A.

Authority. The historic district overlay is adopted under authority of S.C. Code §§ 6-29-870 and 6-29-940.

B.

Purpose. The purpose of the historic district is to enhance, through planning and the review process, all proposed development in the city's officially designated historic district, the boundaries of which are shown as "Local Historic District" on the official zoning map of the city, and to preserve and maintain the heritage of the city. This section is intended to:

1.

Effect and accomplish the protection, enhancement, and perpetuation of such properties;

2.

Safeguard the city's historic and aesthetic and cultural heritage as embodied and reflected in such properties;

3.

Stabilize and improve property values in the historic district and contiguous areas;

4.

Protect and enhance the city's attraction to tourists and visitors and the support and stimulus for business and industry thereby provided;

5.

Strengthen the economy of the city;

6.

Preserve and enhance the environmental quality of neighborhoods.

C.

Permitted uses. This is an "overlay" district; as such, permitted uses are determined by the "underlay" or primary zoning district. Within the B-1 district located "under" or within the historical district, for example, only those uses permitted in the B-1 district are permitted herein, subject to the additional requirements and standards of this section.

D.

City manager to prepare form letter annually and to enforce this section. The city council directs the city manager to prepare annually a form letter to all property owners in the historical district. The contents of this letter are to express appreciation for property preservation, to remind them of ordinance provisions, and to encourage improved maintenance.

The city council further directs the city manager and/or his designee to initiate appropriate municipal operations to observe and to deter action in violation of this ordinance.

The city council further directs the city manager, with the advice and counsel of the members of the commission established under section E below, to develop and publish design criteria and standards upon which the commission shall rely in acting on any permit as set forth herein below. The board shall utilize as its guidelines the U.S. Department of the Interior Standards for Rehabilitation, along with any additional guidelines adopted by the commission.

E.

City council designation of responsibility. The city council, wishing to preserve the history of the city, which is found in its institutions, commercial buildings, residents, and other physical properties located within the historical district, declare that the principal intent of this ordinance is to assign and designate commitments, duties, and responsibilities to the city manager and/or his designee and a board of nine members with the following composition:

1.

Seven members shall be city residents or own property in the local historical district of the city.

2.

Two members shall be exempt from the above-stated residency/property ownership requirements as long as the members have an identified, distinct, applicable technical ability as well as a vested interest in the city. Such technical applicants may include architects, landscape architects, historical preservationists, engineers, historians, building contractors, etc.

To help achieve the purpose of this district, the city council shall establish and appoint the city board of architectural review who will be appointed for four-year overlapping terms. If a vacancy occurs due to the resignation of a member, the city council shall appoint a replacement in a timely manner to serve the remaining portion of the term. The city council will seek representation from the legal profession, architects, realtors, developers and building contractors and historians with credible references on their interest in architectural periods from 1785, or in interior or exterior design, or the history of the city, or in local historical activities in the city.

The board shall act on behalf of the city council on any permit to construct, modify, move, remove, place, improve or demolish a building or structure in the historic district. Where, within the historic district, the exterior appearance of any structure, including the demolition or relocation of such structure, or the interior of public or government buildings is involved, the city building official or appropriate county building official (as case might be) shall issue no permit for the erection, alteration, improvement, demolition or moving of such structure unless or until a certificate of appropriateness has been issued by the board of architectural review. The board shall issue a certificate of appropriateness only if it finds that the proposal is, in fact, appropriate to the character, appearance, and environment of the district and meets the requirements of this ordinance. In making decisions on questions of appropriateness, the board shall be guided by the U. S. Department of the Interior Standards for Rehabilitation and by other additional criteria as adopted by the board and made public. In conference with applicants, the board may permit modification of original proposals, if such modifications are formally acknowledged, clearly indicated and recorded. Any action by applicants following issuance of permit requiring a certificate of appropriateness shall be in accord with the approved application.

The board shall not issue a certificate of appropriateness authorizing issuance of any permit of it finds that the action proposed would adversely affect the character and environment of the district. Where certification is denied, the board shall record in writing its reasons for denial. Approval must also be recorded in writing.

The board, on its own initiative, may file a petition with the city requesting the appropriate building official proceed under the City of York Code of Laws and under the public safety and housing ordinances to require correction of defects or repairs to any structure covered under this ordinance so that such structures shall be preserved and protected in consonance with the purpose of this ordinance and the public safety and housing ordinance.

F.

Organization of the board of architectural review. The board shall elect officers for terms of one year. A chairperson shall be elected from the membership of the board. The chairperson shall serve for a term of one year, or until a successor is elected. The chairperson may be re-elected. A vice-chairman shall be elected and shall serve as chairman in event of the absence of the chairman. A secretary shall be appointed, who may be a member of the commission or a staff member of the city. Minutes of board proceedings, showing the vote of each member on each question, shall be kept as public records. The board shall adopt rules of procedure and rules for hearing evidence and examining witnesses. Members of the board may not hold another public office or position in the city or county.

G.

Conflict of interest. Members of the board with a direct personal or financial interest in a property affected by a decision of the board shall be disqualified from participating in the decision concerning that property.

H.

Liability. Members of the board acting within the powers granted by this ordinance are relieved from personal liability for any damage resulting from board decisions and held harmless by the city. Any legal action brought against members of the board for decisions made by the group shall be defended by a legal representative of the city.

I.

Designation of local historic district. The boundaries of the local historic district as existing at the time of the adoption of this ordinance are shown on the official zoning map of the city. Based on historic studies, designation to the national register of historic places, and historic inventories, the board may from time to time recommend expansion of the local historic district boundaries or the designation of individual properties as historic to the city council of the city. The board shall develop criteria to use when considering properties for inclusion in the local historic district. The city council shall consult the city planning commission on the designation of additional properties. As such designation represents a map amendment to the official zoning map, the procedures for notification of property owners, public hearings, and adoption of the recommended amendment shall follow the procedure for amendment as set forth in the appropriate section of the zoning appendix.

J.

Powers and duties of the board. The board shall have the following powers and duties:

1.

Announce and conduct public meetings (at least three per year).

2.

Produce an annual report to the city council.

3.

Maintain an inventory of designated historic properties within the city.

4.

With support from city council, undertake a historic resources survey.

5.

Develop a process for designation of historic districts and properties.

6.

Review nominations to the national register of historic places.

7.

Review proposed alterations, demolition, and new construction within the designated historic districts and properties for compliance with the standards of this ordinance through applications for certificates of appropriateness.

8.

Develop bylaws and rules of procedure for the work of the board.

K.

Application and materials to be submitted to the board. Applications for certificates of appropriateness shall be submitted through the office of the proper building official of the city and thence to the board of architectural review for review and action. The board of architectural review shall render a decision regarding a certificate of appropriateness within 75 calendar days of the initial public meeting regarding the particular application, or sooner, if possible.

If no action is taken by the board of architectural review at the end of 75 days after the initial public meeting, the certificate of appropriateness application shall be deemed to have been approved.

By general rule, or by specific request in a particular case, the board may require submission of any or all of the following information in connection with the application: Architectural plans, site plans, landscaping plans, proposed sign and appropriate detail as to character, proposed exterior lighting arrangements, elevations of all portions of structure with important relationships to public view and indications as to construction materials, design of doors and windows, ornamentation, colors and the like, photographs or perspective drawings indicating visual relationships to adjoining structures and spaces, and such other exhibits and reports as are necessary for its determination. Applications for certificates of appropriateness shall be signed by the owner of the property or an authorized representative. Upon review by the board, the application shall be signed by the chairman or vice-chairman of the board stating its approval, denial, of approval with conditions, and the reasons for such decision. The applicant shall be provided with written notification of the decision.

General certification of appropriateness for specific classes of uses may be issued by the board if it is found that the particular materials, designs, or architectural features or styles or other characteristics are generally acceptable and appropriate within the district, and that continued detail consideration of the individual applications involving only such matters would be superfluous. In such cases, if the proper building official finds, upon examining the application, that all aspects that would otherwise require commission review are covered by general certification, he may proceed without referral to the commission, identifying the general certification in the record concerning the application.

The building official shall notify the board of the applications approved through this process.

L.

Substantial hardship. In the event a certificate of appropriateness is denied, the property owner may apply for an exemption based on the substantial hardship of maintaining the property according to the design guidelines for historic properties. Substantial hardship is to be considered by the board of architectural review where one of more of the following unusual and compelling circumstances exist:

1.

The property cannot reasonably be maintained in the manner dictated by the ordinance;

2.

There are no other reasonable means of saving the property from deterioration, or collapse; or

3.

The property is owned by a nonprofit organization and it is not feasible financially or physically to achieve the charitable purposes of the organization while maintaining the property appropriately.

The owner may be required to submit documents to show that he cannot comply with the design guidelines and earn a reasonable rate of return on his investment in the property. Information required may include:

1.

Costs of the proposed development with and without modification needed to comply with the design guidelines as determined by the board of architectural review;

2.

Structural report and/or feasibility report;

3.

Market value of the property in its present condition and after completion of the proposed project;

4.

Cost of the property, date purchased, relationship, if any, between seller and buyer, terms of financing;

5.

For the past two years, annual gross income from the property with operating and maintenance expenses, depreciation, and annual cash flow before and after debt service during that time; and

6.

Other information considered necessary by the historical commission to determine whether or not the property may yield a reasonable return.

M.

City council directs that no certificate of appropriateness be required for:

1.

Repainting previously painted surfaces.

2.

Any change in interior if it cannot be seen from the exterior (with the exception of public or government building)

3.

Any repairs or damages caused by storm or casualty that will be returned to its state prior to the damage.

4.

Roofing that simulates the same weight, color and material.

N.

Demolition. Where demolition or removal of a structure is involved, the board shall review the circumstances and conditions of the structure or part proposed for demolition or removal and shall determine the feasibility of preservation. If preservation is found to be physically and/or economically infeasible, issuance of the demolition or removal permit shall proceed upon certification in writing by the board.

If preservation is found to be physically and economically feasible, the board shall take or encourage the taking of whatever steps seem likely to lead to such preservation on the site on which the structure is located. Within 12 months from date of application, unless the owner of the property agrees to an extension of the time period, or unless means acceptable to the owner and the board of architectural review have been found to preserve the structure, the demolition or removal permit shall be issued in writing.

O.

Preservation of structures within the historical district.

1.

Definitions.

Demolition by neglect. Neglect in the maintenance of a building resulting in one or more of the following conditions:

a.

Parts, components, or details of the building which are defective or deteriorated or so attached that they may fall off;

b.

Defective or deteriorated foundation;

c.

Defective or deteriorated floor supports;

d.

Members of walls or other vertical supports that split, lean, list or buckle due to defective construction or deterioration or that are otherwise insufficient to carry imposed loads;

e.

Members of ceilings, roofs, ceiling and roof supports, or other horizontal supports that are insufficient to carry imposed loads;

f.

Fireplaces or chimneys which list, bulge, or settle due to defective construction or deterioration;

g.

Unsafe electrical or mechanical conditions or conditions constituting a fire hazard;

h.

Defective or deteriorated siding, masonry joints, windows, exterior doors, flashing, venting or any other defect or condition in the building which renders it not properly watertight;

i.

Defective or deteriorated down spouts or gutters such that rain runoff is not directed off of the roof and away from the foundation; or

j.

Any other defect or condition in the building which threatens the viability of the structure or any part, component, or architectural detail.

Historic district. The section(s) of the city corresponding to the city historic district as defined in section X, subsection 9.

Significant structure. Any structure in the historic district that the historical commission (hereinafter referred to as "commission") reasonably considers to be historically or architecturally significant. Any parts, components, or architectural details of a significant structure which the commission reasonably determines to be significant shall be deemed significant.

2.

Procedure.

a.

In the event that the board finds that a significant structure (as defined in this article) or any significant part, component, or detail of that structure appears to be threatened with destruction or loss due to failure on the party of the property owner to properly maintain or repair the structure (in accordance with definition of "demolition by neglect," herein) the board shall conduct a public hearing in order to make a determination.

b.

The owner of record of the subject property shall be notified according to the requirements of section 7.a. that his property appears to be threatened with destruction due to neglect and of the time and place of the public hearing.

c.

The planning director shall inspect the property and present his findings at the public hearing. The property owner and any other interested parties may present their concerns at the public hearing. If the board determines that the property is being demolished by neglect, then the planning director in consultation with the board shall develop specifications for the stabilization of the property. Approval of the board shall be required for specifications of elements ordinarily reviewed by the board.

3.

Penalties and remedies. If the property owner fails to commence or complete the work as specified, the city may, at council's direction, stabilize the structure. Any contractor employed for this purpose shall be procured in accordance with the procedures for procurement of services outlined in this article. The owner shall be notified in writing of the board's determination including supporting findings of fact.

4.

Reimbursement to city. The city shall then place a lien against the property with the register of deeds of the county for the value of the resources so expended by the city, such lien to be entered upon and enforced in the manner as provided by law.

5.

Safeguards from economic hardship.

a.

When a claim of undue economic hardship is made owing to the effects of this article, the planning director's order shall be stayed until after the board's determination on the claim in accordance with the procedure listed below. The board shall schedule a hearing on the claim at its next regular meeting, within the limitations of its procedures for application deadlines.

b.

The petitioner shall present information provided for under subsection 5.d. to the board. The board may require that an owner and/or parties in interest furnish such additional information that is relevant to its determination of undue economic hardship. The commission may ask staff to furnish additional information as the board believes relevant. The commission shall also state which form of financial proof it deems relevant and necessary to a particular case.

c.

In the event that any of the required information is not reasonably available to the owner and/or parties in interest and cannot be obtained by the owner, the owner shall describe the reasons why such information cannot be obtained.

d.

When a claim of undue economic hardship is made owing to the effects of this article, the owner and/or parties in interest must provide evidence during the hearing upon the claim, describing the circumstances of hardship. Evidence may include, but not be limited to:

1)

Nature of ownership (individual, business, or nonprofit) or legal possession, custody, and control;

2)

Financial resources of the owner and/or parties in interest;

3)

Cost of repairs;

4)

Assessed value of the property and improvements;

5)

Real estate taxes for the previous two years;

6)

Amount paid for the property, date of purchase, and party from whom purchased, including a description of the relationship between the owner and the person from whom the property was purchased, or other means of acquisition of title, such as by gift or inheritance;

7)

Annual debt service, if any, for previous two years; and

8)

Any listing of the property for sale or rent, price asked, and offers received, if any.

9)

For income producing properties:

a)

Annual gross income from the property for the previous two years;

b)

Itemized operating and maintenance expenses for the previous two years, including proof that adequate and competent management procedures were followed; and

c)

Annual cash flow, if any, for the previous two years.

10)

Within 60 days of the board's hearing on the claim, the commission shall cause to be made a finding of undue or no undue economic hardship and shall enter the reasons for such finding into the record. In the event of a finding of no undue economic hardship, the board shall report such finding to the planning director. The planning director, after consultation with the city manager, may then cause to be issued an order for such property to be repaired within the time specified.

11)

In the event of a finding of an undue economic hardship, the finding shall be accompanied by a recommended plan to relieve the economic hardship. This plan may include, but is not limited to, property tax relief as may be allowed under state law, loans or grants from the city, the county, or other public, private, or nonprofit sources, acquisition by purchase or eminent domain, building code modifications through the construction commission of adjustment and appeals, changes in applicable zoning regulations, or relaxation of the provisions of this article sufficient to mitigate the undue economic hardship.

6.

Stabilization specifications. Specifications for stabilization of the property shall be for permanent rather than stopgap measures. Such measures should be determined to completely forestall any further deterioration of the property. Materials and finishes should be such that no replacement/reworking or only minimal replacement/reworking will be required at any such time in the future when full rehabilitation may occur. However, the purpose of work specified under this section is to stabilize the structure rather than to render it habitable. Temporary stopgap measures may be implemented in emergency situations or where implementation of permanent measures is not feasible for emergency situations or where implementation of permanent measures is not feasible for any reason.

7.

Public hearings and notification.

a.

Letters and orders to be delivered to the property owner as called for herein shall be made in person or by certified mail. If the whereabouts of the owner are unknown and cannot be reasonably determined, the planning director shall make an affidavit to that effect, then publish such information once each week for two consecutive weeks in a local newspaper. A copy of such letters and orders shall be posted in a conspicuous place on the structure and also filed with the county clerk of court. Such filing shall have the same force and effect as other lis pendens notices provided by law.

b.

Notice of public hearing as called for herein shall be done in accordance with procedures already established for the board of zoning appeals. At the hearing, any party may appear in person or by agent or attorney.

8.

Buildings unfit for human habitation.

a.

The purpose of this article is to preserve significant structures which are threatened by demolition. The purpose of the City Code of Ordinances, chapter 8, article IV, derelict buildings, is to protect the health and safety of persons.

b.

In cases where a building may be construed to be both unfit for human habitation as defined in that article and in the process of demolition by neglect, procedures and policies specified in either article shall apply, as appropriate, as determined by the planning director.

9.

Miscellaneous.

a.

It shall be unlawful for any person to remove or deface public notices placed upon the structure.

b.

The planning director, city manager, members of the board and city council, and any other person designated by the planning director who may need to inspect the property pursuant to this article may enter upon the premises for the purpose of making necessary examinations, provided such entry is made in such manner as to cause the least practical inconvenience to the persons in possession.

c.

No part of this article shall be construed in any way to impair or limit any and all powers of the city to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.

P.

Inspection. It shall be the duty of the proper building official of the city to inspect from time to time any work performed pursuant to a permit issued by the board to ensure compliance with the permit.

Q.

Quality performance of work and authority of building official to stop work not in compliance. In the event work performed in accordance with permit issued is not in accordance with such permit, the proper building official or his designated representative shall issue a stop-work order and all work shall cease. No person, firm, or corporation shall undertake any work on such project as long as such stop-work order shall continue in effect.

R.

Certain work exempt from board review. Nothing in this ordinance section shall be construed to prevent the demolition of any structure which the proper building official shall certify in writing to the commission is required for public safety because of an unsafe or dangerous condition.

S.

Appeal. In case of disapproval by the commission of any application for a certificate of appropriateness, the applicant shall have the right to appeal the decision, in writing, to the circuit court by filing a petition with the clerk of court setting forth the reasons why the petitioner feels the decision is contrary to law. The clerk of court is required to give immediate notice of the appeal to the secretary of the board of architectural review. Within 30 days after notice from the clerk of court, the board of architectural review shall file with the clerk of court a certified copy of the proceedings before the board, a transcript of testimony and evidence, and the decision of the board, including its findings and conclusions. A decision of the circuit court may be appealed to the South Carolina Supreme Court.

Decisions of the building official or other official of the city relating to the implementation of the provisions of this article may be appealed to the board of architectural review by applicants who feel that those decisions are contrary to the article. The applicant must file a notice of appeal to the board. An appeal stays all proceedings to enforce the action of the official, unless the official certifies that a stay would cause imminent peril to life and property. The board must set a reasonable time for hearing the appeal, must provide public notice, and must provide written notice to parties in interest at least 15 days prior to the hearing. A party may appear in person or be represented at the hearing by an agent or attorney. The hearing shall be held in accordance with the procedural rules adopted by the board. The board shall provide a copy of its findings to parties of interest by certified mail and retain a copy as public record.

T.

Penalty for violation. Any person, firm or corporation found to be guilty of violating any provision of this section X of the city zoning appendix shall be fined in accordance with the penalties set forth in section 1-13 of this Code. Each day such violation shall continue will constitute a separate offense.

U.

Severability. All sections and portions of sections are considered several and separate. Any section or portion thereof that might be declared unconstitutional shall not affect remaining sections and portions thereof, such remaining in full force and effect.

(Ord. No. 03-391, 12-2-2003; Ord. No. 04-406, 10-5-2004; Ord. No. 06-442, 9-5-2006; Ord. No. 07-464, 11-6-2007; Ord. No. 08-483, 9-2-2008; Ord. No. 12-529, 11-6-2012; Ord. No. 17-589, § 4, 5-7-2019)