[Added 4-18-2023 by Ord. No. 2023-5]
The title of this article shall be the "City of Walhalla Historic
Preservation Ordinance."
A.
The purpose of this article is to promote the public health, safety
and general welfare by providing for the identification, protection,
enhancement, perpetuation and use of improvements, buildings and their
settings, structures, objects, monuments, sites, places, and areas
within the City of Walhalla that reflect special elements of the City's
architectural, artistic, cultural, engineering, aesthetic, historical,
social and other heritage to achieve the following objectives:
(1)
Safeguard the heritage of the City by encouraging the voluntary
protection of historic resources representing significant elements
of its history;
(2)
Enhance the visual character of the City by encouraging and
providing for the voluntary preservation of those buildings that reflect
unique and established architectural traditions that contribute to
the established neighborhoods of the City;
(3)
Foster public appreciation of and civic pride in the beauty
of the City and the accomplishments of its past;
(4)
Strengthen the economy and improve property values of the City
by protecting and enhancing the City's attraction to residents and
visitors;
(5)
Promote the private and public use of historic resources for
the education, prosperity and general welfare of the people;
(6)
Stabilize and improve property values within the City; and
(7)
Achieve historic preservation through the encouragement and
promotion of voluntary additions to the City's Historic Register.
B.
This article is part of the Zoning Ordinance of City of Walhalla
and is enacted pursuant to S.C. Code Ann. §§ 6-29-710
and 6-29-870 et seq.
As used in this article, the following terms shall have the
meanings indicated:
An expansion of a building that increases the original size
or footprint of the structure by constructing additional space.
A change in the external architectural features of any historic
structure or in the interior of any such structure if the interior
feature is specifically included in the historic designation; a change
in the landscape features of any historic site or place; or work having
an adverse effect upon designated archaeological resources.
Document issued by the Planning Commission, following a prescribed
review procedure, certifying that the proposed actions by an applicant
are found to be acceptable in terms of design criteria relating to
the individual property or the historic district.
Overall shape of the building, its materials, craftsmanship,
decorative details and features, as well as the various aspects of
its site and environment; features that capture the historic character
of the building.
Geographic area, including both cultural and natural resources
and the wildlife or domestic animals therein, associated with an historic
event, activity, or person or exhibiting other cultural or aesthetic
values.
The City of Walhalla Community Development Department.
The City's Community Development Director or designee.
The architectural style, general design and general arrangement
of the exterior of a building, structure or object, including but
not limited to the kind or texture of the building material and the
type and style of all windows, doors, signs and other appurtenant
architectural fixtures, features, details or elements relative to
the foregoing.
An area, designated by the City Council, upon the recommendation
of the Planning Commission and pursuant to the provisions of this
article.
The ability of a property to convey its significance. Historic
properties either retain integrity (convey their significance) or
they do not. Within the concept of integrity, the National Register
criteria recognize seven aspects or qualities that, in various combinations,
define integrity. The seven aspects of integrity are location, design,
setting, materials, workmanship, feeling and association.
Any place (including an archaeological site or the location
of a significant historical event), building, structure, work of art,
fixture or similar object that has been individually designated by
City Council or designated as a contributing property within an historic
district.
The City's list of properties formally designated as historic
resources after an application is filed by the property owner. The
current list of designated properties will be kept on file at the
Community Development office. Properties on the South Carolina and
National Registers are automatically eligible for the City's Historic
Register.
A property or structure that 1) is listed on the City's Historic
Register, 2) is listed on the South Carolina Register of Historical
Resources, 3) has been officially determined to be eligible for the
South Carolina Register of Historical Resources by the State Historical
Resource Commission, 4) is listed on the National Register of Historic
Places, 5) has been officially determined to be eligible for the National
Register of Historic Places by the National Park Service, or 6) the
City is mandated by law to treat as an historic resource based on
substantial evidence in light of the whole record. Generally, a resource
shall be considered to be "historically significant" if the resource
meets the criteria for listing on the SC Register of Historical Resources.
A set of guidelines that provide recommendations for treatments
of various building systems, such as windows and roofs, as well as
information specific to particular architectural styles. This document
would provide preferred design examples and guidelines for the alteration
of historic resources. Projects which are consistent with these guidelines
will typically not create an adverse impact to an historic resource.
A change that will affect either the exterior architectural
on environmental features of an historic property or any building,
structure, site, object, or landscape feature within an historic district,
such as:
A reconstruction or alteration of the size, shape or facade
of an historic property, including relocation of any doors or windows
or removal or alteration of any architectural features, details or
elements;
Demolition or relocation of an historic structure;
Commencement of excavation for construction purposes;
A change in the location of advertising visible from the public
right-of-way; or
The erection, alteration, restoration or removal or any buildings
or other structure with an historic property or district, including
walls, fences, steps and pavements, or other appurtenant features,
except exterior paint alterations.
A material thing of functional, aesthetic, cultural, historical
or scientific value that may be, by nature or design, movable yet
related to a specific setting or environment.
The location of a significant event, a prehistoric or historical
occupation or activity, or a building or structure, whether standing,
ruined, or vanished, where the location itself maintains historical
or archaeological value regardless of the value of any existing structure.
A work made up of interdependent and interrelated parts in
a definite pattern of organization. Constructed by man, it is often
an engineering project large in scale.
Hardship, caused by unusual and compelling circumstances,
based on one or more of the following:
The property cannot reasonably be maintained in the manner dictated
by the ordinance;
There are no other reasonable means of saving the property from
deterioration or collapse; or
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.
A.
It is hereby established that the City's Planning Commission (Commission)
shall have the responsibility to oversee the Historic Designation
Program and design review duties.
B.
Planning Commission powers. The Planning Commission shall be authorized
to:
(1)
Prepare and maintain, or cause to have prepared and maintained,
an inventory of all property within the City having the potential
for designation as historic property;
(2)
Review requests by property owners for historic designation
and inclusion on the City's Historic Register;
(3)
Recommend to the City Council specific districts, sites, buildings,
structures, or objects to be designated by ordinance as historic properties
or historic districts;
(4)
Review applications for certificates of appropriateness and
grant or deny same in accordance with the provisions of this article;
(5)
Recommend to the City Council that the designation of any district,
site, building, structure or object as an historic property or as
an historic district be revoked or removed;
(6)
Perform, or cause to have performed, historic preservation activities
within the City; and
(7)
Review and make comments to the State Board of Review concerning
the nomination of properties within its jurisdiction to the South
Carolina and National Registers of Historic Places.
C.
Planning Commission's power to adopt standards. The Commission shall
develop, or cause to have developed, and adopt standards, design guidelines
and criteria to perform its duties. The Commission shall have the
flexibility to adopt design standards without amendment to this article.
A.
Historic property inventory. The Commission shall compile and collect
information of historic resources within the City limits of Walhalla.
B.
Historic property register.
(1)
Inclusion on the City's Historic Register shall be voluntary
and require the approval of the property owner.
(2)
The Commission shall, through the City Community Development
Department, accept requests for historic designation and inclusion
on the City's Historic Register.
(3)
Prior to the Commission's recommendation of an historic district
or historic property to the City Council for designation, the Commission
shall compile a report for nomination consisting of:
(a)
A physical description;
(b)
A statement of the historical, cultural, architectural and/or
aesthetic significance;
(c)
A map showing district boundaries and zoning classification
of individual properties therein or showing boundaries of individual
historic properties; and
(d)
Representative photographs.
(4)
Properties or districts accepted for inclusion on the City's
Historic Register are eligible to apply for a City plaque or marker
detailing its significance. Any fees associated with the plaques and/or
markers shall be set by the City Council.
C.
Designation of an historic district.
(1)
An historic district is a geographically definable area, which
contains buildings, structures, sites, objects, and landscape features
or a combination thereof, which:
(a)
Has special character of special historic/aesthetic value or
interest;
(b)
Represents one or more periods, styles, or types of architecture
typical of one or more eras in the history of the City, county or
state; and
(c)
Causes such area, by reason of such factors, to constitute a
visibly perceptible section of the City.
(2)
Boundaries of an historic district shall be included in the
separate ordinances designating such districts and shall be shown
on the official Zoning Map of the City.
D.
Designation of an historic property. An historic property or landmark
is a building, structure, site, or object, including the adjacent
area necessary for the proper appreciation or use thereof, deemed
worthy of preservation by reason of value to the City for one of the
following reasons:
(1)
It has significant inherent character, interest, or value as
part of the development or heritage of the community, state, or nation;
or
(2)
It is one of the few remaining examples of a past architectural
style; or
(3)
It is a place or structure associated with an event or persons
of historic or cultural significance to the community, state, or nation;
or
(4)
It is the site of natural or aesthetic interest that is continuing
to contribute to the cultural or historical development and heritage
of the community, state or nation; or
(5)
It is the work of a designer whose work has influenced significantly
the development of the community, state or nation; or
(6)
It contains elements of design, detail, materials, or craftsmanship
which represent a significant innovation; or
(7)
It is part of or related to a square or other distinctive element
of community planning; or
(8)
It represents an established and familiar visual feature of
the neighborhood or community; or
(9)
It has yielded, or may be likely to yield, information important
in prehistory or history; or
(10)
The property is listed on the South Carolina Register of Historical
Resources; eligible for the South Carolina Register of Historical
Resources; listed on the National Register of Historic Places; or
eligible for the National Register of Historic Places.
E.
Requirements for adopting an ordinance for the designation of historic
districts and historic properties.
(1)
Any ordinance designating any property or district as historic
shall:
(a)
List each property in a proposed historic district or describe
the proposed individual historic property;
(b)
Set forth the name(s) of the owner(s) of the designated property
or properties;
(c)
Require that a certificate of appropriateness be obtained from
the Commission prior to any material change in appearance of the designated
property; and
(d)
Require that the property or district be shown on the official
Zoning Map of the City and be kept as a public record to provide notice
of such designation.
(2)
The Planning Commission and/or City Council shall hold a public
hearing on any proposed ordinance for the designation of any historic
district or property following the established public notice requirements
of the City.
(3)
The Planning Commission shall transmit its recommendation to
City Council following its public meeting.
(4)
Following receipt of the Commission recommendation, the City
Council may adopt the ordinance as proposed, may adopt the ordinance
with any amendments it deems necessary, or reject the ordinance.
A.
Approval of material change in appearance in historic districts or
involving historic properties. After the designation by ordinance
of an historic property or an historic district, no material change
in the appearance of such historic property, or of a contributing
or noncontributing building, structure, site or object within such
historic district, shall be made or be permitted to be made by the
owner or occupant thereof, unless or until the application for a certificate
of appropriateness has been submitted to and approved by the Commission.
A building permit shall not be issued without a certificate of appropriateness.
A separate zoning permit shall not be required for work requiring
a COA.
B.
Submission of supporting documentation to Commission. An application
for a certificate of appropriateness shall be accompanied by supporting
documentation, such as drawings, plans, photographs, etc., as may
be required by the Commission.
C.
Interior alterations. In its review of applications for certificates
of appropriateness, the Commission shall not consider interior arrangement
or use having no effect on exterior architectural features.
D.
Technical advice. The Commission shall have the power to seek technical
advice from outside its members on any application.
E.
Public hearings on applications for certificates of appropriateness.
The Commission shall schedule and hold a public hearing at which the
proposed certificate of appropriateness is discussed. Notice of the
hearing shall be published in the newspaper of general circulation.
The subject property shall be posted; and all adjacent property owners
of the subject property shall be notified of the request and hearing.
F.
Commission actions to applications for certificate of appropriateness.
(1)
Commission action. The Commission may approve the certificate
of appropriateness as proposed, approve the certificate of appropriateness
with any modifications it deems necessary, or reject it.
(a)
The Commission shall approve the application and issue a certificate
of appropriateness if it finds that the proposed material change(s)
in the appearance would not have a substantial adverse effect on the
aesthetic, historic, or architectural significance and value of the
historic property or the historic district.
(b)
In making this determination, the Commission shall consider,
in addition to any other pertinent factors, the following criteria
for each of the following acts:
[1]
Reconstruction, alteration, new construction or
renovation: The Commission shall issue certificates of appropriateness
for the above proposed actions if those actions conform in design,
scale, building materials, setbacks and site features, and to the
Secretary of Interior's Standards for Rehabilitation and Guidelines
for Rehabilitating Historic Buildings.
[2]
Relocation: A decision by the Commission approving
or denying a certificate of appropriateness for the relocation of
a building, structure, or object shall be guided by:
[a]
Whether the present setting of the building contributes
to its historic character and aesthetic interest.
[b]
Whether there are definite plans for the area to
be vacated and what the effect of those plans on the character of
the surrounding area will be.
[c]
Whether the building, structure or object can be
moved without significant damage to its physical integrity.
[d]
Whether the proposed relocation area is compatible
with the historical and architectural character of the building, structure,
site or object.
[3]
Demolition. A decision by the Commission approving
or denying a certificate of appropriateness for the demolition of
buildings, structures, sites, or objects shall be guided by:
[a]
The historic, scenic or architectural/significance
of the building, structure, site, or object.
[b]
The importance of the building, structure, site,
or object to the ambiance of a district.
[c]
The difficulty or the impossibility of reproducing
such a building, structure, site, or object because of its design,
texture, material, detail, or unique location.
[d]
Whether the building, structure, site, or object
is one of the last remaining examples of its kind in the neighborhood
or the City.
[e]
Whether there are definite plans for use of the
property if the proposed demolition is carried out, and what the effect
of those plans on the character of the surrounding area would be.
[f]
Whether reasonable measures can be taken to save
the building, structure, site, or object from collapse.
[g]
Whether the building, structure, site, or object
is capable of earning reasonable economic return on its value.
G.
Undue hardship. When, by reason of unusual circumstances, the strict
application of any provision of this article would result in the exceptional
practical difficulty or undue economic hardship upon any owner of
a specific property, the Board of Zoning Appeals shall have the power
to vary or modify strict provisions so as to relieve such difficulty
or hardship; provided such variances, modifications, and interpretations
remain in harmony with the general purpose and intent of said provisions,
so that the architectural or historical integrity, or character of
the property, shall be conserved and substantial justice done. In
granting variances, the Board of Zoning Appeals may impose such reasonable
and additional stipulations and conditions as will, in its judgment,
best fulfill the purpose of this article. An undue hardship shall
not be a situation of the person's own making. The Planning Commission
remains responsible for approving or denying the certificate of appropriateness
should a variance be requested of and approved by the Board of Zoning
Appeals.
H.
Deadline for approval or rejection of application for certificate
of appropriateness. The Commission shall approve or reject an application
for a certificate of appropriateness within 30 days after the scheduled
public hearing. Failure of the Commission to act within said 30 days
shall constitute approval.
I.
Denial of application for certificate of appropriateness.
(1)
In the event the Commission rejects an application, it shall
state its reasons for doing so and shall transmit a record of such
actions and reasons, in writing, to the applicant. The Commission
may suggest alternative courses of action it thinks proper if it disapproves
of the application submitted. The applicant may make modifications
to the plans and may resubmit the application at any time after doing
so.
(2)
In cases where the application covers a material change in the
appearance of a structure which would require the issuance of a building
permit, the rejection of the application for a certificate of appropriateness
by the Commission shall be binding upon the Building Inspector or
other administrative officer charged with issuing building permits
and, in such a case, no building permit shall be issued.
J.
Requirement of conformance with certificate of appropriateness. All
work performed pursuant to an issued certificate of appropriateness
shall conform to the requirements of such certificate. In the event
work is performed not in accordance with such certificate, the City
code enforcement staff or designee shall issue a cease-and-desist
order and all work shall cease.
K.
Certificate of appropriateness void if construction not commenced.
A certificate of appropriateness shall become void if construction
is not commenced within 12 months of the date of issuance. A certificate
of appropriateness shall be issued for a period of 12 months and is
renewable for one twelve-month extension with staff approval.
L.
Recording an application for certificate of appropriateness. The
Commission shall keep a public record of all applications for certificates
of appropriateness and of all the Commission's proceedings in connection
with said application.
M.
Appeals. Any person adversely affected by any determination made
by Community Development staff in the enforcement or interpretation
of this article may appeal such determination to the Board of Zoning
Appeals within 10 calendar days of the written determination. Any
person adversely affected by any determination made by the Planning
Commission may appeal such determination to the Courts of South Carolina
pursuant to S.C. Code Ann. § 6-29-900 et seq.
A.
Ordinary maintenance or repair. Ordinary maintenance or repair of
any exterior architectural or environmental feature in or on an historic
property to correct deterioration, decay, or to sustain the existing
form, and that does not involve a material change in design, material
or outer appearance thereof, does not require a certificate of appropriateness.
B.
Applicability of property maintenance code. Property owners of historic
properties or properties within historic districts shall be subject
to the City's adopted property maintenance code.
C.
Affirmation of existing building and zoning codes. Nothing in this
article shall be construed as to exempt property owners from complying
with existing City building and zoning codes, nor prevent any property
owner from making any use of this property not prohibited by other
statutes, ordinances or regulations.
Violations of any provisions of this article shall be punished
in the same manner as provided for punishment of violations of validly
enacted ordinances of the City.
In the event that any section, subsection, sentence, clause
or phrase of this article shall be declared or adjudged invalid or
unconstitutional, such adjunction shall in no manner affect the other
sections, sentences, clauses, or phrases of this article, which shall
remain in full force and effect, as if the section, subsection, sentence,
clause, or phrase so declared or adjudged invalid or unconstitutional
were not originally part thereof.
