Appendix 1708. Process for granting a certificate of appropriateness (COA).

1708.1. General. A Certificate of Appropriateness (COA) is required before a zoning compliance form or building permit can be issued. A COA is required for the demolition of, or any alteration, modification or addition to, as well as, any new construction to a historic property or a contributing property located in a historic preservation district or to an individually designated historic property. Any zoning compliance form or building permit not issued in conformity with this Article shall be considered null and void. Any project underway that does not have a Certificate of Appropriateness or a Certificate of No Effect (see Section 1709) shall have a stop work order issued by the Horry County Code Enforcement Department to prevent further work.

1708.2. Procedures.

(A)

Application submission. Applications for a Certificate of Appropriateness (COA) shall be submitted to the Planning Department thirty (30) days prior to the regularly scheduled meeting of the BAR in order to be considered. Only complete applications will be accepted and submitted to the BAR for review. The owner of record must sign the application form. In the event the property owner designates an agent to appear before the Board, a letter of agency must be supplied with the application.

(B)

Board action and time limits. The Board shall review the application, using the design guidelines appearing in Section 1710 to decide whether or not the applicant's plans are appropriate. Upon review of the application, the Board shall have forty-five (45) days in which to state it's decision - approval, denial, or approval with conditions - and the reasons for the decision. Written notification of the Board's decision and the reason for the decision shall be provided to the property owner or applicant. Individuals aggrieved by the decision of the Board may appeal to the Courts of South Carolina.

1708.3. Contents of Application. The Board shall, in its By-laws, require data as is reasonable and necessary to determine the nature of the application. An application shall not be considered complete until all the required data has been submitted.

1708.4. Notification of Affected Property Owners. Prior to the issuance of an approval or denial of a Certificate of Appropriateness, the Horry County Planning Department shall send out notification to the affected property owners who are within five hundred (500) feet of the applicant's property.

1708.5. Submission of a New Application. If the Board determines that a Certificate of Appropriateness should be denied, a new application affecting the same property may be submitted only if substantial change is made in the plans for the proposed work.

1708.6. Fines and Penalties for Violations. The system of fines applied by Horry County Code Enforcement Department for violation of the building codes will apply to violations of this Article.

1708.7. 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 only if the applicant can meet one (1) or more of the criteria as defined in Section 1702.

The owner may be required to submit documents to show that he cannot comply with the design guidelines. 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,

(2)

Structural report and/or a 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 (2) 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 Board to determine whether or not to grant the exemption.

1708.8. Demolition. It is the intent of this Section to establish minimum maintenance standards and criteria for the demolition of historic properties in Horry County.

(1)

Property Owner Maintenance Responsibilities. The property owner shall make every effort to preserve from deliberate or inadvertent neglect the exterior features of buildings or structures designated as contributing or significant (and the interior portions if designated). Routine maintenance is necessary to prevent the deterioration and decay of the exterior. Buildings or structures shall be preserved against such decline and deterioration and kept free from structural defects through prompt corrections of the following:

(a)

Facades which may fall and injure persons or property;

(b)

Deteriorated or inadequate foundation, defective or deteriorated flooring or flooring supports, deteriorated walls or other vertical structural supports;

(c)

Members of ceilings, roofs, ceiling and roof supports, deteriorated walls or other vertical structural supports;

(d)

Deteriorated or ineffective waterproofing or exterior walls, roofs, foundations, or floors, including broken windows or doors;

(e)

Defective or insufficient weather protection for exterior wall covering, including lack of paint or weathering due to lack of paint or other protective cover; or

(f)

Any fault or defect in the building that renders it not properly watertight or structurally unsafe.

The owner will have to comply will all applicable building codes, laws and regulations governing any work on the property. Any owner who fails to maintain their building or structure in compliance with this Section will be subject to enforcement penalties.

(2)

Board Authorized Demolition. The Board is authorized to approve the removal of dangerous or unsafe buildings and parts thereof if the building or structure is an historic landmark or is located in an historic district as defined in Section 1702 of this Article. The Board shall not order or cause the building or structure or portion thereof to be removed or taken down, unless the Board determines in consultation with the South Carolina Department of Archives and History and the Horry County Code Enforcement Department that:

(a)

There is an extreme and immediate threat to public safety and welfare of the general public resulting from unsafe structural conditions; and,

(b)

The building or structure cannot be made safe by the stabilizing, shoring or securing of the unit.

In instances where unsafe structural conditions have been identified in these buildings, the owner shall immediately make the building safe and secure.

(Ord. No. 04-04, § 2, 4-6-04)