SIGNED EMERGENCY MASK ORDINANCE   ORDINANCE 2020-06

ORDENANZA DE MASCARA DE EMERGENCIA ORDENANZA 2020-06

 

 

 

An Emergency Ordinance Requiring that Face Coverings or Masks Be Worn in Public in The City of Walterboro during the COVID-19 Public Health Emergency and Recovery

 WHEREAS, it is well recognized that SARS-CoV-2 the virus that causes the disease COVID-19 presents a public health concern that requires extraordinary protective measures and vigilance; and

 WHEREAS, on March 11, 2020, the World Health Organization declared a world-wide pandemic; and

 WHEREAS, on March 13, 2020, the President of the United States declared a National Emergency for the United States and its territories to reduce the spread of the virus; and

 WHEREAS, on March 13, 2020, the Governor of the State of South Carolina Henry McMaster declared a state of emergency for the State of South Carolina; and

 WHEREAS, on March 25, 2020, Mayor Bill Young declared a state of emergency in the city of Walterboro, SC; and

 WHEREAS, S.C. Code Ann. §5-7-250 empowers Council to enact emergency ordinances affecting life, health, safety, or property; and

 WHEREAS, COVID-19 has spread across the state with the South Carolina Department of Health and Environmental Control (“SCDHEC”) confirming the localized person-to-person spread of COVID–19 in South Carolina, which indicates a significantly high risk of exposure and infection creating an extreme public health risk; and,

 WHEREAS, as of June 24, 2020, the daily report of Covid cases at 1,303 was the highest to date and there were 27,897 confirmed cases throughout the State of South Carolina, 257 cases in Colleton County and 683 deaths statewide, and 20 deaths in Colleton County; and

 Whereas, 42% of the total of all SC cases have occurred in the two weeks prior to June 24, 2020; and

 WHEREAS, Walterboro is located on the I-95 corridor and as such is exposed to visitors from across our country and is particularly vulnerable to infection; and

 WHEREAS, the number of cases is growing rapidly and if COVID–19 continues to spread in the City, the number of persons relying on medical, pharmaceutical, and general cleaning supplies will increase, the private and public sector work force will be negatively impacted by absenteeism, and the demand for medical facilities may exceed locally available resources; and

 WHEREAS, it is vitally important that we all work together to decrease the widespread proliferation of COVID-19 among us all now rather than suffer the unfortunate and devastating consequences later; and

 WHEREAS, the Centers for Disease Control and Prevention (“CDC”) and SCDHEC advise the use of cloth face coverings to slow the spread of COVID-19; and

 WHEREAS, taking measures to control outbreaks minimizes the risk to the public, maintains the health and safety of the City’s residents, and limits the spread of infection in our communities and within the healthcare delivery system; and

 WHEREAS, in order to protect, preserve, and promote the general health, safety and welfare and the peace and order of the City, the City is taking steps to try to protect the citizens and employees of the City from increased risk of exposure; and

 WHEREAS, in light of the foregoing, City Council deems it proper and necessary to adopt this emergency Ordinance; and

 NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Walterboro, South Carolina in Council assembled this 29th day of June, 2020, that facial coverings or masks shall be required in public places and public buildings within the City to slow the spread of the novel coronavirus disease, known as COVID-19 as follows:

 

  1. All persons entering a commercial establishment in the City must wear a face covering while inside the establishment. This paragraph does not apply to religious establishments. However, the use of face coverings is recommended during religious activities as well.

 

  1. All restaurants, retail stores, salons, barber shops, grocery stores, and pharmacies in the City must require their employees to wear a face covering at all times while having face to face interaction with the public.

 

  1. Any person who is unable to safely wear a face covering due to age, an underlying health condition, or is unable to remove the face covering without the assistance of others is exempt from this Ordinance.

 

  1. Face coverings are not required in the following circumstances:

 

  1. In personal vehicles.
  1. When a person is alone in enclosed spaces; during outdoor physical activity,

provided the active person maintains a minimum of six (6) feet from other people at all times.

  1. When a person is alone or only with other household members.
  2. While actively drinking, eating, or smoking.
  3. When wearing a face covering causes or aggravates a health condition.
  4. When wearing a face covering would prevent the receipt of personal services.

 

  1. A person who fails to comply with Paragraph 1 of this Ordinance shall be guilty of a civil infraction, punishable by a fine of not more than Twenty-five Dollars ($25.00).

 

  1. A person who fails to comply with Paragraph 2 of this Ordinance shall be guilty of a civil infraction, punishable by a fine of not more than $100.00. Each day of a continuing violation of this Ordinance shall be considered a separate and distinct offense. In addition to the fines established by this paragraph, repeated violations of this Ordinance by a person who owns, manages, operates or otherwise controls a business subject to this Ordinance may, subject to all procedural protections set forth in the City Code, result in the suspension or revocation of any occupancy permit or business license issued to a business where the repeated violations occurred. Repeated violations of this Ordinance are additionally hereby declared to be a public nuisance, which may be abated by the City by restraining order, preliminary and permanent injunction, or other means provided for by the laws of this State. The foregoing notwithstanding, every effort shall be made to bring the business into voluntary compliance with the terms of this Ordinance prior to the issuance of any citation. For the purposes of Paragraph 2 of this Ordinance, “person” shall be defined as any individual associated with the business who has the control or authority and ability to enforce the social distancing requirements of the Ordinance within the business, such as an owner, manager or supervisor. “Person” may also include an employee or other designee that is present at the business but does not have the title of manager, supervisor, etc., but has the authority and ability to ensure that the requirements of this Ordinance are met while the business is open to the public.

 

  1. Should any provision, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, paragraphs, sentences, or words of this Ordinance as hereby adopted shall remain in full force and effect.

 

  1. This Ordinance is effective as of 6:00 a.m., Wednesday, July 1, 2020.

 

  1. This Emergency Ordinance may be terminated by the enactment of another ordinance terminating same; and if not terminated sooner shall expire automatically as of the sixty-first day following the date of enactment.

IMPORTANT LINKS 

 

PRESS RELEASES (LISTED BY DATE)

 FOR IMMEDIATE RELEASE (06/29/20)

Due to the continuing rise in COVID-19 cases, Walterboro City Council and Colleton County Council held an Emergency Joint Council Meeting on Monday, June 29th and passed Emergency Ordinances requiring face coverings or masks be worn in public places and public buildings. The ordinances will be effective beginning Wednesday, July 1st at 6:00 AM in the City of Walterboro and unincorporated Colleton County.   

Ordinance # 2020-06

  1. All persons entering a commercial establishment in the City and unincorporated Colleton County must wear a face covering while inside the establishment. This paragraph does not apply to religious establishments. However, the use of face coverings is recommended during religious activities as well.

 

  1. All restaurants, retail stores, salons, barber shops, grocery stores, and pharmacies in the City and unincorporated Colleton County must require their employees to wear a face covering at all times while having face to face interaction with the public.

 

  1. Any person who is unable to safely wear a face covering due to age, an underlying health condition, or is unable to remove the face covering without the assistance of others is exempt from this Ordinance.

 

  1. Face coverings are not required in the following circumstances:

 

  1. In personal vehicles.
  2. When a person is alone in enclosed spaces; during outdoor physical activity,

provided the active person maintains a minimum of six (6) feet from other people at all times.

  1. When a person is alone or only with other household members.
  2. While actively drinking, eating, or smoking.
  3. When wearing a face covering causes or aggravates a health condition.
  4. When wearing a face covering would prevent the receipt of personal services.

 

  1. A person who fails to comply with Paragraph 1 of this Ordinance shall be guilty of a civil infraction, punishable by a fine of not more than Twenty-five Dollars ($25.00).
  2. A person who fails to comply with Paragraph 2 of this Ordinance shall be guilty of a civil infraction, punishable by a fine of not more than One-hundred Dollars ($100.00).

 FOR IMMEDIATE RELEASE (05/13/20)

            The City of Walterboro Parks Department has been working diligently on clearing all City parks and the Walterboro Wildlife Sanctuary of storm debris. Due to the extensive damage to several of our park locations, safety issues and COVID-19 restrictions have delayed their re-opening. We are excited to announce that we will be re-opening all of our parks, excluding the Sankey D. Maree Park which sustained the most damage from the April 13 tornado.   For now, the parks’ playgrounds will remain closed.  Limited parts of the Walterboro Wildlife Sanctuary will also re-open including the pathway from Washington Street to Detreville Road and the Hartzog trail.

Parks to Re-Open May 14th

  • Forest Hills Tennis Center (772 Ireland Hills Drive)
  • Pinckney Park (505 Hampton Street)
  • Gladys-Whidden Park (215 Lakeside Drive)
  • Shaniyah Burden Memorial Park (207 McDaniel Street)
  • Mayfield Terrace Park (652 Dowling Avenue)
  • Walterboro Wildlife Sanctuary (Washington Street to Detreville Road)

We ask that while visiting any of these parks that you remember to exercise caution, use proper hygiene and continue to follow the social distancing guidelines as mandated by the Governor’s orders.

FOR IMMEDIATE RELEASE (05/05/20)

The City of Walterboro wants to continue to assist our local restaurants through these difficult times that the COVID-19 pandemic has delivered to our City, State, and Nation.

As many of you know, the Governor has partially lifted on-premises dining restrictions, allowing outdoor dining with some spacing and size regulations.

  • For existing approved outdoor seating areas:
    • Tables are to be spaced a minimum of 8 feet from each other (measured from all edges of the table)
    • Limit tables groups to eight people
    • Eliminate gatherings in the building when entering or exiting outdoor seating areas.
    • Maintain strict social/physical distancing guidelines
    • Tables, chairs, and seats should be sanitized after every customer
  • If open areas and/or temporary tents are utilized by existing, permitted restaurants, all sides of the tent must be open, and the following conditions are required:
    • Tables are to be spaced a minimum of 8 feet from each other (measured from all edges of the table)
    • Table groups are to be limited to eight people
    • State approved fire extinguisher within 75 feet.
    • Minimum of 7-foot-6-inch head room (ceiling height)
    • Maintain strict social/physical distancing guidelines
    • Tables, chairs, and seats should be sanitized after every customer

If a restaurant has previously not had outdoor dining and would like to set up a temporary solution, we will allow the utilization of grounds and parking spaces without an official permitting process as long as the above guidelines are followed.  We encourage local restaurants to take advantage of this allowance while remaining vigilant about safety.

The City is launching a trial program for Downtown (East Washington Street) restaurants through Saturday May 16th.  During this period, these restaurants are permitted to utilize the fronting sidewalk and parking spaces adjacent to their establishment for sit-down dining, provided that they leave room for pedestrian traffic on the sidewalk.  Please be reminded that South Carolina laws regulating the off-premises sale of alcoholic beverages still applies.  Please note that properly spaced, seated dining is permitted, but standing, congregating, loitering, and/or gathering into groups is prohibited.  

If you would like assistance in complying, please contact Hank Amundson at 843-782-1004.  

And please continue to tag City of Walterboro Government on your Facebook or Twitter posts so we can help spread the word for your business.

 

FOR IMMEDIATE RELEASE (04/02/20)

PUBLIC NOTICE

The April 7, 2020, Walterboro City Council Meeting is cancelled due to COVID-19. Depending on the duration of the COVID-19 public health crisis, and to prevent the gathering of more than three (3) people in which social distancing measures cannot be reliably observed, the City of Walterboro may conduct future meetings of Council by telephone or other electronic means.         

 

FOR IMMEDIATE RELEASE (04/01/20)

Check out our latest update from Mayor Bill Young on COVID-19 on our Facebook https://www.facebook.com/cityofwalterboro/

PSA City of Walterboro, Town of Edisto Beach, and Colleton County https://youtu.be/klcC7ldOJmQ 

Closure of Forest Hills Tennis Center

Pursuant to Governor McMaster’s recent executive order regarding the closure of all recreational and athletic facilities, the Forest Hills Tennis Center will be joining the 5 other City Park closures.

  • Forest Hills Tennis Center (772 Ireland Hills Drive)
  • Pinckney Park (505 Hampton Street)
  • Gladys-Whidden Park (215 Lakeside Drive)
  • Shaniyah Burden Memorial Park (207 McDaniel Street)
  • Sankey D. Maree Park (211 Gruber Street)
  • Mayfield Terrace Park (652 Dowling Avenue)

The Walterboro Wildlife Sanctuary will remain open. We ask that while visiting the Wildlife Sanctuary that you use proper hygiene, remember to practice social distancing, maintain a 6ft space between visitors, and no gatherings of groups larger than 3.

FOR IMMEDIATE RELEASE (03/31/20)

Closure of City Parks

In the progression of COVID-19, effective immediately all City Parks will be closed:

  • Pinckney Park (505 Hampton Street)
  • Gladys-Whidden Park (215 Lakeside Drive)
  • Shaniyah Burden Memorial Park (207 McDaniel Street)
  • Sankey D. Maree Park (211 Gruber Street)
  • Mayfield Terrace Park (652 Dowling Avenue)

The Tennis Court (772 Ireland Hills Drive) and the Walterboro Wildlife Sanctuary will remain open. Although these areas will still be open, please remember to practice social distancing, maintain a 6ft space between visitors, and no gatherings of groups larger than 3.

 

FOR IMMEDIATE RELEASE (03/27/20)

The Mayor and City Staff are working all day, every day, to be as prepared and equipped as possible to best serve our citizens and businesses throughout this COVID-19 event. We have coordinated with local Grocery Stores to establish Senior Shopping Hours in order to more safely serve our Seniors and Vulnerable Adults.

Additionally, as we see some people not properly practicing Social Distancing and other proper measures, this Declaration may serve a way to further highlight that this situation is real, serious, and deserving of our full attention.

The City implores you to please follow CDC guidelines on proper hygiene practices, social distancing and group gathering sizes.

What does a State of Emergency mean for the City of Walterboro:

Recognizes that we are entering the acceleration phase of the virus and although there is only one confirmed case at this time, that number is likely to grow.
Intended to help slow the spread of the COVID-19 virus and encourages joint efforts from business and residents to follow the recommendations from the CDC.
Encourages our citizens to stay home and to make only necessary public outings.
Establishes Emergency Criteria for emergency City Council meetings.
Establishes alternative responses to calls and services for city personnel and our first responders.
Supports our joint efforts with other municipalities in the area who have also declared a State of Emergency.

What the State of Emergency does NOT mean:

There is no curfew set in place at this time.
There is no order to shelter in place set at this time.
Not an order to close businesses.

This declaration is to ensure that our residents and visitors aretaking heed to all the CDC guidelines and orders placed by Governor McMaster.

“Our behavior and compliance with guidelines matter. It will help “Flatten the Curve” and keep the level to which COVID-19 affects Walterboro to a minimum. We are all in this together and if we all support each other, including our businesses that are being affected daily, we will all get through this together.”

 


FOR IMMEDIATE RELEASE (03/26/20)

 In an attempt to protect our citizens and our personnel amid the COVID-19 crisis, the Walterboro Police Department and Colleton County Sheriff’s Office will be moving into the third tier of modified operations.  This change is in continued support of the emergency declarations from both President Trump and Governor McMaster and based on collaborative recommendations from all Essential Support personnel with the Colleton County Fire Rescue Emergency Management.

Until further notice, officers and deputies will be responding to complaints of non-emergency incidents that have occurred in the past with a telephone call to the complainant.  Incident reports will still be written and follow-up investigations, where necessary, will still occur.  Examples of calls that are likely to receive a phone call response are thefts or vandalisms that have already occurred.

 The Walterboro Police Department and the Sheriff’s Office Law Enforcement Center will be closed to in-person lobby services until further notice. 

 The Walterboro Police Department and the Colleton County Sheriff’s Office will continue to ensure the safety of our citizens and our community.  This alternative plan will in no way inhibit proactive patrolling and rapid response to emergency situations.

 The procedure for citizens remains unchanged.  Always call 911 if there is an emergency.  If it is a non-emergency, please call the Colleton County Dispatch Center as 843-549-2211.

 

FOR IMMEDIATE RELEASE (03/26/20)

Enacting Senior/Vulnerable Adult Hour for local Grocery Stores

The City of Walterboro will continue to assist local businesses and residents during this time. Mayor Young has worked diligently with local grocery stores to establish a Senior/Vulnerable Adult Hour. Effective, Friday, March 27, 2020, this hour will be observed as the first hour the store is open. For example, Bi-Lo has enacted their hour from 8:00 AM – 9:00 AM. This will allow our seniors or adults with risk factors, such as auto-immune disorders, to shop with less traffic inside.

               Upon this declaration, the City of Walterboro will be helping our local stores by posting flyers with senior hours and store hours. We ask that residents continue to do their part to help vulnerable community members during this time. We will be posting updates on small businesses on social media during this time to help the lines of communication remain strong.

Below is a list of participating stores:

PARTCIPATING STORE

DAYS

SENIOR/VULNERABLE HOUR

Walmart

Tuesday-Thursday

6:00 AM- 7:00 AM

Foodland

Everyday

7:00 AM- 8:00 AM

H&D Super Market

Everyday

7:00 AM- 8:00 AM

Piggly Wiggly

Everyday

7:00 AM- 8:00 AM

IGA

Everyday

7:00 AM- 8:00 AM

Bi-Lo

Everyday

8:00 AM- 9:00 PM

 Mayor Young requests for the citizens of Walterboro to follow the guidelines established by the Centers for Disease Control (CDC) to include practicing good hygiene (washing hands, especially after touching any frequently used item or surface), observing social distancing measures, avoiding any unnecessary travel and we are urging people to stay home and only make those public outings that are absolutely necessary.

 

FOR IMMEDIATE RELEASE (03/25/20)

Mayor Bill Young has declared an official State of Emergency for the City of Walterboro to help safeguard against the spread of COVID-19.  

IMPORTANT LINKS (03/18/20)

FOR IMMEDIATE RELEASE (03/17/20)

The City of Walterboro is announcing a series of closures effective immediately:

  • City Hall and the Citizen Services Center will not be open to the public starting 8:00 AM, Tuesday, March 17th and will be limited to accepting water bill payments, permit applications and business license payments at the drive-thru window at the Citizen Services Center at 300 Hampton Street.
  • For any water bill or business license questions, please call (843) 782-1065. For all building permit applications or garbage collection inquiries, please call (843) 782-1002. 
  • Customers can also pay water bills at the night drop box and by phone by calling 1-888-604-7888 (plc #8273).
  • Online services will also be offered at the City’s website, walterborosc.org.
  • Water service will not be shut off for non-payment during the State of Emergency.
  • All municipal court proceedings, including jury trials are postponed until further notice. Please call municipal court at (843) 782-1057 with any questions.
  • The Walterboro Wildlife Center and the Walterboro Welcome Center will also be closed to the public until further notice.
  • Trash pickup and yard debris collection will continue as scheduled.
  • Police and fire service will continue to operate normally with no reduction in services.

 

FOR IMMEDIATE RELEASE (03/16/20)

After consultation with the members of Walterboro City Council and city staff, Mayor Bill Young has issued the following statement: Because of the COVID – 19 out-break we will be postponing upcoming events in the City of Walterboro. These events that we look forward to and enjoy can now make us sick. 

Slowing the spread of this virus will hasten the time when we will be able to return to our normal lives and restore economic activity. These actions will help protect us all, especially the elderly and the most vulnerable among us. We should understand that if we have large numbers of people get ill at the same time, everyone may not be able to get the medical care that they need. Postponing these events will save lives.

Dr. Deborah Birx with the Coronavirus Task Force stated that everyone with any kind of respiratory illness should assume that it is contagious and avoid contact with others and also that a negative Covid-19 test today does not mean that you will continue to be virus free in the future.

Events being postponed include: The WHAM Festival, all Rice Festival Events, Charleston Jazz, Tour de Lowcountry, Walterboro Downtown Criterium, as well as April and May’s First Thursday Events.

New dates for these events will be announced soon.

Additionally, this morning the Center for Disease Control recommended that ALL other events of 50 people or more be canceled for the next two months.

To assist our small businesses, I’m asking city staff to gather information on federal assistance, and make that information available to those businesses needing to seek help during this national emergency.

You are encouraged to continue to wash your hands, cough into your elbow, practice social distancing, avoid unnecessary public outings, and stay home if you are sick. Together we will get through this pandemic.

FOR IMMEDIATE RELEASE (03/13/20)

The City of Walterboro has been monitoring the Coronavirus known as COVID-19 that has been progressing throughout South Carolina, with our concentration on Walterboro and Colleton County. Mayor Young, along with City Officials, have been attending and monitoring all Emergency Management meetings and releases regarding COVID-19 from both a state and local level.

We want our residents to know that we as a City are taking precautionary measures to stay on top of the possible spread of this virus in our area. We will continue to monitor the situation closely and will keep you informed of any event closures or special restrictions on businesses.

We encourage you to go out and support the local restaurants and other small business while practicing proper hygienic measures. These small businesses that we all cherish, need us now more than ever.  All our restaurants offer both dine-in and take-out service.

Below is a list of important links and ways to follow all developing COVID-19 information:

 

CONTACT: Amye Stivender, PIO                                                                                                          

PHONE: 843-782-1008 (office)

               843-898-1162 (cell)

EMAIL: Astivender@walterborosc.org

Historic Preservation Commission

Section 10.5 Historic Preservation Commission (HPC)

10.5.1 Membership

A. The Historic Preservation Commission shall consist of five (5) qualified members, who shall be appointed by City Council from the following fields or areas:

  1. architecture
  2. history or history education
  3. engineering or construction industry
  4. at large
  5. at large

B. While any and all citizens of the City of Walterboro are encouraged to participate, those with a specific interest in historical preservation, architecture, and/or education will be given first consideration.  Should a professional from the noted fields not be available to serve, City Council may appoint the next most qualified individuals.  City residents shall be considered first for positions on the Historic Preservation Commission.  Should a qualified city resident not be available to serve under any of the categories, City Council may appoint a non-city resident. 

C. None of the members may hold any other public office or position in the City. 

D. Members shall serve a term of two (2) years.  Terms shall be staggered, so that the terms of three (3) members shall expire in each odd-numbered year, and terms of two (2) members shall expire in each even-numbered year.

E. Members shall serve until their successors are appointed and qualified.

F. A member who replaces another member in mid-term shall serve out the remainder of the term.  Commission members may be appointed to succeed themselves.

G. Newly appointed members shall have voting privileges beginning with the first regular meeting after their appointment. 

H. Members may be removed at any time by City Council. 

I. Members shall serve without compensation.  Reimbursement for actual expenses incurred in the performance of official duties may be reimbursed from budgeted funds pursuant to reimbursement policies and procedures for employees of the City with prior authorization of the City Manager.

10.5.2 Procedures

A. As required by SC Code Section 6-29-870 (D), the Commission shall:

  1. Hold an annual organization meeting and shall elect a chair and vice-chair from among its members, each of whom shall serve for one year or until he/she is re-elected or his/her successor is elected and qualified;
  2. Appoint a secretary, who may be a City employee designated for this purpose by the City Manager.
  3. Adopt rules of procedure in accordance with the laws of the State of SC; and the Code of Ordinances of the City of Walterboro.
  4. Keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating that fact;
  5. Keep records of its examinations and other official actions, all of which immediately shall be filed at City Hall and shall be maintained as public record; and
  6. the chair or, in the absence of the chair, the vice chair may administer oaths and compel the attendance of witnesses by subpoena.

B. Meetings of the Commission shall be held monthly if there is business before the Commission.  Additional meetings may be held at the call of the chairman and at such other times as the Commission may determine.  A quorum, consisting of a majority of the seated members of the Commission, must be present for the conduct of business.

C. Commission members need to have appropriate knowledge and understanding of historical preservation issues.

10.5.3 Powers & Duties

The Historic Preservation Commission shall promote the purposes and objectives of this Ordinance by exercising the following powers and functions.

10.5.3.1 General

Generally the Historic Preservation Commission may:

A. Review and recommend to the Planning Commission and City Council the designation of individual historic properties or districts for inclusion in the Historic Overlay through the map amendment procedures outlines in Chapter 14 of this Ordinance;

B. Review plans and applications, as hereinafter provided, for all exterior modification visible from the street, to structures and all new construction within the areas regulated by this Ordinance.

C. Review and approve, approve with modification, or deny approval for such plans and applications to the Commission, in accordance with the prescribed procedures and guidelines;

D. Any recommended design guidelines to be utilized by the Commission in the fulfillment of their responsibilities must be approved by City Council;

E. Delegate its decision making authority to City Staff to approve, approve with conditions, or deny, in whole or in part, applications for a Certificate of Appropriateness;

F. Define the procedures for such delegated authority in its by-laws issuing a Certificate of Appropriateness;

G. Take steps to encourage or bring about the preservation of cultural Resources;

H. As directed by the City Council, review and comment on land use, housing, redevelopment and other types of planning and programs undertaken by any agency of the City, the county or state as they relate to the Cultural Resources of the City;

I. Recommend to the City Council the purchase of fee or less-than-fee interests in property for purposes of historic preservation;

J. Accept preservation easements on behalf of the City for the preservation of Cultural Resources, including the interior of privately-owned buildings or structures;

K. Investigate and report to the City Council on the use of various federal, state, local or private funding sources and mechanisms available to promote historic preservation;

L. Promote the preservation and historic character of Cultural Resources, Historic Landmarks and Buildings or Structures in Historic Districts;

M. As directed by the City Council, cooperate with local, county, state and federal governments in the pursuit of the objectives of historic preservation;

N. Identify and report to City Staff any observations of benign neglect of any Cultural Resources, Historic Landmarks and Buildings or Structures in Historic Districts;

O. Participate in, promote and conduct public information, education and interpretive programs pertaining to Cultural Resources;

P. Perform any other functions requested by the City Council; and

10.5.3.2 Historic Resources Inventory

The Historic Preservation Commission shall:

A. Establish and maintain a list of those Cultural Resources determined by the Commission as being historically significant.  The Commission shall also publicize and periodically update this Historic Resources Inventory. 

B. Give notice to the owner of the property being considered for inclusion on the Inventory, and if included, mailed notice of the decision shall be provided to said owner.  Appeal to the City Council by any party may be filed within 10 days of said notice.

10.5.3.3 Historic Designation

A. Criteria for Designation

The Historic Preservation Commission shall prepare a local inventory of buildings, structures, objects, cultural resources and sites more that fifty (50) years old or of special significance and make recommendations for historic designation to the City Council based on the following criteria:

1. A Cultural Resource may be designated a Historic Landmark if it:

a. Has significant inherent character, interest, or value as part of the development or heritage of the community, state, or nation;

b. Is the site of an event significant in history;

c. Is associated with a person or persons who contributed significantly to the culture and development of the community, state, or nation;

d. Exemplifies the cultural, political, economic, social, ethnic, aesthetic, engineering, architectural or historic heritage of the community, state, or nation;

e. Individually, or as a collection of resources, embodies distinguishing characteristics of type, style, period, or specimen in architecture or engineering;

f. Is the work of an architect/designer or master craftsmen whose work has influenced significantly the development of the community, state, or nation;

g. Contains elements of design, detail, materials, or craftsmanship which represents a community;

h. Represents an established and familiar visual feature of the neighborhood or community;

I. Is one of the few remaining examples in the city, region, state or nation possessing distinguishing characteristics of an architectural or historical type or specimen; and

j. Has yielded, or may be likely to yield, information important to prehistory or history.

2. A group of Cultural Resources may be designated by the City Council upon the recommendation of the Commission as a Historic District if: 

a. The majority of the properties reflect significant geographical patterns, including those associated with different eras of settlement and growth, particular transportation modes or distinctive examples of park or community planning; or

b. The majority of the properties convey a sense of historic or architectural cohesiveness through their design, setting, materials, workmanship or association; or

c. The majority of the properties have historic significance and retain a high degree of integrity; or

d. The area in general is associated with a historically significant period in the development of the community or is associated with special historical events; or

e. The majority of the properties embody distinctive significance characteristics of a style, type, period or method of construction, or are a valuable example of the use of indigenous materials or craftsmanship; or

f. The majority of the properties represent the works of notable builders, designers, or architects.

B. Designation Nomination

1. A Historic Landmark or Historic District may be nominated by the City Council, the Historic Preservation Commission, the Planning Commission, the owner of the building(s) or structure(s) to be designated or by an established community-based organization whose purpose is to promote historic preservation. 

a. Any Nomination for a Historic Landmark or a Historic District must initially be brought before the Historic Preservation Commission. 

b. The Historic Preservation Commission will present the findings to the Planning Commission and City Council regarding the designation of individual historic properties or districts for inclusion in the Historic Overlay through the map amendment procedures outlined in Chapter 14 of this Ordinance;

2. No city permits shall be issued for any reason while a Historic Landmark or Historic District Nomination is pending, except for ordinary maintenance and repair that does not diminish the integrity of the Cultural Resource.

C. Notification

1. Notice of the date, time, place and purpose of the hearing before the Commission shall be given in a newspaper of general circulation not less than 10 days nor more than 30 days prior to the date of the hearing.

2. For a Historic Landmark, a Nomination Notice shall be mailed to the owner(s) of the property being considered and to property owners within a 300 foot radius of the Nominated Resource, not less than 10 days prior to the hearing date.

3. For a Historic district, a Nomination Notice shall be  mailed to the owner(s) of property within the potential Historic District, not less than 10 days prior to the hearing date. 

D. Designation Hearing

The Commission shall hold a public hearing to discuss the matter.  If the Commission votes in support of a Historic Landmark or Historic District designation at the hearing, it shall forward a recommendation to the City Council for the designation of the Nominated Resource(s) as a Historic Landmark or Historic District based on the criteria set forth in this Section and the facts presented in connection with the application.

E. Designation Resolution

1. A Historic Landmark or Historic District shall be designated by a numbered resolution of the City Council.  The  Council shall consider the facts and findings submitted in the Commission's recommendation. 

2. Each such designating resolution shall include a description of the characteristics of the Historic Landmark or Historic District which justify its designation, a description of the key features that should be preserved, a description of the location and boundaries of the Historic Landmark or Historic District (including assessor parcel numbers) and a map.  A list of all Contributing Resources in a Historic district shall be included with the designation resolution.

F. Notice of Action

1. Staff shall transmit a notice of the resolution to the owner(s) of the designated Cultural Resource.

2. Staff shall also cause a copy of the designating resolution to be recorded in the office of the Register of Deeds.

3. Notice of the designation shall also be transmitted to the departments of Planning and Codes, Public Safety, Public Works, the Assessor and the Recorder of Colleton County, and any other interested departments and governmental and civic agencies.

4. Each city department and division shall incorporate the notice of designation into its records, so that future decisions regarding or affecting any Historic Landmark or Historic District will have been made with the knowledge of the designation, and in accordance with the procedures set forth in this Section.

5. The Planning Department shall be responsible for keeping records of all Historic Landmark and Historic District designations. 

G. Repeal or Amendment of Designation

The City Council, after recommendation of the Commission, shall consider a repeal or amendment of a previously approved Historic Landmark, Historic District or Contributing Resource in a Historic District designation in the same manner provided by this Section for the designation of the Historic Landmark, Historic District or Contributing Resource if it no longer meets the designation criteria. 

10.5.3.4 Design Review

A. Approve, approve with conditions or deny applications for a Certificate of Appropriateness as provided for in Section 11.5.

B. Prepare and recommend for City Council approval design guidelines for the review of an application for a Certificate of Appropriateness.

C. Act as an advisory body to the Planning Commission on design review actions that are final with the Planning Commission and do not require a Certificate of Appropriateness, but which involve Historic or Cultural Resources.

D. Act as an advisory body to the City Council and provide comments on the impacts of proposed work for any proposed project which requires special considerations [pursuant to Section 106 of the National Historic Preservation Act of 1966, as amended.] 

NOTE:  Section 106 (16 U.S.C. 470f) The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State and the head of any Federal department or independent agency having authority to license any undertaking shall, prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the issuance of any license, as the case may be, take into account the effect of the undertaking on any district, site, building, structure, or object that is included in or eligible for inclusion in the National Register.  The head of any such Federal agency shall afford the Advisory Council on Historic Preservation established under Title II of this Act a reasonable opportunity to comment with regard to such undertaking. 

E. Render advice and guidance, upon the request of the property owner or occupant, on new construction or on the restoration, alteration, decoration, or maintenance of any Cultural Resource. 

 

Historic Preservation Overlay

Certificate of Appropriateness Application

Historic Design Requirements

Local Inventory-National Register of Historic Places Inventory  

National Register Plaque/Certificate Order Form  

 

Repeats every month on the third Monday until Mon Dec 21 2020.
July 20, 2020

Members

Sherry Cawley
Chair
Scott Cook
Mary Corbett
Molly Watkins
Lucille Powers