Chapter 8 - BUILDINGS AND BUILDING REGULATIONS
Part of the Code of Ordinances of Ridgeland, SC.
The text
ARTICLE I. - IN GENERAL#
Secs. 8-1—8-18. - Reserved.#
ARTICLE II. - BUILDING REGULATIONS#
DIVISION 1. - GENERALLY#
Secs. 8-19—8-39. - Reserved.#
DIVISION 2. - BUILDING CODES#
Sec. 8-40. - International Building and Technical Codes adopted.#
(a)
The following nationally-recognized codes, latest editions and amendments, copies of which are on file in the office of the building inspector, are adopted and incorporated as fully as if set forth in length in this article; the provisions therein shall be controlling in the building, use, maintenance and occupancy of all structures within the town:
(1)
The International Building Code, published by the International Code Council.
(2)
The International Plumbing Code, published by the International Code Council.
(3)
The International Mechanical Code, published by the International Code Council.
(4)
The International Fire Code, published by the International Code Council.
(5)
National Electrical Code, published by the National Fire Protection Association.
(6)
The International Property Maintenance Code as published by the International Code Council with South Carolina Modifications; the following sections are hereby revised:
a.
Section 302.4 — insert the words "ten inches".
b.
Section 103.5 is deleted.
c.
Section 112.4 — insert "Misdemeanor offense", insert "$1,000 + assessments", insert "30 days".
d.
Section 304.14 — insert "April 1", insert "May 1".
e.
Section 602.3 — insert "October 1", insert May 1".
f.
Section 602.4 — insert "October 1", insert "May 1".
(b)
The above, referred to collectively as the building codes, are for use and enforcement within the jurisdiction of the town.
(c)
Within such codes, when reference is made to duties of certain officials named therein, that designated official of the town who has duties corresponding to those of the named official in such codes shall be deemed to be the responsible official insofar as enforcing the codes is concerned.
(d)
The town council may adopt such rules and regulations it deems necessary to implement this section.
(e)
However, the provisions of the codes referenced in this section which concern the qualification, removal, dismissal, duties, responsibilities of, and the administrative procedures for all building officials, deputy building officials, chief inspectors, other inspectors, and assistants do not apply, unless previously adopted, or adopted in the future, by the town council.
(Code 1995, § 15.04.020; Code 2006, § 150.02; Ord. of 3-16-1995; Ord. No. 06-02, 5-16-2002; Ord. No. 04-08, 2-21-2008; Ord. No. 08-2009, 6-4-2009; Ord. No. 02-2017, §§ (1), (3), (4), 3-16-2017)
Sec. 8-41. - Appointment of the building inspector.#
The town administrator shall appoint the town building inspector. His term of office shall continue until a replacement is appointed.
(Code 1995, § 15.04.030; Code 2006, § 150.03; Ord. of 3-16-1995; Ord. No. 08-2009, 6-4-2009)
Sec. 8-42. - Interference with the building inspector.#
The building inspector shall have access to all construction projects. It is unlawful to interfere with the building inspector while in the performance of his official duties.
(Code 1995, § 15.04.040; Code 2006, § 150.04; Ord. of 3-16-1995)
Sec. 8-43. - Construction without a permit.#
It is unlawful for anyone to begin construction or repairs of any structure without first obtaining a zoning permit and a building permit from the town.
(Code 1995, § 15.04.050; Code 2006, § 150.05; Ord. of 3-16-1995; Ord. No. 08-2009, 6-4-2009)
Sec. 8-44. - Denial of permits.#
The town will not issue building, sign or zoning permits, or certificates of occupancy, to any applicant when the property in question is in violation of this Code. In the case of a building permit, an exception will be made if the purpose of such permit will include repairs to correct existing Code violations, however, the certificate of occupancy will not be issued until all Code violations are resolved.
(Ord. No. 01-2010, § 150.06, 1-21-2010)
Sec. 8-45. - Penalty.#
Any person violating any provisions of this article shall be deemed guilty of a misdemeanor offense and shall be subject to the penalties outlined in section 1-14. Each day the violation continues shall be considered a separate offense. Punishment for the violation shall not relieve the offender of the proper requirements for permits, inspections and occupancy permits.
(Ord. No. 02-2017, § (2), 3-16-2017)
Sec. 8-46. - Fee calculation.#
(a)
The calculation of fees for building permits is as follows:
Value of construction x 0.0065 = permit fee
(b)
The calculation of fees for building permits for solar farms is as follows:
(First $5,000,000.00 of construction x $0.0075 + $1.00 for each additional $1,000.00) x 50% = solar farm building permit fee
(Ord. No. 05-08, 2-21-2008; Ord. No. 15-2016, 11-28-2016)
Secs. 8-47—8-63. - Reserved.#
DIVISION 3. - MAINTENANCE OF COMMERCIAL BUILDINGS AND STRUCTURES#
Sec. 8-64. - Definitions.#
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Except as specifically defined herein, the words and phrases used in this division shall have their customary meanings, as defined in a standard dictionary.
Abandoned motor vehicle means any motor vehicle or component thereof in public view not licensed for the current year, or any vehicle with exterior body panels removed, or any vehicle with one or more tires not inflated or removed. Vehicles at authorized repair facilities that are actually undergoing repairs are exempt from this definition for a period not to exceed 30 days. Also, any other vehicle is exempt from this definition if all tires are installed and inflated and when the vehicle is totally covered with a vehicle cover specifically designed for this purpose or any vehicle is not visible from any right-of-way or other public property.
Accessory structure means a structure, the use of which is incidental to that of the main building and which is attached thereto or located on the same premises.
Building means any structure designed for permanent or continuous occupancy for public use, institutional, business or storage purposes, including occupied and unoccupied structures.
Building code means the standard building codes published by the International Code Council, as amended from time to time.
Building of historical value means a building within the town which is listed on the National Register, or constituting significance to the general citizenry of the town due to age, architectural design or human occurrence.
Commercial business means any business or enterprise which offers for sale goods or services or which, in any manner, conducts commerce within the town limits.
Deterioration means the condition of a building or part thereof characterized by holes, breaks, rot, crumbling, rusting, peeling paint or other evidence of physical decay.
Fire hazard means any thing or act which increases, or may cause an increase of the hazard or menace of fire to a greater degree than reasonable for the conduct of the commercial business on the premises, or which may unreasonably obstruct, delay or hinder, or may reasonably become the cause of an obstruction, a delay, a hazard or an unreasonable hindrance to the prevention, suppression or extinguishment of a fire.
Fire marshal means the fire chief for the fire department of the town.
Mixed occupancy means any building that is used for two or more occupancies classified by different occupancy use groups.
Nuisance means: (1)
Any public nuisance known at common law or in equity jurisprudence, or as provided by the statutes of the state, or any ordinance of the town;
(2)
Any condition, including an attractive nuisance, which may prove detrimental to human health or safety, whether in a building, or on the premises of a building, part of a building or upon an unoccupied lot;
(3)
Any physical condition dangerous to human life or detrimental to the health of persons in or near the premises where the condition exists;
(4)
Unsanitary conditions or conditions that are dangerous to public health, well-being or the general welfare; including, but not limited to, portable garbage carts (with wheels) that are placed in public view prior to 6:00 p.m. on the day before collection, or still in public view after 10:00 a.m. on the day after collection;
(5)
Any grass or weeds on private property not planted for ornamental purposes exceeding 12 inches in height;
(6)
Any abandoned motor vehicle;
(7)
Any condition in which interior appliances or interior furniture items are placed on the exterior and visible from a public right-of-way or adjacent property.
Occupant means any person who has charge, care or control of premises or a part thereof, whether with or without the knowledge and consent of the owner, or any person, individually or jointly, entitled to possession regardless of whether the premises are actually occupied or not.
Ordinance administrator means the town administrator, or his designated representative, or any other person appointed as such by the town council.
Plumbing means all of the following supplies, facilities, and equipment: gas pipes, gas burning equipment, water pipes, water heaters, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, vents, and other similar fixtures, together with all connections to water, sewer or gas lines, and water pipes and lines utilized in conjunction with air conditioning equipment.
Premises means a lot, plot or parcel of land, including the buildings or structures thereon, under control by the same owner or operator, devoted to or zoned for commercial use, together with all adjacent land.
Sanitary sewer means any sanitary sewer owned, operated and maintained by the town and available for public use for the disposal of sewage.
Sewage means waste from a flush toilet, bathtub, sink, lavatory, dishwashing or laundry machine, or water carried waste from any other fixture of equipment or machine.
Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor next-above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the upper surface of the roof above. If the finished ceiling level directly above a basement or cellar is more than four feet, six inches above grade, the basement or cellar shall be considered a story.
Structure means anything constructed or erected which requires a fixed location on the ground, or in the ground, or attached to something having a fixed location on or in the ground.
Unsafe building means any building or structure that has any of the following conditions, such that the life, health, property or safety of its occupants or the general public are endangered: (1)
The building, structure or portion thereof as a result of decay, deterioration or dilapidation is likely to fully or partially collapse;
(2)
Any building, structure or portion thereof that is in such a condition as to constitute a public nuisance;
(3)
Any building, structure or portion thereof that is unsafe or which constitutes a fire hazard, or is otherwise dangerous to human life, or constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment.
Washrooms means enclosed spaces containing one or more bathtubs, showers, or both, and which also shall include toilets, lavatories or fixtures serving similar purposes.
(Code 1995, § 15.08.010; Code 2006, § 150.20; Ord. of 2-17-1994; Ord. No. 08-2009, 6-4-2009; Ord. No. 05-2010, 5-6-2010)
Sec. 8-65. - Purpose.#
It is the purpose of the provisions of this division to provide a just, equitable and practicable method, whereby commercial buildings or structures, which, from any cause, endanger the life, limb, health, property, safety or welfare of the general public or their occupants, diminish property values or detract excessively from the appearance of the commercial area, may be required to be repaired, vacated or demolished. The provisions of this division are cumulative with and in addition to any other remedy provided by law, including the current editions of standard building codes adopted by the town.
(Code 1995, § 15.08.020; Code 2006, § 150.21; Ord. of 2-17-1994)
Sec. 8-66. - Applicability.#
The provisions of this division shall apply to all commercial buildings or structures which are now in existence or which may be built within the town limits or annexed therein and to all lands zoned commercial within the town limits. Multifamily residential buildings are considered commercial buildings for the purposes of this division. Single-family homes used as rental units are considered commercial buildings for the purposes of this division.
(Code 1995, § 15.08.030; Code 2006, § 150.22; Ord. of 2-17-1994; Ord. No. 08-2009, 6-4-2009)
Sec. 8-67. - Compliance.#
The owner of every commercial building or structure and the premises on which it is situated shall comply with the provisions of this article, whether or not the building or structure shall have been constructed, altered or repaired before or after the enactment of the ordinance from which this article is derived, and irrespective of any permits or licenses which shall have been issued for the use or the occupancy of the building, or for the installment or repair of equipment or facilities prior to the effective date of the ordinance from which this article is derived. This article establishes minimum standards for the initial and continual occupancy and use of all such buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building facilities contained therein. Where there is mixed occupancy, any commercial business use therein shall be nevertheless regulated by and subject to the provisions of this article.
(Code 1995, § 15.08.040; Code 2006, § 150.23; Ord. of 2-17-1994)
Sec. 8-68. - Relationship of maintenance standards to occupancy.#
The provisions of this division that apply to the exterior or exterior components of a structure or building shall be complied with whether the building or structure is occupied or vacant. Vacant or unoccupied buildings shall not be made to comply with the interior requirements of this article. All unoccupied or vacant structures or buildings shall be secured by their owners to prevent entry of unauthorized persons or the formation of nuisance conditions such as infestation of animals, including roosting birds.
(Code 1995, § 15.08.050; Code 2006, § 150.24; Ord. of 2-17-1994)
Sec. 8-69. - Higher standards to prevail in case of conflict.#
In any case where the provisions of this division impose a higher or lower standard than set forth in any other ordinance of the town or under the laws of the state, then the higher standard shall prevail.
(Code 1995, § 15.08.060; Code 2006, § 150.25; Ord. of 2-17-1994)
Sec. 8-70. - Standards.#
(a)
All parts of the premises shall be kept in a safe and sanitary condition consistent with the business use. The occupant shall refrain from performing any acts which would render all or parts of the premises unsafe or unsanitary or which would obstruct any adjacent owner/occupant from complying with this article or from maintaining his premises in a safe and sanitary condition. The premises shall be kept free of all hazards to the safety of occupants, customers or other persons utilizing the premises. The premises shall be kept free of all nuisances.
(b)
The exterior of the premises and structure shall be in good repair and free from deterioration so as not to constitute a nuisance.
(c)
All surfaces shall be maintained free of cracked or broken glass, loose shingles, loose wood, crumbling stone or brick, loose or broken plastic or other similar hazardous conditions.
(d)
All structures and decorative elements of building fronts and sides abutting streets shall be repaired or replaced in a workmanlike manner to match as closely as possible the existing materials and construction techniques. Nothing in this subsection shall be construed to mean that a building front or side cannot be replaced in its entirety with a new front or side.
(e)
All floors, interior walls and ceilings of every structure shall be structurally sound and shall be maintained in a condition compatible with its business use and, where open to the public, shall be maintained in a condition so as not to constitute a hazard to the public.
(f)
Structures on the same lot, attached or unattached to the principal commercial structure, which are found by the ordinance administrator to be structurally deficient, shall be properly repaired or demolished.
(g)
All existing miscellaneous elements on building walls and roofs and surrounding premises, such as empty electrical or other conduits, unused sign brackets, and the like, shall be removed.
(h)
All foundation walls shall be kept structurally sound and capable of bearing imposed loads safely.
(i)
All material used to maintain or reconstruct a wall or part thereof, including the application of sidings or other surfacing material, shall be of standard quality and shall be compatible with the existing material.
(j)
Windows shall be kept in good repair, be tightfitting, and have sashes of proper size and design. Sashes with rotten wood, broken joints, or broken or loose mullions or muntins shall be replaced. Broken or missing glass shall be replaced with glass or plexiglass. Where a window glass larger than four square feet becomes cracked to an extent that the largest single portion of the window free of a crack is less than 80 percent of the total surface area of the window glass, the window glass shall be replaced by a pane free of cracks.
(k)
All exterior openings originally designed as windows or doors shall be maintained as windows or doors in good repair unless specifically approved by the fire marshal for closure. Where the fire marshal approves the closure, it must be enclosed as to conform with the other exterior portions of the building. In unoccupied buildings, door and window openings may be secured with properly fitted and maintained plywood panels.
(l)
Roofs shall be maintained to protect the interior from damage and the elements. Missing or damaged roof coverings shall be repaired or replaced with like material. Plastic sheathing may be used as a temporary protective cover for a period not exceeding 60 days.
(m)
All exterior surfaces which require paint or sealing in order to protect the underlying surface from deterioration shall be so painted or sealed.
(n)
All exterior surfaces which have been painted shall be maintained free of peeling and flaking. Where 25 percent or more of the aggregate of any painted surface shall have peeling or flaking or previous paint worn away, the entire surface shall be repainted.
(o)
All advertising structures and awnings and their accompanying supporting members shall be maintained in good repair and shall not constitute a nuisance or safety hazard. All nonoperative signs shall be repaired or shall, with their supporting members, be removed forthwith. In the event the signs, billboards, marquees or awnings are not properly maintained in accordance with the foregoing, they shall, together with their supporting members, be removed forthwith. In the event the awnings or marquees are made of cloth, plastic or of a similar material, the awnings or marquees shall be maintained so as not to show evidence of excessive tearing, ripping, or other holes which diminish their function and cause unsightly conditions. Whenever an advertising structure or awning is removed, all supporting members shall also be removed. Where the supporting members have been left from sign removal prior to the adoption of the ordinance from which this article is derived, the supporting members shall be removed within two years of the adoption of the ordinance from which this article is derived. Nothing herein shall be construed to authorize any encroachments on streets, sidewalk or other parts of the public domain without the written authorization of the town.
(p)
All chimneys, flues and vent attachments thereto shall be maintained structurally sound and free from defects so as to capably perform at all times the functions for which they were designed. Chimneys, flues, gas vents or other draft-producing equipment shall provide sufficient draft to develop the rated output of the connected equipment, and shall be structurally safe, durable, smoke-tight and capable of withstanding the action of flue gases.
(q)
All exterior porches, landings, balconies, stairs and fire escapes shall be provided with banisters or railings properly designed and maintained to comply with the International Building Code.
(r)
All cornices shall be made structurally sound. Rotten or weakened portions shall be removed and/or replaced to match as closely as possible the original patterns.
(s)
All washroom and toilet facilities accessible to the public shall be kept in a dry and sanitary condition at all times. Fixtures shall be maintained in an operable condition. All washrooms and toilet facilities shall be provided with permanently installed artificial lighting fixtures with a switch and wall plate so located and maintained that there is not danger of short circuiting from water from any bathroom facilities or from splashing of water.
(t)
Gutters and downspouts shall be replaced or repaired as necessary and shall be neatly located and securely installed.
(u)
No flammable or combustible liquids as defined by OSHA in excess of quantities needed for the conduct of regular business activities shall be stored or allowed to accumulate on the premises.
(v)
No garbage or solid waste shall be stored or allowed to accumulate on the premises unless contained in covered receptacles. The garbage and waste must be removed at least once per week. It is also unlawful for any person, owner or occupant of any commercial building or property to utilize the premises for the open storage of any abandoned motor vehicles, building rubbish, dilapidated furniture, refrigerators (iceboxes), old appliances, machinery, equipment or other similar items which are wholly or partially rusted, decayed, junked, dismantled, discarded or inoperative unless the storage area is completely enclosed within a structure or screened by natural objects, plantings, opaque fences or other means so as not to be visible from the public right-of-way or adjacent property. Fences shall be constructed and maintained in a workmanlike manner using materials commonly found in fence construction. Salvage and junk yards of whatever nature shall be screened as above.
(w)
Where a parking lot is constructed as part of a commercial business or as a business itself, the parking lot and all curbing, surfacing, sidewalks, and other parts thereof shall be maintained free of broken surfaces, holes or other similar conditions.
(x)
Where landscaping has been incorporated in the development plan of a commercial business, or where landscaping has been required by the town as part of a development plan (including parking plans), the landscaped areas shall be maintained in a manner to equal and reflect the original landscaping approved for the development plan. Dead tree limbs shall be removed. Dead shrubs are to be removed and replaced. Nonornamental grass and weeds are not to exceed a height of one foot.
(y)
Curb cuts which are abandoned due to new construction or a change of access shall be closed and replaced to conform to existing curbs, gutters and sidewalks.
(z)
Damage to public sidewalks and/or curbs and gutters located in the public right-of-way shall be repaired or replaced at no expense to the town when the damage is caused by vehicles making deliveries to the commercial premises under the control of the owner.
(aa)
The premises shall be kept free of rodent infestations and be maintained so as to minimize breeding places for mosquitos, flies and other animals inimical to the public health and welfare.
(Code 1995, § 15.08.070; Code 2006, § 150.26; Ord. of 2-17-1994)
Secs. 8-71—8-98. - Reserved.#
DIVISION 4. - UNSAFE BUILDING ABATEMENT#
Sec. 8-99. - Purpose.#
This division sets forth the procedures to be followed to abate unsafe buildings and structures within the meaning of section 8-64.
(Code 1995, § 15.08.080; Code 2006, § 150.40; Ord. of 2-17-1994)
Sec. 8-100. - Applicability.#
This division applies to all commercial and residential buildings and structures within the corporate limits of the town.
(Code 1995, § 15.08.090; Code 2006, § 150.41; Ord. of 2-17-1994)
Sec. 8-101. - Complaint and investigation.#
Whenever it appears to the ordinance administrator, or one of the department heads of the town or a member of the town council, or whenever a complaint is filed by a resident of the town that a building appears to be unsafe, the ordinance administrator shall conduct an investigation to determine if a basis for the complaint exists. Upon determination that a building/structure is unsafe, the ordinance administrator shall notify the owner in accordance with section 8-131.
(Code 1995, § 15.08.100; Code 2006, § 150.42; Ord. of 2-17-1994)
Sec. 8-102. - Notice to vacate.#
If the building or structure poses an immediate hazard to life or to the safety of the public, it shall be ordered vacated immediately.
(Code 1995, § 15.08.110; Code 2006, § 150.43; Ord. of 2-17-1994)
Sec. 8-103. - Emergency order to demolish.#
(a)
If the building/structure appears to be in imminent danger of collapse, the ordinance administrator shall issue an order requiring demolition of the building/structure within 48 hours of receipt of the order by the owner. This order may be appealed to the town council within that 48-hour period. The town council shall convene as soon as possible after receipt of the appeal and make a final determination upon the order to demolish.
(b)
If the owner cannot be located, the ordinance administrator shall ask the mayor to convene the town council to examine the reasons for the order. Upon confirmation of the order by the town council, the ordinance administrator shall proceed with the demolition. The cost for the demolition shall be filed as a lien against the property upon which the cost was incurred.
(Code 1995, § 15.08.120; Code 2006, § 150.44; Ord. of 2-17-1994; Ord. No. 17-03, 12-4-2003)
Sec. 8-104. - Remediation.#
Once a determination has been made by the ordinance administrator that a building or structure is unsafe, or upon the decision of the town council that a building or structure is unsafe, the ordinance administrator shall issue a written order requiring the owner to take remedial action as follows: (1)
The building or structure may be demolished or repaired at the owner's option. Demolition or repair work shall start within 30 days of the date of receipt of the order by the owner or the release of the building or structure by the insurance company, if applicable. Once repairs are begun, they shall proceed in an expeditious manner and without undue delay.
(2)
When a building is to be demolished by the owner, the following requirements shall be met:
a.
The owner shall obtain a demolition permit from the ordinance administrator;
b.
All sewer, gas, water and similar taps or connections shall be properly closed and disconnected;
c.
Following demolition, all debris from the building or structure shall be removed from the site and the lot shall be graded to a smooth, even, finished grade, free from building material, debris, holes and/or depressions. The owner shall take necessary steps to prevent erosion or the flow of sediment from the premises.
(Code 1995, § 15.08.130; Code 2006, § 150.45; Ord. of 2-17-1994; Ord. No. 17-03, 12-4-2003)
Sec. 8-105. - Historical buildings.#
Buildings of historical value may be granted exemption from this division by the town council. In granting an exemption, the town council must make a finding that the building is a building of historical value to the town and that the owner will repair the building on a timely basis, with commencement not to exceed six months, and that the building will be reconstructed and/or repaired in such a way as to keep the historical character of the building.
(Code 1995, § 15.08.140; Code 2006, § 150.46; Ord. of 2-17-1994; Ord. No. 17-03, 12-4-2003)
Sec. 8-106. - Failure to comply with order.#
If the owner fails to comply with the order to repair, alter, improve, demolish or vacate and close the building/structure, the ordinance administrator may cause the building/structure to be vacated and closed and/or to be repaired, altered, improved or demolished as directed in the order. If the building is ordered to be vacated, a notice shall be posted at each entrance declaring the building to be unsafe and prohibiting its use for any purpose whatsoever.
(Code 1995, § 15.08.150; Code 2006, § 150.47; Ord. of 2-17-1994)
Sec. 8-107. - Lien upon property.#
The cost of the repairs, alterations, improvements, vacating, closing or demolition of the building/structure by the town shall constitute a lien against the real property upon which cost was incurred. Additionally, the town may report the amount of the cost to the state department of revenue under the debt offset provisions of the state statutes.
(Code 1995, § 15.08.160; Code 2006, § 150.48; Ord. of 2-17-1994)
Sec. 8-108. - Nuisance abatement.#
Nothing in this article shall be construed to impair or limit in any way the power of the town to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise.
(Code 1995, § 15.08.170; Code 2006, § 150.49; Ord. of 2-17-1994)
Secs. 8-109—8-129. - Reserved.#
DIVISION 5. - ADMINISTRATION AND ENFORCEMENT#
Sec. 8-130. - Administrator.#
(a)
Appointment and duties.
(1)
The town administrator is appointed as the ordinance administrator. It shall be the duty and responsibility of the ordinance administrator to enforce this article and to legally proceed against each and every person found in violation of the requirements of this article. The town administrator may appoint another individual in the town's employ as his designated representative.
(2)
All inspections, regulations and enforcement of violations of the provisions of this article, unless expressly stated to the contrary, shall be under the direction and supervision of the ordinance administrator.
(b)
Authority to inspect.
(1)
Whenever the ordinance administrator has received a complaint or has reason to believe that a violation of this article may exist, he, or his designated representative, shall have the authority to enter the building or structure or premises for the purpose of conducting an inspection. Prior to entry, the ordinance administrator shall attempt to secure the oral or written permission of the owner or occupant.
(2)
If permission for entry for the purpose of inspections is denied, and no emergency exists, the ordinance administrator shall, after presentation of probable cause, procure a court order from the municipal court judge. In case of an emergency, the ordinance administrator shall request an immediate order from the municipal court.
(Code 1995, §§ 15.08.180, 15.08.190; Code 2006, § 150.60; Ord. of 2-17-1994)
Sec. 8-131. - Notice of violation.#
(a)
Whenever the ordinance administrator, or his designated representative, determines that a violation of this article exists, he shall inform the property owner of the nature of the violation and arrange for an informal meeting to discuss remediation. If the owner cannot be located or should refuse to meet or if no agreement can be reached regarding remediation, the ordinance administrator shall issue to the owner a notice of violation requiring compliance with this article by completing repair or demolition within 30 days from receipt of the notice.
(b)
The notice of violation shall be in writing and it shall be delivered to the owner in person if this can be completed within the town limits. If this is not possible, the notice will be deposited with the U.S. Postal Service, addressed to the owner at his last-known address. The notice shall be sent by certified mail, return receipt requested. Additionally, the notice of violation shall be posted in a conspicuous place on the premises. Where the violation is returned by the U.S. Postal Service as undeliverable, the ordinance administrator shall cause the notice to be published once in a newspaper of general circulation in the town and county. The publication date shall serve as the date the notice is considered delivered to the owner.
(c)
The notice of violation shall advise the owner that failure to comply with the notice of violation will result in a municipal uniform ordinance summons being issued and the matter will be referred to the municipal court.
(Code 1995, § 15.08.200; Code 2006, § 150.61; Ord. of 2-17-1994; Ord. No. 17-03, 12-4-2003)
Sec. 8-132. - Judicial review.#
Any person aggrieved by the enforcement of this article may petition any court of competent jurisdiction within the county. Any such appeal must be filed with the court within 30 days from the date of town's final action on the matter or it shall be considered abandoned.
(Code 2006, § 150.62; Ord. No. 17-03, 12-4-2003)
Sec. 8-133. - Penalty.#
Any person, firm, corporation or agent who shall violate a provision of this article, or, after due notice, shall fail to comply with orders issued by the ordinance administrator under the terms and provisions of this article shall be charged with a misdemeanor and punished, upon conviction, as set forth in section 1-14. Each day a violation of this article exists shall constitute a separate offense.
(Code 2006, § 150.99; Ord. No. 17-03, 12-4-2003)
Secs. 8-134—8-164. - Reserved.#
ARTICLE III. - ARCHITECTURAL REVIEW#
DIVISION 1. - GENERALLY#
Sec. 8-165. - Application.#
All new developments within the town shall be subject to the procedures, standards, and guidelines specified in the sections in this article. These standards are in addition to those standards established in the town Smart Code and/or the town subdivision regulations. Single-family residential buildings which are not part of a subdivision shall be exempt from the provisions of this article.
(Code 2006, § 151.01; Ord. No. 12-99, 11-18-1999)
Sec. 8-166. - Criteria for modifications/changes requiring review.#
The criteria for modifications/changes requiring review are as follows: (1)
Modifications and/or changes to existing structures in excess of ten percent of the property value of a parcel of property.
(2)
Substantial architectural change in structures.
(3)
All color changes.
(4)
All changes in signs.
(5)
Change in the appearance of structures.
(Code 2006, § 151.02; Ord. No. 12-99, 11-18-1999)
Sec. 8-167. - Pre-design conference.#
It is recommended that applicants request a pre-design conference with the town staff prior to submitting an application to the ARB. The town staff shall examine the proposed development and make recommendations as needed to bring it in compliance with the design standards and guidelines in this article. The staff shall invite other affected agencies as necessary to participate in the pre-design process.
(Code 2006, § 151.03; Ord. No. 12-99, 11-18-1999)
Sec. 8-168. - Application requirements.#
All submittals to the ARB must meet the requirements of this section. Material specifications and typical construction details shall accompany any submittal. Three sets of blueprints are required. The use of illustrative site plans and three-dimensional site models are encouraged. Drawings and designs shall meet the requirements of the Architectural Registration Code of Laws of South Carolina, when applicable. Incomplete applications will not be accepted by the ARB. (1)
Schematic design drawings. The applicant is required to submit schematic design drawings showing the following information for new development: Proposed site plan. The proposed site plan shall include the following:
a.
The name of the project: the names of engineers, architects, and the like;
b.
The boundaries and dimensions of the proposed site or lot;
c.
Locations and dimensions of the principal and any accessory buildings with distances from property boundaries indicated;
d.
Location, number, and size of all proposed parking spaces, including handicapped parking, if appropriate;
e.
Location of adjacent streets with center lines indicated; location of proposed curb cuts, driveways and accessways;
f.
Location of all setbacks, easements and rights-of-way, both existing and proposed;
g.
Location of areas to be landscaped and buffer screens, as required;
h.
Demolition of existing site features, if applicable;
i.
Location of proposed site features, such as driveways, walls, gates, location and size of mechanical equipment and the like;
j.
Boundaries of flood hazard areas;
k.
Drainage plan, landscape plan, site lighting plan, road plan, parking plan, utilities plans, soil report (if required);
l.
The numbers of proposed site plans shall be adequate for applicable reviewing agencies and shall be determined by the staff.
(2)
Photographs. The photographs shall include a general view of the street showing the building site and adjacent properties (streetscapes and buildings).
(3)
Building plans. The building plans shall depict the arrangement of all floor plans, roof plans, building elevations, and building sections. The first floor plan shall show the relationship between the first floor and the site.
(4)
Building elevations and typical building section. The building elevations and typical building section shall show the design of all elevations; vertical dimensions; existing grade; proposed grade; finished floor elevations; roof slopes; mechanical vents and equipment; location and type of outdoor lighting fixtures; design and location of signage; and proposed material selections including walls, roofs, chimney flues, gutters and downspouts, porches and railings.
(5)
Materials specification outline. The materials specification outline shall show samples, brochures, colors and/or photographs of all exterior materials, finishes and fixtures.
(6)
Contextual model. The contextual model shall show the new building in the existing environment if required by the ARB.
(7)
Typical construction details. The typical construction details shall show footprints, general configurations, and typical wall sections.
(Code 2006, § 151.04; Ord. No. 12-99, 11-18-1999)
Sec. 8-169. - ARB review principles.#
The ARB's review shall be directed toward the view of the roads and the view from the roads. In reviewing design plans, the ARB shall distinguish between two characteristics of a roadway: (1)
The fairly uniform linear boundaries of a road extending from building facade to building facade;
(2)
Its larger, more irregular shaped zone of influence extending into the building's perimeter, rear and side yard areas and beyond.
(Code 2006, § 151.05; Ord. No. 12-99, 11-18-1999)
Sec. 8-170. - Architectural review board.#
(a)
The planning commission shall also function as the architectural review board (ARB). The ARB shall meet as necessary by giving at least a one-week notice to its members and the public by publishing the meeting date, time and place in a newspaper of general circulation within the town and county. All meetings shall be open to the general public.
(b)
The town administrator, or his representative, is appointed as staff to the ARB. He may be assisted by other town personnel as needed. The staff shall evaluate all submittals to the ARB for completeness and compliance with this article. The staff shall not submit incomplete applications to the ARB. The staff shall keep appropriate minutes of each meeting of the ARB.
(c)
The staff may, at its discretion or at the direction of the ARB, engage the services of qualified professional personnel such as an architect or engineer to assist in evaluating applications. Firms selected to evaluate applications shall, if possible, be firms or individuals residing within the corporate limits of the town. The cost for the services shall be borne by the applicant. The results of any professional evaluation shall be provided to the ARB for its consideration. In no case shall the evaluations be binding upon the board.
(d)
The decision of the ARB regarding an application shall be communicated in writing to the applicant. An application which has been denied approval may not be resubmitted to the ARB unless substantial changes have been made to bring the application into compliance with this article. The decision of the ARB may be appealed to a court of competent jurisdiction. A court appeal will stay all further proceedings until a decision has been rendered by the court and all appeals have been exhausted.
(Code 2006, § 151.06; Ord. No. 12-99, 11-18-1999; Ord. No. 17-03, 12-4-2003)
Sec. 8-171. - Interpretation and conflict.#
(a)
The provisions of this article shall be held to be minimum requirements. It is not intended to interfere with, abrogate or annul any easements, covenants or other agreements between parties. Should this article impose a greater restriction upon the use of buildings or premises or upon the height of buildings or require more open space than required by other resolutions, ordinances or by easements, covenants, or agreements, the provisions of this article shall govern. When the provisions of any other statute require more restrictive standards than are required by this article, the provisions of the statute shall govern.
(b)
Wherever any other ordinance provides a higher standard than required by this article, the higher standard shall apply.
(Code 2006, § 151.07; Ord. No. 12-99, 11-18-1999)
Secs. 8-172—8-195. - Reserved.#
DIVISION 2. - ARCHITECTURAL REVIEW DESIGN GUIDELINES#
Sec. 8-196. - General.#
Proposed developments shall be reviewed using five major elements: site element, architectural element, streetscape element, landscape element, and sign element.
(Code 2006, § 151.20; Ord. No. 12-99, 11-18-1999)
Sec. 8-197. - Penalty.#
(a)
If any building is erected, constructed, reconstructed, altered, repaired, or converted, or any building or sign, structure or land is used in violation of this article, the town administrator is authorized and directed to institute any appropriate action to put an end to the violation.
(b)
It shall be unlawful to construct, reconstruct, alter, change the use of or occupy any land, building, sign or other structure without first obtaining the appropriate permit from the zoning administrator. No permit shall be issued unless it is in compliance with this section or relief has been granted by the architectural review board. Any violation of this section shall be a misdemeanor. An offender shall be liable to punishment as set forth in section 1-14. Each day that the violation continues shall be a separate offense.
(Code 2006, § 151.99; Ord. No. 12-99, 11-18-1999)