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- www.sullivansisland-sc.com
- www.cooperconsultinginc.com
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- Cooper Consulting Company, Inc. – Zoning & Community Involvement
- Peter Drey + Company – Design
- David Schneider – Historic Preservation
- Joel Russell, Esq. – Legal
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- Craft an Island Vision Statement
- Revise Existing Zoning Ordinance
- Develop Design Review Process
- Preserve Island’s Historic Character
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- Foundation of Recommendations
- Zoning & Design Recommendations
- Historic preservation Recommendations
- Commercial District Choices
- Design Review Committee
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- Island Vision
- Comprehensive Plan Goals
- Participation & Outreach
- Island Residents’ Views
- Island Character
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- A comfortable home at the
beach, safe and friendly, where individuality and diversity are
celebrated, neighborhoods are respected, island resources are
appreciated, history is intertwined, and families and neighbors seek to
thrive.
- Visioning Workshop, Feb. 4, 2003
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- Three public workshops with approximately 600 residents participating
- Meetings with council, planning commission, board of zoning appeals and
other town committees
- Homeowners and Business Owners
- Developers, Builders, Realtors, Designers, Historic Preservation, FEMA,
South Carolina Preservation Commission
- 7 Consultant on-site visits to Sullivan’s Island and over 2000
photographs
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- Residents responses:
- 99% – YES … Is it important to preserve historic structures?
- 84% – NO … Do you think the trend toward larger homes is good?
- 90% – YES … Is the commercial area adequate?
- 76% – YES … Would it be helpful to implement some form of design
review?
- 50% – YES/NO … Should different “neighborhoods” have different zoning
standards?
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- Expressed by Sullivan Island Citizens…
- Strong historical context
- Island informality
- Simplistic architecture that fits the climate
- Simplistic landscaping – limited high hedges & fences
- Views across and through lots important
- Resource conservation highly important
- Good old-fashion neighborliness
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- Post-Hugo home development having a significant impact on the character
of island and its pre-Hugo existing residences.
- In recent years, the Island has seen a substantial …
- Increase in square footage
- Increase in overall house width and height
- Increase in foundation height
- Increase in eave heights with development of full 2nd story
- Increase in paving, landscaping, pools & outside lighting
- Reduction in the space between houses
- Reduction in the use of large front porches
- Demolition or overwhelming renovations of historic homes
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- Recommendations …
- Focused on increasing the compatibility of new development with that of
existing development and the Island character.
- They are …
- Recommended changes and additions to the zoning standards in the Zoning
Ordinance; and
- Recommended design guidelines that a Design Review Committee would use
in reviewing new development and additions.
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- Zoning Standard
- A requirement in the zoning ordinance that must be met.
- Relief from the standard (variance) may be granted by the Board of
Zoning Appeals only when state-mandated conditions are met.
- Design Guideline
- A design requirement that must be met, unless the Design Review
Committee grants an exception.
- Design Review Committee may grant an exception if the applicant to
demonstrates the guideline is not appropriate or practical.
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- Zoning Standards
- Front Yard Setback
- Side Yard Setback
- Foundation & Stories
- Home Size
- Lot Coverage
- Impervious Coverage
- Accessory Structures
- Fences
- Design Guidelines
- Orientation & Entrance
- Front Eave Height
- 2nd Floor Façade Setback
- Building Width & Aspect Ratio
- Porches & Decks
- Roof Shapes
- Foundation Treatment
- Blank Façades
- Driveways & Parking
- Permeable Materials
- Site Lighting
- Landscaping
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- Zoning Standard
- A requirement in the zoning ordinance that must be met.
- Relief (variance ) from the standard may be granted by the Board of
Zoning Appeals only when state-mandated conditions are met.
- Zoning Standards
- Front Yard Setback
- Side Yard Setback
- Foundation & Stories
- Home Size
- Lot Coverage
- Impervious Coverage
- Accessory Structures
- Fences
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- Purpose
- Improve compatibility of larger and taller homes with the island scale
and streetscape.
- Recommended Standard
- Front yard setback increased to 25 feet (currently 20 feet)
- Any part of the structure that exceeds 20 ft in height must be set back
an additional 1 foot for every 1 foot it exceeds 20 ft.
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- Front yard setback
- Graduated setback
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- Purpose
- Greater side yard setbacks reduce the impact of larger and taller homes
within neighborhoods.
- Recommended Standard
- Lots equal to or greater than 105 ft. wide: together, side yard
setbacks must total 40 ft (currently 30), with no side less than 15
feet (currently 10)
- Lots less than 105 feet wide: Total side yard setback may be reduced by
1/3 foot for each foot lot width is under 105 feet, with no side less
than 10 ft.
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- Purpose
- FEMA regulations have substantially elevated foundations and many
houses are elevated higher than FEMA requires. Additionally, height is increased by
the addition of a 3rd story.
- Recommended Standard
- Limit bottom elevation of floor joists to no more than 2 feet above
FEMA base flood elevation (finished floor may be no more than 3 feet
above base flood elevation).
- Limit number of living stories to 2, maximum height 20 feet from first
floor to second story eaves or parapet but not including roof or
foundation (currently permitted 400 sf 3rd story).
- Recognizes flood insurance largest reduction in rates given
- for 2 feet above required FEMA standards.
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- Height of foundation and maximum floor height
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- Purpose
- Overall size of homes in relation to lot size has a great impact on
scale and mass. Likewise, regardless of lot size, there is a point at
which house size exceeds compatible island historic character.
- Recommended Standard
- Lots of 5,000 square feet or less: max. 2400 sf enclosed floor area of
home (heated/cooled livable area not including porches).
- Lots greater than 5,000 square feet: floor area of enclosed floor area
may be increased 12 sf for every additional 100 square feet of lot area
(excluding marsh or ocean land).
No principal building
- shall exceed 5600 sf in enclosed area.
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- Calculation
- House size based on lot size above 5000 sf lot;
- Size increases by 120 sf per 1000 sf of lot (above 5000 sf lot)
- Equation: [(lot size – 5000 sf) / 100 sf] x (12) + 2400 = house size
- Example: (7000 sf lot – 5000 sf =2000)/100 = 20 x 12 = 240 +2400 =
2640
- Example: (15,000 sf lot – 5000 sf = 10,000)/100 = 100 x 12 = 1200
+2400 = 3600
- Examples of House Size
- 32,000 sf lot = 5,600 sf house
- 22,000 sf lot = 4,440 sf house
- 15,000 sf lot = 3,600 sf house
- 10,000 sf lot = 3,000 sf house
- 7,000 sf lot = 2,640 sf house
- 5,000 sf lot = 2,400 sf sf house
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- Purpose
- Lot coverage (building footprint) should be modified to more equitably
accommodate lots under 15,000 sf.
- Current regs: 15% lot coverage for lot >14,560 sf; 20% coverage for
lots =<14,560 sf
- Recommended Standard
- Retain 15% lot coverage for lots 15,000 sf or greater
- Provide a graduated increase in lot coverage based on amount lot is
below 15,000 sf up to 25% for a 5000 sf lot
- Equation: (15% x lot size) + [(15,000 sf – lot size) x 5%] = lot
coverage
- Exclude marsh, ocean & RC area in all calculations.
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- Equation
- Sample equation: (15% x lot size) + [(15,000 sf – lot size) x 5%] = lot
coverage
- Examples of Building Lot Coverage
- =>15,000 sf lots = 15% building lot coverage
- 10,000 sf lot = 17.5% building lot coverage
- 8,000 sf lot = 19.4% building lot coverage
- 5,000 sf lot = 25% building lot coverage
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- Purpose
- Modify impervious surface standards for lots < 15,000 sf. Some
credit should be given for use of pervious pavement materials.
- Note: “pervious” means open to unimpeded passage of moisture;
“impervious” means will not readily drain.
- Currently all lots limited to 30% impervious regardless of size
- Recommended Standard
- Retain 30% impervious coverage for lots 15,000 sf or greater
- Provide a graduated increase in impervious coverage based on amount lot
is below 15,000 sf up to 40% for a 5000 sf lot
- (30% x lot size) + [(15,000 sf – lot size) x 5%] = impervious
- Decks impermeable & exclude marsh, ocean & RC area.
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- Equation
- (30% x lot size) + [(15,000 sf – lot size) x 5%] = impervious coverage
(decks considered impermeable)
- Examples of Impervious Coverage
- =>15,000 sf lots = 30% impervious lot coverage
- 10,000 sf lot = 32.5% impervious lot coverage
- 8,000 sf lot = 34.4% impervious lot coverage
- 5,000 sf lot = 40.0% impervious lot coverage
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- Purpose
- Size of accessory structures should relate to size of house.
- Current regs. are much more restrictive regarding size and setbacks
- Recommended Standard
- Accessory structures may not exceed 25% of principal building sf.
- Footprint may not exceed 25% of principal building footprint.
- Limited to 15 feet in height; no wall exceeding 25 feet in length.
- Accessory structures must be in rear yard and must be at least 5 ft.
from property line.
- Elevated pools/decking above 6 inches are not permitted
- (ground pools must meet primary structure setbacks).
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- Recommended permitted location of accessory structures
- Front yard or elevated pools are not recommended
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- Purpose
- A significant contribution to Sullivan’s Island’s informality is the
manner in which fences are used. Tall privacy fences that obstruct
views to create a strong sense of lot privacy do not work well with the
island’s informality. (Current regs. permit 6 to 8 ft high fences).
- Recommended Standard
- Front yard fences limited to 4 feet in height. Beyond front yard, side
and rear fences up to 5 feet tall are permitted.
- All fences must be at least 25% open across entire plane of fence.
- Permitted fence types include wood, pickets, or lattice,
- brick pier/wood infill, & wood/wire fence. Chain link fences
permitted only in side and rear yards.
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- Fences recommended
- Fences not recommended
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- Design Guideline
- A design requirement that must be met, unless the Design Review
Committee grants an exception.
- Design Review Committee may grant an exception if the applicant to
demonstrates the guideline is not appropriate or practical.
- Design Guidelines
- Orientation & Entrance
- Front Eave Height
- 2nd Floor Façade Setback
- Building Width & Aspect Ratio
- Porches & Decks
- Roof Shapes
- Foundation Treatment
- Blank Façades
- Driveways & Parking
- Permeable Materials
- Site Lighting
- Landscaping
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- Purpose
- Homes should be oriented toward the principal street and have a primary
point of access fronting the principal street.
- Recommended Guideline
- The principal structure should have stairs that provide access directly
from the yard abutting the principal street.
- Other exterior stairs should be on side or rear of house
- Example: stairs leading from roof top decks
- should be located to the rear or side.
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- Purpose
- Homes should have front entrances that have a strong orientation to the
primary street.
- Recommended Guideline
- Primary façade and front door should be oriented toward principal
street.
- Double frontage lots – primary façade should be oriented toward
ocean-side principal street.
- Ocean or marsh lots – primary façade should be oriented toward the
principal street.
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- Illustration of Front-Facing Entrances
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- Issue
- Comparing house size of pre-Hugo and post-Hugo; many new homes have an
eave height of twice the traditional island house.
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- Purpose
- Height of front roof eaves increases the impact of house scale,
particularly with increase in FEMA required home elevations.
- Recommended Guideline
- Roof’s eave or parapet height of primary front façade may not exceed 13
feet above the FEMA base flood elevation.
- Exception: If front façade has roofed 1st floor porch eave no more than
13 feet above FEMA base flood elevation, then enclosed building’s
primary roof’s front eave or parapet height may exceed 13-foot height
limit for that portion fronted by the porch.
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- Standard 13-foot Front Façade Eave Height
- Exception: Front porch eave permits higher second story eave height
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- Purpose
- A building’s unbroken side façade (without significant articulation)
increases perception of massiveness.
- Recommended Guideline
- Side façade of 2nd floor must be set in 2 feet from 1st
floor.
- Exception: if the 2nd story side façade has an unenclosed
porch with a minimum depth of 4 feet, the porch portion not subject to
the required setback.
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- 2-foot side façade setback
- Exception: 2nd story 4-foot porch eliminates setback
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- Purpose
- Front width of homes has substantial impact on building mass and scale.
- Recommended Guideline
- Width of structure’s front façade should not exceed 2/3 of the lot’s
buildable width (lot width minus side yard setbacks) or 50 feet,
whichever less.
- Other front facing walls should be set back at least 10 feet.
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- Front façade max. 50 feet
- Appropriate 10 – foot setback
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- Purpose
- Ideal ratio between a rectangle’s width and its length. This aspect
ratio is 5:3. A building having a front width of 50 feet would ideally
have a depth of 30 feet.
- Recommended Guideline
- New construction should be designed with an aspect ratio of 5:3 (ratio
could be reversed to have a front width of 30 feet and a side depth of
50).
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- Ideal Aspect Ratio 5 to 3
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- Purpose
- Porches are an integral part of architecture of Island & should be
strongly encouraged. Decks are not a part of Island’s historical
character.
- Recommended Guideline
- At least 40% of front façade’s 1st floor width should be devoted to porches
with a minimum depth of 8 feet.
- Porches & decks should not exceed 40% of house (also subject to
impervious surface limits).
- Decks should be limited to a max.
of 20 feet in any direction (except ground level pool decking).
- Decks should be prohibited on front façade 1st floor.
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- Porch 40% of Front Façade & Min. 8 feet deep
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- Purpose
- Roof shapes have an impact on how compatible a new structure is with
Sullivan’s historic island homes. Traditionally, roof shapes on the
island were fairly simple.
- Recommended Guideline
- The primary structure should have a principal roof covering at least
50% of the building’s footprint.
- Complex-sloping roofs should be avoided (multiple valleys).
- Roof slopes should not exceed 45 degrees.
- Roofs sloping less than 15 degrees are considered flat roofs &
should be concealed behind a raised parapet at least as high
- as the peak of the roof.
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- One roof covering 50% +
- Preferred simple roof
- Not preferred complex roof
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- Purpose
- The treatment of the home’s foundation can have a large impact on mass
and scale of the structure.
- Recommended Guideline
- Foundations exceeding 3 feet in height should be enclosed by wood
lattice or wood slats with open areas for parking access.
- Solid enclosure materials such as brick or stucco are be discouraged
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- Preferred Foundation Treatments
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- Purpose
- Large expanses of uninterrupted walls increase the mass and scale of
structures.
- Recommended Guideline
- Front façades should have no more than 10 feet in any direction of
blank façade.
- Side facades should have no more than 15 feet in any direction of blank
façade.
- Blank façade are walls with no windows, doors or porches.
- Doors and windows should be at least 20% and not more than 60% of any
front or side wall area.
- Wall areas covered by porches should be exempt.
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- Purpose.
- Impact of drives and parking can be considerable if front yard area is
developed as the primary location for access and parking.
- Recommended Guideline:
- Lots with frontage on two or more streets should provide vehicle access
via the rear or side of house.
- Lots with frontage on only one street may provide vehicle access in
front of house.
- Excessive paved parking areas should be avoided.
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- Recommended Guideline:
- Use of permeable or “pervious” pavement surfaces should be encouraged.
Some credit should be given for them in calculation of the impervious
surface area based on the manufacturer’s documented % of permeability
data.
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- Purpose
- Highly illuminated structures & lots are not compatible with the
Island character, night skies and beaches.
- Recommended Guideline
- Site lighting must be arranged so as not to create glare on adjoining
properties or in the public right-of-way.
- Site lighting should be designed and arranged so light source is not
visible from adjoining properties or public right-of-way.
- Lighting fixtures must be attached to the house and must not exceed the
height of the first story
- Other lighting may not exceed 7 feet above grade.
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- Purpose
- The manner in which landscape materials are used contribute to
informality of Sullivan’s Island. Highly stylized plantings or
plantings to create a strong sense of lot privacy contrast strongly
with the Island’s informality.
- Recommended Guideline
- Landscaping should be arranged to allow visual access through the site
by using grasses, low shrubs, high-canopy trees.
- Use of native species and other traditional ornamental species is
encouraged.
- Berms should be avoided.
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- Informal landscaping preferred
- Formal landscaping not preferred
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- At February’s Design Workshop, 99% agreed that it is important to
preserve historic structures on Sullivan’s Island.
- All findings and recommendations are described in more detail in the
document, Historic Preservation Recommendations, Sullivan’s Island,
South Carolina.
- The following is a summary of findings and recommendations to consider
in developing an effective historic preservation program.
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- Seek National Register of Historic Places Designation for Districts
& Individual Resources
- Seek Local Historic Designation
- Adopt Preservation-Sensitive Ordinances
- Encourage Use of Historic Easements
- Create Revolving Funds
- Promote & Educate
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- National Register (listed or eligible)
- Individually eligible – 16
- Contributing to Potential Nat. Register District - 208
- Local Designation (includes those listed above)
- Landmarks – 158 (50%)
- Traditional Island Resources – 113 (36%)
- Altered but still historic – 44 (14%)
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- Sullivan’s Island District
- Moultrieville District
- Atlanticville District
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- Listing on the National Register of Historic Places
- Provides some protection from federally funded or licensed activities;
does not place any restrictions on property owners.
- Benefits
- Recognition – exclusivity can enhance value
- Federal Tax Incentives – 25% of commercial rehab. cost
- State Tax Incentives
- 25% of rehab. cost (owner-occupied personal residences)
- Additional 10% of rehab. cost for commercial
- Special property tax assessments by local ordinance (fixed for 8 years
at 40% of post rehab. Or 100% of pre-rehab. assessment)
- Flood plain exemption for substantial renovation
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- Sullivan’s Island should
- Sponsor nomination of all eligible resources to the National Register
of Historic Places.
- Enact a special tax abatement that provides incentive for
rehabilitation.
- Take steps necessary to have its historic preservation program
designated as a “certified local government” by South Carolina.
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70
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- Local Historic District
- One of most effective and commonly used historic preservation tools
- Designation of local historic districts and landmarks can make the
alteration and/or demolition of those resources subject to local review
and approval.
- Local Historic Designation can establish design review and other
protection of historic properties.
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- Protects against incompatible development via design review in Local
Districts
- Provides alternative choices to inappropriate alteration or ultimate
demolition.
- Stabilizes/enhances property values – documented through studies.
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- Sullivan’s Island should
- Adopt a local historic preservation ordinance based on SC Department of
Archives and History model ordinance
- Have ordinance recognize both historic districts and individual
landmarks. review and approve certificates of appropriateness
- Establish a review committee as a …
- Separate historic preservation commission, or
- Advisory subcommittee of the Design Review Committee, or
- Appoint at least one appointee to the Design Review Committee with
some expertise in historic preservation.
- Adopt design review guidelines for use by its historic preservation
review committee to use in reviewing applications for certificates of
appropriateness.
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- Current ordinance allows exemption for National Register listed
properties (or contributing resources within National Register
Districts)
- May apply to locally designated historic
resources that are designated by a “Certified Local Government”
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- The Dilemma …
- Existing 1200 sf one-story historic residence on a 10,000 sf lot
- It’s “consuming” 69% of the allowable building footprint, 40% of the allowable house square
footage, 37% of the impervious coverage.
- Do I tear it down or do I make this “sacrifice” in the name of
“preservation?”
- The Answer
- Provide incentives in the Zoning Ordinance that do not treat historic
properties as a “lot liability.”
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- Zoning incentives for historically significant structures:
- Exempt up to 50% of existing square footage, building coverage
(footprint) and impervious surface coverage of the historic structure
if efforts made to retain structure as main home or a free-standing
unit (subject to Design Review Committee approval)
- Exempt from pre-existing conditions … such as existing setbacks
(subject to Design Review Committee approval)
- Permit to be used as accessory units.
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76
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- Additions should not overwhelm
the historic building or change its essential form.
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- Impact of addition is both SIZE and PLACEMENT.
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- Historic preservation easement
- A means by which the owner of a historic building can insure its
preservation while at the same time retaining possession and use of the
building.
- Types of easements
- Donated easements – tax deduction possible, typically around 10% of
appraised value.
- Purchased easements – owner paid market value of easement
- Combination donation/purchase
- Result of property transfer
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- Recommendation
- Town of Sullivan’s Island should promote the creation of a conservation
easement program.
- Such a program could be established either by the municipality itself,
by the creation of an independent nonprofit organization or by working
with existing neighboring historic preservation organizations.
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80
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- Revolving Fund
- Established for purpose of purchasing or accepting donations of
historic real estate.
- Properties are then typically sold to purchasers who agree to maintain
and preserve the properties, typically through the use of conservation
easements placed on the property at the time of sale.
- Proceeds replenish the fund.
- Recommendations
- Island should establish a revolving fund for the purchase and resale of
significant historic resources. Funding should be adequate to purchase
any historic property that might be at risk.
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- Need and Benefits
- Without a strong commitment and “buy in” from the majority of the
island’s property owners, it will be difficult to reach the consensus
needed to implement many of the recommendations in this report.
- Promotion and education will only go so far by themselves – but they
will increase the effectiveness
of all other tools the community may decide to implement.
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82
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- Sullivan’s Island should …
- Utilize documentation prepared during the preparation of National
Register nominations to promote
island's history and historic resources.
- Sponsor or support others who could publish a popular guidebook
describing the island’s history and architecture.
- Task the responsibility of promotion and education to any historical
commission or committee established for the purpose any historic
preservation provisions the town may adopt.
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- Reach a consensus about what’s important and why.
- Reach a consensus about how much change the important buildings can
undergo.
- Reach a consensus about who will be responsible for preserving the
island’s historic character.
- Implement a reasonable historic preservation plan.
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84
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- In most communities, the “do nothing” approach has a proven track record
of resulting in the loss of historic resources.
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85
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- Commercial District
- Commercial lots are “split lots” … ½ zoned commercial (fronting Middle)
and ½ zoned residential (fronting Jasper or I’on)
- Approx. 30% commercial lots undeveloped or underdeveloped
- Typical uses … service & retail ... restaurants, real estate
offices, deli, post office,
fitness center, medical
- Gas station permitted as existing non-conforming use
- Parking … on-site, on-street, temporary parking lot
- Majority of structures one or two story wood, some with porches
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87
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- Commercial owners and tenants
- Parking standards difficult to meet on small lots …
- Should allow residential uses in commercial district such as B & B
- State requires wide driveways to service commercial uses
- Perhaps some split lots should be all zoned commercial or limited
commercial use (offices)
- Town should develop public parking … perhaps near tennis courts
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88
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- Residents
- Most feel commercial district large enough
- Parking spilling over into residential streets
- Late-night noise and trash a problem
- Do not need additional restaurants
- Should allow residential uses such as B & B
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89
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- Goals …
- Designed to maintain the integrity of the existing commercial area,
- Provide for future buildings and streetscape improvements that create a
unified street frontage
- Adequately address parking issues … for both businesses and residents
- Provide a pedestrian-friendly environment.
- Provide for limited residential opportunities
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90
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- Purpose
- To provide expanded opportunities for development of commercial split
lots with residential uses compatible with adjacent homes.
- Suggestions
- Permit residential uses such as bed and breakfast or and additional
single family housing unit fronting Middle Street
- Investigate possibility of attached residential (townhouses) on
commercial lots
- Investigate possibility of residential above commercial/office
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91
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- Purpose
- To keep the first floor height as close to the elevation of the street
as allowable and maintain a similar first floor elevation for all
buildings within the commercial area.
- Suggestions
- Limit bottom elevation of floor joists to no more than 2 feet above
FEMA base flood elevation (finished floor may be no more than 3 feet
above base flood elevation).
- Limit parking underneath buildings to behind street front
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92
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- Purpose
- To create a visual connection between the street, sidewalks, and
commercial buildings, and to maintain a degree of formal unity between
all buildings.
- Suggestions
- Minimum of 60% of 1st floor elevation should be windows & doors.
- Where a building has a front porch of 10 feet minimum depth for public
and customer use, the 1st floor could have 30% windows & doors.
- Building facades should align or be within 5 feet of the front property
line
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93
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- Purpose
- To provide pedestrians with a continuous, well marked walking path
throughout the commercial area.
- Suggestions
- All newly constructed development should provide a minimum 5 feet wide
sidewalk at R.O.W. with a property line that is uninterrupted by
parking and directly connects to the sidewalk on adjoining properties.
- Pedestrian walkways should be protected from vehicle encroachment by
use of fixed, wheel stops and/ or a planted buffer area
- (minimum of 1 foot).
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- Purpose
- To provide adequate parking facilities for businesses while minimizing
the parking’s adverse impact on the commercial area.
- Suggestions
- Parallel and angled on-street parking in front of businesses should be
permitted.
- Parking should not interrupt the continuity of the public sidewalk.
- Off-street parking areas should be accessed by a maximum of one
driveway on each street frontage not to exceed 12’ in width.
- Where possible, this access should be located along a side street or
from the back.
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- Suggestions
- Off-street parking areas should be screened from all public roads,
pedestrian areas, and adjoining non-commercial properties.
- Screen should consist of a landscaped strip at least 4 feet in width
with hedges at least 4 feet tall along a minimum of 75% of the linear
feet of the strip, and/ or a painted board fence at least 4 ft. in
height and at least 75% opaque.
- Investigate possibility of town-developed parking area (with potential
commercial owner participation) for additional public parking
facilities
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- What’s next …
- Additional discussion with commercial property owners/tenants and town
leadership concerning suggested ideas
- Development of a set of recommendations for commercial district
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- Legal Authority
- Administration
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- SC’s Comprehensive Planning Enabling Act of 1994 – broad authorization
for towns to regulate aesthetics and appearance to implement
comprehensive plan
- Zoning can impose restrictions and conditions on right to erect,
demolish, or alter the exterior appearance of buildings administered
through a zoning administrator and/or design review.
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- State law gives specific authorization for design review by a board of
architectural review or similar body (S. C. Code § 6-29-870), which can
be called a historic district board, landmarks commission, design review
committee or similar name.
- While there may also be authority for a planning commission to
administer design review through land development regulations, this is
less clear. The legal foundation
for a Design Review Committee is solidly established in the law and is
therefore recommended.
- Design review regulations must be adopted by a town council, upon a
recommendation by the planning commission, as part of its zoning
ordinance.
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- To have a Design Review Committee, the zoning ordinance must authorize
design review for one or more of the following:
- Preservation and protection of historic and architecturally valuable
districts and neighborhoods
- Preservation and protection of significant or natural scenic areas
- Protection of the unique, special or desired character of a defined
area
- Design Review Committee can review applications directly and/or hear
appeals of decisions on design issues made by an administrative official
such as a zoning administrator
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- Design regulations must …
- Have a clear rationale for them in the comprehensive plan
- Have precise design criteria and do not give too much discretion to the
reviewing body or official
- Have all decisions on design based upon the criteria in the ordinance
and not the subjective judgment of the decision maker.
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- Appointment & Composition
- Appointed by the Town Council
- Maximum of 10 members
- May be restricted to members who have professional expertise
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- Design Review Committee: Powers
- Established in the zoning ordinance
- Includes review of design of new structures and alterations to existing
structures
- May also include review of landscaping and site alterations
- May include power to waive certain zoning requirements in order to
provide incentives for preservation of historic structures
- DRC may hear appeals from
decisions of zoning administrator relating to design issues, if
specified in the zoning ordinance
DRC decisions may be appealed only to circuit court, not BZA or
Town Council
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- Design Review Procedures
- DRC procedures and design criteria are incorporated into the zoning
ordinance
- Minor alterations can be reviewed by Zoning Administrator, with appeal
to DRC
- Significant alterations and new construction are reviewed by DRC,
applying the design criteria
- Zoning Ordinance sets thresholds for review by DRC or Zoning
Administrator and for exemptions, e.g. repair or replacement in kind
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- DRC procedures require
- Notice to property owner and abutters
- Public notice
- Hearing
- Decision
- Projects that have already received a building permit, or where
construction has begun and no building permit is required, would be
exempt
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- Steps in Design Review Process
- Process starts with building permit application, OR
- If no building permit is required for an alteration, starts with an
application for building or site alteration (or certificate of
appropriateness in an historic district)
- Zoning Administrator determines whether the application is complete and
consistent with the zoning standards
- If application is complete and in compliance with zoning, zoning
administrator issues decision for minor alteration or forwards
application to DRC for review of new construction or major alteration
- DRC holds hearing and issues decision
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- What’s next …
- Review of comments received at and following Sept. 30th presentation
- Draft Zoning Ordinance based on public comments
- Public hearings (may be by both Planning Commission & Town Council)
- Planning Commission recommendations to Town Council
- Consideration and adoption of revisions to Zoning Ordinance by Town
Council
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