By Betsy Finklea
The Dillon City Council passed the first reading of an ordinance to amend the ordinance to allow vinyl or vinyl clad windows in the historic overlay district at their meeting on Monday night.
The change in the ordinance came about after the Board of Architectural Review denied a request from Main Street Methodist Church to allow their to replace the windows in their educational building with vinyl windows. The majority of the windows in this building do not face Main Street.
The issue was brought up at the January meeting in which Code Enforcement Officer Benny Genwright explained that thechurch could resubmit a proposal with a different type of window or ask that the council amend their ordinance regarding vinyl windows.
The issue recently went before the Planning and Zoning Board and at Monday night’s meeting the amendment was proposed.
Below is the ordinance:
Ordinance No. 14-01
AN ORDINANCE AMENDING TITLE 5, CHAPTER 4, SECTION 5-4-74(A)(4) OF THE CITY OF DILLON CODE OF ORDINACES IN ORDER TO ALLOW VINYL OR VINYL CLAD WINDOWS WITHIN THE DESIGNATED HISTORIC OVERLAY DISTRICT
WHEREAS, the Planning & Zoning Commission of the City of Dillon, by means of a public hearing, has given their positive recommendation to amend Title 5, Chapter 4, Section 5-4-74(A)(4) of the City of Dillon Code of Ordinances in order to allow Vinyl or Vinyl Clad Windows within the designated Historic Overlay District.
NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Dillon, South Carolina that Title 5, Chapter 4, Section 5-4-74(A)(4) Vinyl or Vinyl Clad Windows of the City of Dillon Code of Ordinances shall be amended so that the provisions shall read as follows:
Section I. Section 5-4-74(A)(4) Vinyl or Vinyl Clad Windows.
a) Vinyl or Vinyl Clad Windows to include sills and frames shall be permitted to be installed and used in any building, structure or accessory uses within the Dillon Historic Overlay District subject to the provisions within Section 5-4-74(A)(4)(b) through 5-4-74(a)(4)(e) of this ordinance.
b) Prior to installation, all Vinyl or Vinyl Clad Windows to include vinyl sills and frames proposed to be installed in any building, structure or accessory uses within the Dillon Historic Overlay District shall be certified and installed in compliance with the latest edition of the International Building Code and/or International Energy Conservation Code as adopted and amended by the South Carolina Building Code Council and all City of Dillon Code of Ordinances as amended.
c) Applicants seeking to install Vinyl or Vinyl Clad Windows as replacement windows to include vinyl sills and frames in any building, structure or accessory uses within the Dillon Historic Overlay District which do not alter or modify original window size, muntins be th same as the original windows, compliance with egress in fulfilled in accordance with the latest edition of the International Building Code and/or International Residential Code and/or International Energy Conservation Code as adopted and amended by the South Carolina Building Code Council and all City of Dillon Code of Ordinances as amended, shall not require approval by the Board of Architectural Review (BAR). However, Prior to installation thereof, a Certificate of Appropriateness (COA) application must be obtained from the Code Enforcement Department, returned and completed by the applicant in its entirety accompanied by a sample of the actual paint chip describing and identifying the color of the proposed Vinyl or Vinyl Clad Windows to include vinyl sills and frames to be installed for the purpose of ensuring that the exterior color and installation of vinyl or vinyl clad windows do not destroy the integrity of the historic building, structure, accessory uses or its environment, prior to work beginning.
d) Applicants seeking to design or install new exterior window additions in excess of existing exterior windows and/or where no windows exist, in any building, structure or accessory uses within the Dillon Historic Overlay District shall be considered by the Board of Architectural Review (BAR) after a Certificate of Appropriateness (COA is submitted to the BAR for approval, prior to work beginning.
e) Any person violating any provision of this section by not applying for a Certificate Of Appropriateness (COA) and a permit (if required) prior to doing any work in the historic district, other than maintenance, shall be subject to a fine of up to $500 or imprisonment for not more than 30 days upon conviction. Work shall immediately cease and the property shall be returned to its original appearance as of 2002 benchmark district photos. Each day of violation shall be considered a separate offense until property is restored.
Section II. BE IT FURTHER ORDAINED BY Mayor and Council of the City of Dillon that should any of the provisions of this ordinance shall be deemed unenforceable or invalid, then the remainder of the provisions herein shall not be affected thereby and the same shall remain in full force and effect. The Council of the City of Dillon hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause and provisions herein, even without the section(s), clause(s), or provision(s) that are held to be enforceable or invalid.
Section III. BE IT FURTHER ORDAINED by Mayor and Council of the City of Dillon that all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent necessary to give the provisions of this ordinance full force and effect.
Section IV. BE IT FURTHER ORDAINED that this ordinance shall take effect and be in force from and after its adoption.
