The Dillon City Council passed the first reading of Ordinance #17-07: Adopting a Maintenance and Appearance Code for the downtown historic business district.
In speaking about the ordinance, Mayor Todd Davis said the city wanted to be a “partner,” not an “enforcer,” but said it had to be done. Other communities have been doing this. The motion was made to adopt the ordinance by Councilman John Braddy and seconded by Councilman Douglas Jackson. All present approved. It was noted that the wording was very similar to the Florence ordinance.
The planning commission recommends this ordinance and the Downtown Revitalization Commission also supports it.
The ordinance applies to all commercial buildings, whether occupied or vacant, in the designated downtown are.
The ordinance outlines what is expected. It states:
Section 5-4-74(A)(12)(d) General Duties and Responsibilities of the Owner.
It shall be the duty and responsibility of the owner to ensure that buildings and structures affected by this article are maintained and repaired per the following:
(1) The exterior of the structure is to be maintained in good repair. In general, the term good repair shall mean that the structure(s) shall be free from broken glass from exposed windows; failed, failing or unattached gutter systems; failed or failing exposed wood elements that are either an architectural feature, a structural element, or placed on the structure for some other purpose; and/or other failed or failing plastic, metal, brick, stone or other building materials found on the exterior of the structure(s).
(2) All structures and decorative elements of building fronts, sides and rears shall be repaired or replaced in a workmanlike manner to match as closely as possible the original materials or as approved.
(3) Structures at the rear of buildings, attached or unattached to the principal structure, which are structurally deficient, shall be repaired or demolished upon approval.
(4) All extraneous elements on building walls and roofs and surrounding premises which serve no useful or aesthetic purpose, such as empty electrical or other conduits, unused sign brackets, etc., shall be removed.
(5) If the building is used for storage, the contents shall be masked from view of the public from the street right-of-way, public parking lots, or pedestrian corridors.
(6) If the building is unoccupied, the owner shall cause the building to be maintained in such a way as to prevent it from looking abandoned. In general, it is the intent of this paragraph to cause the building to blend in with other occupied buildings within the immediate area. In addition, the building shall remain broom clean with all debris and other waste removed from inside the building.
(7) The owner shall also be responsible for compliance with other sections of the City Code as they relate to nuisances and the abatement of nuisance conditions.
Section 5-4-74(A)(12)(e) Specific duties and responsibilities of the owner.
(1) Walls. In the event that a wall of a building has become exposed as a result of demolition of adjacent buildings, all doors, windows, vents or other similar openings exposed by the demolition must be either restored or closed. It shall be the responsibility of the property owner or agent causing the exposure of the wall to make required repairs and bring the building into compliance. Additional work required and time schedule allowed shall be the following:
(a) The removal of any protruding or loose materials.
(b) The owner or agent causing the exposure shall submit an application and schedule for compliance to the city within sixty (60) days of demolition.
(2) Windows. In general, all windows shall be in good repair. For the purpose of this section, the term good repair shall mean that windows are tight fitting and have sashes of proper size and design. In addition, sashes with rotten wood, broken joints, or broken or loose mullions shall be replaced. Good repair shall also mean that exposed wood is sealed or otherwise protected and that the window is free of broken or cracked glass. For windows that are four (4) square feet or larger and are broken, the following rule shall apply:
A glass pane is not required to be replaced, if the largest single portion of the pane which is free of cracks, is 80% or greater of the total surface area of the glass pane.
(3) First-floor. Existing windows shall be maintained as windows, complete with sills, lintels, frame and glass, unless changes are specifically approved by the Board of Architectural Review.
(4) Upper floor(s). Existing windows may be closed as approved by the Board of Architectural Review.
(5) Signage and display windows. The following regulations shall apply to window advertising and/or display window space:
a. No more than 25% of a storefront window may be covered by advertising signs. This restriction shall not apply to signs permanently painted on or etched into the window that serve as the business’ identification sign.
b. The interior area of enclosed display window space(s) shall be maintained in a manner free of dirt, debris and clutter. If the display window space is not enclosed, the area measured from the bottom of the window to 24 inches inside the building shall be considered the display window space.
c. Temporary signage shall not be placed on the exterior of any building or structure. All temporary signage must be on the inside of the window and shall be considered when calculating the 25% allowance for window signage. For the purpose of this section temporary signage shall be defined by the City of Dillon Zoning Regulations and/or the Design Guidelines.
d. All other signage shall be in conformity with the City of Dillon Zoning Regulations and/or the Design Guidelines.
(6) Allowable exceptions. The following exceptions for window treatments are available if approved by the Board of Architectural Review.
a. Upper story windows-
1. Use of inoperable glass inserts.
2. Use of painted wooden shutters.
3. Use of public art.
4. Other options as approved.
b. Alley windows-
1. Use of painted wooden shutters.
2. Other options as approved.
c. Back streets.
1. Use of painted wooden shutters.
2. Other options as approved.
(7) Protection of exterior surfaces and facades. All exterior surfaces which require painting or sealing to protect the underlying surface(s) from deterioration shall be so painted or sealed. As a matter of regulation, when 25% or more of the aggregate exterior surface of any wall face has peeling or flaking paint the entire area shall be repainted. An exception to this regulation may be granted by the city where the owner or owner representative, as a matter or design maintains the underlying paint, advertising sign or art work in a satisfactory manner.
(8) Advertising structures, signs, and awnings. All advertising structures and awnings and their accompanying supporting members shall be maintained in good repair and shall be in compliance with the development codes for the city. Non complying signs, billboards, marquees, or awnings shall, together with their supporting members, be removed. It is the intent of this section, to cause the removal of all abandon signs or like structures within the Dillon Commercial Historic Overlay District.
For awnings or marquees which are made of cloth, plastic or similar material, such awnings, or marquees shall be maintained so as not to show evidence of excessive tearing, ripping, and unsightly conditions. For the purpose of this section, excessive tearing shall be defined as a tear in excess of six (6) inches in length. In the event that the awning covering has been removed, the supporting members may remain in place for a period not to exceed four (4) months if the intent is to replace the covering.
(9) Cornices. All cornices shall be structurally sound and maintained/protected. Rotten or weakened portions shall be removed and/or replaced to match as close as possible the original patterns as approved by the Board of Architectural Review.
(10) Downspouts. Sheet metal gutters and downspouts shall be functional, replaced or repaired as necessary and shall be properly located and securely installed.
It also discusses enforcement. Section 5-4-74(A)(12)(f) Notice of violation and penalties.
Any violation of the provisions of this article is hereby declared a public nuisance and shall be corrected or abated as required by this Article. Further, violation(s) of this Article shall be subject to the provisions of the Dillon City Code of Ordinances governing such nuisances, including reimbursing the city for any costs incurred in removing, abating or remedying said nuisance. When an owner is found to be in violation of this article, the city may serve upon such person a written notice stating the nature of the violation.
Within thirty (30) days from the date of receipt of the notice of violation, the owner shall submit to the City a plan for the satisfactory correction of the violation – which shall include acceptable milestones and other remedies to abate the violation. Within two weeks of submittal, the City shall review the correction plan and respond in writing to the owner of its acceptance, rejection, or recommended modification(s) to the plan.
Upon acceptance of the plan by the City the owner shall abate the public nuisance in a manner consistent with the approved plan. The City’s duly appointed official may amend the plan, upon a written request by the owner or the owner’s representative. All amendments shall be in writing and upon acceptance by the city shall be made part of the accepted correction plan. A phased schedule approach toward compliance may be acceptable. However, if a phased schedule approach is proposed it shall not exceed six (6) months from the date of acceptance by the City.
A copy of the complete ordinance can be obtained from the City of Dillon.
A public hearing will be held on Monday, July 10, at 7:00 p.m. at the Dillon City Council Chambers at the City-County Complex building located at 401 West Main Street, Dillon.
