In support and furtherance of its findings and determination that the historical, cultural and aesthetic heritage of the city is among its most valued and important assets and that the preservation of this heritage is essential to the promotion of the health, prosperity and general welfare of the people; and

In order to further stimulate revitalization of the business districts and historic neighborhoods and to protect and enhance local historical and aesthetic attractions to tourists and thereby enhance the opportunities for federal or state tax benefits under relevant statutory provisions; and

In order to provide for the designation, protection, preservation and rehabilitation of historic properties and historic districts and to participate in federal or state programs to do the same;

The city council declares it to be the purpose and intent of this chapter to establish a uniform procedure for use in providing for the protection, enhancement, perpetuation and use of places, districts, sites, buildings, structures and objects having a special historical, cultural or aesthetic interest or value, in accordance with the provisions of this chapter.

(Ord. dated 6/30/08 (part))

For the purpose of this chapter, the following terms and words are defined as follows:

"Building" means a structure created to shelter any form of human activity, such as a house, barn, church, hotel, business or similar structure, and may refer to an historically related complex or group of such structures.

"Certificate of appropriateness" means a document showing approval by the historic preservation commission of an application to make a material change in the appearance of a designated historic property or of a property located within a designated historic district.

"Commission" means the Covington historic preservation commission created pursuant to this chapter.

"Excavation" means to hollow out or dig out earth in preparation for construction of a building or structure.

"Exterior architectural features" means the architectural style, design and arrangement of the exterior of a building, structure or object, including without limitation the kind or texture of the building material and the type and style of all windows, doors, signs and other appurtenant fixtures, features, details or elements relating to such building, structure or object.

"Historic district" means an area designated by the city council as an historic district pursuant to the criteria established in Section 16.52.120 of this chapter.

"Historic property or landmark" means a building, structure, site, or object, including the adjacent area necessary for the proper appreciation or use thereof, designated by the city council as an historic property or landmark pursuant to the criteria established in Section 16.52.120 of this chapter.

"Material change in appearance" means a change that will affect only the exterior architectural features of a historic property or of any structure, site, or work of art within a historic district and may include any one or more of the following:

1.

A reconstruction or alteration of the size, shape, or facade of a historic property, including relocation of any doors or windows or removal or alteration of any architectural features, details, or elements;

2.

Demolition of a historic property;

3.

Commencement of excavation;

4.

A change in the location of advertising on any historic property visible from the public right-of-way; or

5.

The erection, alteration, restoration, or removal of any building or other structure within a designated historic district, including walls, fences, steps, and pavements, or other appurtenant features of a building or structure, except exterior paint alterations.

"New construction" means construction of any building or structure upon any property within an historic district or designated historic property.

"Object" means a material thing of functional, aesthetic, cultural, historic or scientific value that may be, by nature or design, movable yet related to a specific setting or environment.

"Site" means the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself maintains historic or archaeological value regardless of the value of any existing structure.

"Structure" means a thing constructed of independent and interrelated parts, such as a building or bridge.

(Ord. dated 6/30/08 (part))

There is created a commission whose title shall be "Covington historic preservation commission."

(Ord. dated 6/30/08 (part))

The commission shall be part of the planning functions of the city, and may be consulted by the planning commission concerning plans and actions affecting historic properties and districts.

(Ord. dated 6/30/08 (part))

The commission shall consist of nine members appointed by the mayor and council. All members shall be residents of the city, a majority of whom shall be persons who have demonstrated special interest, experience, education or aptitude in history, architecture or historic resource preservation.

Members shall serve three-year terms. Members may not serve more than two consecutive terms. In order to achieve staggered terms, initial appointments shall be: three members for one year; three members for two years; and three members for three years. Members shall not receive a salary, although they may be reimbursed for expenses. Active participation and attendance at scheduled meetings, unless excused, is a requisite for continuing membership.

The mayor and city council may also appoint an advisory committee to assist the commission in research and public education.

(Ord. dated 6/30/08 (part))

The commission shall be authorized to:

A.

Prepare and maintain an inventory of all property within the city having the potential for designation as historic property;

B.

Recommend to the mayor and city council specific places, districts, sites, buildings, structures or objects to be designated by ordinance as historic properties or historic districts;

C.

Review applications for certificates of appropriateness, and consult with applicants with respect to same and grant or deny such applications in accordance with the provisions of this chapter;

D.

Recommend to the mayor and city council that the designation of specific places, districts, sites, buildings, structures or objects as an historic property or as an historic district be revoked or removed;

E.

Restore or preserve any historic properties acquired by the city;

F.

Promote the acquisition by the city of facade easements and conservation easements in accordance with the provisions of the Georgia Uniform Conservation Easement Act, O.C.G.A. Section 44-10-1, et seq.;

G.

Conduct educational programs or general activities on preservation of historic properties;

H.

Make such investigations and studies of matters relating to historic preservation, including consultation with experts, which the mayor and city council or the commission may deem necessary or appropriate for the purposes of preserving historic resources;

I.

Seek out local, state, federal or private finds for historic preservation, and make recommendations to the mayor and city council concerning the most appropriate use of any funds acquired;

J.

Submit to the Division of Historic Preservation of the Department of Natural Resources a list of designated historic properties or historic districts and submit nominations of properties to be included in the National Register of Historic Places;

K.

Employ persons to carry out the responsibilities of the commission;

L.

Receive donations, grant funds or gifts for acquiring, preserving or restoring historic properties and negotiate the sale of historic properties. The commission shall not have the power to obligate the city without prior consent from the mayor and city council;

M.

Participate in private, state and federal historic preservation programs and, with the consent of the city council, enter into agreements;

N.

Seek professional technical advice from sources other than its membership on any application for designation as an historic district or historic property or for a certificate of appropriateness; and

O.

Develop and promulgate administrative guidelines to facilitate the exercise of the commission's authority and responsibilities under the provisions of this chapter.

(Ord. dated 6/30/08 (part))

The commission shall develop (i) by-laws and rules and standards for the transaction of its business, (ii) design guidelines and criteria for historic districts and historic properties, including any variations applicable to each historic district, (iii) guidelines and criteria for consideration of applications for certificates of appropriateness, and (iv) rules and procedures for amendments thereto. The guidelines for consideration of application for certificates of appropriateness approved by the commission shall provide that the commission shall approve any application for certificate of appropriateness and issue such certificate if it finds that the proposed material change in appearance would not have a substantial adverse effect on the esthetic, historical, or architectural significance and value of the historic property or the historic district. The guidelines shall further provide that, in making this determination, the commission shall consider, in addition to any other pertinent factors, the historical and architectural value and significance, architectural style, general design, arrangement, texture, and material of the architectural features involved, and the relationship thereof to the exterior architectural style and pertinent features of other structures in the immediate neighborhood.

(Ord. dated 6/30/08 (part))

The commission shall be subject to all conflict of interest, open meetings and open records laws set forth in Georgia statutes applicable to local governing bodies.

(Ord. dated 6/30/08 (part))

The commission shall have the authority to accept donations and shall insure that such funds do not displace appropriated government funds.

(Ord. dated 6/30/08 (part))

The commission shall compile and collect information and conduct surveys of historic resources with the city.

(Ord. dated 6/30/08 (part))

A.

Prior to recommendation of proposed designated historic districts or properties to the mayor and city council for designation, the commission shall prepare and submit to the mayor and city council a nomination report consisting of:

1.

A physical description;

2.

A statement of the historical, cultural, architectural and/or aesthetic significance;

3.

A map showing district boundaries and classification (i.e., contributing or noncontributing) of individual properties therein, or showing boundaries of individual historic properties;

4.

A statement justifying district or individual property boundaries; and

5.

Representative photographs.

B.

Not later than thirty (30) days prior to any recommendation of an ordinance for such designation the commission shall submit a copy of the nomination report to the Division of Historic Preservation of the Georgia Department of Natural Resources.

(Ord. dated 6/30/08 (part))

Properties which qualify for designation as historic districts are geographically definable areas which contain buildings, structures, sites, objects, and landscape features, or a combination thereof, which:

A.

Have special character or special historic or aesthetic value or interest; or

B.

Represent one or more periods, styles or types of architecture typical of one or more eras in the history of the city, county, state or region; and

C.

Cause such areas by reason of such factors, to constitute a visibly perceptible section of the city.

(Ord. dated 6/30/08 (part))

Boundaries of historic districts shall be included in the separate ordinances designating such districts, shall be shown on the city's official zoning map as well as the tax maps of the city, and shall be specifically delineated in any notice published in connection with the designation process.

(Ord. dated 6/30/08 (part))

Individual properties within historic districts shall be classified as:

A.

Contributing. Contributes to the historic district as provided in Section 16.52.150 of this chapter and is at least fifty (50) years old. Provided, however, that properties which meet the criteria set forth in National Register Bulletin No. 22, Guidelines for Evaluating and Nominating Properties That Have Achieved Significance Within the Last 50 Years (Gov. Doc. 129.76/3:22) may also qualify as contributing properties.

B.

Noncontributing. Does not contribute to the historic district as provided in Section 16.52.150.

(Ord. dated 6/30/08 (part))

Historic properties or landmarks may be buildings, structures, sites, or objects including the adjacent area necessary for the proper appreciation or use thereof, deemed worthy of preservation by reason of value to the United States, the state of Georgia, Newton County, or the city, for one of the following reasons:

A.

It is an outstanding example of a structure representative of its era;

B.

It is one of few remaining examples of a past architectural style;

C.

It is a place or structure associated with an event or person of historic or cultural significance to the city, Newton County, the state of Georgia, or the region; or

D.

It is a site of natural or aesthetic interest that is continuing to contribute to the cultural or historical development and heritage of the city, Newton County, the state of Georgia or the region.

(Ord. dated 6/30/08 (part))

Designations of historic districts or historic properties may be proposed by the mayor and city council, the commission. Property owners, neighborhood associations or historical societies may also apply to the commission to propose a designation of an historic property or historic district.

(Ord. dated 6/30/08 (part))

An ordinance designating any historic property or district shall:

A.

List each property in a proposed historic district or describe the proposed individual historic property;

B.

Set forth the names of the owner(s) of the designated property or properties;

C.

Require that a certificate of appropriateness be obtained from the commission prior to any material change in appearance of the designated property; and

D.

Require that the property or district be shown on the official zoning map of the city and kept as a public record to provide notice of such designation.

(Ord. dated 6/30/08 (part))

The commission shall hold a public hearing on any proposed designation of any historic district, property or landmark. Notice of the hearing shall be published in at least three consecutive weekly issues in the official publication of the city during the three calendar weeks next preceding the week in which such hearing is scheduled. Written notification of the hearing shall be mailed by United States mail to the owner and occupant of such property or landmark not less than ten (10) not more than twenty (20) days prior to the date of the public hearing. A notice sent via the United States mail to the last known owner of the property at the address shown in the Newton County tax records and a notice sent via United States mail to the address of the property to the attention of the occupant shall constitute due legal notification to the owner and occupant, respectively.

(Ord. dated 6/30/08 (part))

A recommendation to affirm, modify or withdraw the proposed ordinance for designation shall be made by the commission within fifteen (15) days following the public hearing and shall be in the form of a nomination report transmitted to the mayor and city council.

(Ord. dated 6/30/08 (part))

Following receipt of the commission's recommendation, the city council may adopt the ordinance as proposed, may adopt the ordinance with any amendments it deems necessary, or reject the ordinance.

(Ord. dated 6/30/08 (part))

Within thirty (30) days next following the adoption of an ordinance for designation, the owners and occupants of each designated historic property, and the owners and occupants of each structure or site located within a designated historic district, shall be given written notification of such designation, which notification shall apprize the owners and occupants of the necessity of obtaining a certificate of appropriateness prior to undertaking any material change in appearance of the designated historic property or within the designated historic district. A notice sent via United States mail to the last known owner of the property as shown on the Newton County tax digest and a notice sent via United State mail to the address of the property to the attention of the occupant shall constitute due legal notification to the owner and occupant.

(Ord. dated 6/30/08 (part))

The commission shall notify the planning and zoning department of the city of the adoption of ordinance for designation.

(Ord. dated 6/30/08 (part))

During the period an ordinance for designation as an historic district or an historic property is being considered, the commission shall have the power to declare a moratorium on alteration or demolition of such property.

(Ord. dated 6/30/08 (part))

After the designation by ordinance of an historic property or of an historic district no material change in the appearance of such historic property, or of a contributing or noncontributing property within such historic district, shall be made or building permit issued for same unless or until a certificate of appropriateness has been obtained from the commission. The building official may issue a certificate of appropriateness exemption for the erection, alteration, restoration, or removal of any accessory structures, fences, walls, steps and pavements or in cases where the building official finds that no material change in appearance is involved.

(Ord. dated 6/30/08 (part))

An application for a certificate of appropriateness shall be made on a form provided by the commission or staff and shall be accompanied by such drawings, photograph, plans and documentation as required by the commission. The application shall be filed with the planning and zoning office not less than thirty (30) days prior to the next regularly scheduled meeting.

(Ord. dated 6/30/08 (part))

In its review of applications for certificates of appropriateness, the commission shall not consider interior arrangements or uses having no effect on exterior architectural features.

(Ord. dated 6/30/08 (part))

At least fifteen (15) days prior reviewing an application for a certificate of appropriateness, the commission shall cause to be erected in a conspicuous place on the property in question, a sign which shall read substantially as follows:

Notice to the Public

The owner of this property has filed an application for a Certificate of Appropriateness with the City of Covington Historic Preservation Commission. A public (insert hearing or meeting) will be held at the Covington Planning and Zoning Office located at 2116 Stallings Street, Covington, Georgia, on (insert date) at (insert time). All interested parties should attend.

The applicant and interested parties shall be given an opportunity to be heard before the historic preservation commission. In cases where the commission deems it necessary, it may hold a public hearing concerning the application. In addition to posting the aforementioned sign, notices of such public hearing shall be published and mailed to the applicant and owners of property within two hundred (200) feet and a notice shall be published within a newspaper of general circulation within the territorial boundaries of the city of the hearings before the historic planning commission. The notice shall state the time, place, and purpose of each hearing.

(Ord. dated 6/30/08 (part); Ord. dated 5/5/25, § 1)

A.

The commission may approve, reject or modify an application for issuance of a certificate of appropriateness.

B.

The commission shall issue a certificate of appropriateness for proposed changes in appearance if such changes conform in design, scale, building material, setback and site features to the United States Secretary of the Interior's Published Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings or such other guidelines as may from time to time be adopted pursuant to Section 16.52.070 of this chapter.

C.

A decision by the commission approving or denying an application for a certificate of appropriateness for the relocation on of a building, structure, site or object shall be guided by:

1.

The historic character and aesthetic interest on of such property's contribution to its present setting;

2.

Whether there are definite plans for the area to be vacated and what effect of those plans will have on the character of the surrounding area;

3.

Whether the building, structure or object can be moved without significant damage to its physical integrity; and

4.

Whether the proposed relocation area is compatible with the historical and architectural character of the property.

D.

A decision by the commission approving or denying an application for a certificate of appropriateness for the demolition of a building, structure, site, object or landscape feature shall be guided by:

1.

Its historic, scenic or architectural significance;

2.

Its importance to the ambiance of an historic property or district;

3.

The difficulty or the impossibility of reproducing such property because of its design, texture, material, detail or unique location;

4.

Whether the property is one of the last remaining examples of its kind in the neighborhood or city;

5.

Whether there are definite plans for use of the property if the proposed demolition is carried out, and what effect such use would have on the character of the surrounding area;

6.

Whether reasonable measures can be taken to save the property from collapse; and

7.

Whether the property is capable of earning reasonable economic return on its value.

E.

A decision by the commission approving or denying an application for a certificate of appropriateness for proposed new construction shall be guided by:

1.

The relationship of the proposed construction to the existing and historic character of the public streetscape;

2.

Visual compatibility with existing buildings in the immediate neighborhood;

3.

Adherence to vernacular building traditions of Covington; and

4.

Whether the property is a site as defined in this chapter.

(Ord. dated 6/30/08 (part))

When, by reason of unusual circumstances, the strict application of any provision of this chapter would result in exceptional practical difficulty or undue economic hardship upon any owner or occupant of a specific property, the commission shall have the power to:

A.

Vary or modify strict adherence to said provisions, or to interpret the meaning of said provisions, so as to relieve such difficulty or hardship; provided such variances, modifications or interpretations shall remain in harmony with the general purpose and intent of said provisions, such that the architectural or historical integrity or character of the property shall be conserved and substantial justice done; and

B.

Grant variances or impose such reasonable and additional stipulations and conditions as will, in the commission's judgment, best fulfill the purpose of this chapter when such hardship is not the result of such owner's or occupant's action or failure to act.

(Ord. dated 6/30/08 (part))

A.

The commission shall have forty-five (45) days after the filing of an application to approve or deny the issuance of a certificate of appropriateness. Written notice of such issuance or denial shall be sent by first class United States mail to the applicant.

B.

Failure of the commission to act within said forty-five (45) day period shall constitute approval of the application, and no other evidence of approval shall be required.

C.

Final Action. Evidence of approval shall be by certificate of appropriateness issued by the preservation commission. Notice of the issuance or denial of a certificate of appropriateness shall be sent to the applicant and all other persons who have filed a written request for such notice with the preservation commission.

In the event the preservation commission rejects an application, it shall state its reasons for doing so, and shall transmit a record of such actions and reasons, in writing, to the applicant. The preservation commission may suggest alternative courses of action if it disapproves of the application submitted. The applicant may make modifications to the plans and may resubmit the application at any time after doing so.

In cases where the application covers a material change in the appearance of a structure, which would require the issuance of a permit of any kind, the rejection of the application for a certificate of appropriateness by the preservation commission shall be binding upon the planning and zoning department and no permit shall be issued.

(Ord. dated 6/30/08 (part))

All work performed pursuant to an issued certificate of appropriateness shall conform to the requirements of such certificate. In the event work is performed not in accordance with such certificate, the commission shall issue a cease and desist order and all work shall cease. The city shall be authorized to institute any appropriate action or proceeding in a court of competent jurisdiction to prevent any material change in appearance of a designated historic property or district, except those changes made in compliance with the provisions of this chapter, or to prevent any other illegal act or conduct with respect to such historic property or historic district.

(Ord. dated 6/30/08 (part))

A certificate of appropriateness shall become void unless construction or other activity authorized thereunder is commenced within six months of the date of issuance. Certificates of appropriateness shall be valid for a period of eighteen (18) months from the date of issuance and may be renewable for good cause shown at the commission's discretion.

(Ord. dated 6/30/08 (part))

The commission may, where such action is authorized by the city council, when reasonably necessary or appropriate for the preservation of a unique historic property, negotiate for the acquisition of such property or any interest therein by the city by gift, purchase, exchange, or otherwise.

(Ord. dated 6/30/08 (part))

Any person adversely affected by the action of the commission relative to the issuance or denial of a certificate of appropriateness may appeal such recommendations to the mayor and city council. Written notice of such appeal must be filed in the office of the city clerk within thirty (30) days next following the date such action is taken by the commission, and a hearing on such appeal shall be held not later than the second regularly scheduled meeting of the mayor and city council next following the filing of such appeal. It shall be the responsibility of the city clerk to place said hearing on the appropriate meeting agenda and to provide the appellant with written notice of the hearing date and time by first class mail deposited with the U. S. Postal Service not later than five calendar days prior to said hearing date unless the appellant executes and delivers to the city clerk a written waiver of said notice. The city may approve, modify, or reject the decision made by the commission. Appeals from decisions of the city pursuant to this chapter may be taken to the superior court of Newton County, Georgia, in the manner provided by law for appeals from convictions for municipal ordinance violations.

(Ord. dated 6/30/08 (part))

Ordinary maintenance or repair of any exterior architectural or environmental feature in or on an historic property to correct deterioration, decay or damage, or to sustain the existing form, which does not involve a material change in design, building material or outer appearance thereof, shall not require a certificate of appropriateness.

(Ord. dated 6/30/08 (part))

Owners of historic properties or properties within historic districts shall not allow their buildings to deteriorate by failing to provide ordinary maintenance or repair. The commission shall be charged with the following responsibilities regarding deterioration by neglect:

A.

The commission shall monitor the condition of designated historic properties to determine whether they are being provided with ordinary maintenance and repair. Such conditions as broken windows, doors and openings which allow the elements and vermin to enter, or the deterioration of a building's structural system shall constitute failure to provide ordinary maintenance or repair.

B.

If the commission determines that a failure to provide ordinary maintenance or repair has occurred, it shall provide written notice by first class United States mail to the owner of the property, setting forth the steps necessary to remedy such failure and the owner shall have one hundred twenty (120) days from receipt of such notice in which to complete the required maintenance or repairs.

C.

If the required maintenance or repair has not been completed within the said one hundred twenty (120) day period the matter shall be referred to the city housing inspector.

(Ord. dated 6/30/08 (part))

Nothing in this chapter shall be construed as exempting property owners from compliance with existing city building and zoning codes, or as preventing any property owner from making any use of his property not prohibited by other statutes, ordinances or regulations.

(Ord. dated 6/30/08 (part))

Violations of any provisions of this shall be punished in the manner provided in Section 1.12.010 of this code.

(Ord. dated 6/30/08 (part))

In the event that any section, subsection, sentence, clause or phrase of this chapter shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, sentences, clauses, or phrases of this chapter, which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof.

(Ord. dated 6/30/08 (part))

Subject to the limitations of O.C.G.A. Section 45-9-21(b), the city council shall undertake to defend all civil, criminal, or quasi-criminal actions brought or maintained against members of the commission arising out of the performance of their duties reasonably connected therewith, whether based upon negligence, violation of contract rights, or violation of civil, constitutional, common law, or statutory rights and shall indemnify members of the commission against personal liability for damages arising from such actions.

The city council shall reimburse reasonable costs of defense incurred by any commission member charged with any criminal offense enumerated in O.C.G.A. Section 45-9-21(c) arising out of the performance of his duties if such person is found not guilty of such crime or if the against such person are dismissed or nolle prossed.

(Ord. dated 6/30/08 (part))