Areas of the city designated as "Historic Overlay Districts," but not designated as "Local Historic Properties" or "Local Historic Districts" specifically by local historic property or local historic district designation ordinances (and therefore under the jurisdiction of the historic preservation commission) fall under the jurisdiction of the design review board. An application for design review approved by the design review board shall be required before a building permit is issued on any improvement, grading, alteration of land or alteration of the exterior of any building commences, for all structures and uses in the Historic Overlay District (HOD).

(1)

An Historic Overlay District (HOD). An Historic Overlay District (HOD) may overlap other districts on the official zoning district map. Pursuant to the establishment of a design review board and the city commission's adoption of an historic overlay district ordinance, the design review board shall review all proposed new construction, development, exterior remodeling (other than ordinary maintenance), re-occupancy and/or demolition within the Historic Overlay District (HOD), and shall approve or deny all such construction, development, exterior remodeling, re-occupancy and/or demolition in accordance with the requirements as set forth in this section.

(2)

Intent and purpose. The intent and purpose of an historic overlay district ordinance is to provide procedures and standards for review and approval of site, landscaping, and exterior architectural design plans for development within the Historic Overlay District (HOD) in order to ensure that such development complies with the provisions of this section and meets design, development and preservation policies adopted by the city in order to:

a.

Enhance and preserve the aesthetic qualities of the city as an attractive and progressive community;

b.

Protect and maintain the value of existing buildings and property;

c.

Ensure architectural harmony between buildings and landscaping in order to promote and protect the aesthetic qualities of the city;

d.

Lessen traffic congestion and minimize traffic safety problems;

e.

Minimize any adverse impacts of new development on existing uses through provisions of screening, buffering, landscaping and other techniques;

f.

Protect public investment by mitigating impacts generated by new development on existing public facilities and utilities; and

g.

Enhance economic opportunities by maintaining the city as an attractive community for prospective developers, businesses and residents.

(3)

Application for design review. An application for design review approved by the design review board shall be required before a building permit is issued on any improvement, grading, alteration of land or alteration of the exterior of any building commences, for all structures and uses in the Historic Overlay District (HOD).

(4)

Approval of application for design review duration and extension. Approval of applications for design review submitted under the provisions of this section shall expire or be extended subject to the same provisions for building permits.

(5)

Pre-application meeting. Prior to the submittal of an application for design review, the applicant may meet with the building inspector and/or the design review board. The purpose of this informal meeting is to ensure the developer's understanding of this section and to inform the applicant of community design policies and standards and to provide an opportunity for review of any preliminary drawings and site plans.

(6)

Application for design review requirements. The specific administration requirements for any pre-application and final application for design review shall be established by the city; however, the application shall contain at least the following three elements, as applicable:

a.

Site analysis. A site analysis, with appropriate topographic data, shall include information on significant manmade and natural features and features to be retained, moved or altered;

b.

Site plan. A site plan at an appropriate scale with accompanying supporting information shall include information on proposed improvements, including internal circulation and parking, landscaping, grading, lighting, drainage, and amenities; and

c.

Architectural design. The architectural design element shall include scaled elevation drawings of proposed structures and information on building materials, colors, and items affecting exterior appearance, such as signs, air conditioning, grills, compressors and similar features. Applicants may use the Historic Preservation Design Guidelines created by the city historic preservation commission and the city as an informal guide, however, the design review board may develop its own specific requirements in addition to those contained in this section.

(7)

Application review. An application for design review shall be submitted in triplicate to the building inspector for review to ensure compliance with provisions of this section and for transmission of two copies to the design review board for review and final action. After the application for design review is submitted and accepted, the chairperson of the design review board shall call a formal meeting within 15 days of the application acceptance. Within 72 hours after the date of formal review meeting, the design review board shall take final action on the application for design review. If the design review board shall fail to take final action upon the application, the application shall be deemed to be approved. The design review board may extend this deadline if requested by the applicant. When circumstances necessitate, the design review board may defer action on an application until its next regularly scheduled meeting, but under no circumstances shall a deferment exceed this provision.

(8)

Decision of the design review board. The design review board shall take final action by rendering one of the following decisions on the applications for design review:

a.

Approval. The applicant shall be authorized to file for appropriate building permits in accordance with the application for design review. Upon approval of the application, the chairperson of the design review board shall notify the building inspector of the approval and transmit a copy of the approved application, with any conditions noted, to the building inspector;

b.

Conditional approval. The applicant shall be authorized to file for appropriate building permits with approved conditions or modifications to the application. Conditions imposed by the design review board shall be to achieve public purposes and shall still permit the developments as accorded high-quality similar developments within the city; or

c.

Denial. The applicant shall not be granted a building permit. The design review board shall specify in writing to the applicant and city commission the reasons for denial. The reasons for denial shall be negative impacts on the environment, property values, surrounding properties, or public health, safety and welfare.

(9)

Enforcement. All exterior architectural design and landscaping and other on-site improvements shall be completed in accordance with the approved application. The building inspector shall make periodic field inspections as required. If a violation is found to exist, the building inspector shall take immediate appropriate action to ensure compliance. No certificate of occupancy shall be issued unless all on-site improvements, landscaping, and exterior building facades are completed (or guaranteed through the posting of an acceptable performance bond) in accordance with the approved application. A temporary certificate of occupancy may be issued not to exceed 30 days wherein the on-site improvements can be completed within that timeframe and such conditions present no safety hazard.

(10)

Waiver. The design review board may waive administrative requirements of this section as needed to facilitate the review process, where such requirements are inappropriate or unnecessary.

(11)

General architectural requirements. The general architectural requirements listed in this section are minimum aesthetic standards for structures within the Historic Overlay District (HOD) regulated by the provisions of this section. These requirements shall be used by the design review board in reviewing applications and architectural design plans and drawings, and may be supplemented by specific architectural design policies and standards, as established by the design review board and approved by the city commission.

a.

It shall not be the intent of the architectural requirements of this section to prescribe a narrow range of exterior architectural design choices, but rather to encourage well-designed structures compatible with existing high-quality development in the immediate vicinity and in the surrounding area, and to prohibit poor-quality, garish, and/or incompatible design, which would have adverse effects on public and private investment; and

b.

Each application for design review shall be reviewed by the design review board, based upon, but not limited to, the following policies and standards:

1.

Design shall be in harmony with the general character of developments of high-quality in the immediate vicinity and the surrounding area, considering factors such as mass, building materials, placement, height, changing land use patterns, and consistency of exterior architectural treatment;

2.

Design components shall be planned in such a fashion that they are physically and aesthetically related and coordinated with other elements of the project and surrounding environment to ensure visual continuity of design;

3.

Design shall protect scenic views, particularly those of open space, and utilize natural features of the site;

4.

Design shall protect adjacent properties from negative visual and functional impacts; and

5.

All exterior forms, attached to buildings or detached, shall be in conformity to and secondary to the building.

(12)

General landscaping requirements. The landscaping requirements listed in this section are the minimum design standards for all development regulated under the provisions for the Historic Overlay District (HOD). These requirements shall be used by the design review board and the building inspector in reviewing applications and site plans, and may be supplemented by specific landscaping standards and specifications established by the design review board and approved by the city commission.

a.

Landscape design and planning shall be integrated with the overall design concept for the project; therefore, the design review board shall evaluate landscaping schemes as to their relationship to buildings and structures, as well as to the existing natural and developed landscapes, and to other adjacent landscaping on private property and public rights-of-way;

b.

Existing tree cover and natural vegetation shall be preserved, whenever possible, or, at the applicant's option, replaced with suitable vegetation;

c.

Landscaping or privacy fences shall be used whenever possible to screen objectionable views or nuisances which are visible from the roadway, such as service areas, refuse containers, air conditioning units, transformers, and similar features;

d.

Grassed areas shall be of sod or seeded with a variety suitable to the area that produces complete, permanent coverage;

e.

No artificial plants, trees, or other vegetation shall be installed;

f.

All landscaped areas shall be provided with a sprinkler system or readily available water supply; and

g.

All landscape design shall incorporate recommended best management practices (BMPs) for water conservation.

(13)

Tree requirements. The following tree and planting and maintenance requirements shall be met within the Historic Overlay District (HOD):

a.

Except as otherwise required by this section and to meet specific community design policies established by the city, trees shall be planted and/or retained in areas of the site to enhance the overall project design and to provide such amenities as visual attractiveness, natural resources protection and energy conservation;

b.

All retained or planted trees shall be protected or situated so as to prevent damage from environmental changes resulting from any building or other improvement; and

c.

The design review board may vary the minimum landscaping and tree requirements of this section, if specific circumstances and/or site conditions warrant such actions.

(14)

Agreement and bonding. Prior to issuance of a certificate of occupancy, the developer or owner may be required to post a performance bond or cash escrow guaranteeing all landscaping materials and work for a period of one year after approval or acceptance thereof by the city in a sum established by the design review board, if specific circumstances and/or conditions warrant such action (such as intentional failure on the part of the owner or developer to comply with these provisions on a prior occasion or occasions). Such bond shall be in the amount of 100 percent of the estimated cost of replacing all landscaping required in the approved design plan. At the end of one year, the building inspector shall make an inspection and notify the owner or developer and the bond company of any replacements/corrections required to be made.

(15)

Maintenance. The owner shall be responsible for the maintenance and protection of all landscaping and other features of the design plan approved by the design review board.

(16)

Appeals. Any party aggrieved by the decision of the design review board shall be entitled to file an appeal with the governing body.

a.

Said appeal must be addressed and submitted in writing to the mayor and city commission;

b.

Said appeal shall set forth each and every basis upon which the application was approved or denied, and shall set forth each and every reason that the approval or denial should be overruled;

c.

The governing body shall then set a time and date at the next regular meeting of the city commission whereby the aggrieved party may come before it and submit proof to the city commission that the approval or denial is improper;

d.

The city commission shall afford the applicant sufficient time in which the applicant may address each reason that said aggrieved party contends the design review board was in error. The city commission shall then hear from a representative of the design review board as to why said application was originally approved or denied, and what positive or negative impact said structures would have on the city;

e.

The city commission may question the aggrieved party, the applicant and/or the design review board representative in order to clarify or expand upon the position taken by the aggrieved party, applicant and/or the design review board; and

f.

Thereafter, the mayor and city commission shall vote and decide whether to overrule the initial decision of the design review board or whether to permit the decision of the design review board to stand.

(Code 1993, pt. III, ch. 4, § 1)

State Law reference— Historic preservation, O.C.G.A. § 44-10-20 et seq.

Areas of the city designated as "Local Historic Properties" or "Local Historic Districts" specifically by local historic property or district designation ordinances fall under the jurisdiction of the historic preservation commission. The process for recommendation and designation of local historic properties and local historic districts is contained in chapter 109, article II. A certificate of appropriateness approved by the historic preservation commission shall be required before a building permit is issued in these areas.

(1)

Purpose.

a.

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 citizens of the city;

b.

In order to stimulate revitalization of the business districts and historic neighborhoods and to protect and enhance local historical and aesthetic attractions to tourists and thereby promote and stimulate business;

c.

In order to enhance the opportunities for federal or state tax benefits under relevant provisions of federal or state law;

d.

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; and

e.

Now, therefore, the mayor and board of commissioners of the city hereby declare it to be the purpose and intent of this section and this article, to establish a uniform procedure for use in providing for the protection, enhancement, perpetuation and use of places, districts, sites, buildings, structures, objects, and landscape features having a special historical, cultural or aesthetic interest or value, in accordance with the provisions of the this section and this article.

(2)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Building means a structure created to shelter any form of human activity, such as a house, barn, church, hotel or similar structure. The term "building" may refer to an historically related complex such as a courthouse and jail or a house and barn.

Certificate of appropriateness means a document evidencing 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.

Exterior architectural feature means an architectural style, general design and general arrangement of the exterior of a building, structure or object, including, but not limited to, the kind or texture of the building material and the type and style of all windows, doors, signs and other appurtenant architectural fixtures, features, details or elements relative to the forgoing, as more fully described in the Historic Preservation Design Guidelines for the city, a copy of which is identified as appendix "A" of the ordinance from which this section is derived.

Exterior environmental features means all those aspects of the landscape or the development of a site which affect the historic character of the property.

Historic property means an individual building, structure, site, or object including the adjacent area necessary for the proper appreciation thereof designated by the city commission as an historic property.

Historical (or historic) district means a geographically definable area, possessing a significant concentration, linkage, or continuity of sites, buildings, structures or objects united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history. An historical district shall further mean an area designated by the city commission as an historic district.

Material change in appearance means a change that will affect either the exterior architectural or environmental features of an historic property or any building, structure, site, object, or landscape feature within an historic district, such as:

1.

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

2.

Demolition or relocation of an historic structure;

3.

Commencement of excavation for construction purposes;

4.

A change in the location of advertising visible from the public right-of-way; or

5.

The erection, alteration, restoration or removal or any buildings or other structure within an historic property or district, including walls, fences, steps and pavements, or other appurtenant features.

Object means a material thing of functional, aesthetic, cultural, historical 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 historical occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself maintains historical or archaeological value regardless of the value of any existing structure.

Structure means a work made up of interdependent and interrelated parts in a definite pattern of organization. Constructed by man, it is often an engineering project large in scale.

(3)

Application to the historic preservation commission for a certificate of appropriateness.

a.

Approval of material change in appearance in historic districts or involving historic properties. 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 an historic or non-historic building, structure, site or object within such an historic district, shall be made or be permitted to be made by the owner or occupant thereof, unless or until the application for a certificate of appropriateness has been submitted to and approved by the commission.

b.

Submission of plans to the historic preservation commission. An application for a certificate of appropriateness shall be accompanied by drawings, photographs, plans and documentation required by the historic preservation commission as further set forth on the application for certificate of appropriateness attached thereto as appendix "C" of the ordinance from which this section is derived.

c.

Additional submissions needed for demolition consideration. In addition to the normal application for certificate of appropriateness, if a demolition is requested, the additional items below are required:

1.

A consultation with the historic preservation commission prior to the submission of a demolition request is required to discuss viable alternatives to demolition;

2.

Documentation of economic hardship, including a financial report detailing the cost of rehabilitation and evidence that the existing building is incapable of producing a reasonable economic return on the investment;

3.

If the request for demolition is based on structural instability or deterioration, a technical report prepared by a preservation architect or professional engineer with knowledge of historic building construction should be submitted which details the nature and extent of the specific problems and provides accurate costs estimates for their correction; and

4.

A complete plan for the new development proposed on the site should be submitted.

(i)

To be included. Such a plan should include a timetable, a budget for both the demolition and new construction, plans for the proposed treatment of the site and satisfactory evidence that adequate financing is available.

(ii)

Cases where plans should relate to district, not building. In cases of demolition when a building has lost its integrity of design, and its removal would result in a positive effect on the district, plans for new construction should relate to the historic district rather than the existing building.

(iii)

Timing. Applications for certificates of appropriateness must be submitted at least ten days prior to the next scheduled meeting of the historic preservation commission.

(iv)

Interior alterations. In its review of applications for certificates of appropriateness, the historic preservation commission shall not consider interior arrangement or use having no effect on exterior architectural features.

(v)

Technical advice. The historic preservation commission shall have the power to seek technical advice from outside its members on any application.

(vi)

Public hearings on applications for certificates of appropriateness, notices, and right to be heard. The historic preservation commission shall hold a public hearing at which each proposed certificate of appropriateness is discussed. Notice of the hearing shall be published in the principal newspaper of local circulation in the city and written notice of the hearing shall be mailed by the historic preservation commission to all owners and occupants of the proposed property. The written and published notice shall be provided in the same manner and timeframe as notices are provided before a public hearing for rezoning. The historic preservation commission shall give the property owners (including those property owners likely to be affected materially) and/or the applicants an opportunity to be heard at the certificate of appropriateness hearing.

(vii)

Acceptable historic preservation commission reaction for certificate of appropriateness. The historic preservation commission may:

A.

Approve the certificate of appropriateness as proposed;

B.

Approve the certificate of appropriateness with any modifications it deems necessary; or

C.

Reject it.

(viii)

Modifications and/or mitigation. The historic preservation commission may approve a certificate of appropriateness based on modifications or mitigation that it sees fit, including, but not limited to:

A.

Requiring the applicant to adequately document the historic building in its original setting through photographs and/or measured drawings prior to demolition. In such cases, the historic preservation commission will review all recorded materials to ensure thorough documentation prior to granting a certificate of appropriateness for demolition;

B.

Only allowing the limited removal of structurally unsound construction on a building, in the interest of public safety, instead of the demolition of structurally sound additions which are not original to the building, but are significant examples of an accepted academic style and have become historic in their own right (50 years of age or older).

(4)

Approval of certificates of appropriateness. The historic preservation commission shall approve the application and issue a certificate of appropriateness if it finds that the proposed material changes in the appearance would not have a substantial adverse effect on the aesthetic, historic, or architectural significance and value of the historic property or the historic district. In making this determination, the historic preservation commission shall consider, in addition to any other pertinent factors, the following criteria for each of the following acts:

a.

Reconstruction, alteration, new construction or renovation. The historic preservation commission shall issue certificates of appropriateness for the above proposed actions if those actions conform in design, scale, building material, setback and landscaping, as further specified in the Historic Preservation Design Guidelines for the city, a copy of which is attached as appendix "A" of the ordinance from which this section is derived and to the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings attached as appendix "D" of the ordinance from which this section is derived and hereby incorporated by reference. As appropriate, the historic preservation commission may utilize the Secretary of the Interior's Standards for Preservation, Standards for Restoration and/or Standards for Reconstruction. Also to include:

1.

Conformity of setback of nearby buildings;

2.

Maintenance of existing relationship between buildings and open spaces;

3.

Unobtrusiveness of parked vehicles from the street;

4.

Signage (if any) complimentary to the style of the buildings and the district;

5.

Maintenance of the existing pattern of landscape features;

6.

Fencing or screening (if any) compatible to the district;

7.

Entrance of building being oriented in the same direction as those of nearby buildings;

8.

Retention of original features;

9.

Prevention of false historic features being added to the building;

10.

Retention of additions or changes over 50 years of age;

11.

Preservation of examples of historic craftsmanship;

12.

Repair, instead of replacement, of historic features, if possible;

13.

Avoidance of harsh cleaning methods;

14.

The likelihood of the proposal helping the long-term physical condition of the building, trees, landscape and/or other buildings;

15.

Conformance of the height and width to nearby buildings;

16.

Compatibility of the proportion and size of features to that of existing buildings;

17.

Similarity of window and door openings patterns to that of nearby buildings;

18.

Materials proposed being of common type to the district;

19.

Features used typical of the district;

20.

Style complimentary of other buildings within the district;

21.

Contribution of project to the overall existing character of the district;

22.

Conformance (if appropriate) with Design Guidelines to Protect Residential Rehabilitation Components concerning signs, roofs, windows, doors, porches, mechanical equipment, walls, foundations, landscaping, sidewalks, fences, garage and accessory buildings, exterior lighting, yard features, walkways and driveways;

23.

Conformance (as appropriate) with Design Guidelines for Historic Building Materials such as wood, masonry, and architectural metals;

24.

Conformance (if appropriate) with Design Guidelines to Protect Commercial Rehabilitation concerning storefronts, awnings and canopies, walkways and driveways, signage, adaptive use, parking and landscaping; and

25.

Conformance (as appropriate) with Design Guidelines for New Additions and Construction Additions concerning materials, size and scale, shapes, rhythm, additions, accessibility and safety considerations, mechanical systems and energy retrofit, site planning, orientation and placement, building mass, scale and form, details and ornamentation, and decks and patios.

b.

Relocation. A decision by the historic preservation commission approving or denying a certificate of appropriateness for the relocation of a building, structure, or object shall be guided by:

1.

The historic character and aesthetic interest the building, structure or object contributes to its present setting;

2.

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

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 building, structure, site or object.

c.

Demolition. A decision by the historic preservation commission approving or denying a certificate of appropriateness for the demolition of buildings, structure, sites or objects shall be guided by:

1.

The historic, scenic or architectural significance of the building, structure, site or object;

2.

The importance of the building, structure, site or object to the ambiance of a district;

3.

The difficulty or the impossibility of reproducing such a building, structure, site or object because of its design, texture, material, detail, or unique location;

4.

Whether the building, structure, site or object is one of the last remaining examples of its kind in the neighborhood or the city;

5.

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

6.

Whether reasonable measures can be taken to save the building, structure, site or object from collapse;

7.

Whether the building, structure, site or object is capable of earning reasonable economic return on its value;

8.

Whether the building has lost its integrity of design; and/or

9.

Whether the building removal would result in a positive effect on the district.

d.

Undue hardship. When, by reason of unusual circumstances, the strict application of any provision of this section would result in the exceptional, practical difficulty, or undue economic hardship upon any owner of a specific property, the historic preservation commission, in passing upon applications, shall have the power to 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, so that the architectural or historical integrity, or character of the property, shall be conserved and substantial justice done. In granting variances, the historic preservation commission may impose such reasonable and additional stipulations and conditions that will, in its judgment, best fulfill the purpose of this section. An undue hardship shall not be a situation of the person's own making.

e.

Deadline for approval or rejection of application for certificates of appropriateness. Certificates of appropriateness must be decided upon by the historic preservation commission within 45 days after the filing thereof. (However, please note that the cut-off date for the monthly application cycle is ten days prior to the next scheduled meeting of the historic preservation commission in order to avoid unscheduled meetings.)

1.

The historic preservation commission shall approve or reject an application for a certificate of appropriateness within 45 days after the filing thereof by the owner or occupant of an historic property, or of a building, structure, site or object located within an historic district. Evidence of approval shall be by a certificate of appropriateness issued by the historic preservation commission. Notice of the issuance or denial of a certificate of appropriateness shall be sent by United States mail to the applicant and all other persons who have requested such notice in writing filed with the historic preservation commission.

2.

Failure of the historic preservation commission to act within said 45 days shall constitute approval, and no other evidence of approval shall be needed.

(5)

Necessary action to be taken by the historic preservation commission upon rejection of an application for certificate of appropriateness.

a.

In the event the historic 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 historic preservation commission may suggest alternative courses of action it thinks proper if it disapproves of the application submitted. The applicant, if he so desires, may make modifications to the plans and may resubmit the application at any time after doing so.

b.

In cases where the application covers a material change in the appearance of a structure which would require the issuance of a building permit, the rejection of the application for a certificate of appropriateness by the historic preservation commission shall be binding upon the building inspector or other administrative officer charged with issuing building permits and, in such a case, no building permit shall be issued.

(6)

Requirement of conformance with certificate of appropriateness.

a.

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 historic preservation commission shall issue a cease and desist order and all work shall cease; and

b.

The historic preservation commission or the city commission 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 historic district, except those changes made in compliance with the provisions of this section and this article or to prevent any illegal act or conduct with respect to such historic property or historic district.

(7)

Certificate of appropriateness void if construction not commenced. A certificate of appropriateness shall become void unless construction is commenced within six months of date of issuance. Certificates of appropriateness shall be issued for a period of 18 months and are renewable.

(8)

Recording applications for certificate of appropriateness. The historic preservation commission shall keep a public record of all applications for certificates of appropriateness, and of all the historic preservation commission's proceedings in connection with said applications.

(9)

Acquisition of property. The historic preservation commission may, where such action is authorized by the city commission and is reasonably necessary or appropriate for the preservation of a unique historic property, enter into negotiations with the owner for the acquisition by gift, purchase, exchange, or otherwise, of the property or any interest therein.

(10)

Appeals.

a.

Any person adversely affected by any determination made by the historic preservation commission relative to the issuance or denial of a certificate of appropriateness may appeal such determination to the city commission.

1.

Any such appeal must be filed with the historic preservation commission within 15 days after the issuance of the determination; or

2.

In the case of a failure of the historic preservation commission to act, within 15 days of the expiration of the 45-day period allowed for the historic preservation commission action.

b.

The city commission may approve, modify, or reject the determination made by the historic preservation commission, if the city commission finds that the historic preservation commission abused its discretion in reaching its decision.

c.

Appeals from decisions of the city commission may be taken to the superior court of the city in the manner provided by law for appeals from conviction for the city ordinance violations.

(11)

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

(12)

Failure to provide ordinary maintenance or repair. Property 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 historic preservation commission shall be charged with the following responsibilities regarding deterioration by neglect:

a.

The historic preservation commission shall monitor the condition of historic properties and existing buildings in historic districts to determine if they are being allowed to deteriorate by neglect. Conditions which allow the elements and vermin to enter (such as broken windows, doors and openings) and the deterioration of a building's structural system shall constitute failure to provide ordinary maintenance or repair;

b.

In the event the historic preservation commission determines a failure to provide ordinary maintenance or repair, the historic preservation commission will notify the owner of the property and set forth the steps which need to be taken to remedy the situation. The owner of the property will have 30 days in which to do this; and

c.

In the event that the condition is not remedied in the 30 days, the owner shall be punished as provided in subsection (14) of this section and, at the direction of the city commission, the historic preservation commission may perform such maintenance or repair as is necessary to prevent deterioration by neglect. The owner of the property shall be liable for the cost of such maintenance and repair performed by the commissions.

(13)

Affirmation of existing building and zoning codes. Nothing in this section or this article shall be construed as to exempt property owners from complying with existing city or county building and zoning codes, nor to prevent any property owner from making any use of his property not prohibited by other statutes, ordinances or regulations.

(14)

Penalty provisions. Violations of any provision of this section and this article shall be punished in the same manner as provided for in the punishment of violations of validly-enacted ordinances of the city.

(Code 1993, pt. III, ch. 4, § 2)

State Law reference— Historic preservation, O.C.G.A. § 44-10-20 et seq.

(a)

Intent and purpose. The manufactured home overlay district is established to provide for existing and proposed neighborhoods, which include or will include manufactured homes. The requirements herein are intended to ensure compatibility with existing housing stock by imposing supplemental appearance standards for manufactured housing. It supplements the range of residential types permitted in the underlying district while limiting some accessory uses.

(b)

Permitted uses.

(1)

Uses permitted by right. All uses permitted by right in the underlying district, according to the standards of the underlying district.

(2)

Uses permitted with conditions.

a.

All uses permitted with conditions in the underlying district, according to the standards and conditions associated with the underlying district.

b.

Manufactured homes, provided that:

1.

All manufactured homes shall be installed in accordance with O.C.G.A. §§ 8-2-160—8-2-168. The pier foundation shall be a 16-inch x 16-inch x 4-inch solid concrete pad, precast or poured in place, or other approved methods/materials. Concrete footings shall have an ultimate compressive strength of not less than 2500 psi at 28 days. Footer size may vary on piers used with alternate anchoring systems when installed per system manufacturer's instructions, and marriage wall piers as required by manufacturer's instructions. All manufactured homes shall be placed on a foundation, either slab or piers, in accordance with the manufacturer's permanent installation instructions. If the manufacturer's instructions are no longer available, the rules and regulations of the Safety Division of the State Department of Insurance (chapter 120-3-7, as amended) shall be followed regarding installation.

2.

(i)

All manufactured homes or mobile homes shall be underpinned with a curtain wall. The wall shall be constructed of masonry material, at least 26-gauge sheet metal, a vinyl product, or a cement board type material. The wall shall be continuous except for ventilation vents and an access panel;

(ii)

Skirting shall be installed in accordance with the manufacturer's instructions.

(iii)

All curtain walls shall be maintained in good repair.

3.

The home will have all the wheels, transporting lights, and towing apparatuses removed.

4.

The structure must be at least 14 feet in width, along with the majority of its length.

5.

The roof shall have at least a 3:12 pitch.

6.

Exterior wall and roofing materials and finishes shall be comparable in composition, appearance, and durability to those commonly used in conventional residential construction. As examples, exterior walls would be expected to be covered in wood, stucco, brick, stone, other masonry materials, or similar conventional exterior finishes. Roofing material should consist of wood shingles, wood shake, synthetic composite shingle, ceramic tile, concrete tile, or similar conventional roofing materials.

7.

All entrances to a manufactured home shall be provided with permanent steps, porch, or similar suitable entry.

(3)

Permitted building and lot types. All building and lot types permitted in the underlying zoning district.

(4)

Permitted accessory uses. All accessory uses permitted in the underlying zoning district.

(5)

General requirements.

a.

Along existing streets, new buildings shall respect the general spacing of structures, building mass and scale, and street frontage relationships of existing buildings.

1.

New buildings that adhere to the scale, massing, volume, spacing, and setback of existing buildings along fronting streets exhibit demonstrable compatibility.

2.

New buildings that exceed the scale and volume of existing buildings may demonstrate compatibility by varying the massing of buildings to reduce perceived scale and volume.

3.

Nothing in this subsection a shall be interpreted to conflict with the building design element provisions, as found in section 111-232.

b.

On new streets, allowable building and lot types will establish the development pattern.

c.

All subdivision standards shall be met.

d.

In nonconforming subdivisions or manufactured home parks, any manufactured home may be replaced with another manufactured home of at least comparable width (i.e., a single-wide home may be replaced with a home of minimum 12 feet width or with a larger home, while a double-wide home can be replaced only by another double-wide home); a replacement home shall have been manufactured no earlier than 1974 and, with the exception of width, shall meet all design requirements.

e.

Existing manufactured home parks that are not subdivided into individual deeded lots may continue operation but may not be expanded except in conformance with this article and the subdivision ordinance.

f.

For proposed neighborhoods, homes shall be a minimum of 14 feet wide and manufactured no earlier than 1976.

g.

For proposed neighborhoods, an application to classify property to the MH-O district shall require a master plan that shows the location and hierarchy of streets and public spaces, location of residential, nonresidential, and civic building lots, street sections and/or plans, phasing, and any other information which may be required to evaluate the subdivision's adherence to the standards of this article and the subdivision ordinance.

h.

See section 111-129.

(6)

MH-O development provisions. Minimum development size, maximum development size, and maximum permitted densities are determined by the standards of the underlying district.

(7)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Manufactured home. Manufactured (mobile) homes are factory-built on a metal chassis which complies with the HUD federal code regulations. All manufactured homes must meet the National Manufactured Housing Construction and Safety Standards Act, effective June 15, 1976 (42 USC 5401-5426). Manufactured homes are not regulated by the building codes.

Manufacture home park means an area, under single ownership and not subdivided into customary lots planned for individual ownership, containing three or more manufactured homes used as living facilities, with each home having its own defined space; or an area containing three or more spaces designed or intended for the parking of manufactured homes to be uses as living facilities for rent or lease.

Mobile home means a factory-built structure, transportable in one or more sections, designed to be used as a dwelling with or without a permanent foundation, constructed prior to the enforcement of the Manufactured Home Construction and Safety Act, effective June 15, 1976 (42 USC 5401-5426). Mobile homes, as defined herein, may not be placed within any zoning district in the city.

(Ord. No. 06222020(1), § 2, 4-13-2020; Ord. No. 08082022(1), 8-8-2022; Ord. No. 11282022, 11-28-2022)