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Dublin City Zoning Code

ARTICLE 9

- HISTORIC DISTRICT3


Footnotes:
--- (3) ---

Editor's note— Ord. No. 79-22, § 1, adopted Aug. 6, 1979, specifically amended App. A by adding Art. 9, §§ 9.1—9.13, and renumbering former arts. 9—12 as arts. 10—13, as hereinafter set out.


Section 9.1.- Purpose.

The purpose of the Historic District shall be to promote the educational, cultural, economic and general welfare of the city through the preservation and development of its historic, culture and aesthetic resources.

(Ord. No. 79-22, § 1, 8-6-79)

Section 9.2. - Boundaries.

The Boundaries of the Historic District shall be as shown on a map entitled "Historic District Map of the City of Dublin," which, along with all notations, references and explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ordinance. A copy of the Historic District Map of the City of Dublin shall be certified by the City Clerk; shall bear the date of adoption of this ordinance/ and shall be kept on display in the office of the Building Inspector. The map shall show the following Historic District areas:

(a)

Bellevue Avenue: The boundaries of the Bellevue Avenue Historic District area shall be an area generally bounded on the west by Lancaster Street; on the north-south by Bellevue Avenue (to include properties located on both sides of Bellevue Avenue); on the east by Church Street;

(b)

Downtown: The boundaries of the Downtown Historic District area shall be an area generally bounded as follows: Beginning on Church Street at the intersection of Tucker Street and continuing Northeast along the rear property line of the properties fronting West Gaines Street, and including the City's Cemetery behind the First Methodist Church, and continuing to Roosevelt Street and then south to the intersection of Roosevelt Street and West Gaines Street; then along West Gaines Street to the intersection of West Gaines Street and Franklin Street; then south on Franklin Street to Jackson Street; then east along Jackson Street to South Washington Street; then south along Washington Street to its intersection with the Dublin Bypass/MLK Jr. Blvd at the southerly line on the railroad right of way; then west along Dublin Bypass/MLK Jr. Blvd/U.S. Hwy. 319 and 441/Telfair Street to its intersection with Rowe Street; then north on Rowe Street to the northerly right of way of the railroad line, (and including the property of the Saint Paul AME Church fronting on the westerly side of Rowe Street); then east along the northern railroad right of way to its intersection with Church Street; then north along Church Street to its intersection with Gaines Street (and including all those parcels of land which front on either side of Church Street between Madison Street and Academy Avenue); then continuing north along Church street bordering the Bellevue Historic District boundary line to West Gaines Street then then West along West Gaines Street to Maiden Lane; then north to Tucker Street (and including the tracts that front Maiden Lane and Tucker Street between Maiden Lane and the part of the First Baptist Church lot that is included in the Bellevue Historic District) and then continuing over to the point of beginning.

(c)

For demonstrative purposes only, the map of the two historic districts is generally as shown on Exhibit "A" below with the official boundaries being as described above.

(Exhibit A Attached and Incorporated here)

(Ord. No. 79-22, § 1, 8-6-79; Ord. No. 14-07, § 1, 9-4-2014; Ord. No. 19-15, §§ 1, 2, 8-1-2019)

Section 9.3. - Relationship to zoning districts and advertising ordinance.

The Historic District regulations within this article are intended to preserve and protect the historic or architecturally significant building, structures, sites, monuments, streetscapes, and neighborhoods in the historic district. In all zoning districts lying within the boundaries of the Historic District the regulations of both the zoning district, the Advertising Ordinance and the Historic District shall apply. Whenever there is a conflict between the regulations of the zoning district and the regulations of the Historic District, the zoning regulations shall prevail. Whenever there is a conflict between the regulations of the Advertising and Sign Regulation Ordinance (Dublin Code of Ordinances, Chapter 3) and the regulations of the Historic District, any additional requirements of the Historic District Ordinance shall prevail.

(Ord. No. 79-22, § 1, 8-6-79; Ord. No. 14-07, § 2, 9-4-2014)

Section 9.4. - Historic District Review Board—Establishment and composition.

A Historic District Review Board is hereby established. It shall consist of seven (7) members appointed by the Mayor and Council, each [of] whom shall be either citizens of the city or owners of property in a Historic District, and who shall serve without pay. The term of appointment shall be three (3) years, except of those first appointed two (2) shall be appointed for one year, two (2) for two (2) years, and one for three (3) years. Special qualifications of the members would include a special interest, education, or experience in history, architecture, landscape design or urban development. One appointment shall be reserved for the Dublin Downtown Development Authority, which shall designate one of their members to serve on the Historic Review Board.

(Ord. No. 79-22, § 1, 8-6-79; Ord. No. 14-07, § 3, 9-4-2014)

Section 9.5. - Same—Proceedings.

The Historic District Review Board Chairperson and Vice-Chairperson, each of whom shall serve for one year or until they are re-elected or successors are elected. The Board shall adopt rules of procedure for the conduct of its meetings. The Secretary, appointed by the Board, shall keep minutes of the proceedings of all meetings, including all transactions, actions, examinations, votes, abstinences, and absences of the Board, and those who appear before it. The minutes of all meetings shall, at all times, be filed in the office of the City Clerk and be part of the public record. The meetings shall be at the call of the Chairperson.

(Ord. No. 79-22, § 1, 8-6-79)

Section 9.6. - Same—Jurisdiction.

The Board's jurisdiction shall be limited to the Historic District. The Board shall be concerned with those elements of development, redevelopment, rehabilitation and/or preservation that affect visual quality of the Historic District. They shall not consider detailed design, interior arrangements or building features not subject to public view nor shall they make any requirement except for the purpose of preventing development or demolition obviously incongruous to the Historic District surroundings.

(Ord. No. 79-22, § 1, 8-6-79)

Section 9.7. - Duties and responsibilities of Historic District Commission.

The Board shall have the following duties and responsibilities:

(a)

Prepare an inventory of all property within its respective historic preservation jurisdiction having the potential for designation as historic property;

(b)

Recommend to the Mayor and Council specific places, districts, sites, buildings, structures or works of art to be designated by ordinance as historic properties or historic districts;

(c)

Review applications for Certificates of Appropriateness, and grant or deny same in accordance with the provisions of this article;

(d)

Recommend to the Mayor and Council that the designation of any place, district, site, building, structure or work of art as a historic district be revoked or removed;

(e)

Promote the acquisition by the city of facade easements and conservation easements, in accordance with the provisions of the Facade and Conservation Easements Act of 1976 (Georgia Law 1976, p. 1181);

(f)

Conduct an educational program on historic properties located within its historic preservation jurisdiction;

(g)

Make such investigations and studies of matters relating to historic preservation as the Mayor and Council or the Commission itself may from time to time deem necessary or appropriate for the purpose of this Act;

(h)

Seek out state and federal funds for historic preservation and make recommendations to the Mayor and Council concerning the most appropriate use of any funds acquired.

(i)

Shall by resolution set a time and place to hold a regular monthly meeting. The chairman of the committee, or in his absence or sickness, the then presiding officer, may call, cancel or reschedule a meeting at any time upon giving notice to each member of the board. It shall be the duty of each member of the Board to attend all meetings when possible.

(j)

May adopt guidelines or guides to further explain, clarify and give examples of those design standards which are in compliance with this ordinance, with approval of the Mayor and City Council.

The city shall provide any technical, administrative, and clerical assistance required by the Board.

(Ord. No. 79-22, § 1, 8-6-79; Ord. No. 14-07, § 4, 9-4-2014)

Section 9.8. - Classification of buildings and structures.

Within the Historic District, all buildings and structures shall be classified and designated on the Historic District Map adopted and approved by the Mayor and Council, and made a part of the zoning map. Such buildings and structures shall be divided into two (2) classes:

(a)

Historic: Those buildings classified as Historic shall possess identified historical or architectural merit of degree warranting their preservation. They shall be further classified as:

a.

Exceptional;

b.

Excellent;

c.

Notable;

d.

Of value as part of the scene.

(b)

Contemporary: Those buildings and structures not classified on the Historic Map as exceptional, excellent, notable, or of value as part of the scene.

(Ord. No. 79-22, § 1, 8-6-79)

Section 9.9. - Certificate of Appropriateness required.

A Certificate of Appropriateness from the Historic District Review Board shall be required before a city permit is issued by the Building Inspector for any of the following:

(a)

Demolition of a historic building;

(b)

Relocation of a historic building;

(c)

Material change in the exterior appearance of existing buildings classified as Historic by additions, reconstruction, alteration, or maintenance involving exterior color change; and

(d)

Any new construction of a principal building or accessory building or structure subject to view from a public street;

(e)

Change in existing walls and fences, or construction of way[s], excluding lanes;

(f)

Material change in the exterior appearance of existing contemporary buildings by additions, reconstructions, alteration, or maintenance involving exterior color change, if subject to view from a public street.

(g)

Material change to, or new construction of, exterior signage.

(Ord. No. 79-22, § 1, 8-6-79; Ord. No. 14-07, § 5, 9-4-2014)

Section 9.10. - Application for Certificate of Appropriateness.

Application for a Certificate of Appropriateness shall be made in the Building Inspector's Office on forms provided therefore, at said office. Detailed drawings, plans, or specifications shall not be required, but each application shall be accompanied by such sketches, drawings, photographs, descriptions or other information showing the proposed exterior alterations, additions, changes or new construction as are reasonably required for the Board of Review and Building Inspector to make a decision.

(Ord. No. 79-22, § 1, 8-6-79)

Section 9.11. - Action of application for Certificate of Appropriateness.

(a)

The Building Inspector shall transmit the application for a Certificate of Appropriateness, together with the supporting information and material, to the Board of Review for Approval. The Board of Review shall act upon the application within thirty (30) days after the filing thereof, otherwise the application shall be deemed to be approved and a Certificate of Appropriateness shall be issued. Nothing herein shall prohibit an extension of time where mutual agreement has been made and the Board of Review may advise the applicant and make recommendations in regards to the appropriateness.

(b)

If the Board of Review approves the application, a Certificate of Appropriateness shall be issued. If the Certificate of Appropriateness is issued, the application shall be processed in the same manner as application for building or demolition permits. If the Board of Review disapproves the application, a Certificate of Appropriateness shall not be issued. The Board shall state its reason in writing and the Building Inspector shall advise the applicant and a city permit shall not be issued.

(c)

After a city permit has been granted by the Building Inspector in accordance with the above procedures, he shall, from time to time, make field inspections of the construction, reconstruction, alteration, maintenance or repair so authorized and shall take such action as is necessary to assure compliance with the approved Certificate of Appropriateness Application.

(Ord. No. 79-22, § 1, 8-6-79)

Section 9.12. - Denial of Certificate of Appropriateness; appeals.

Where a Certificate of Appropriateness is denied by the Board, and therefore the Building Inspector cannot issue a city permit, an appeal can be made to the Board of Zoning Appeals. A hearing before the Board of Zoning Appeals may be obtained by appealing the denial of a city permit in the same manner as prescribed by this ordinance for any other appeals to the Board of Zoning Appeals.

(Ord. No. 79-22, § 1, 8-6-79)

Section 9.13. - Development standards.

(a)

Preservation of historic buildings in the Historic District. A building or structure, classified as historic, or any part thereof or any appurtenance related thereto, including but not limited to stone walls, fences, light fixtures, steps, paving and signs, shall only be moved, reconstructed, altered or maintained in a manner that will preserve the historical and architectural character of the building structure or appurtenance thereto.

(b)

Demolition of historic buildings. Whenever a property owner shows that a building classified as historic is incapable of earning an economic return on its value as appraised by a qualified real estate appraiser, and the Board of Review fails to approve the issuance of a Certificate of Appropriateness, such building may be demolished; provided, however, that before a demolition permit is issued, notice of proposed demolition shall be given as follows:

(1)

For buildings rated exceptional, eight (8) months;

(2)

For buildings rated excellent, six (6) months;

(3)

For buildings rated notable, four (4) months;

(4)

For buildings of value as part of the scene, two (2) months.

Notice shall be posted on the premises of the building or structure proposed for demolition in a location clearly visible from the street. In addition, notice shall be published in a newspaper of general local circulation at least three (3) times prior to demolition, the final notice of which shall be not less than fifteen (15) days prior to the date of the permit, and the first notice of which shall be published not more than fifteen (15) days after the application for a permit to demolish is filed. The purpose of this section is to further the purpose of this ordinance by preserving historic buildings which are important to the education, culture, traditions, and the economic values of the city, and to afford the city, interested persons, historical societies or organizations the opportunity to acquire or to arrange for the preservation of such buildings. The Board may at any time during such stay approve a Certificate of Appropriateness, in which event a permit shall be issued without further delay.

(c)

Relocation of historic buildings. A historic building shall not be relocated to another site unless it is shown that the preservation on its existing site is not consistent with the purposes of such site.

(d)

Protective maintenance of historic buildings. Historic buildings shall be maintained to meet the requirements of the Minimum Housing Code and the Building Code of the City.

(e)

Contemporary buildings. The construction of a new building, or structure, and the moving, reconstruction, alteration, major maintenance or repair involving a color change materially affecting the external appearance of any existing contemporary building, structure, or appurtenance thereof within the district shall be generally of such design, form, proportion, mass, configuration, building material, texture, color, location on a lot as will be compatible with other buildings in the Historic District, and particularly with buildings designated as historic and with blocks and places to which it is visually related.

(f)

Visual compatibility factors. Within said district, new construction and existing buildings and structures and appurtenances thereof which are moved, reconstructed, materially altered, repaired or changed in color shall be visually compatible with buildings, blocks and places to which it is visually related generally in terms of the following factors;

(1)

Height: The height of proposed building shall be visually compatible with adjacent buildings.

(2)

Proportion of buildings' front facade: The relationship of the width of building to the height of the front elevation shall be visually compatible to buildings, blocks and places to which it is visually related.

(3)

Proportion of openings within the facility: The relationship of the width of the windows to height of windows in a building shall be visually compatible with buildings, blocks and places to which the building is visually related.

(4)

Rhythm of solids to void in front facades: The relationship of solids to void in the front facade of a building shall be visually compatible with buildings, blocks and places to which it is visually related.

(5)

Rhythm of spacing of buildings on streets: The relationship of building to open space between it and adjoining buildings shall be visually compatible to the buildings, blocks and places to which it is visually related.

(6)

Rhythm on entrance and/or porch projection: The relationship of entrances and porch projections to sidewalks of a building shall be visually compatible to the buildings, blocks and places to which it is visually related.

(7)

Relationship of material, texture and color: The relationship of materials, textures and color of the facade of a building shall be visually compatible with the predominant materials used in the buildings to which it is visually related.

(8)

Roof shapes: The roof shape of a building shall be visually compatible with the buildings to which it is visually related.

(9)

Walls of continuity: Appurtenances of a building such as wall, wrought iron, fences, evergreen landscape masses, building facades, shall, if necessary, form cohesive walls of enclosure along a street, to insure visual compatibility of the building to the buildings, blocks, and places to which it is visually related.

(10)

Scale of a building: The size of a building, the building mass of a building in relation to open spaces, the windows, doors, openings, porches, and balconies shall be visually compatible with the buildings, blocks, and places to which it is visually related.

(11)

Directional expression of front elevation: A building shall be visually compatible with the buildings, blocks, and places to which it is visually related in its directional character, whether this be vertical character, horizontal character or non-directional character.

(g)

Signs. All signs in any Historic District shall comply with the applicable Zoning regulations, applicable Advertising and Sign regulations, and shall comply with the Development Standards and other requirements of the Historic District Ordinance, including any guidelines adopted by the Board to further explain, clarify and give examples of those standards.

(Ord. No. 79-22, § 1, 8-6-79; Ord. No. 14-07, § 6, 9-4-2014)

Section 9.14. - Proceedings to prevent changes not in compliance.

The City of Dublin or the historic review board shall be authorized to institute any appropriate action or proceeding in a court of competent jurisdiction to prevent any material change in the appearance of a designated historic property or historic district, except those changes made in compliance with the provisions of the City of Dublin Historic District Ordinance, or to prevent any illegal act or conduct with respect to such historic property or historic district.

(Ord. No. 14-07, § 7, 9-4-2014)

Section 9.15. - Violations; penalties; continuing offense.

Violations of this ordinance shall be punished by a fine not to exceed $1,000.00. Each day a violation of this article is committed or allowed to continue shall constitute a separate and distinct violation.

(Ord. No. 14-07, § 8, 9-4-2014)