The planning and appeals board, as it existed on the effective date of this Code, shall continue in its present form and function. The planning and appeals board shall consist of seven members, all of whom shall be residents of the city. The seven seats on the planning and appeals board shall be designated as seats one through seven.

(ULDC 2005, § 9-21-1-1; Ord. No. 2024-36, § I, 12-17-2024)

Members, including the chairperson and vice-chairperson, shall be appointed by the governing body. The seats on the planning and appeals board shall be designated as seats one, two, three, four, five, six, and seven, and the initial terms for said Seats shall be as set forth in this section.

The initial term for seat one shall extend through December 31, 2025.

The initial term for seat two shall extend through December 31, 2025.

The initial term for seat three shall extend through December 31, 2026.

The initial term for seat four shall extend through December 31, 2026.

The initial term for seat five shall extend through December 31, 2026.

The initial term for seat six shall extend through December 31, 2027.

The initial term for seat seven shall extend through December 31, 2027.

The governing body, upon approval of this Ordinance, shall appoint members, including the chairperson and vice-chairperson, to fill seats one, two, three, four, five, six, and seven on the planning and appeals board. After the expiration of the initial terms set forth above, all subsequent members, including the chairperson and vice-chairperson, shall be appointed by the governing body to three-year terms, beginning on January 1 ^st of the calendar year immediately following the expiration of the term or as otherwise appointed. When a position becomes vacant before the end of a term, the governing body shall appoint a new member for the duration of the remaining term. A member of the planning and appeals board may be appointed to successive terms and shall continue to serve if such member's time expires until a successor is appointed.

(ULDC 2005, § 9-21-1-2; Ord. No. 2024-36, § II, 12-17-2024)

A member may be removed from the planning and appeals board by a majority vote of the governing body for cause, for absenteeism at three successive called or regular meetings or absenteeism at six such meetings in a calendar year, or for other reasons the governing body may deem appropriate.

(ULDC 2005, § 9-21-1-3)

(a)

In addition to being residents of the city, the governing body in its appointment of members to the planning and appeals board shall be bound by the following:

(1)

Two members of the planning and appeals board, other than the chairperson, shall have experience or knowledge in the fields of real estate, land development, architectural design, landscape architecture, building construction, planning or a similar profession.

(2)

Four members of the planning and appeals board, other than the chairperson, shall be recognized community leaders having experience or knowledge in representing the interests of citizens, residential areas or nonprofit organizations dedicated to public purposes.

(3)

The chairperson shall be a community leader who has demonstrated the ability to conduct meetings, organize debate and to act in the public interest of the city as a whole.

(4)

Within one year of initial appointment to the planning and appeals board, the new member shall attend the community planning institute or comparable training as determined by the community and economic development department director.

(b)

The governing body shall make the sole determination as to the qualifications of any person in meeting the requirements for membership on the planning and appeals board.

(ULDC 2005, § 9-21-1-4; Ord. No. 2006-24, § I, 7-5-2006)

The chairperson, as appointed by the governing body, shall preside over meetings when present. The planning and appeals board shall elect a vice-chairperson from among its members, who shall serve for one year or until re-elected or until his successor is elected. The vice-chairperson shall preside at meetings in the absence of the chairperson.

(ULDC 2005, § 9-21-1-5)

The planning and appeals board may adopt such bylaws, rules or procedures as appropriate and not in conflict with this Code, the Zoning Procedures Act, or policies adopted by the governing body.

(ULDC 2005, § 9-21-1-6)

The planning and appeals board shall meet each month in accordance with the schedule of meeting dates and times approved by the community and economic development department director. Other meetings of the planning and appeals board shall be held at the call of the director if there is business to be brought before it, or at such other times as the planning and appeals board may determine. All meetings of the planning and appeals board shall be open to the public.

(ULDC 2005, § 9-21-1-7; Ord. No. 2018-06, § I, 2-20-2018)

A total of four planning and appeals board members present shall constitute a quorum. A majority vote of the quorum shall be necessary to approve any decision or recommendation.

(ULDC 2005, § 9-21-1-8; Ord. No. 2007-23, § V, 6-19-2007)

All planning and appeals board members attending a meeting shall vote on each matter placed before it. A member may abstain from voting only in the instance of a conflict of interest, the nature of which must be stated for the record.

(ULDC 2005, § 9-21-1-9)

The community and economic development department director or his designee shall serve as secretary to the planning and appeals board. The secretary shall cause summary minutes of its proceedings to be kept, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact, and shall cause records of its examinations and other official actions to be kept in the form of tape recordings, all of which shall be of public record.

(ULDC 2005, § 9-21-1-10)

The results of each planning and appeals board meeting as to their actions and recommendations shall be forwarded by the community and economic development department director or his designee to the governing body, and they shall be posted in a public place at the office of the community and economic development department for a period of at least two weeks following the planning and appeals board meeting.

(ULDC 2005, § 9-21-1-11)

The planning and appeals board shall have, without limitation, the following powers and duties:

(1)

Recommendations on comprehensive plan. Review the provisions of the city's comprehensive plan from time to time, and to make such recommendations to the governing body as it deems appropriate concerning its adoption or amendment.

(2)

Recommendations on annexation, rezoning and special use applications. Conduct a public hearing on each application for annexation, rezoning or special use approval, review the application in accordance with the standards and procedures set forth in this Code and the Zoning Procedures Law (O.C.G.A. § 36-66-1 et seq.), and make such recommendations to the governing body as it deems appropriate on each application.

(3)

Initiation of rezoning applications and text amendments. Initiate on its own motion a zoning change or an amendment to the text of any article of this Code when, in its determination, such changes are appropriate for consideration. Any initiation by the planning and appeals board must go through the normal public notification and application requirements as stated in article 9-22.

(4)

Decisions on variances. Conduct a public hearing and make a final decision in accordance with the procedures and provisions of this Code on each application for a zoning variance or flood protection variance.

(5)

Decisions on administrative appeals. Conduct a public hearing and make a final decision in accordance with the procedures and provisions of this Code on each appeal of an administrative decision pursuant to this Code or an interpretation of the provisions of this Code by an administrative officer. In exercising these powers regarding an appeal of an administrative decision, the planning and appeals board may reverse or affirm, wholly or partly, or may modify the order, requirements, decisions or determinations of the administrative official, and to that end shall have the power to direct issuance of a permit.

(6)

Other powers. The planning and appeals board shall also have such other powers, duties or responsibilities assigned to it by the governing body, explicitly assigned by this Code, or reasonably implied by this Code.

(ULDC 2005, § 9-21-1-12; Ord. No. 2022-09, § VII, 3-1-2022)

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

Commission means the historic preservation commission of the city.

Designation means a decision by the city council to designate a district or individual landmark as "historic" and thereafter prohibit all material changes in appearance prior to the issuance of a certificate of appropriateness.

Historic district means a geographically definable area which contains structures, sites, works of art or a combination thereof which exhibit a special historical, architectural, or environmental character as designated by the governing body.

Historic landmark means an individual structure, site, or work of art which exhibits a special historical, architectural, or environmental character as designated by the governing body.

Historic preservation jurisdiction means all properties lying within the municipal limits of the city.

(ULDC 2005, § 9-21-2-1)

There is hereby created a commission, the title of which shall be "Gainesville Historic Preservation Commission" (hereinafter referred to as the "historic preservation commission"); which shall be considered a part of the planning functions of the city. The commission as it existed on the effective date of this Code shall continue in full force and function.

(ULDC 2005, § 9-21-2-2)

(a)

Appointments. The preservation commission shall consist of five voting members appointed by the governing body. The governing body may also appoint a citizen to serve as an ex-officio, non-voting member who serves in an advisory capacity only.

(b)

Qualifications. All members whether voting or ex-officio shall reside within the city limits, and a majority shall be either persons who have demonstrated special interest, experience or education in history, architecture or the preservation of historic resources; or persons who are among professionals in such related disciplines.

(c)

Terms of office. Voting members shall serve staggered three-year terms; and may be reappointed. In order to achieve staggered terms, initial appointments shall be: one member for one year; two members for two years; and two members for three years. Historic preservation commission members shall serve until their terms expire or until re-appointed or until their successors are appointed. Ex-officio, non-voting members shall serve a one-year term, until their term expires, or until re-appointed or until their successors are appointed.

(d)

Vacancies. Should a vacancy exist in the membership, the historic preservation commission shall continue to act with full authority, unless total commission membership falls below a majority for the five-member board. The governing body shall be notified of the vacancy so that an appointment can be made to fill such vacancy for the remainder of the unexpired term.

(e)

Compensation. All voting and ex-officio, non-voting members shall serve without compensation.

(f)

Training. Within one year of initial appointment to the historic preservation commission, the new member shall attend the historic preservation commission training or comparable training as determined by the community and economic development department director.

(ULDC 2005, § 9-21-2-3; Ord. No. 2006-24, § II, 7-5-2006)

A member may be removed from the historic preservation commission by a majority vote of the governing body for cause, for absenteeism at three successive called or regular meetings or absenteeism at six such meetings in a calendar year, for relocation of his permanent residence outside the municipal limits of the city, for violation of the code of conduct of the historic preservation commission in the consideration of an application for a certificate of appropriateness or other responsibility under this Code, or for other reasons the governing body may deem appropriate.

(ULDC 2005, § 9-21-2-4)

The historic preservation commission, upon holding a public hearing and providing an opportunity for the public to comment, shall adopt rules and standards, including design and construction guidelines, for the transaction of business and for consideration of applications; and the commission shall have the flexibility to adopt rules and standards, including design and construction guidelines, without amendment to this Code.

(ULDC 2005, § 9-21-2-5)

The historic preservation commission shall provide for the time and place of regular meetings and a method for the calling of special meetings. The latest edition of Robert's Rules of Order shall determine the order of business.

(ULDC 2005, § 9-21-2-6)

A quorum shall consist of a majority of the voting members. Should a vacancy exist in the membership, the historic preservation commission shall continue to act with full authority, unless the number of voting members falls below the majority of members or quorum.

(ULDC 2005, § 9-21-2-7)

(a)

The historic preservation commission shall select a chairperson and vice-chairperson.

(b)

The chairperson shall be elected by the members of the historic preservation commission from among their membership for a one-year term; elections shall be held annually at the first regularly scheduled meeting in July or at the next regular meeting thereafter. The chairperson shall decide all points of order and procedure, subject to these bylaws and a modified version of the latest edition of Robert's Rules of Order.

(c)

The vice-chairperson also shall be elected by the members of the historic preservation commission from among their membership in the same manner as the chairperson and shall be eligible for re-election. The vice-chairperson shall serve as acting chairperson in the absence of the chairperson, or when the chairperson shall refrain from participation due to a conflict of interest, and shall have the same powers and duties as the chairperson. Upon resignation or disqualification of the chairperson, the vice-chairperson shall assume the chairpersonship for the remainder of the unexpired term. The historic preservation commission shall elect a new vice-chairperson at its next regular meeting.

(ULDC 2005, § 9-21-2-8)

All historic preservation commission members attending a meeting shall vote on each matter placed before it. A member may abstain from voting only in the instance of a conflict of interest, the nature of which must be stated for the record following the procedures outlined in section 9-21-2-10.

(ULDC 2005, § 9-21-2-9)

No member shall participate in the consideration of or cast a vote on any issue before the preservation commission which involves an ownership, financial or professional interest of that individual or an organization in which that member has an ownership, financial or professional interest or position, or represents. No member shall participate in the consideration of or cast a vote on any matter which provides or could provide financial or professional benefit to that member. When a conflict of interest or the appearance of a conflict of interest arises, the following actions shall be taken:

(1)

The individual member shall divulge in a brief statement on the public record the existence of and reasons for the potential conflict and abstain from voting.

(2)

The affected member shall not present, vote or discuss the project other than answer a direct question.

(ULDC 2005, § 9-21-2-10)

A public record shall be kept of the historic preservation commission's resolutions, proceedings and actions. The community and economic development department director, or his designee, shall serve as secretary to the historic preservation commission. The secretary shall cause summary minutes of its proceedings to be kept, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact, and shall cause records of its examinations and other official actions to be kept in the form of tape recordings, all of which shall be of public record.

(ULDC 2005, § 9-21-2-11)

The results of each historic preservation commission meeting as to their actions and recommendations shall be forwarded by the community and economic development department director or his designee to the governing body, and they shall be posted in a public place at the office of the community and economic development department for a period of at least two weeks following the historic preservation commission meeting.

(ULDC 2005, § 9-21-2-12)

(a)

The historic preservation commission shall have the powers, duties and responsibilities enumerated in this section. The community and economic development department may assist the historic preservation commission in fulfilling its powers, duties and responsibilities listed below, and, to that end, the commission may delegate such powers, duties and responsibilities to the community and economic development department.

(1)

Work with the community and economic development department staff, and outside consultant if services of one are retained, to prepare and maintain an inventory of all property within the historic preservation jurisdiction having the potential for designation as historic;

(2)

Recommend to the governing body specific areas, sites, structures or works of art to be designated by ordinance as historic;

(3)

Review applications for certificates of appropriateness, and grant or deny such applications in accordance with the provisions of chapter 9-23-3;

(4)

Recommend to the governing body that the designation of any area, site, structure or work of art as historic be revoked or removed, in accordance with the provisions of chapter 9-23-2;

(5)

Restore or preserve any historic properties acquired by the city;

(6)

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

(7)

Assist the community and economic development department staff in conducting educational programs on historic properties located within the historic preservation jurisdiction;

(8)

Make such investigations and studies of matters relating to historic preservation, including consultation with historic preservation experts;

(9)

Upon review, provide a written statement as a commission to the community and economic development department staff concerning the nomination of properties within the city to the National Register of Historic Places;

(10)

Perform historic preservation activities as the official agency of the city's historic preservation program; and

(11)

Monitor the condition of designated historic properties and individual structures, sites or works of art located within a designated historic district to determine if a property is being allowed to deteriorate by neglect, and to fulfill its charges with regard to deterioration by neglect as assigned to it by this Code.

(b)

The following powers, duties, and responsibilities shall be delegated specifically to the community and economic development department staff to perform on behalf of the historic preservation commission:

(1)

The community and economic development department director, upon approval by the governing body and upon recommendation by and on behalf of the historic preservation commission, shall have the authority to accept donations and may expend such finds (and keep records) consistent with historic preservation purposes and objectives, and shall ensure that these funds do not displace appropriated governmental funds if applicable;

(2)

Make such investigations and studies of matters relating to historic preservation, including consultation with historic preservation experts;

(3)

Conduct educational programs on historic properties located within the historic preservation jurisdiction;

(4)

Seek out state and federal funds for historic preservation and make recommendations to the governing body concerning the most appropriate uses of any funds acquired;

(5)

Submit to the historic preservation section of the state department of natural resources, or its successor, a list of historic districts and properties designated;

(6)

Review and make comments, integrating the written statement of the historic preservation commission, to the historic preservation division of the state department of natural resources concerning the nomination of properties within its jurisdiction to the National Register of Historic Places;

(7)

Retain the services of an outside consultant or expert to carry out various functions, duties, or responsibilities of the historic preservation commission;

(8)

Receive donations, grants, funds or gifts of historic property, and to acquire or sell historic properties upon approval of the governing body; and

(9)

Enter into negotiations with the owner for the acquisition by gift, purchase, exchange or otherwise of property upon approval of the governing body.

(ULDC 2005, § 9-21-2-13)

State Law reference— Powers of historic preservation commission, O.C.G.A. § 44-10-25.

The historic preservation commission shall not have the power to obligate the city in any way without the concurrence of the community and economic development department director and prior approval of the governing body.

(ULDC 2005, § 9-21-2-14)