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

Alteration means a visible change to the exterior of a structure; or work which impacts any exterior architectural feature. The term "alteration" includes construction, reconstruction, introduction or removal of any building or building element.

Certificate of appropriateness means a document that is evidence of the approval by the historic preservation commission (or in the case of minor projects, by the community and economic development department director) for a person to make a material change in the appearance of a designated historic property or property located within a designated historic district.

Character-defining means an element whose design and material is associated with the age and style of a building and helps define its architectural style; parts of a structure that make it distinctive.

Commission means the historic preservation commission of the city.

Design guidelines means standards (not laws) that are an extension of the secretary of the interior's standards for rehabilitation used for evaluating proposed changes to locally designated historic landmarks or buildings, structures, site features, and other exterior elements of properties located within a locally designated historic district.

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

Exterior architectural features mean: the architectural style and general design of the exterior of a structure, 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 foregoing.

Exterior environmental features means all those aspects of the landscape or the development of a site which affect the historical character of the property, including, but not limited to, walls, fences, signs or other appurtenant elements thereof, including any improvement, grading or alteration of the land.

Georgia Historic Preservation Act means the state enabling legislation which authorizes communities in the state to establish a local historic preservation commission, and establishes minimum standards for local jurisdiction historic resources protection that is not tied to the exercise of zoning power. The Georgia Historic Preservation Act provides a benchmark against which each local governing jurisdiction may either evaluate existing preservation policy or formulate a preservation policy tailored to local needs.

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 fabric means materials original to a building or structure.

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.

In-kind means using the exact same material when replacing a damaged architectural element.

Integrity means the state of being unimpaired; both a building and its setting. Authenticity of a property's historic identity, evidenced by the survival of physical characteristics (i.e., location, setting, design, materials and workmanship) that existed during the property's historic period.

Major work project, unless further clarified in the approved design and construction guidelines, means a change in the appearance of a structure or site and is more substantial in nature than routine maintenance or minor work projects.

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

(1)

A reconstruction or alteration of the size, shape, or facade of an historic property, including any of its architectural elements or details;

(2)

Demolition or relocation of an historic structure;

(3)

Commencement of excavation for construction purposes;

(4)

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

(5)

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

Minor work project, unless further clarified in the approved design and construction guidelines, means a change that goes beyond ordinary maintenance but does not constitute a significant or character-altering change in the appearance of a structure or site.

Ordinary or routine maintenance means any action performed in order to preserve historic materials and other elements, including minor replacement of materials in-kind, provided that no change in the design or general appearance is made to a structure or site.

Preservation means the sustaining of the existing form, integrity and material of a building or structure; and the existing form and landscaping of a site.

Rehabilitation or renovation means returning a structure or property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those components that are significant to the historical, architectural and cultural values.

Remodel means to alter a structure in a way that may or may not be sensitive to the preservation of its significant architectural forms and features.

Restoration means accurately recovering the form and details of a structure and its setting as it appeared at a particular time in history by removing recent work and/or replacing missing earlier work.

Work project means any work performed to maintain and repair an existing structure or site and landscape feature; or any work performed to replace an existing structure or site and landscape feature, or component of such; or any work to build new construction (additions, infill, outbuildings, fences, etc.).

(ULDC 2005, § 9-23-1)

(a)

The purpose of this chapter, and other historic preservation related chapters of this Code, is to establish a uniform procedure for use in providing for the protection, enhancement, perpetuation and use of places, districts, sites, buildings, structures, landscape features and works of art having a special historical, architectural, cultural or aesthetic interest or value. An individual landmark or a group of properties comprising a district may be designated as local historic landmarks and districts, respectively, under the procedures in this chapter.

(b)

The Historic Preservation Overlay Zone and Historic Preservation Overlay Zone maps, as described in chapter 9-8-8, may be amended from time to time to include new or separate, noncontiguous designated historic districts, to modify existing local historic districts, to designate historic landmarks, or for other reason, provided that such amendment conforms to the provisions of this chapter and O.C.G.A. § 44-10-26, as applicable.

(c)

If an ordinance for designation is being considered, the governing body shall have the power to suspend or issue a moratorium on applications for alteration or demolition involving a property under consideration for designation; in which case, no building or demolition permits shall be issued until the final designation status is determined.

(ULDC 2005, § 9-23-2-1)

(a)

Local designations for either districts or individual landmarks may be proposed to be established, or to be rescinded, by the governing body, the historic preservation commission, or property owner. Local designations shall be considered as amendments to the Historic Preservation Overlay Zone as described in chapter 9-8-8.

(b)

An application for designation shall be accompanied by such drawings, photographs or plans as required by section 9-23-2-3, or as may be required by the director or historic preservation commission. Any applicant wishing to submit an application for a designation request must schedule an appointment with the community and economic development department staff in order to review the application for completeness. No such application shall be accepted for processing by the director unless it meets the requirements of this chapter. Incomplete or improper applications will be returned to the applicant. The director is hereby authorized to establish administrative deadlines for the receipt of applications.

(ULDC 2005, § 9-23-2-2)

(a)

Applications for designations. All applications for designations shall, at a minimum, consist of the following:

(1)

Districts.

a.

Application form. A completed application. All applications shall be submitted to the department of planning and development on the department's application forms.

b.

Boundary map. Provide a map of the proposed district, showing property boundary lines and the proposed district boundary line as well as streets and street names. This map should include the proposed name of the district. Indicate the historic or common name of each site. Maps can be a copy of the tax map, or the applicant can obtain a map of the general area from the community and economic development department upon an appointment and for a fee.

c.

List of current property owners and occupants. Provide a list of all current property owners and occupants, including name and mailing address, for the properties to be designated as a district. A paper copy and an electronic copy in Microsoft Excel format.

d.

Petition of support. A form included as part of the official designation application form provided by the community and economic development department. The petition requires the name, contact information, and signature of property owners in support of the request. It is encouraged that the applicant obtain the support of at least 50 percent of the property owners within the proposed district.

e.

Photographs. Provide two clear sets of recent photographs of at least four-inches by six-inches in size. The photographs can be black and white or color. Polaroids will not be accepted. Provide photographs of a structure representative of each architectural style within the proposed district as follows:

1.

Provide one photograph of each elevation with text identifying the view (e.g., south elevation or main entry).

2.

Provide two perspective photographs (i.e., photo looking at the front of the structure, including some of the front lawn area and any other unique feature).

3.

Provide additional photographs of garages, outbuildings, or other significant feature that will aid the visual representation and architectural significance of the district.

4.

Type the following information on a self-adhesive label and attach it to the back of each photograph: common name of property, street address and tax parcel number, name of photographer, date of photo, and view and direction.

f.

Written statements. On the written statements form, included with the application form provided by the community and economic development department (or as typed on a separate attachment), provide detailed information with respect to the significance of the district, description of the proposed district, history of the proposed district, and statement of justification.

(2)

Individual landmarks.

a.

Application form. A completed application. All applications shall be submitted to the department of planning and development on the department's application forms.

b.

Plat/boundary survey. Provide a plat/boundary survey that is prepared by a registered land surveyor and depicts, at a minimum, the property boundary lines, all existing structures, and street names.

c.

Legal description. Legal description with the metes and bounds that corresponds with the plat or boundary survey. A paper copy and an electronic copy in Microsoft Word format of the legal description must be submitted.

d.

Copy of grant deed. Provide a copy of the grant deed which verifies current ownership. Such information should match the information held to be true by the county tax assessor's office.

e.

Photographs. Provide two clear sets of recent photographs of at least four inches by six inches in size, following the guidelines outlined in this section for district designations.

f.

Written statements. On the written statements form, included with the application form provided by the community and economic development department (or as typed on a separate attachment), provide detailed information with respect to the significance of the district, description of the proposed district, history of the proposed district, and statement of justification.

(b)

Requesting necessary information for review. The director may request information in addition to that specified in this section when considered necessary for review of the application by the governing body or historic preservation commission.

(ULDC 2005, § 9-23-2-3)

(a)

Notice in the newspaper. Before the governing body may take final action on a designation application, the historic preservation commission shall hold a public hearing on the proposal. At least ten days, but not more than 20 days, prior to the public hearing before the historic preservation commission, notice shall be published at least three times in a newspaper of general circulation within the city. The published notice shall be prepared by the community and economic development department and shall include a general description of the location to be considered for designation, total acreage, and the date, time, and place of the public hearing before the historic preservation commission.

(b)

Notice to owners and occupants of properties proposed for designation. At least ten days, but not more than 20 days, prior to the public hearing before the historic preservation commission, the community and economic development department shall mail written notice of the public hearing to all owners and occupants of such properties. Notice sent via the United States Mail to the last-known owner and current occupant of the property shall constitute legal notification to the owner and occupant under this chapter. The notice shall state the date, time, place and purpose of the hearing by the historic preservation commission.

(ULDC 2005, § 9-23-2-4)

(a)

State documentation report. The director or designee, on behalf of the historic preservation commission, shall prepare a formal report at least 30 days prior to the historic preservation commission holding a public hearing and making a recommendation on a designation application. Said report, a copy of which shall be provided to the state historic preservation division of the state department of natural resources, shall be used to educate the community and to provide a permanent record of the designation, and shall consist of the following:

(1)

A physical description;

(2)

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

(3)

A map showing district boundaries and classification of individual properties therein in accordance with the criteria outlined in section 9-23-2-6, or showing boundaries of individual historic landmarks;

(4)

A statement justifying district or individual property boundaries; and

(5)

Representative photographs.

(b)

Investigations and staff findings.

(1)

Within a reasonable period of time after acceptance of a complete application, the director may, but shall not be required to, send the application or notice thereof out for review by internal municipal departments and external agencies as may be appropriate. Any written comments received in a timely manner as a result of such review shall be submitted for consideration to the historic preservation commission and governing body, or summarized in a memorandum. Any such comments shall become public records.

(2)

The director may, but shall not be required to, investigate and write a report of findings regarding the designation application. Any such investigation and report of findings shall if in writing be made available to the applicant and historic preservation commission prior to its public hearing and shall become public records. Copies of the director's report of findings, if provided, shall be available no later than the time of the historic preservation commission's public hearing on the matter.

(ULDC 2005, § 9-23-2-5)

The director, the historic preservation commission, and governing body shall consider the following standards in considering any designation application, giving due weight or priority to those factors that are appropriate to the circumstances of each proposal:

(1)

Criteria for selection of historic district.

a.

Geographically definable area. An historic district is a geographically definable area, which contains structures, sites, works of art or a combination thereof, which:

1.

Exhibits a significant historical, architectural, cultural or environmental character or value;

2.

Represents one or more periods, styles or types of architecture typical of one or more eras in the history; and

3.

Constitutes a visibly perceptible section of the municipality or county by reason of above.

b.

Boundaries. Boundaries of an historic district shall be specified on tax maps; and shall be shown on the official zoning map of the city. Boundaries shall be included in the separate ordinances designating local districts; boundaries specified in legal notices shall coincide with the boundaries proposed for designation.

c.

Evaluation of properties within historic districts. Individual properties within districts proposed for designation shall be classified as:

1.

Historic: An individual property that is more than 50 years old and contributes to the historic district;

2.

Non-historic: An individual property less than 50 years old that possesses an architectural character which does not contribute nor detract from the district; or that is associated with an event or person of historic or cultural significance;

3.

Intrusive: An individual property that is less than 50 years old, and does not contribute to the historical character of the district;

4.

Vacant: An individual property that contains no buildings or other structures.

(2)

Criteria for selection of an historic landmark.

a.

Individual structure, site, or work of art. An historic landmark is an individual structure, site or work of art, including the adjacent area necessary for the proper appreciation or use thereof, deemed worthy of preservation for one or more of the reasons listed below:

1.

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

2.

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

3.

It is a site or structure associated with an event or person of historic or cultural significance; or

4.

It is a site of natural or aesthetic value that is continuing to contribute to the historical or cultural development and heritage.

b.

Boundaries. Boundaries. Boundaries of an historic landmark shall be clearly defined for individual properties on tax maps; and shall be shown on the official zoning map of the city.

c.

Evaluation of individual landmarks.

1.

Historic: An individual property that is more than 50 years old and contributes to the historic district;

2.

Non-historic: An individual property less than 50 years old that possesses an architectural character which does not contribute nor detract from the district; or that is associated with an event or person of historic or cultural significance;

3.

Intrusive: An individual property that is less than 50 years old, and does not contribute to the historical character of the district;

4.

Vacant: An individual property that contains no buildings or other structures.

(ULDC 2005, § 9-23-2-6)

(a)

Upon a written application of a party of interest and 30-day written notice to all necessary agencies, the governing body may amend or rescind the designation of an historic district or landmark following a public hearing and upon the finding that the district or landmark fails to comply with the designation criteria outlined in section 9-23-2-6.

(b)

A request to amend or rescind the historic designation shall follow the procedures outlined in section 9-23-2-2 for initiating an application for designation.

(c)

The written application shall state why the designated district or landmark fails to comply with the designation criteria; the burden of proof shall be upon the applicant to show that the designation by the governing body fails to comply with the designation criteria. The applicant or historic preservation commission may appeal the decision made by the governing body to amend or rescind the designation to a court of competent jurisdiction in the manner provided by law.

(ULDC 2005, § 9-23-2-7)

(a)

Within a reasonable period of time after acceptance of a complete application, the director may, but shall not be required to, send the application or notice thereof out for review by internal municipal departments and external agencies as may be appropriate. Any written comments received in a timely manner, as a result of such review, shall be submitted for consideration to the historic preservation commission and the governing body, or summarized in a memorandum. Any such comments shall become public records.

(b)

The director may, but shall not be required to, investigate and write a report of findings regarding the application for designation. Any such investigation and report of findings shall, if in writing, be made available to the applicant and historic preservation commission prior to its public hearing and shall become public records. Copies of the director's report of findings, if provided, shall be available no later than the time of the historic preservation commission's public hearing on the matter.

(ULDC 2005, § 9-23-2-8)

(a)

The historic preservation commission shall convene a public hearing on the designation application as provided in the public notice. The public hearing shall follow policies and procedures which govern calling and conducting public hearings established in chapter 9-22-9.

(b)

In rendering a decision on a designation application, the historic preservation commission shall consider all information supplied by the applicant, the director, and any information presented at the public hearing of the historic preservation commission. A recommendation to approve or deny the proposed ordinance for designation shall be made by the historic preservation commission within 15 days following the public hearing. The historic preservation commission may submit any additional report it deems appropriate. The recommendations of the historic preservation commission shall have an advisory effect only and shall not be binding on the governing body.

(ULDC 2005, § 9-23-2-9)

(a)

Notice in the newspaper. At least ten days, but not more than 20 days, prior to the public hearing before the governing body, notice shall be published at least three times in a newspaper of general circulation within the city. The published notice shall be prepared by the community and economic development department and shall include a general description of the location to be considered for designation, total acreage, and the date, time, and place of the public hearing before the governing body.

(b)

Notice to owners and occupants of properties proposed for designation. At least ten days, but not more than 20 days, prior to the public hearing before the governing body, the community and economic development department shall mail written notice of the public hearing to all owners and occupants of such properties in the form of an action letter stating the action taken by the historic preservation commission. Notice sent via the United States Mail to the last-known owner and current occupant of the property shall constitute legal notification to the owner and occupant under this chapter. The notice shall state the date, time, place and purpose of the hearing by the governing body.

(ULDC 2005, § 9-23-2-10)

(a)

Following the receipt of the historic preservation commission's recommendation and a public hearing; the governing body may approve the designation application, approve the application with conditions or amendments, deny the application, allow for withdrawal of the application, table the application, or refer the application for designation back to the historic preservation commission for further consideration. The applicant or the historic preservation commission may appeal the decision made by the governing body to adopt or reject the designation ordinance to a court of competent jurisdiction in the manner provided by law.

(b)

Any ordinance designating a district or individual landmark as historic shall:

(1)

Include a description of boundaries for a proposed historic district and a list of properties located therein; or a description of the proposed individual historic landmark;

(2)

Set forth the names of the owners of the designated properties;

(3)

Require that a certificate of appropriateness be obtained from the historic preservation commission prior to any exterior material change in appearance of a structure or site of the designated property; and

(4)

Require that the district or landmark be shown on the official zoning map.

(ULDC 2005, § 9-23-2-11)

(a)

Within 30 days immediately following the adoption of the ordinance for designation by the governing body, the director shall notify the owner and occupants of each designated historic property, or individual landmark, of said designation. Said notice shall apprise the owners and occupants of the necessity of obtaining a certificate of appropriateness prior to undertaking any work project involving an exterior material change in appearance of a structure or the site.

(b)

The director also shall notify all necessary agencies within the city of the ordinance for designation.

(ULDC 2005, § 9-23-2-12)

(a)

A designation application may be withdrawn at any time at the discretion of the person or entity initiating such a request upon notice to the director, up until the public hearing by the historic preservation commission is closed without restriction on the refiling of said designation application.

(b)

The application may be withdrawn administratively by the director at any point during the public hearing process without restriction on the refilling of said designation application, whether or not in the form of a modified version.

(ULDC 2005, § 9-23-2-13)

This chapter is intended to comply with the provisions of the Georgia Historic Preservation Act, O.C.G.A. § 44-10-20 et seq., which Act is incorporated by reference in its entirety into this chapter. Where any provision of this chapter is in conflict with any provision of the Act, the Act shall control. Or where this chapter is incomplete in having failed to incorporate a provision necessarily required for the implementation of the Act, such provision of the Act, so as to meet the mandate of the Act, shall be fully complied with.

(ULDC 2005, § 9-23-2-14)

(a)

The purpose of this chapter is to establish a uniform procedure for use in providing for the protection, enhancement, perpetuation and use of places, districts, sites, buildings, structures, landscape features and works of art having a special historical, architectural, cultural or aesthetic interest or value.

(b)

After the designation of an historic district or landmark, no material change in the exterior appearance of the structure or the site of such property shall be made, or be permitted to be made by the owner or occupant, until an application for a certificate of appropriateness has been submitted to the community and economic development department and approved by the historic preservation commission for major work projects, or, in the case of minor work projects, by the director.

(ULDC 2005, § 9-23-3-1)

(a)

Initiation.

(1)

An application for a certificate of appropriateness for any property locally designated as historic may be initiated by the governing body, historic preservation commission, the owner or an occupant of the property, or some other person given authorization by property owner to file said application. An application for a certificate of appropriateness shall be accompanied by such drawings, photographs or plans as required by section 9-23-3-4, or as may be required by the director or historic preservation commission.

(2)

Any applicant wishing to submit an application for a certificate of appropriateness request must schedule an appointment with the community and economic development department staff in order to review the application for completeness. No such application shall be accepted for processing by the director unless it meets the requirements of this chapter. Incomplete or improper applications will be returned to the applicant. The director is hereby authorized to establish administrative deadlines for the receipt of applications.

(b)

Issuance.

(1)

Alterations and new construction. The historic preservation commission, or the director in the case of a minor work project, shall issue a certificate of appropriateness for alterations or new construction if the proposed plans and specifications conform in design, building materials, setback and landscaping as specified in the adopted design and construction guidelines for locally designated historic districts and landmarks.

(2)

Demolition or relocation. No demolition or relocation shall be allowed prior to the issuance of a certificate of appropriateness. An application for a certificate of appropriateness involving demolition or relocation shall be accompanied by both pre- and post-demolition (or relocation) plans for review by the historic preservation commission.

(3)

Interior alterations. In its review of applications for certificates of appropriateness, the historic preservation commission, or the director in the case of a minor work project, shall not consider the interior design or other use that has no effect on exterior architectural features. This chapter does apply if the interior revisions materially impact the exterior architectural character.

(c)

Technical assistance. The historic preservation commission may seek technical advice from the community and economic development department and from outside its members. The director, in the case of minor work projects, may seek technical advice from the historic preservation commission or outside agencies.

(ULDC 2005, § 9-23-3-2)

(a)

Major and minor work projects shall be further clarified in the approved design and construction guidelines, but are generally defined as follows:

(1)

Major work projects: A major work project involves a change in the appearance of a building, structure or site and is more substantial in nature than routine maintenance or a minor work project.

(2)

Minor work projects: A minor work project involves a change that goes beyond ordinary maintenance but does not constitute a significant or character-altering change in the appearance of a building, structure or site.

(b)

All certificates of appropriateness for major work projects shall be reviewed and approved by the historic preservation commission as contained in this chapter. All certificates of appropriateness for minor work projects shall be administratively reviewed and approved by the director in accordance with the approved design and construction guidelines and this Code. The director shall refer minor work projects to the historic preservation commission for review and approval if it is determined that the proposed work project involves alterations, additions, or removals that are substantial, or do not meet the adopted design and construction guidelines, and/or are of a precedent-setting nature.

(c)

In those instances where there is no clear determination of what is considered a major work project versus what is considered a minor work project, as further defined in the approved design and construction guidelines; the community and economic development department director shall have the authority to make the determination.

(ULDC 2005, § 9-23-3-3)

All applications for certificates of appropriateness shall, at a minimum, consist of the following:

(1)

Pre-filing conference. An applicant must schedule an appointment for a prefiling conference with the community and economic development department staff.

(2)

Application form. A completed application. All applications shall be submitted to the department of planning and development on the department's application forms.

(3)

Application fee. All applications shall be accompanied by a non-refundable fee as fixed from time to time by the governing body.

(4)

Written description. A written narrative detailing the proposed work project, indicating the reason why the work project is being proposed. Include a description of existing site conditions, an explanation of how such conditions will be changed, an explanation of how the work will be performed, and a description of materials to be used.

(5)

Copy of the recorded grant deed. A copy of the recorded grant deed confirming current ownership by applicant or person giving authorization for the application to be made.

(6)

Boundary survey/plat. A plat or boundary survey of the property involved in the application.

(7)

Photographs. Provide one clear set of four-inch by six-inch size recent photographs of the existing building and site. The photographs can be black and white, or color. Polaroids will not be accepted. Type the following information on a self-adhesive label and attach it to the back of each photograph: common name of property, street address and tax parcel number, date of photo, and view/direction.

(8)

Architectural drawings.

a.

Additions and new construction. Architectural drawings of all elevations, providing eight copies if drawn in color or if of a size larger than 8½ inches by 11 inches (only for additions and other new construction work projects). Provide two copies of colored or large-scale size documents involving a minor work project. Architectural drawings stamped by a registered architect shall be required for an addition or new building exceeding 5,000 square feet in size.

b.

Signs. Provide a scaled, color rendering of new signage or proposed changes to existing signage, indicating the height and structural supports of the sign, the materials, and illumination. On the plat/boundary survey submitted, locate and label any proposed freestanding signage, indicating the distance from the right-of-way.

c.

Fences or walls. Provide a structural plan for any fence or wall, indicating the height, color and materials to be used.

(9)

Concept plan and landscape plan. A scaled size concept plan, indicating the location of new construction or site changes and existing mature and newly proposed trees and other landscaping, shall be submitted with all applications for a certificate of appropriateness. For major work projects, provide eight copies if drawn in color or if of a size larger than 8½ inches by 11 inches. Provide two copies of colored or large-scale size plans involving a minor work project. Said plans must be stamped by a registered engineer, land surveyor, or landscape architect if the work project involves an addition or other new construction exceeding 5,000 square feet in size.

(10)

Floor plan. A floor plan for any addition or new construction shall be submitted. For major work projects, provide eight copies if drawn in color or if of a size larger than 8½ inches by 11 inches. Provide two copies of colored or large-scale size plans involving a minor work project. Said floor plan must be stamped by a registered architect if the work project involves an addition or other new construction exceeding 5,000 square feet in size, demolition or relocation.

(11)

Pre- and post-demolition (relocation) plans. Applications involving demolition or relocation shall be accompanied by both pre- and post-demolition (relocation) plans for review by the historic preservation commission. Provide eight scaled and folded copies, folded to fit into an eight-inch by ten-inch size envelope, and one 11-inch by 17-inch reproducible copy. Said plans must be stamped by a registered engineer or land surveyor.

a.

Pre-demolition plans shall indicate the as-built conditions of the site, depicting the existing floor plan, trees and other landscaping, and other site features; and shall include architectural elevations stamped by a registered architect.

b.

Post-demolition plans shall indicate the proposed structural and site changes, including the proposed floor plan, tree and landscape plan, and architectural elevations stamped by a registered architect.

(12)

Documentation of earlier historic appearance. Provide written documentation, and drawings or photographs when available, of the earlier historic appearance of a building or structure, or site (restoration projects only).

(13)

Report from certified expert. A report from a certified arborist or forester confirming a mature tree proposed for removal is dead or diseased (only for a minor work project involving the removal of a dead or diseased tree, or a tree that poses of public safety hazard).

(ULDC 2005, § 9-23-3-4)

Before the historic preservation commission may take final action on a proposed certificate of appropriateness application, the historic preservation commission shall hold a public hearing on the proposal. At least 15 days prior to the review of such applications, notice of the hearing shall be given in the following manner:

(1)

Published in the local newspaper. The published newspaper notice shall be prepared by the community and economic development department and shall include the location of the property, the nature of the proposed work project, and the date, time, and place of the public hearing before the historic preservation commission.

(2)

Notice sign. Sign is to be written upon a notice sign which is to be placed on the subject property by the city at least 15 days prior to the public hearing. The notice sign, which shall state the date, time and place of the public hearing before the historic preservation commission, shall be placed in a conspicuous location along each street frontage of the property for which the certificate of appropriateness has been requested. If the property has no street frontage, the sign shall be placed on each street from which access will be gained to the property.

(3)

Notice letters. Written notice shall be mailed to the owner and occupant of the subject property and to owners of property located within the locally designated district, or to the owners of property adjoining a locally designated landmark. The notice shall state the date, time, place and purpose of the hearing by the historic preservation commission.

(ULDC 2005, § 9-23-3-5)

(a)

Within a reasonable period of time after acceptance of a complete application, the director may, but shall not be required to, send the application or notice thereof out for review by internal municipal departments and external agencies as may be appropriate. Any written comments received in a timely manner as a result of such review shall be submitted for consideration to the historic preservation commission, and the governing body in the case of an appeal, or summarized in a memorandum. Any such comments shall become public records.

(b)

The director may, but shall not be required to, investigate and write a report of findings regarding the application for a certificate of appropriateness. Any such investigation and report of findings shall if in writing be made available to the applicant and historic preservation commission prior to its public hearing and shall become public records. Copies of the director's report of findings, if provided, shall be available no later than the time of the historic preservation commission's public hearing on the matter.

(ULDC 2005, § 9-23-3-6)

(a)

The historic preservation commission shall issue a certificate of appropriateness for alterations or new construction if the proposed plans and specifications conform in design, building materials, placement and orientation, and landscaping, as specified in the adopted design and construction guidelines, and if the process and procedures specified in this chapter are complied with. In making this determination, the historic preservation commission shall consider the following, in addition to any other pertinent factors:

(1)

The historical, environmental and architectural value and significance;

(2)

The architectural style; general design and arrangement, texture and material of the architectural features involved; and

(3)

The relationship thereof to the exterior architectural style and pertinent features of other structures located in the immediate vicinity.

(b)

No demolition or relocation shall be allowed prior to the issuance of a certificate of appropriateness, and the historic preservation commission shall not grant certificates of appropriateness for demolition or relocation without reviewing both the pre- and post-demolition or relocation plans as part of the application. Upon receipt of an application for a certificate of appropriateness for demolition or relocation, the historic preservation commission shall apply the procedures set forth in this chapter to determine whether to deny the application or issue a certificate of appropriateness for demolition or relocation.

(ULDC 2005, § 9-23-3-7)

(a)

The historic preservation commission shall hold a public hearing and act upon all proposed certificates of appropriateness referred to it (i.e., excluding minor work projects) within 45 days of receipt of a complete application. The property owner or applicant shall have an opportunity to speak at the public hearing.

(1)

Historic preservation commission action. The historic preservation commission shall approve the certificate of appropriateness as proposed, approve the application with modifications, or deny the request.

a.

Approval. The historic preservation commission shall approve, or approve with modifications, an application and issue a certificate of appropriateness if it finds that the proposed material changes in the exterior appearance of the building, structure or site would not adversely affect the historical, architectural, aesthetic, cultural or environmental character or value of the historic district or individual landmark.

b.

Denial. The historic preservation commission shall deny a certificate of appropriateness if it finds that the proposed material changes in exterior appearance of the building, structure or site would adversely affect the historical, architectural, aesthetic, cultural or environmental character or value of the historic district or individual landmark.

(2)

Deadline for action. Failure of the historic preservation commission to hold a public hearing and act upon the request within the said 45 days shall constitute approval of the certificate of appropriateness.

(b)

If the historic preservation commission denies an application for a certificate of appropriateness, the historic preservation commission shall state on the public record its reasons for denial. The director shall mail to the applicant and/or property owner a written action letter, stating the historic preservation commission's reasons for denial; as well as keep a record of such action and reasons. If the historic preservation commission denies the request for a certificate of appropriateness, no building permit shall be issued in those cases in which an exterior material change would require the issuance of a building permit.

(ULDC 2005, § 9-23-3-8)

(a)

All work performed pursuant to an issued certificate of appropriateness shall conform to the requirements of such certificate. In the event work performed is not in accordance with such certificate, the appropriate city department on behalf of the historic preservation commission shall issue a cease and desist order and all work shall cease.

(b)

The governing body, or the historic preservation commission upon authorization by the governing body, shall be authorized to institute appropriate action in a court of competent jurisdiction in order to prevent any exterior material change in appearance of a designated historic district or landmark, except those changes made in compliance with the provisions and authority of this chapter, and to prevent any illegal act with respect to such historic district or landmark.

(ULDC 2005, § 9-23-3-9)

(a)

Notice of the issuance or denial of a certificate of appropriateness shall be sent by United States mail to the owner, occupant and/or applicant. Such notice of approval shall be posted in the form of a sticker on the land development and building permit signs posted on a site undergoing alterations requiring such permits. The design and color of said approval sticker shall be at the discretion of the director.

(b)

A certificate of appropriateness shall expire unless construction is commenced within six months of the date of issuance. Certificates of appropriateness shall be issued for a period of 18 months and are renewable upon a showing of cause.

(ULDC 2005, § 9-23-3-10)

(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 city council. The governing body may approve, modify, or deny the determination made by the historic preservation commission if the governing body finds that the historic preservation commission abused its discretion in reaching its decision, or finds that the determination is unfounded by the provisions of this Code and the adopted design and construction guidelines, and/or are contrary to applicable law.

(b)

An application for appeal must be filed within 15 days after notification is sent of the historic preservation commission's determination. The application for appeal shall include the reasons for why the determination or decision is unsupported by the provisions of this Code, the adopted design and construction guidelines, and/or are contrary to applicable law.

(c)

Appeals from a decision of the governing body may be taken to a court of competent jurisdiction in the manner provided by law.

(ULDC 2005, § 9-23-3-11)

(a)

An application for certificate of appropriateness may be withdrawn at any time at the discretion of the person or entity initiating such a request upon notice to the director, up until the public hearing by the historic preservation commission is closed without restriction on the refiling of said designation application.

(b)

The application may be withdrawn administratively by the director at any point during the public hearing process without restriction on the refilling of said certificate of appropriateness application, whether or not in the form of a modified version.

(ULDC 2005, § 9-23-3-12)

(a)

Department of transportation. The state department of transportation and any of its contractors, including the city and the county, performing work funded by the state department of transportation, are exempt from the provisions of this chapter, as provided by O.C.G.A. § 44-10-27.

(b)

City. The city is exempt from the requirement of obtaining certificates of appropriateness, provided that the governing body shall notify the historic preservation commission 45 days prior to an activity that would otherwise require a certificate of appropriateness and allow the historic preservation commission an opportunity to comment.

(ULDC 2005, § 9-23-3-13)

This chapter is intended to comply with the provisions of the Georgia Historic Preservation Act, O.C.G.A. § 44-10-20 et seq., which Act is incorporated by reference in its entirety into this chapter. Where any provision of this chapter is in conflict with any provision of the Act, the Act shall control. Or where this chapter is incomplete in having failed to incorporate a provision necessarily required for the implementation of the Act, such provision of the Act, so as to meet the mandate of the Act, shall be fully complied with.

(ULDC 2005, § 9-23-3-14)

(a)

Persons may appeal to the historic preservation commission for relief when compliance with the requirements of this article and other article related to the Historic Preservation Overlay Zone would create a particular and undue hardship.

(b)

An undue hardship shall not be a situation of the person's own making. Such relief may be granted only to the extent necessary to alleviate such unnecessary hardship and not as a convenience neither to the applicant or owner, nor to gain any advantage or interest over similarly designated properties.

(ULDC 2005, § 9-23-4-1)

(a)

An application for an undue hardship variance for any property located within a designated district, or for any designated landmark, may be initiated by the governing body, historic preservation commission, the owner or an occupant of the property, or some other person given authorization by property owner to file said application. An application for an undue hardship variance shall be accompanied by such documentation as required by section 9-23-4-3, or as may be required by the director or historic preservation commission.

(b)

Any applicant wishing to submit an application for an undue hardship must schedule an appointment with the community and economic development department staff in order to review the application for completeness. No such application shall be accepted for processing by the director unless it meets the requirements of this chapter. Incomplete or improper applications will be returned to the applicant. The director is hereby authorized to establish administrative deadlines for the receipt of applications.

(ULDC 2005, § 9-23-4-2)

(a)

Applications for undue hardship. To initiate an application for undue hardship, an application must be submitted to the community and economic development department which shall include, at minimum, the following:

(1)

Application form. A completed application. All applications shall be submitted to the department of planning and development on the department's application forms.

(2)

Fee. All applications shall be accompanied by a non-refundable fee as fixed from time to time by the governing body.

(3)

Written narrative. A written narrative explaining the purpose and intent of the application, detailing the undue hardship. If the undue hardship involves economic reasons, a financial analysis indicating how compliance with the provisions of this article and other articles related to the Historic Preservation Overlay Zone imposes an undue economic hardship.

(b)

Requesting necessary information for review. The historic preservation commission, in reviewing an application for undue hardship, shall also be authorized to require any additional supporting information necessary to review an application for undue hardship. These may include, but are not limited to, a boundary survey/plat, architectural renderings, or a concept plan or an as-built survey.

(ULDC 2005, § 9-23-4-3)

Before the historic preservation commission may take final action on an application for undue hardship, the historic preservation commission shall hold a public hearing on the proposal. At least 15 days prior to the review of such applications, notice of the hearing shall be given in the following manner:

(1)

Published in the local newspaper. The published newspaper notice shall be prepared by the community and economic development department and shall include the location of the property, the nature of the request, and the date, time, and place of the public hearing before the historic preservation commission.

(2)

Notice letters. Written notice shall be mailed to the owner and occupant of the subject property and to owners of property located within the locally designated district, or to the owners of property adjoining a locally designated landmark. The notice shall state the date, time, place and purpose of the hearing by the historic preservation commission.

(ULDC 2005, § 9-23-4-4)

(a)

An undue hardship variance may be granted in whole or in part, or with conditions, in such an individual case of unnecessary hardship upon a finding by the historic preservation commission that compliance with such provision will result in a hardship to the property or owner that is substantially unwarranted by the protection of the public health, safety or general welfare, and the need for consistency among all properties similarly designated and of:

(1)

A similar historical, environmental and architectural value and significance;

(2)

Architectural style, general design and arrangement, texture and material of the architectural features involved; and

(3)

The relationship thereof to the exterior architectural style and pertinent features of other structures located in the designated district or upon the designated landmark.

(b)

In no case shall an undue hardship variance be granted by the historic preservation commission for a condition created by the applicant, including the result of an unwise investment decision or real estate transaction.

(ULDC 2005, § 9-23-4-5)

(a)

Approval of an application for an undue hardship variance on a property located within the city shall be in full force and effect upon its approval by the historic preservation commission and shall be effective for a period of 12 months. If no action is taken by the applicant to implement the purpose of the application within 12 months from the date of approval, said approval shall become null and void.

(b)

An undue hardship variance shall be specific to the request made by the current applicant and shall not stay with the property, as is the case for designation.

(ULDC 2005, § 9-23-4-6)

(a)

Any person adversely affected by any determination made by the historic preservation commission relative to the issuance or denial of an undue hardship may appeal such determination to governing body. The governing body may approve, modify, or deny the determination made by the historic preservation commission if the governing body finds that the historic preservation commission abused its discretion in reaching its decision, or finds that the determination is unfounded by the provisions of this Code and are contrary to applicable law.

(b)

An application for appeal must be filed within 15 days after notification is sent of the historic preservation commission's determination. The application for appeal shall include the reasons for why the determination or decision is unsupported by the provisions of this Code and are contrary to applicable law.

(c)

Appeals from a decision of the governing body may be taken to a court of competent jurisdiction in the manner provided by law.

(ULDC 2005, § 9-23-4-7)