The purpose of this article is to protect the City of Grantville's historic neighborhoods from incompatible development and to advance long-term plans for these areas. The community finds that its historic neighborhoods are important cultural and economic assets, critical to the City of Grantville's development, heritage tourism and heritage education goals, and ultimately to the public's long-term interest.

Zoning standards and regulations should protect these areas while advancing community development goals and furthering and protecting the public's health, safety and welfare. New construction in these areas should complement rather than interrupt, obscure, or otherwise damage or destroy the historic neighborhoods.

11.2-1

Historic Neighborhoods shall be those areas listed and described herein and further delineated on the Official Zoning Map of the City of Grantville, which is incorporated and made a part of this ordinance.

11.2-2

Historic Neighborhoods shall include: the Grantville Historic District, as listed in the National Register of Historic Places on June 14, 1991, bounded by U.S. Highway 29, LaGrange Street, West Grantville Road, and the Grantville city cemetery.

11.2-3

Additional Historic Neighborhoods may be designated by amendment to the Zoning Ordinance, after public hearing.

Within the designated Historic Neighborhoods, the provisions of this article shall apply to:

12)

New construction and building additions, if such additions will increase floor space;

13)

Relocation of existing buildings, into or out of the Historic Neighborhoods;

14)

Proposed demolition of existing structures; and

15)

Other applicable issues, if specified herein.

Historic Neighborhoods shall function as overlay districts. They may include, be contiguous with, or later become, local historic districts (adopted in accordance with Grantville's Historic Preservation Ordinance adopted October 10, 1988), designated National Register properties or districts, or portions thereof. The regulations of such underlying districts and of the underlying zoning districts shall be maintained and not affected, except in the event of conflict or discrepancy between the Historic Neighborhood and the underlying district or districts. In that case, the more stringent requirements shall be observed, unless noted otherwise in this Article.

[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:]

Historic Neighborhood - means a geographically definable area, possessing a significant concentration, linkage, or continuity of sites, buildings, structures or objects united by past events or aesthetically by plan or physical development, listed and described within this Article, and further delineated on the Official Zoning Map of the City of Grantville.

New Construction - means the fabrication or placement of any building or other structure on a lot, or an addition to an existing building if such addition is visible from the street or streets and would increase the building's floor space.

Within the Historic Neighborhood or Neighborhoods, the following conditions and compatibility standards shall apply.

11.5-1

New construction and building additions.

a)

Size, scale and setback. New buildings shall be similar to nearby buildings in terms of height, width and setback from the street.

b)

Materials. New buildings shall utilize exterior materials common to the exterior of the buildings in the Historic Neighborhood.

c)

Shapes. Roof pitches and building shapes should be consistent with those within the Historic Neighborhood.

d)

Rhythm. New construction shall respect the pattern of windows and doors of buildings in the vicinity.

e)

Orientation or directional expression of front elevation. New structures shall be visually compatible with the orientation of the buildings, squares and places to which they are visually related.

f)

Landscaping. Landscaping shall attempt to maintain the historic characteristics and be visually compatible with the overall environment of the Historic Neighborhood.

g)

Appurtenances. Appurtenances related to a building (such as fences, stone walls, light fixtures, steps, paving, sidewalks, and signs) shall be visually compatible with the environment of the buildings, places, and squares to which they are related.

h)

Modern design. Modern designs shall not be discouraged, if they are sensitive to the visual characteristics of the Historic Neighborhood.

i)

(Reserved)

j)

(Reserved)

k)

(Reserved)

11.5-2

Demolition of existing structures.

a)

Proposed demolition of existing structures within Historic Neighborhoods shall be subject to the prior review by the City of Grantville Historic Preservation Commission.

b)

Upon receipt of any request to demolish a building, or any part thereof, the Historic Preservation Commission shall review the circumstances and condition of the structure or part proposed for demolition and make an initial determination as to whether any of the following criteria apply to the structure:

i)

Is the building of such architectural or historical interest that its removal would be to the detriment of the public interest?

ii)

Is the building of such old and unusual or uncommon design, texture and material that it could not be reproduced or be reproduced only with great difficulty?

iii)

Would retention of the building help preserve and protect the Historic Neighborhood?

iv)

Would retention of the building promote the general welfare by maintaining and increasing real estate values; generating business; creating jobs; attracting new residents; promoting heritage education; or making the City of Grantville a more attractive and desirable place to live?

c)

Should the Historic Preservation Commission determine that none of the criteria listed above are applicable, then permission to demolish the building shall be granted, no later than 45 days after the property owner's written request to demolish the building.

d)

If the Grantville Historic Preservation Commission instead should determine that at least one of the above criteria is applicable, then the City shall notify persons or groups interested in historic preservation who may wish to work with the owner in an effort to preserve the structure, or locate purchasers who would agree to preserve the building in accordance with the Secretary of Interior Standards for Historic Properties.

e)

If efforts to preserve the building (in accordance with 11.5-2(d) above) have failed, 180 days after the owner's written request for demolition, permission to demolish the building shall be granted.

11.5-3

Building Relocation. Buildings shall be retained on their present sites whenever possible. Relocation shall be considered only as an alternative to demolition.

a)

For buildings to be moved into the Historic Neighborhood, or relocated within the Historic Neighborhood, new construction standards shall apply (Article 11.5-1 above).

b)

For buildings to be moved out of the Historic Neighborhood, demolition standards shall apply (Article 11.5-2 above).

11.5-4

Ordinary Maintenance. Property owners shall not allow their buildings to deteriorate by failing to provide ordinary maintenance.

11.6-1

Provisions of the Overlay District shall be administered by the City of Grantville Historic Preservation Commission.

11.6-2

The Historic Preservation Commission shall adopt rules and standards for the administration of this Article, such as issuance procedures and forms, and detailed design guidelines and criteria, as appropriate. The Historic Preservation Commission shall have the flexibility to adopt rules and standards without amendment to this Zoning Ordinance.

11.6-3

The Historic Preservation Commission shall have the power to seek technical advice from outside its members on any application.

11.6-4

A public record shall be kept of all resolutions, proceedings and official actions taken in accordance with this Article.

11.6-5

Violations of any provisions of this Article shall be punished in the same manner as provided for punishment of violations of validly enacted ordinances of the City.

11.6-6

On matters of new construction or building additions, failure of the Historic Preservation Commission to act within forty-five (45) days after receipt of property owner's duly submitted application shall constitute approval, and no other evidence of approval shall be needed.

11.6-7

On matters of new construction or building additions, permits or certificates issued by the Historic Preservation Commission shall become void unless construction is commenced within six (6) months of issuance. Such permits or certificates shall be issued for a period of eighteen (18) months and shall be renewable.

11.6-8

All work performed pursuant to an issued permit or certificate shall conform to the requirements of such certificate. If the work performed is not in accordance with such certificate, the Historic Preservation Commission shall issue a cease and desist order and all work shall cease.

11.6-9

The City of Grantville or its Historic Preservation Commission shall be authorized to institute any appropriate action or proceeding in a court of competent jurisdiction to prevent any new construction, demolition or building relocation not in compliance with the provisions of this ordinance or to prevent any illegal act or conduct with respect to the designated Historic Neighborhood or Neighborhoods.

11.6-10

On matters of building maintenance, if the Historic Preservation Commission determines a failure to provide ordinary maintenance or repair, the Commission will notify the owner of the property and set forth the steps which need to be taken to remedy the situation. The owner of such property will have thirty (30) days in which to do this. In the event that the condition is not remedied in thirty (30) days, the owner shall be subject to the noncompliance penalties of this ordinance and, the City may perform such maintenance or repair as is necessary to prevent deterioration of the property by neglect. The owner of the property shall be liable for the cost of such maintenance and repair by the City.

When, by reason of unusual circumstances, the strict application of any provision of this Article would result in an exceptional practical difficulty or undue economic hardship upon any owner of a specific property, the Historic Preservation Commission, in passing upon applications, shall have the power to vary or modify strict adherence to said provisions, or to interpret the meaning of said provisions so as to relieve such difficulty or hardship; provided such variances, modifications or interpretations shall remain in harmony with the general purpose and intent of said provisions, so that the architectural or historical integrity, or character of the Historic Neighborhood, shall be conserved and substantial justice done. In granting variances, the Historic Preservation Commission may impose such reasonable and additional stipulations and conditions as will, in its judgement, best fulfill the purpose of this Article. An undue hardship shall not be a situation of the person's own making.

Any person adversely affected by any determination made by the Historic Preservation Commission relative to the issuance or denial of a permit or certificate may appeal such determination to the City Council of the City of Grantville. Any such appeal must be filed with the City of Grantville within fifteen (15) days after the issuance of the determination or, in the case of a failure of the Historic Preservation Commission to act, within fifteen (15) days of the expiration of the forty-five (45) day period allowed for the Historic Preservation Commission action. The City Council of the City of Grantville may approve, modify, or reject the determination made by the Historic Preservation Commission, if the City Council finds that the Historic Preservation Commission abused its discretion in reaching its decision. Appeals from decisions of the City Council of the City of Grantville may be taken to the Superior Court of the County of Coweta in the manner provided by law for appeals from conviction for the City of Grantville ordinance violations.

Nothing in this Article shall be construed as to exempt property owners from complying with exist ing City of Grantville building and zoning codes, nor to prevent any property owner from making any use of his property not prohibited by other statues, ordinances or regulations.

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