The Boards, and Commissions described in Chapter 8 are established for the purpose of implementing the provisions of the UDC. The Boards and Commissions described in this chapter shall have the powers and duties described necessary to achieve the purpose of this UDC.

A.

The Kennesaw Planning Commission, referred to in this UDC as the Planning Commission, shall consist of seven (7) members.

B.

A chairperson shall be elected by the Planning Commission at the first meeting of each year.

C.

A vice-chairperson shall be elected at the first meeting of each year and shall serve in the absence of the chairperson.

D.

Members of the Planning Commission shall be appointed by the Mayor and City Council for a three (3)-year term or to fulfill an unexpired term.

E.

All members shall be residents and registered voters of the city.

A.

To establish a quorum for the meeting, four (4) members must be present, one (1) of whom may be the chairperson.

B.

The meetings of the Planning Commission shall be conducted according to Robert's Rules of Order, Newly Revised, unless otherwise stated prior to the meeting.

A.

The Planning Commission shall hear all matters pertaining to zoning and use of land.

B.

The Planning Commission shall act as an advisory board to the Mayor and City Council in all matters pertaining to zoning, present or future, and use of land.

The authority to establish a Historic Preservation Commission is granted per Title 44. "Property," Chapter 10 "Historic Preservation," Article 2 "Ordinances Providing for Historical Preservation," O.C.G.A. 44-10-24 enacted March 1, 1980:

A.

The local governing body of a municipality or county electing to enact an ordinance to provide for the protection, enhancement, perpetuation, or use of historic properties or historic districts shall establish or designate a Historic Preservation Commission. Such local governing body shall determine the number of members of the Commission, which shall be at least three, and the length of their terms, which shall be no greater than three years. A majority of the members of any such Commission shall have demonstrated special interest, experience, or education in history or architecture; all the members shall reside within the historic preservation jurisdiction of their respective municipality or county except as otherwise provided by subsection (b) of this Code section; and all shall serve without compensation. In establishing such a Commission and making appointments to it, a local governing body may seek the advice of any state or local historical agency, society, or organization.

B.

The local governing body of a county and the local governing body or bodies of one or more municipalities lying wholly or partially within such county may establish or designate a joint Historic Preservation Commission. If a joint Commission is established, the local governing bodies of the county and the municipality or municipalities involved shall determine the residence requirements for members of the joint Commission.

A.

The Kennesaw Historic Preservation Commission is hereby created, consisting of not more than seven (7) members appointed by the Mayor and City Council.

B.

The term of office of the members shall be for two (2) years. One-half of the initial members shall be appointed for two (2) years, and the remaining half for one (1) year. Subsequently, members shall be appointed for terms of two (2) years as vacancies occur.

C.

Members shall be eligible for reappointment.

D.

All members shall be residents of Cobb County, and a majority of the members shall be residents of the city.

A.

The Kennesaw Historic Preservation Commission shall meet monthly.

B.

A public record shall be kept of the Commission's resolutions, proceedings, and actions.

C.

Meetings shall be conducted according to Robert's Rules of Order, most recent edition.

A.

At any time the Historic Preservation Commission reviews a project in which a member of the Commission has ownership or other economic or vested interest including the involvement of relatives, that member will be restricted from presenting, voting or discussing the project, other than answering a direct question.

B.

Provided, however, the Commission member may be excused from sitting in attendance with the Commission on such matter and may then address the Commission as an affected citizen.

The Kennesaw Historic Preservation Commission shall be authorized and encouraged to:

1.

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

2.

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

3.

Review all applications of historic properties requesting the issuance of a certificate of appropriateness and grant or deny a certificate of appropriateness in accordance with the provisions of this ordinance;

4.

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

5.

Review the change in exterior architectural appearance or exterior environmental appearance of any city-owned property designated as a historic property and, further, make recommendations on such proposed change;

6.

Monitor the condition of all historic properties and determine if a condition of demolition by neglect exists; further, if such a condition does exist, recommend appropriate steps to the building official to correct it;

7.

Promote the acquisition by the City of Kennesaw of facade easements and conservation easements in accordance with the provisions of the "Facade and Conservation Easements Act of 1976" (Georgia Laws 1976, page 1181);

8.

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

9.

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

10.

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

11.

Submit to the historic preservation section of the department of natural resources or its successor any historic property(ies) determined by the Commission to promote historic interests of the community and provide the historic preservation section whatever information is needed to nominate these to the National Register of Historic Places;

12.

Perform historic preservation activities as the official agency of the Kennesaw Historic Preservation Program;

13.

Employ persons, if necessary, to carry out the responsibilities of the Commission; the Commission shall not employ any person which obligates the City of Kennesaw without prior consent of the Mayor and City Council;

14.

Receive donations, grants, funds or gifts for use as determined by the Commission. To acquire or sell historic properties upon approval of the Mayor and City Council. Further, the Commission shall not obligate the City of Kennesaw without prior consent of the Kennesaw Mayor and City Council;

15.

Restore or preserve any historic properties acquired by the City of Kennesaw upon approval of the Mayor and City Council; and

16.

Consult with historic preservation experts in the historic preservation section of the department of natural resources or its successor, the Georgia Trust for Historic Preservation, Inc., and the National Trust for Historic Preservation, the Georgia Certified Local Government Program, other historic Commissions, and the Atlanta Regional Commission or other similar agencies.

A.

Any person or persons jointly or severally aggrieved by any decision of the Kennesaw Historic Preservation Commission may appeal to the Mayor and City Council.

B.

The appeal must be filed within seven (7) days of the decision of the Commission and must be made by written petition delivered to the Planning and Zoning Administrator.

C.

The appeal shall be on the application exactly as presented to the Commission.

D.

The appeal shall be advertised for public notice in accordance with this UDC.

E.

Appeals from decisions of the Mayor and City Council may be taken to the superior court of Cobb County in the manner provided by law for appeals under O.C.G.A. tit. 5, ch. 3.

(Ord. No. 2023-16 meeting, § 5, 8-21-23)

In order to provide guidance and insight into desirable goals and objectives for the Historic Preservation Commission, the Commission shall maintain a file containing records of all applications brought before the Commission for review. Each file shall include: the action taken by the Commission; drawings submitted; amendments of drawings approved pertaining thereto; and drawings and photographs or reproductions thereof showing structures in authentic Kennesaw character. Where in the Commission's opinion these files or records serve as general guides to appropriateness or as expressions of objectives to prospective developers or property owners, these files may be referred to for use on other applications. Such documents shall remain the property of the City of Kennesaw and be held in the custody of the Zoning Administrator.

There is hereby created and established a City Tree Board and shall consist of the Keep Kennesaw Beautiful Board sitting as the City Tree Board. Members of the board shall serve without compensation. The Board shall choose its own officers, and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business.

Tree Board Duties and Responsibilities—It shall be the responsibility of the Tree Board to:

A.

Study, develop and update annually, specifications for the care, conservation, pruning, planting, and replanting of publicly owned trees and shrubs in parks, along streets, and in other public areas.

B.

Develop and maintain arboricultural specifications for tree care and replacement.

C.

To conduct a public Arbor Day tree planting activity and develop or secure and distribute tree care and tree benefit information as part of a county/city wide tree benefit educational program.

(Ord. No. 2012-03, 5-7-12)