The historic preservation commission for the city is hereby created, whose title shall be "LaGrange Historic Preservation Commission."

(Ord. No. 21-10, § 1, 6-22-21)

The commission shall operate under the general government of the city, with the staff function therefor being performed by the department of community development.

(Ord. No. 21-10, § 1, 6-22-21)

(a)

The commission shall consist of seven (7) members, a majority of whom shall have demonstrated special interest, experience or education in history or architecture. All members shall reside within the corporate limits of the city and shall serve without compensation.

(b)

The mayor and council of the city shall have the option of appointing up to three (3) ex-officio members to the commission, who shall not have voting privileges but shall be available to advise and assist the commission members in carrying out the duties imposed under this chapter. An ex-officio member of the committee may be appointed without regard to residence.

(c)

Members shall serve three (3) year terms. In order to achieve staggered terms, initial appointments shall be:

(1)

Two (2) members for one (1) year;

(2)

Two (2) members for two (2) years; and

(3)

Three (3) members for three (3) years.

(4)

Ex-officio members shall be appointed for three (3) year terms.

(d)

Neither members nor ex-officio members shall receive a salary, although each may be reimbursed for expenses at the discretion of the governing authority.

(e)

Both members and ex-officio members shall be removable at the discretion of the mayor and council, with or without cause.

(Ord. No. 21-10, § 1, 6-22-21)

The commission shall be authorized to:

(1)

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

(2)

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

(3)

Review applications for certificates of appropriateness and grant or deny the same in accordance with the requirements set forth in section 25B-65-12;

(4)

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

(5)

Restore or preserve any historic properties acquired by the city, at the request of and upon approval by the mayor and council;

(6)

Promote the acquisition by the city of conservation easements in accordance with applicable state law;

(7)

Conduct an educational program on historic properties located within the city;

(8)

Make such investigations and studies of matters relating to historic preservation as the mayor and council or the commission itself may from time to time deem necessary or appropriate for the purposes of this chapter;

(9)

Seek out state and federal funds for historic preservation and make recommendations to the mayor and council concerning the most appropriate use of any funds acquired;

(10)

Consult with historic preservation experts in the division of historic preservation of the department of natural resources or its successor and the Georgia Trust for Historic Preservation, Inc.; and

(11)

Submit to the division of historic preservation of the department of natural resources or its successor a list of historic properties or historic districts designated as such pursuant to section 25B-65-8.

(Ord. No. 21-10, § 1, 6-22-21)

The commission shall have the authority to adopt rules and standards for the transaction of its business and for consideration of applications for designations and certificates of appropriateness, such as by-laws and design guidelines and criteria, all subject to approval by the mayor and council. A quorum shall consist of a majority of the members. Minutes shall be kept of the commission's resolutions, proceedings, actions and meetings.

(Ord. No. 21-10, § 1, 6-22-21)

No member shall vote or otherwise participate in the discussions or deliberations concerning a project or proposal in which he or she has an economic interest.

(Ord. No. 21-10, § 1, 6-22-21)

The commission may present to the mayor and council recommendation for historic districts and properties. Prior to the commission's recommendation of the historic district or historic property to the mayor and council for designation, the commission shall prepare a report consisting of:

(1)

A physical description of the district or property;

(2)

A statement of the historical, cultural, architectural and aesthetic significance of same;

(3)

A map showing district boundaries or boundaries of individual historic properties;

(4)

A statement justifying district or individual property boundaries; and

(5)

Representative photographs.

(Ord. No. 21-10, § 1, 6-22-21)

(a)

No ordinance shall be adopted by the mayor and council to designate either a historic property or historic district without compliance with the following requirements:

(1)

Any ordinance designating any property as a historic property or any district as a historic district shall require that the designated property or district be shown on the official zoning map of the city;

(2)

Any ordinance designating any property as a historic property shall describe each such property to be designated, shall set forth the name or names of the owner or owners of the property, and shall require that a certificate of appropriateness be obtained from the commission prior to any material change in appearance of the designated property; and

(3)

Any ordinance designating any district as a historic district shall include a description of the boundaries of the district, shall list each property located therein, shall set forth the name or names of the owner or owners of each property, and shall require that a certificate of appropriateness be obtained from the historic preservation commission prior to any material change in appearance of any structure, site or work of art located within the designated historic district.

(b)

No ordinance designating any property as a historic property and no ordinance designating any district as a historic district nor any amendments thereto may be adopted by the local governing authority nor may any property be accepted or acquired as historic property by the governing authority until said authority has taken the following procedural steps:

(1)

The commission shall make or cause to be made an investigation and shall report on the historic, cultural, architectural or aesthetic significance of each place, district, site, building, structure or work of art proposed for designation or acquisition. The commission shall submit said report to the division of historic preservation of the department of natural resources or its successor which will be allowed thirty (30) days to prepare written comments concerning the reports;

(2)

The commission and the mayor and council shall hold a public hearing on the proposed ordinance. Notice of the hearing shall be published at least three (3) times in the principal newspaper of general circulation within the city; and written notice of the hearing shall be mailed by the commission to all owners and occupants of such properties. All the notices shall be published or mailed not less than ten (10) nor more than twenty (20) days prior to the date set for public hearing; and

(3)

Following the public hearing, the mayor and council may adopt the ordinance as prepared, adopt the ordinance with any amendments it deems necessary or reject the proposal altogether.

(c)

Within thirty (30) days immediately following adoption of the ordinance, the owners and occupants of each designated property and the owners and occupants of each structure, site or work of art located within a designated historic district shall be given written notification of such designation by the mayor and council, which notice shall apprise said owners and occupants of the necessity for obtaining a certificate of appropriateness prior to undertaking any material change in the appearance of the historic property designated or within the historic district designated.

(Ord. No. 21-10, § 1, 6-22-21)

Nothing in this chapter shall be construed as to exempt property owners from complying with existing building and zoning codes, nor to prevent any property owner from making any use of his or her property not prohibited by other statutes, ordinances or regulations. Any properties designated as historic properties, or any district designated as a historic district shall in no way affect the established allowable uses set forth in the zoning ordinance of the city. All boundaries of designated properties and districts shall overlay existing boundaries of existing or future use zones, and the intent of the one (1) shall not be in conflict with the intent of the other.

(Ord. No. 21-10, § 1, 6-22-21)

After the designation by ordinance of a historic property or of a historic district, no material change in the appearance of the historic property or of a structure, site or work of art within a historic district shall be made or permitted to be made by the owner or occupant thereof unless and until application for a certificate of appropriateness shall be submitted to and approved by the commission. Such application shall be accompanied by such drawings, photographs or plans as may be required by the commission.

(Ord. No. 21-10, § 1, 6-22-21)

The department of transportation and any contractors, including cities and counties, performing work funded by the department of transportation are exempt from the provisions of this chapter. Moreover, local governments are exempt from the requirement of obtaining a certificate of appropriateness under this chapter; provided, however, that a local government shall notify the commission forty-five (45) days prior to beginning an undertaking that would otherwise require a certificate of appropriateness and allow the commission an opportunity to comment. The forty-five (45) day notice provision required herein shall not be applicable if the affected local government, in its discretion, deems it necessary to begin the undertaking prior to the expiration of said forty-five (45) days to promote the safety, health, peace, security and general welfare of the local government and its inhabitants.

(Ord. No. 21-10, § 1, 6-22-21)

(a)

Prior to reviewing an application for a certificate of appropriateness, the commission shall take such action as may be reasonably required to inform the owners of any property likely to be affected materially by the application and shall give the applicant and such owners an opportunity to be heard. In cases where the commission deems it necessary, it may, in its discretion, hold a public hearing concerning the application.

(b)

The commission shall approve the application and issue a certificate of appropriateness if it finds that the proposed material change in appearance would not have a substantial adverse effect on the aesthetic, historical or architectural significance and value of the historic property or the historic district at issue. In making such determination, the commission shall consider, in addition to other pertinent factors, the following factors:

(1)

The historical and architectural value and significance;

(2)

Architectural style;

(3)

General design, arrangement, texture and material of the architectural features involved; and

(4)

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

(c)

In its review of applications for certificates of appropriateness, the commission shall not consider interior arrangement or uses having no effect on exterior features.

(d)

The commission shall exert best efforts to either approve or reject an application for a certificate of appropriateness within thirty (30) days after the filing thereof, but in no event shall fail to act within forty-five (45) days after the filing of said application. Evidence of approval shall be by a certificate of appropriateness issued by the commission. Failure of the commission to act within the forty-five (45) day period herein established shall constitute approval, and no other evidence of approval shall be required.

(e)

In the event the commission rejects an application, it shall state its reasons for doing so and shall transmit a record of such action and the reasons therefor, in writing, to the applicant. The commission may suggest alternative courses of action, which, in the opinion of the commission, would be proper if the application is disapproved as submitted. The applicant may make modifications to the plan and may resubmit the application at any time thereafter.

(f)

In cases in which the application covers a material change in the appearance of a structure which would require the issuance of a building permit, the rejection of an application for a certificate of appropriateness by the commission shall be binding upon the building official charged with issuing building permits; and, in such case, no building permit shall be issued.

(g)

Where such action is authorized by the mayor and council and is reasonably necessary or appropriate for the preservation of a unique historic property, the commission may enter into negotiations with the owner for the acquisition by gift, purchase, exchange or otherwise of the property or any interest therein.

(h)

Construction for which a certificate of appropriateness has been issued shall begin within twelve (12) months from the date of issuance of the certificate. A one (1) time extension may be granted by the commission for a period of up to twelve (12) months from the date of expiration provided that:

(1)

The original certificate of appropriateness has not expired at the time application for an extension is filed; and

(2)

The site or building conditions have not changed on the subject property and adjacent properties.

Upon expiration of either the initial twelve (12) month time limitation or any extension, an applicant must reapply for a certificate of appropriateness.

(Ord. No. 21-10, § 1, 6-22-21)

(a)

Where, by reason of unusual circumstances, the strict application of any provision of this chapter would result in exceptional practical difficulty or undue hardship upon any owner of any specific property, the commission, in passing on applications, shall have the power to vary or modify strict adherence to the provisions or to interpret the meaning of the provision so as to relieve such difficulty or hardship; provided, however, that such variance, modification or interpretation shall remain in harmony with the general purpose and intent of the provisions so that the architectural or historical integrity or character of the property shall be conserved and substantial justice done. In granting variations, the commission may impose such reasonable and additional stipulations and conditions as will in its judgment best fulfill the purpose of this chapter.

(b)

Any person adversely affected by any determination made by the commission relative to the issuance or denial of a certificate of appropriateness may appeal such determination to the mayor and council; the mayor and council may approve, modify and approve, or reject the determination made by the commission if it finds that the commission abused its discretion in reaching its decision.

(c)

Appeals from decisions of the mayor and council may be taken to the superior court in the manner provided by law for appeals from a conviction for municipal or county ordinance violations, in accordance with O.C.G.A. § 44-10-28(j) or its successor provision.

(Ord. No. 21-10, § 1, 6-22-21)

Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on a historic property, which maintenance or repair does not involve a material change in design, material, or outer appearance thereof, nor to prevent any property owner from making any use of his property not prohibited by other laws, ordinances, or regulations.

(Ord. No. 21-10, § 1, 6-22-21)

The mayor and council or commission shall be authorized to institute any appropriate action or proceeding in a court of competent jurisdiction to prevent any material change in the appearance of a designated historic property or historic district, except those change made in compliance with the provisions of this chapter, or to prevent any illegal act or conduct with respect to such historic property or historic district.

(Ord. No. 21-10, § 1, 6-22-21)

Violations of any part of this chapter shall be punished in conformity with section 1-1-6 of the Code.

(Ord. No. 21-10, § 1, 6-22-21)