The establishment of Design Review Districts, the Design Review process, and the Design Review Board provide valuable public benefits in preserving and protecting the aesthetics, integrity and historic character of the various Design Review Districts in Macon-Bibb County for the benefit and enjoyment of all citizens, current and future.

To that end, this chapter provides procedures for designation of design review districts, creates the design review board and the duties and powers of said board, lists performance criteria for the rehabilitation, restoration, alteration and relocation of existing structures, and the construction and erection of new structures, defines and delimits causes for demolition and relocation of structures, and establishes the application and review process for certificates of appropriateness in such districts.

(Added July 11, 2016, ZA16-001; renumbered July 11, 2022, ZA22-001)

As used in this chapter, the following terms shall have the following meanings:

[1]

"Board" or "Design Review Board" shall refer to the board established pursuant to Section 28.04 of this Resolution.

[2]

"Design review district" or "design district" shall mean any historic zoning district and any other district designated by the Commission where a certificate of appropriateness shall be required. The following zoning districts are designated as design districts: HR1, HR2, HR3, HPD, HPD-BH, HC, CBD-1 and CBD-2 zoning districts, plus any other districts as may be so designated by the Commission from time to time.

[3]

"Significant structure" shall mean any structure which is individually listed on the National Register of Historic Places or has been determined to be a contributing structure to the design review district in which it is located as determined by the Georgia State Historic Preservation Office.

(Added July 11, 2016, ZA16-001; renumbered July 11, 2022, ZA22-001)

The following criteria and procedures shall govern the designation and establishment of any design review district. The boundaries of any such district shall, in general, be drawn so as to include all lands closely related to and bearing upon the character of the area to be protected, thus providing a landscaped unit and affording transitional regulations needed to control potentially adverse environmental influences. For the purposes of this chapter, an area or parcel of land possessing one (1) or more structures, landmarks or sites which are themselves of unique, historical, cultural or architectural significance, may be designated as a design review district.

[1]

General criteria for designation.

(a)

A site, structure or area to be designated as a design review district must meet the criteria established for inclusion in the National Register of Historic Places; or

(b)

A site, structure or area to be designated as a design review district must exhibit architectural or esthetic qualities that are in need of protection.

[2]

Procedures for establishment or removal of design review districts. The following procedures shall be used in creating or removing design review districts, or altering their boundaries:

(a)

A proposed amendment to the zoning boundaries or classifications of property on the official zoning maps to create, remove, or alter the boundaries of, a design review district may be initiated by a verified application by one (1) or more of the owners or authorized agents of the property to be affected by the proposed amendment. Applications for such amendment to the official zoning maps by property owners or their agents must contain a statement of the proposed use for the property to be affected by the proposed amendment.

(b)

Other interested parties for the establishment, removal or altering the boundaries of a design review district shall submit their request in the form of a written request to amend these regulations to the zoning enforcement officer.

(c)

The following procedures shall be used to establish, remove, or alter the boundaries of, a design review district under either (a) or (b) of this section:

(i)

The zoning enforcement officer shall examine the request for compliance with these regulations and then forward the request to the Design Review Board and to the Commission.

(ii)

The Commission in its discretion may initiate a survey of a proposed district to determine if the proposed district is an appropriate candidate for a design review district prior to either the Commission making any final determination or prior to the Design Review Board making any recommendations.

(iii)

The Design Review Board shall consider the request, as well as any other pertinent information or public comment, and make its recommendations to the Commission.

(iv)

Should the Commission decide, after reviewing the recommendations of the Design Review Board, that a new design review district should be created or removed, or have its boundaries altered, then the Commission may initiate an amendment to the official zoning maps under the procedures established in Chapter 27 of this Resolution.

(d)

The Commission may also initiate an amendment to the official zoning maps to establish or remove a design district, or alter its boundaries, by its own motion under the procedures established in Chapter 27 of this Resolution.

(Added July 11, 2016, ZA16-001; renumbered July 11, 2022, ZA22-001)

There shall be established a design review board to assist the Commission in making decisions regarding the application of regulations to design districts. It is recognized that such districts are of a unique character, possessing special qualities, and that certain individuals possess unique skills and qualifications which are useful to the Commission in making decisions concerning the application of such district regulations. The intent is to obtain special expertise and knowledge as guidance for the Commission.

[1]

Membership. The design review board shall consist of five (5) members to be appointed by the Commission for overlapping terms of three (3) years. Board members shall serve at the pleasure of the Commission.

[2]

Term. The appointment of members of the design review board shall be for a term of three years.

[3]

Vacancies. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. Each member shall serve until their successor is appointed by the Commission and may be reappointed at the pleasure of the Commission.

[4]

Membership requirements. Each member shall be a resident of Macon-Bibb County and shall have demonstrated special interest, experience or education in a design profession, history, planning, real estate or the preservation of historic resources. At least one (1) member shall be a resident property owner or business owner in a designated design review district in Macon-Bibb County.

(Added July 11, 2016, ZA16-001; renumbered July 11, 2022, ZA22-001)

The design review board shall have the following duties and powers:

[1]

To review documentation or surveys of historic sites, landmarks or areas for designation purposes under these regulations;

[2]

To make recommendations based on findings of fact to the Commission regarding criteria to be used in selecting historic and architecturally significant structures;

[3]

To make recommendations based on findings of fact to the Commission concerning designation of structures and areas to be designated as historic zoning districts;

[4]

To assist the Commission and its staff in the preparation of the design guidelines to be considered in review of an application for a certificate of appropriateness;

[5]

To assist applicants, upon request, in the preparation of applications for certificates of appropriateness to include providing such guidelines and advice that will help the applicant to meet the requirements and design criteria of this Resolution;

[6]

To employ such other powers and perform such other duties and responsibilities as may from time to time be assigned by Resolution of the Commission; and

[7]

To review applications for certificates of appropriateness referred to it pursuant to this chapter and make recommendations on the same pursuant to Section 28.10.

(Added July 11, 2016, ZA16-001; renumbered July 11, 2022, ZA22-001)

[1]

No structure, including but not limited to buildings, walls, fences, steps, paving, signs, or other appurtenances, that is clearly and readily visible from any public right-of-way, shall be altered, constructed, demolished, erected, rehabilitated, relocated, renovated, restored or displayed within a design district unless an application for a certificate of appropriateness has been approved by the Commission or, where authorized, the zoning enforcement officer, pursuant to the provisions of this Resolution. Notwithstanding the above, a certificate of appropriateness is not required for communication antennas allowed as limited uses.

[2]

Landscape. Design review of landscape changes is required for certain changes and under certain circumstances. It is recognized that the landscape plays an important role in the character definition of the historic and design review districts and may be historic in and of itself. Landscape changes that require design review, and a certificate of appropriateness, include changes clearly and readily visible from any public right-of-way involving:

(a)

The removal of any tree within a design district over four (4) inches in diameter at a height of four (4) feet; and

(b)

Any landscape change associated with a project requiring design review.

(c)

The construction, alteration, relocation or establishment of an area used for parking motor vehicles, paved or unpaved and whether formally delineated or not, and located in the front or on the side of a principal building on a residential property. (Added December 11, 2017, ZA17-004)

[3]

Expiration of certificate of appropriateness. A certificate of appropriateness shall expire six (6) months after date of issue if actual construction, as defined in Section 1.02[29], or other action permitted by such certificate, has not begun or at any time a project is abandoned. The zoning enforcement officer may, upon application, grant one (1) extension, not to exceed six (6) months, where he determines that the denial of such extension will impose an unreasonable hardship on the applicant.

[4]

Undue hardship. When, by reason of unusual circumstances, the strict application of any provision of this chapter would result in exceptional practical difficulty or undue economic hardship upon any owner of a specific property, the Commission, in passing upon applications, shall have the power to vary or modify strict provisions, so as to relieve such difficulty or hardship; provided such 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 property, shall be conserved and substantial justice done. In granting such modifications or interpretations, the Commission may impose such reasonable and additional stipulations and conditions as will, in its judgment, best fulfill the purpose of this chapter. An undue hardship shall not be a situation of the person's own making.

[5]

Taking any action without first obtaining a certificate of appropriateness where such certificate is required for such action shall subject such person to the penalties provided for in Chapter 33 of this Resolution.

(Added July 11, 2016, ZA16-001; renumbered July 11, 2022, ZA22-001; Amended by Res. of December 9, 2024(1))

[1]

Performance criteria. The following criteria shall be considered in the review of applications for certificates of appropriateness involving alteration, construction, erection, rehabilitation, renovation and restoration of structures and, where applicable, other land features located within a design district:

(a)

A property should be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

(b)

The historic character of a property should be retained and preserved. The removal of historic materials or alteration of features and spaces that characterized a property should be avoided.

(c)

Each property should be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, should not be undertaken.

(d)

Most properties change over time; those changes that have acquired historic significance in their own right should be retained and preserved.

(e)

Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property should be preserved.

(f)

Deteriorated historic features should be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, or where any such feature is missing but can be reasonably documented, the new, replacement, feature should match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features should be substantiated by documentary, physical, or pictorial evidence.

(g)

Alterations, additions, and/or infill construction can be contemporary in design if such is compatible with the size, scale, color, material and character of the original historic appearance. Alterations which appear to be earlier than the building's construction date should be avoided.

(h)

Additions and/or alterations should be undertaken in such a way that they could be removed in the future and the essential form, material and integrity of the structure would again be evident.

(i)

If an exterior fire escape is required for safety purposes, it should be located in such a way that important architectural qualities are not destroyed.

(j)

Interior modifications necessary to accomplish fire rated egress should be undertaken in such a way that the building exterior is not adversely impacted.

(k)

Where access to a building in a design district is required for physically handicapped persons, the following requirements should be met:

(i)

Access ramps should be located where they will have the least impact on the most architecturally dominant facades of the building; and

(ii)

If it is determined that elevators are necessary and financially feasible, they should be installed to have the least impact possible on important exterior qualities.

(l)

Infill construction should relate to the established rhythm and pattern of the existing streetscape and be of the same or compatible materials as those in adjacent existing structures.

(m)

Landscape treatment should be in harmony with the character of landscape development, types of plant materials, and spatial treatment of adjacent properties.

(n)

Any subdivision of land or construction should be consistent with the historically established lot size and density patterns for the district in which it is located.

(o)

The appearance, size, position, method of attachment, texture of materials, color and design of signs in design districts should be in keeping with the collective characteristics of the structures located within such district.

(p)

Chemical or physical treatments, such as sandblasting, that cause damage to historic materials should not be used. The surface cleaning of structures, if appropriate, should be undertaken using the gentlest, and least destructive, means possible.

(q)

Significant archaeological resources affected by a project should be protected and preserved. If such resources must be disturbed, mitigation measures should be undertaken.

(r)

Additions, exterior alterations and/or related construction should not destroy historic materials that characterize the property. The new work should be differentiated from the old and should be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.

(s)

Additions and adjacent or related construction should be undertaken in such a manner that, if removed in the future, the essential form, material and integrity of the historic property and its environment would be unimpaired.

(t)

In addition to the above standards, the Secretary of the United States Department of the Interior's Standards for Rehabilitation shall guide all rehabilitation and construction of structures.

[2]

Design guidelines. In addition to the general performance criteria and guidelines listed above, the design guidelines for particular design review districts adopted by the Commission, as amended from time to time, shall guide all alteration, construction, demolition, erection, rehabilitation, relocation, renovation and restoration of structures and land features, where applicable, within such design review districts.

(Added July 11, 2016, ZA16-001; renumbered July 11, 2022, ZA22-001)

[1]

An application for a certificate of appropriateness shall be filed in the office of the Commission on forms provided by the staff and shall include drawings, descriptions, and photographs with enough detail to clearly depict the proposed alteration, construction, demolition, erection, rehabilitation, relocation, renovation, or restoration of a structure or land feature. Applications requiring review by the Design Review Board and the Commission shall be submitted to the zoning enforcement officer, by 12:00 noon, at least twenty-six (26) days prior to the public hearing at which they are to be considered.

[2]

Applications for demolition and relocation of existing structures shall also contain:

(a)

A site plan with all existing structures on the property;

(b)

Proposed plans for re-use of the land on which the structure to be demolished is located and preliminary drawings, site plans, and specifications for any structures to be constructed on such land. Additionally, when the application includes the relocation of a structure to a new site, information must be submitted regarding the proposed new location for the structure including preliminary drawings, site plans, and photographs;

(c)

A narrative on the proposed use of the property that addresses why the existing structure cannot be reused and retained;

(d)

Documentation regarding the age and history of the building such as Sanborn maps, property deeds, tax information, or other historic information; and

(e)

A complete structural report by a licensed engineer or architect is required for applications where building condition is cited as the purpose of the demolition request. The report shall include an analysis of the structural integrity of the building and a cost analysis of required improvements to bring the structure up to code.

(Added July 11, 2016, ZA16-001; renumbered July 11, 2022, ZA22-001)

[1]

The zoning enforcement officer shall initially review all applications for certificates of appropriateness and thereafter shall either:

(a)

Refer such application to the Design Review Board;

(b)

Where expressly permitted under subpart [2] herein, refer such application directly to the Commission with a recommendation to approve such application with or without conditions related to and/or changes in the same;

(c)

Require additional information from the applicant where reasonably needed by the officer to determine which of the actions herein are appropriate, including, but not limited to the information described in Section 28.08, above;

(d)

Deny such application where it is materially incomplete pursuant to this chapter and/or this Resolution and the applicant is unable or unwilling to provide the required information; or

(e)

Grant such application where all requirements set forth by the applicable design guidelines are clearly met, limiting to the following circumstances:

(i)

Wall signage that is within the parameters of the applicable sign regulations, or replacement of freestanding signage, for properties in which the previous signage was issued a certificate of appropriateness and no variance from the applicable sign regulations is required.

(ii)

Fences that are to be located behind the front building line of a structure and in compliance with all applicable fencing regulations.

(iii)

Alterations to rear yards including the addition of decks and demolition of dilapidated, non-historic accessory structures.

(iv)

Minor landscape and minor site features including driveways, walkways, and the removal of small, dead or diseased trees.

(v)

Changes to side and rear elevations limited to alterations of windows and doors with the addition of storm windows or screens, or replacement of windows and doors in which the opening size is not altered and the change is not substantially visible from any public right-of-way. (Added January 28, 2002, ZA02-01-05)

(vi)

Replacement of existing deteriorated octagonal or diamond-shaped asphalt Staple-loc shingles or asphalt French Scallop roofing shingles with 3-tab asphalt or architectural roofing shingles.

[2]

Referral to the Commission of certain certificates of appropriateness. As provided in this subpart, the zoning enforcement officer may refer applications for certificates of appropriateness directly to the Commission as to the following matters, with a recommendation to approve such application, with or without conditions related to and/or changes in the same, after determining that the application complies with the performance criteria and design guidelines adopted by the Commission:

(a)

Signage;

(b)

Fences;

(c)

Rehabilitation projects including the installation or replacement of siding, porch components, doors, windows, screens, trim, gutters, and lights;

(d)

Site alterations including decks, patios, steps, swimming pools, driveways, walkways, walls, and landscaping;

(e)

Demolition or relocation of, or additions to, non-contributing, non-historic accessory structures;

(f)

Removal of dead and diseased trees or trees causing or in imminent danger of causing damage to existing structures;

(g)

Replacement of existing roofing materials provided that no other significant alterations such as removal of architectural features, dormers, and chimneys are proposed;

(h)

Construction of single story accessory buildings not exceeding two hundred (200) square feet in floor area; and

(i)

Rehabilitation or modification to non-contributing, non-historic buildings if no significant alteration is proposed.

Notwithstanding the above, the zoning enforcement Officer or the Commission shall refer any of the above matters to the Design Review Board where the zoning enforcement officer or the Commission determine that the application raises material design, compliance, historic preservation or aesthetic issues that justify formal consideration by the Design Review Board and the Commission.

[3]

If the applicant disagrees for any reason with the recommendations of the zoning enforcement officer, then he may appear before the Commission to state his reasons for such disagreement. The Commission, in its discretion, may refer the item back to the zoning enforcement officer, who shall review his recommendations and attempt to resolve the applicant's disagreement. After the second review by the zoning enforcement officer, the application will be placed on the agenda for the next regular Commission meeting.

(Added July 11, 2016, ZA16-001; renumbered July 11, 2022, ZA22-001)

[1]

The Design Review Board shall initially review all applications for certificates of appropriateness referred to it by the zoning enforcement officer and thereafter submit, in writing, to the Commission its recommendations as to whether the application is in compliance with design guidelines and regulations adopted by the Commission. Should the Board determine that the application is not in compliance, it shall suggest to the Commission what changes, if any, in the applicant's plans and specifications will be required to bring the application into compliance. If the applicant disagrees for any reason with the findings of fact or recommendations of the board, then he may appear before the Commission to state his reasons for such disagreement. The Commission, in its discretion, may place the item back on the agenda of the Design Review Board for its next meeting, where the board shall review its findings of facts and attempt to resolve the applicant's disagreement. After the second review by the Design Review Board, application will be placed on the agenda for the next regular Commission meeting.

[2]

If the Design Review Board needs additional information in order to review an application, make findings of fact or to make a recommendation as required in subpart [1] above, then the Design Review Board may defer action on the application in order to obtain the additional information.

(Added July 11, 2016, ZA16-001; renumbered July 11, 2022, ZA22-001)

[1]

The Commission shall review the recommendations of the zoning enforcement officer and/or the Design Review Board where Commission approval is required. As part of the review, the Commission may seek guidance and assistance from the professional staff of the Commission or others possessing unique qualifications. The Commission in its discretion may refer any matter before it under this chapter to the Design Review Board for consideration. In any instance where the Commission is reviewing a recommendation of the Design Review Board, the chair of the Commission, or the Commission, may request that the chair of the Board, or the Chair's designee, appear before the Commission to explain the recommendations of the Board and/or to answer any questions the Commission may have regarding those recommendations. In addition, any other member of the Board may appear before the Commission to present his or her personal views on a matter on which the Board has made a recommendation.

[2]

The Commission may approve the issuance of a certificate of appropriateness with or without such changes and modifications in the specifications and plans or subject to such conditions as may be reasonably required to ensure that the purpose and intent of design review district regulations are met.

[3]

The Commission may deny the issuance of a certificate of appropriateness. Whenever the Commission has denied an application for a certificate of appropriateness, the board shall not thereafter consider any further application for the same certificate of appropriateness for any part or all of the same property for a period of six (6) months from the date of final denial of the application. Amended applications may be considered within the six (6) month period.

[4]

As noted in Sections 28.09 and 28.10, the Commission in its discretion may refer any matter back to the zoning enforcement officer or the Design Review Board, respectively, for further discussion with the applicant to attempt to resolve any disagreement.

(Added July 11, 2016, ZA16-001; renumbered July 11, 2022, ZA22-001)

In addition to the general procedures described above, the following procedures and criteria shall apply to applications for certificates of appropriateness for demolition and relocation of structures in design review districts:

[1]

A certificate of appropriateness shall be required for demolition or relocation of any structure within a design review district that is clearly and readily visible from the public right-of-way. It is the policy of the Commission to encourage the preservation of significant structures and other important structures, sites, and areas and to protect against the razing or demolition of any significant structure or other important structure consistent with the standards set forth in this chapter.

[2]

The Design Review Board shall consider any application for a certificate of appropriateness for demolition or relocation of a structure referred to it pursuant to this chapter. The Board shall review the circumstances and the condition of the structure and provide a recommendation to the Commission as to the appropriateness of such application based on the criteria listed below.

[3]

The criteria described below shall be considered in reviewing an application for demolition of a structure:

(i)

The historic, scenic or architectural significance of the structure;

(ii)

The importance of the structure to the aesthetics, integrity and historic character of a district;

(iii)

The difficulty or the impossibility of reproducing such a structure because of its design, texture, material, detail and/or unique location;

(iv)

Whether the structure is one of the last remaining examples of its kind in the neighborhood or county;

(v)

Whether the structure is a significant structure;

(vi)

Whether there are definite plans for use of the property if the proposed demolition is carried out, and what the effect of those plans on the character of the surrounding area would be;

(vii)

Whether reasonable measures can be taken to save the structure from collapse or otherwise being a danger to public safety; and

(viii)

Whether the structure is capable of earning a reasonable economic return on its value.

[4]

The criteria described below shall be considered in reviewing an application for relocation of a structure:

(i)

The historic character and aesthetic interest the structure contributes to its present setting;

(ii)

Whether there are definite plans for the area to be vacated and what the effect of those plans on the character of the surrounding area will be;

(iii)

Whether the structure can be moved without significant damage to its physical integrity;

(iv)

Whether the proposed relocation area is compatible with the historical and architectural character of the structure or site; and

(v)

Whether the Commission will have the capacity to protect the structure at the proposed location area.

[5]

Upon review of the above-mentioned report, and consideration of the above criteria, the Commission shall:

(i)

Issue a certificate of appropriateness for demolition or relocation of the structure; or

(ii)

Delay issuing the certificate of appropriateness for up to one hundred eighty (180) days in order to provide persons or groups interested in historic preservation an opportunity to work with the owner or applicant in an effort to preserve the structure or locate purchasers who would agree to preserve the building or structure in accordance with the provisions of this section; or

(iii)

If efforts at preservation prove unavailing within the period provided for delay pursuant to (ii), above, at the next regular meeting after such period and after legally required notice, the Commission is authorized to either: (1) consider one additional delay of up to ninety (90) days, (2) issue a certificate of appropriateness or (3) after consideration of the factors listed above, decline to issue a certificate of appropriateness for demolition of the structure. If the additional delay of up to ninety (90) days is granted, the Commission shall either issue or decline to issue the certificate of appropriateness at the next regular meeting after such delay and after legally required notice.

[6]

Conceptual approval of a demolition or relocation may be given without the approval of replacement structures or uses. However, the conceptual approval expires one hundred eighty (180) days after approval if an application for the new structure and/or use has not been submitted for review. A certificate of appropriateness for a demolition or relocation shall only be issued upon permitting or other Commission approval of the new structure and/or use.

[7]

The demolition or relocation of any structure or any part thereof located in a design district without first obtaining a certificate of appropriateness shall subject such person to the penalties provided for in Chapter 33 of this Resolution. In addition, after any such unauthorized demolition or relocation, the Commission may refuse to grant a permit for new construction or for land use for a period of two (2) years, or condition the granting of any permit for new construction or land use as would best serve the purpose of this chapter.

(Added July 11, 2016, ZA16-001; renumbered July 11, 2022, ZA22-001)

[1]

Nothing in these regulations shall be construed to prevent the ordinary maintenance, repair or replacement of any exterior architectural feature in a design district which does not involve a change in design, material, or the outward appearance thereof, or to prevent the alteration, construction, demolition, erection, rehabilitation, renovation or restoration of any structure which is specifically certified by the building official or a court of competent jurisdiction to be required for the public safety because of an unsafe or dangerous condition. (A general order to repair or demolish a structure shall not, by itself, be deemed to be a certification that demolition is required for purposes of this chapter.)

[2]

Interior alterations, renovations, rehabilitations, arrangements or uses having no effect on exterior architectural features or appearance shall not require a certificate of appropriateness.

[3]

Nothing in these regulations shall be construed so as to exempt property owners from complying with existing building and zoning codes, nor prevent any property owner from making any use of their property not prohibited by other statutes, ordinances or regulations.

(Added July 11, 2016, ZA16-001; renumbered July 11, 2022, ZA22-001)