Pine Lake City Zoning Code

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

Certificate of appropriateness means a document evidencing approval by the Pine Lake Historic Preservation Commission of an application to make a material charge in the appearance of a designated historic property or of a building structure, site object or work of art located within a designated historic district.

Designation means a decision by the governing body to designate a property or district as a historic property or as a historic district, and thereafter to prohibit all material changes in appearance of such property or within such district prior to the issuance of a certificate of appropriateness by the Historic Preservation Commission.

Exterior architectural features means the architectural style, general design and general arrangement of the exterior of a building or other structure including, but not limited to, the kind or texture of the building materials; the type and style of all windows, doors and signs; and other appurtenant architectural fixtures, features, details or elements relative to the foregoing.

Historic district means a geographically definable area designated by the governing body as a historic district pursuant to the criteria established in article III of this chapter.

Historic property means an individual building, structure, site, object or work of art, including the adjacent area necessary for the proper application or use thereof, designated as a historic property pursuant to the criteria established in article III of this chapter.

Material change in appearance means a change that will affect only the exterior architectural features of a historic property or of any building, structure, site, object or work of art within a historic district, such as:

(1)

A reconstruction of alteration of the size, shape or facade of a historic property, including relocation of any doors or windows or removal or alteration of any architectural feature, detail or element;

(2)

Demolition or relocation of a historic property;

(3)

Commencement of excavation for construction purposes;

(4)

A change in the location of advertising visible from the public way on any historic property; or

(5)

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

Person means any natural person, corporation or unincorporated association.

(Code 1986, § 6-1-16.1)

In support and furtherance of its findings and determination that the historical, cultural and aesthetic heritage of the city is among its most valued and important assets and that the preservation of this heritage is essential to the promotion of the health, prosperity and general welfare of the people, in order to stimulate revitalization of the business districts and the historic residential neighborhood and to protect and enhance local historical and aesthetic attractions to tourists and thereby promote and stimulate business; in order to enhance the opportunities for federal or state tax benefits under relevant provisions of federal and state law; and in order to provide for the designation, protection, preservation and rehabilitation of historic properties and historic districts and to participate in federal and state programs to do the same, the governing body hereby declares it to be the purpose and intent of this section to establish a uniform procedure for use in providing for the protection, enhancement, perpetuation and use of places, districts, sites, buildings, structures, objects and works of art having a special historical, cultural or aesthetic interest or value, in accordance with the provisions of this section.

(Code 1986, § 6-1-16.2)

There is hereby created a commission, the title of which shall be "Pine Lake Historic Preservation Commission." It is hereinafter referred to as "preservation commission."

(Code 1986, § 6-1-16.9)

The preservation commission shall be part of the planning function of the city.

(Code 1986, § 6-1-16.10)

(a)

The preservation commission shall consist of six members appointed by the governing body. All members shall be residents of the city.

(b)

A majority of the members shall be from among professionals in the disciplines of architecture, history, architectural history, planning, archaeology, or other historic preservation-related disciplines, such as urban planning, American studies, American civilization, cultural geography, cultural anthropology, real estate, law, or landscape architecture, and all shall have demonstrated special interest, competence or knowledge in historic preservation.

(c)

Members shall serve three-year terms. In order to achieve staggered terms, initial appointments shall be two members for one year, two members for two years, and two for three years.

(d)

Members shall not receive a salary, although they may be reimbursed for expenses at the discretion of the governing body.

(Code 1986, § 6-1-16.11)

The preservation 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 governing body 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 provisions of this section;

(4)

Recommend to the governing body 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;

(6)

Promote the acquisition by the city of easements in accordance with the provisions of the "Georgia Uniform Conservation Easement Act," as amended (O.C.G.A. §§ 44-10-1—44-10-8);

(7)

Conduct educational programs on historic properties located within the city and on general historic preservation activities;

(8)

Make such investigations and studies of matters relating to historic preservation as the governing body or the preservation commission itself may from time to time deem necessary or appropriate for the purpose of this section;

(9)

Seek out local, state, federal, and private funds for historic preservation and make recommendations to the governing body concerning the most appropriate use of any funds acquired;

(10)

Consults with historic preservation experts in the historic preservation section of the department of natural resources or its successor, the Georgia Trust for Historic Preservation, Ind. and other experts;

(11)

Submit to the historic preservation section of the state department of natural resources or its successor a list of historic properties or historic districts designated as such pursuant to this section;

(12)

Perform historic preservation activities as the official agency of the city's historic preservation program;

(13)

Solicit, on behalf of the city, donations, grants, funds or gifts of historic properties. The preservation commission shall not obligate the city without the prior written approval and consent of the governing body;

(14)

Review and make comments to the historic preservation section of the state department of natural resources concerning the nomination of properties in the city to the National Register of Historic Places; and

(15)

Participate in private, state, and federal historic preservation programs and, with the consent of the governing body, enter into agreements to do the same.

(Code 1986, § 6-1-16.13)

(a)

The preservation commission shall adopt rules and standards for the transaction of its business and for consideration of applications for designations and certificates of appropriateness, such as bylaws, removal of membership provisions, and design guidelines and criteria. The preservation commission shall have the flexibility to adopt rules and standards without amendment to this action.

(b)

The preservation commission shall provide for the time and place of regular meetings and a method for the calling of special meetings. Such meetings shall be open to the public. The preservation commission shall elect a chairman and a vice-chairman from among its members. A quorum shall consist of a majority of the members.

(c)

Should a member fail to attend three consecutive regular meetings, the chairman, with the concurrence of a majority of the entire preservation commission, shall recommend to the governing body that a vacancy be declared and that an appointment be made to the vacated position.

(Code 1986, § 6-1-16.13)

The city clerk shall be secretary of the preservation commission.

(Code 1986, § 6-1-16.14)

A public record shall be kept of the preservation commission's resolutions and formal actions.

(Code 1986, § 6-1-16.15)

No member of the preservation commission shall take part in the hearing, consideration, or determination of any case in which he or she has ownership or other vested interest other than answering a direct question.

(Code 1986, § 6-1-16.16)

The preservation commission shall have the authority to accept donations on behalf of the city, but shall not obligate the city without prior written approval and consent of the governing body. The preservation commission shall insure that donated funds do not displace appropriated government funds.

(Code 1986, § 6-1-16.17)

(a)

Preservation commission's mandate to conduct a survey of local historical resources. The preservation commission shall compile and collect information and conduct surveys of historic resources within the city.

(b)

Preservation commission's power to recommend districts and buildings to the governing body. The preservation commission shall present to the governing body recommendations for historic districts and properties.

(c)

Preservation commission's documentation of proposed designation. Prior to the preservation commission's recommendation of a historic district or historic property to the governing body, the preservation commission shall prepare a report consisting of the following:

(1)

If a property, a description of the property proposed for historic designation and the name or names of the owner or owners of the property;

(2)

If a district, a description of the boundaries of the district proposed for historic designation and a list of each property located herein (i.e., the street address and map reference number) with the name of the owner of each property;

(3)

A statement on the historic, cultural, architectural or aesthetic significance of a district or an individual property proposed for historic designation;

(4)

A statement justifying the boundaries of a property or a district proposed for historic designation;

(5)

If a property, photographs of the property proposed for historic designation; if a district, representative photographs of the district proposed for historic designation;

(6)

A copy of the official zoning map or map of the city with the proposed historic property or boundaries of the proposed historic district indicated thereon.

(d)

Notification to historic preservation section. At least 30 days prior to making a recommendation to the governing body for designation of a property or district as historic, the preservation commission shall submit the above report, exclusive of subsections (c)(1) and (2) of this section, to the historic preservation section of the state department of natural resources for its review.

(Code 1986, § 6-1-16.19)