This ordinance is entitled the "Historic Property Preservation Ordinance of Spalding County, Georgia."

(Res. of 11-20-25(6), § 1)

The power of a local government to enact an ordinance such as this, which establishes a uniform procedure for providing for the protection, enhancement, perpetuation, and use of places, districts, sites, buildings, structures, and works of art having a special historical, cultural, or aesthetic interest or value is provided by the Georgia Historic Preservation Act, O.C.G.A. § 44-10-20, et seq.

(Res. of 11-20-25(6), § 1)

This Ordinance applies to all qualifying land and its principal structures within unincorporated Spalding County, Georgia, following the requirements of Section 108 of this Ordinance.

(Res. of 11-20-25(6), § 1)

(A)

The Vision Statement stated in the current Spalding County Comprehensive Plan states that "Spalding County will be a county of choice thanks to well-timed, targeted growth for housing and jobs; new services and amenities for enhancing our livability and vibrancy; and protection of the environmental, historic, and rural charm that make our community unique."

(B)

The Board of Commissioners of Spalding County currently recognizes that the three properties and their principal structures currently listed on the National Register of Historic Places within unincorporated Spalding County contribute to the unique charm of the County, and their integrity should be preserved. The Board reserves the right to expand its inventory of all properties within its jurisdiction having the potential for designation as a historic property.

(C)

The Board of Commissioners of Spalding County considers the preservation of the principal structures on these properties and maintaining the visual integrity of these properties to be integral parts of the same purpose.

(D)

The Board of Commissioners of Spalding County recognizes the mere presence of these properties and structures on the National Register of Historic Places does not legally guarantee their preservation and that the creation of a local Ordinance and a local Historic Preservation Commission is necessary for the County's historic preservation goals.

(E)

This Ordinance intends to provide preservation measures for the designated historic properties (and the structures on them) within unincorporated Spalding County while seeking a balance between preservation measures for these properties and structures, the quality of the surrounding community, and the rights of the owners of these properties and structures. This Ordinance conforms to the standards and processes set forth in the Georgia Historic Preservation Act O.C.G.A. § 44-10-20, et seq.

(Res. of 11-20-25(6), § 1)

Per O.C.G.A. 44-10-22, the term:

(A)

"Certificate of Appropriateness" means a document approving a proposal to make a material change in the appearance of a designated historic property or of a structure, site, or work of art located within a designated historic district, which document must be obtained from the Historic Preservation Commission of Spalding County before such material change may be undertaken.

(B)

"Commission" means the Historic Preservation Commission of Spalding County, established pursuant to O.C.G.A. § 44-10-24.

(C)

"Designation" means a decision by the Board of Commissioners of Spalding County wherein a property or district proposed for preservation is located to designate such 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.

(D)

"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 material; the type and style of all windows, doors, and signs; and other appurtenant architectural fixtures, features, details, or elements relative to the foregoing.

(E)

"Historic district" means a geographically definable area, urban or rural, which contains structures, sites, works of art, or a combination thereof which:

1.

Have special character or special historical or esthetic interest or value;

2.

Represent one or more periods or styles of architecture typical of one or more eras in the history of the municipality, county, state, or region; and

3.

Cause such area, by reason of such factors, to constitute a visibly perceptible section of the municipality or county.

(F)

"Historic preservation jurisdiction," in the case of Spalding County, means the unincorporated area of the County;

(G)

"Historic property" means a structure, site, or work of art, including the adjacent area necessary for the proper appreciation or use thereof, deemed worthy of preservation by reason of its value to the municipality, county, state, or region for one or more of the following reasons:

1.

It is an outstanding example of a structure representative of its era;

2.

It is one of the few remaining examples of a past architectural style;

3.

It is a place or structure associated with an event or person of historic or cultural significance to the municipality, county, state, or region;

4.

It is a site of natural or aesthetic interest that is continuing to contribute to the cultural or historical development and heritage of the municipality, county, state, or region; or

5.

It contains an existing structure or structures already listed on the National Register of Historic Places.

(H)

"Local governing body" means the Board of Commissioners of Spalding County.

(I)

"Material change in appearance" means a change that will affect only the exterior architectural features of a historic property or of any structure, site, or work of art within a historic district and may include any one or more of the following:

1.

A reconstruction or 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 features, details, or elements;

2.

Demolition of a historic property;

3.

Commencement of excavation;

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.

(J)

"Person" includes any natural person, corporation, or unincorporated association.

(K)

"National Register of Historic Places" means the official list of districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, engineering and culture, established by the National Historic Preservation Act of 1966.

(Res. of 11-20-25(6), § 1)

Per the standards of O.C.G.A. § 44-10-24, a Historic Preservation Commission for unincorporated Spalding County is hereby established, as follows:

(A)

The Spalding County Historic Preservation Commission shall consist of five (5) members, approved by the Board of Commissioners. In establishing such a Commission and making appointments to it, the Board of Commissioners may seek the advice of any state or local historical agency, society, or organization.

(B)

The terms of the Historic Preservation Commission members shall be three (3) years, with options for renewal for successive terms.

1.

The terms of the first Commission members shall be staggered as per the following schedule, in order to avoid the entire Commission changing simultaneously:

a.

Two members appointed for three-year terms;

b.

Two members appointed for two-year terms;

c.

One member appointed for a one-year term.

2.

Appointments of future members or re-appointments of initial members shall be for full three-year terms.

3.

A majority of the members of the Commission shall have demonstrated special interest, experience, or education in history or architecture.

4.

All the members of the Commission shall reside within the historic preservation jurisdiction of Spalding County, except as otherwise provided by subsection (E) of this Code section, and all shall serve without compensation.

5.

Active members of the Planning and Appeals Commission shall not concurrently serve on the Historic Preservation Commission.

6.

The Zoning Administrative Officer shall provide and coordinate meeting information for the Historic Preservation Commission.

(Res. of 11-20-25(6), § 1)

The Spalding County Historic Preservation Commission shall be authorized to:

(A)

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

(B)

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

(C)

Review applications for Certificates of Appropriateness and grant or deny the same in accordance with Section 110;

(D)

Recommend to the Board of Commissioners 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;

(E)

Restore or preserve any historic properties acquired by Spalding County;

(F)

Promote the acquisition by Spalding County of conservation easements in accordance with Code Sections 44-10-1 through 44-10-8;

(G)

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

(H)

Make such investigations and studies of matters relating to historic preservation as the Board of Commissioners itself may from time to time deem necessary or appropriate for the purposes of this Ordinance;

(I)

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

(J)

Consult with historic preservation experts in the Department of Community Affairs or its successor, the Georgia Trust for Historic Preservation, Inc. and the Griffin-Spalding County Historical Society; and

(K)

Submit to the Department of Community Affairs or its successor a list of historic properties or historic districts designated as such pursuant to Code Section 44-10-26.

(Res. of 11-20-25(6), § 1)

The designation of each historic property or historic district in unincorporated Spalding County shall be accomplished by an Ordinance adopted by the Board of Commissioners.

(A)

This Ordinance shall be subject to the following requirements:

1.

Designated properties or districts shall be shown on the Official Zoning Map of Spalding County" in addition to other notice requirements specified by this Code section;

2.

Each property to be designated as a historic property, shall include the following:

a.

A legal description of the property;

b.

A physical description of the property, including the physical address of the property, the property's tax identification number, and the structures on the property;

c.

The name or names of the current owner or owners of the property; and

d.

A certificate of appropriateness from the Historic Preservation Commission prior to any material change in appearance of the designated property.

3.

Each district to be designated as a historic district, shall include the following:

a.

A description of the boundaries of the district;

b.

A list of each property located therein;

c.

The name or names of the current owner or owners of each property in the district; and

d.

A Certificate of Appropriateness 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)

The Ordinance, or any amendments thereto, may not be adopted by the Board of Commissioners nor may any property be accepted or acquired as historic property by the Board of Commissioners until the following procedural steps have been taken:

1.

The Historic Preservation Commission shall make or cause to be made an investigation and shall report on the historic, cultural, architectural, or esthetic significance of each place, district, site, building, structure, or work of art proposed for designation or acquisition. This report shall be submitted to the Department of Community Affairs, or its successor, which will be allowed 30 days to prepare written comments concerning the report;

2.

The Historic Preservation Commission and the Board of Commissioners shall hold a public hearing on the proposed Ordinance. Notice of the hearing shall be published at least three times in the principal newspaper of general circulation within the municipality or county in which the property or properties to be designated or acquired are located; and written notice of the hearing shall be mailed by the Historic Preservation Commission to all owners and occupants of such properties. Owner(s) shall be required to give names and mailing addresses of current occupants, if different than the owner(s). 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 the public hearing; and

3.

Following the public hearing, the Board of Commissioners may adopt the Ordinance as prepared, adopt the Ordinance with any amendments it deems necessary, or reject the proposal.

4.

Within 30 days immediately following the adoption of the Ordinance, the owners and occupants of each designated historic 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 Board of Commissioners, 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. Owner(s) shall be required to give names and mailing addresses of current occupants, if different than the owner(s).

Res. of 11-20-25(6), § 1)

(A)

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 the historic property or district shall be made or be permitted to be made by the owner or occupant thereof unless and until application for a Certificate of Appropriateness has been submitted to and approved by the Historic Preservation Commission. Such application shall be accompanied by such drawings, photographs, or plans as may be required by the Commission.

(B)

The Department of Transportation and any contractors, including cities and counties, performing work funded by the Department of Transportation are exempt from this article. Local governments are exempt from the requirement of obtaining Certificates of Appropriateness; provided, however, that local governments shall notify the Commission 45 days prior to beginning an undertaking that would otherwise require a Certificate of Appropriateness and allow the Commission an opportunity to comment.

(Res. of 11-20-25(6), § 1)

(A)

Prior to reviewing an application for a Certificate of Appropriateness, the Historic Preservation Commission shall take such action as may reasonably be 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 beard. In cases where the Commission deems it necessary, it may 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. In making this determination, the Commission shall consider, in addition to any other pertinent factors, the historical and architectural value and significance; architectural style; general design, arrangement, texture, and material of the architectural features involved; and the relationship thereof to the exterior 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 architectural features.

(D)

The Commission shall approve or reject an application for a Certificate of Appropriateness within 45 days after the filing thereof by the owner or occupant of a historic property or of a structure, site, or work of art located within a historic district. Evidence of approval shall be by a Certificate of Appropriateness issued by the Commission. Failure of the Commission to act within the 45-day period shall constitute approval, and no other evidence of approval shall be needed.

(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 it thinks proper if it disapproves of the application submitted. The applicant, if desired, may make modifications to the plans and may resubmit the application at any time after doing so.

(F)

In cases where 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 or other Administrative Officer charged with issuing building permits; and, in such a case, no building permit shall be issued.

(G)

Where such action is authorized by the Board of Commissioners 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)

Where, by reason of unusual circumstances, the strict application of any provision of this article would result in exceptional practical difficulty or undue hardship upon any owner of any specific property, the Commission, in passing upon 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 article.

(I)

The Commission shall keep a record of all applications for Certificates of Appropriateness and of all its proceedings.

(J)

Any person adversely affected by any determination made by the Historic Preservation Commission relative to the issuance or denial of a Certificate of Appropriateness may appeal such determination to the Planning and Appeals Commission; and the Planning and Appeals Commission may approve, modify and approve, or reject the determination made by the Historic Preservation Commission if the Planning and Appeals Commission finds that the Historic Preservation Commission abused its discretion in reaching its decision. The procedures adopted in Section 108 shall specify the procedures for the review of decisions of the Commission by the Planning and Appeals Commission. Appeals from decisions of the Planning and Appeals Commission made pursuant to this article may be taken to the Superior Court in the manner provided by law for appeals from a conviction for municipal or County ordinance violations.

(Res. of 11-20-25(6), § 1)

Criteria for Certificate of Appropriateness review shall include:

(A)

The historic character of the property shall be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property shall be avoided.

(B)

Each property shall 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 elements from other historic properties, shall not be undertaken,

(C)

Changes to a property that has acquired historic significance in their own right shall be retained and preserved.

(D)

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

(E)

Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and where possible, materials. Replacement of missing features shall be substantiated by documentary and physical evidence.

(F)

Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used.

(G)

Archeological resources shall be protected and preserved in place. If such resources must be disturbed, mitigation measures shall be undertaken.

(H)

New additions, exterior alterations, or related new construction shall not destroy historic materials, features, and spatial relationships that characterize the property. The new work shall be differentiated from the old and shall be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.

(I)

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

(J)

Demolition. No building on a designated historic property shall be demolished or removed without approval by the Board of Commissioners. Upon receiving a written request from a property owner and/or developer of the intent to demolish or remove a building, the Board of Commissioners shall conduct a public hearing on the matter. The Board shall consider the appropriateness of the request, based on the following criteria:

1.

Whether the building is too dilapidated to be safely used or occupied in its present form and presents an immediate and significant nuisance or danger to the public;

2.

Whether damage to the building via natural disaster, etc. has rendered the structure permanently unrepairable and unusable in the future;

3.

Whether demolition or removal of the building serves the greater public good, relative to future development on the same property.

(Res. of 11-20-25(6), § 1)

Nothing in this article shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on a historic property or district, 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, regulations or Section 115 of this Ordinance.

(Res. of 11-20-25(6), § 1)

The Board of Commissioners or the Historic Preservation 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 changes made in compliance with the provisions of this Ordinance, or to prevent any illegal act or conduct with respect to such historic property or historic district.

(Res. of 11-20-25(6), § 1)

Certain future uses of historically designated properties are deemed to be incompatible with the proper appreciation of such properties, and these uses may also require a material change in appearance to the property which could harm the property's historic integrity. Once a property has been designated by the Historic Preservation Commission as a historic property or as part of a historic district, the following zoning restrictions shall apply to all such properties, regardless of their current zoning. Legal, non-conforming uses in historically designated structures, properties, and districts shall be allowed to continue as long as the criteria of Article IV, Section 403(B) are being met. These zoning restrictions shall be enforced by the Administrative Officer through any business license applications for historically designated properties and by the Planning and Appeals Commission and Board of Commissioners for any proposed zoning procedures on historically designated properties.

(A)

The following proposed, principal uses are permitted on designated historic properties and districts in existing agricultural and residential zoning districts:

1.

Conventional construction (site-built), single-family detached dwelling.

2.

Local, state, or federal government building.

3.

Garden, crop growing.

4.

Agriculture.

5.

Publicly-owned and operated park or recreation area.

(B)

The following proposed, principal uses are permitted as special exceptions on designated historic properties in existing agricultural and residential zoning districts:

1.

Bed and breakfast.

2.

Private school.

3.

Private club or lodge.

4.

Library.

5.

Museum.

6.

Privately-owned park or recreation area.

7.

Riding academies and other facilities which host equestrian events.

8.

Office (for commercial activity conducted off-premises).

9.

Event center, rural.

(C)

The following proposed, accessory uses are permitted on designated historic properties in existing agricultural and residential zoning districts:

1.

Private garage or carport.

2.

Structure for the storage of equipment and supplies used in maintaining the principal building and its grounds.

3.

Structure for a children's playhouse and the storage of children's play equipment.

4.

Private swimming pool and bath house or cabana.

5.

Garden, including a greenhouse and other customary garden structures.

6.

Deck, patio, barbecue grill, or other such facility.

7.

Sign as permitted by the Spalding County Sign Ordinance.

8.

Roadside stands for sale of agricultural products grown on the premises, but not to exceed five hundred (500) square feet in floor area.

9.

Home occupation, minor.

10.

Private cemetery.

(D)

The following proposed, accessory uses are permitted as special exceptions on designated historic properties in existing agricultural and residential zoning districts:

None

(E)

The following proposed, principal uses are permitted on designated historic properties and districts in existing commercial and industrial zoning districts:

1.

Conventional construction (site-built), single-family detached dwelling.

2.

Local, state, or federal government building.

3.

Publicly-owned and operated park or recreation area.

4.

Professional office.

5.

Any retail business or service which does not have continuous, unenclosed outside storage.

6.

Library.

7.

Museum.

(F)

The following proposed, principal uses are permitted as special exceptions on designated historic properties in existing commercial and industrial zoning districts:

1.

Bed and breakfast.

2.

Private school.

3.

Private club or lodge.

4.

Privately-owned park or recreation area.

5.

Event center, indoor.

6.

Loft apartments.

7.

Condominiums.

8.

Woodworking shop.

9.

Farmers' Market.

10.

Other appropriate uses, per the discretion of the Administrative Officer.

(G)

The following proposed, accessory uses are permitted on designated historic properties in existing commercial and industrial zoning districts:

1.

Structure for the storage of equipment and supplies used in maintaining the principal building and its grounds.

2.

Sign as permitted by the Spalding County Sign Ordinance.

(H)

The following proposed, accessory uses are permitted as special exceptions on designated historic properties in existing commercial and industrial zoning districts:

None

(I)

Designated historic properties may be considered for rezoning to the following zoning classifications only:

1.

Agriculture-Tourism District (A-T), for the following proposed uses:

a.

All permitted principal uses, except Section 604(A)(6).

b.

All permitted accessory uses, except Section 604(B)(9), (15), (16), and (17).

c.

All permitted accessory uses requiring special exceptions, except Section 604(C)(2), (5), (11), (15).

2.

Neighborhood Commercial District (C-1A), for the following proposed uses:

a.

Only the following permitted principal uses in Section 1303(A):

i.

Art Studio.

ii.

Bakery.

iii.

Bed and breakfast inn.

iv.

Catering service.

v.

Club, private.

vi.

Cultural facility, library, museum.

vii.

Dance school or music teaching studio.

viii.

Florist shop.

ix.

Gift or novelty shop.

x.

Government building, local, federal or state.

xi.

Legal office.

xii.

Photography studio.

xiii.

Restaurant.

3.

Office and Institutional District (O-I), for the following proposed uses:

a.

Only the following permitted principal uses in Section 1903(A):

i.

Local, state, or federal government building.

ii.

Professional or business office meeting the following development standards:

a.

No wholesale or retail merchandise may be offered for sale.

iii.

Club or lodge.

iv.

Publicly owned and operated park or recreation area.

v.

Bed and breakfasts.

vi.

Funeral homes.

(Res. of 11-20-25(6), § 1)

In the spirit of the definition of "historic property" per Section 105(7), the following requirements for the subdivision of land for future development around historic structures shall apply to all designated historic properties, regardless of their current zoning.

(A)

Any subdivision of land for future development, regardless of size or use, adjoining a designated historic property shall require approval by the Board of Commissioners, based on the following criteria:

1.

Any subdivision of land adjoining a historically designated property shall preserve a minimum 5-acre parcel around the existing principal structure(s) on the property;

2.

There shall be a minimum 150 feet of horizontal distance from the side of the existing principal structure(s) to the side property lines of the MS-acre parcel; and

3.

Upon creation of a minimum 5-acre parcel around the existing principal structure(s) on a historically designated property, the remainder of the larger parent tract from which the preservation parcel was created shall not be subject to the requirements of this Ordinance.

(Res. of 11-20-25(6), § 1)

In the spirit of the definition of "historic property" per Section 105(7), the following requirements for exterior building materials and landscape buffers for future development shall apply to all properties directly contiguous to designated historic properties, regardless of their current zoning.

(A)

Nonresidential, two-family and multi-family developments adjacent to designated historic properties and approved after the enaction of this Ordinance shall comply with the following development standards:

1.

The exterior building materials for the proposed principal building shall be a mix of brick or stacked stone and Hardiplank or wood siding. Hardiplank or wood siding shall closely match the color of the existing principal building on the adjacent designated historic property. Brick shall closely match the color of any brick on the existing principal building on the adjacent designated historic property;

2.

The roof of the proposed principal building shall closely match the slope and color of the roof of the existing principal building on the adjacent designated historic property;

3.

Any exterior lighting on the proposed principal building shall be decorative, metal, and night-sky friendly;

4.

Wall signs on the proposed principal building shall comply with the size requirements of the County Sign Ordinance and shall only be channel letters. They shall also be limited to one per business and installed only along the front of the building. Wall signs shall only be illuminated by external decorative lighting and shall not contain electronic or changeable graphics or lettering; and

5.

The entire development shall be limited to only one freestanding sign, a monument sign not exceeding 6 feet in height and as far from the adjacent historically designated property as legally possible. Sign base shall closely match any masonry of principal building. Sign shall have no electronic or changeable graphics or lettering.

(B)

Nonresidential, two-family and multi-family developments adjacent to designated historic properties and approved after the enaction of this Ordinance shall install a 25-foot-wide, planted evergreen buffer along every property line which is adjacent to the designated historic property. Planted evergreen buffers shall comply with the following criteria:

1.

The entire buffer shall consist of, at a minimum, two staggered rows of evergreen trees planted a maximum of 10 feet apart;

2.

Acceptable species of evergreen trees for the buffer shall be either Leyland Cypress, Holly species, Arborvitae species, evergreen Magnolia species, or approved substitute per the Community Development Director;

3.

Evergreen trees shall be a minimum 6 feet tall and 3 feet wide at the time of planting;

4.

Smaller evergreen shrubs may be planted at the base of the evergreen trees for a multi-layered look;

5.

Buffer plan shall be reviewed and approved by the Community Development Director prior to planting.

(Res. of 11-20-25(6), § 1)

Should any applicant or descendant be dissatisfied with the decision of the Historic Preservation Commission and the Board of Commissioners, he or she, within 30 days of such decision, may file an appeal in the Superior Court of Superior County in addition to the superior courts enumerated in Section 50-13-19 of the Official Code of Georgia.

(Res. of 11-20-25(6), § 1)

Any person who violates any provision of Section 106 and 109 of this Ordinance or any amendment to this Ordinance, or who fails to perform any act required hereunder or commits any prohibited act shall be guilty of a misdemeanor and punishable by a fine of not more than one thousand dollars ($1,000.00) for each offense. Each and every day for which any violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

(Res. of 11-20-25(6), § 1)

If any conflicts occur between the terms of this Ordinance and the terms of any other section or ordinance of the County Code, the provision imposing the more restrictive standard shall prevail. If said conflicting provisions are equally restrictive, the provisions of this section shall prevail.

(Res. of 11-20-25(6), § 1)

Should any provision of this Section be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Section as a whole or any provision thereof other than the provision specifically declared to be invalid. The board hereby declares that it would have passed this Ordinance and each subsection, sentence, clause, and phrase hereof, irrespective of the fact that one (1) or more subsections, sentences, clauses, or phrases be declared illegal, invalid, or unconstitutional.

(Res. of 11-20-25(6), § 1)