In support and furtherance of its findings and determination that the historical and cultural heritage of Tybee Island is among its most valued and important assets and that the preservation of this heritage is essential to the promotion of the health, prosperity, education, understanding and appreciation of historic properties, as well as the general welfare of the people;

In order to stimulate revitalization of the business districts and historic neighborhoods and to protect and enhance local historical attractions to tourists and thereby promote and stimulate business through a democratic process;

In order to enhance the opportunities for federal and 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 purpose and intent of this article to establish a uniform procedure for use in providing for the protection, enhancement, perpetuation and use of places, districts, sites, buildings, structures, objects and landscape features having special historical, cultural interest or value, in accordance with the provisions of this article.

(Ord. No. 1999-13, 5-27-1999; Ord. No. 1999-13, add 6-4-1999; Ord. No. 1999-13, add 6-4-1999)

A.

"Certificate of appropriateness" (hereinafter "certificate") means a document evidencing approval by the historic preservation commission of an application to make a material change in the appearance of a designated historic property or of a property located within a designated historic district.

B.

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

C.

"Exterior environmental features" means all those aspects of the landscape or the development of a site which affects the historical character of the property.

D.

"Historic district" means a geographically definable area designated by city council as a historic district pursuant to the criteria established in section 14-040B.

E.

"Historic property" means an individual building, structure, site and object including the lot on which it sits necessary for the proper appreciation thereof designated by city council as a historic property pursuant to the criteria established in section 14-040C.

F.

"Material change in appearance" means a change that will affect either the exterior architectural or environmental features of a historic property or any building, structure, site, object, landscape feature within a historic district, such as:

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 or relocation of a historical structure;

3.

Commencement of excavation for construction purposes;

4.

A change in the location of advertising visible from the public right-of-way; or,

5.

The erection, alteration, restoration or removal of any building; or other structure; and/or significant landscape features within a historic property or district.

(Ord. No. 1999-13, 5-27-1999; Ord. No. 1999-13, add 6-4-1999; Ord. No. 1999-13, add 6-4-1999)

A.

Creation of the commission. There is created a commission whose title shall be the "Tybee Island Historic Preservation Commission" (hereinafter "commission").

B.

Commission position within the city. The commission shall be part of the planning functions of the city.

C.

Commission members; number, appointment, terms and compensation. The commission shall consist of five members appointed by the mayor and ratified by the city council. All members shall be residents of Tybee Island and shall be persons who have demonstrated special interest, experience or education in history, architecture or the preservation of historic resources. To the extent available on Tybee Island, at least three members shall be appointed from among professionals in the disciplines of architecture, history, architectural history, planning, archeology, or related disciplines. Members shall serve three-year terms. Members may not serve more than two consecutive terms. Members will automatically serve a second three-year term unless the mayor and city council take action otherwise with respect to any member. In order to achieve staggered terms, initial appointments shall be: one member for one year; two members for two years; and two members for three years. Members shall not receive a salary, although they may be reimbursed for expenses.

D.

Powers. The commission shall be authorized to:

1.

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

2.

Recommend to the city council specific places, districts, sites, buildings, structures or objects to be designated by this article as historic properties or historic districts;

3.

Develop and recommend to city council historic guidelines;

4.

Review applications for certificate(s) of appropriateness and grant or deny same in accordance with the provisions of this article and O.C.G.A. § 44-10-28;

5.

Recommend to the city council that the designation of any place, district, site, building, structure, or object as a historic property or as a historic district be revoked or removed;

6.

Restore or preserve any historic properties acquired by the city;

7.

Promote the acquisition by the city of facade easements and conservation easements in accordance with the Georgia Uniform Conservation Act (O.C.G.A. § 44-10-1 et seq.);

8.

Conduct educational programs on historic properties located on Tybee Island and on general historic preservation activities;

9.

Make such investigations and studies of matters relating to historic preservation including consultation with historic preservation experts, as the city council or the commission itself, from time to time, may deem it necessary or appropriate for the purpose of preserving historic resources; however, the commission shall not expend city funds without prior city approval;

10.

Seek out local, state, federal and private funds for historic preservation and make recommendations to the city council concerning the most appropriate uses of funds acquired;

11.

Submit to the historic preservation division of the department of natural resources a list of historic properties or historic districts designated;

12.

Initiate a historic marker program;

13.

Review and make comments to the historic preservation division of the department of natural resources concerning the nomination of properties within its jurisdiction to the National Register of Historic Places;

14.

Participate in private, state and federal historic preservation programs, and with the consent of city council, enter into agreements to do the same;

15.

To employ persons, if necessary, to carry out the responsibilities of the commission, but only after first receiving approval by the city council;

16.

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

17.

Submit to the department of community affairs or its successor a list of historic properties or historic districts designated as such pursuant to O.C.G.A. § 44-10-26.

E.

Commission's power to adopt rules and standards. The commission shall adopt rules and standards for the transaction of its business for the consideration of applications for designations and certificates, such as by-laws, removal of membership provisions, and design guidelines and criteria. The commission shall have the flexibility to adopt rules and standards without amendment to this article. The commission shall provide for the time and place of regular meetings and a method for the calling of special meetings. The commission shall select such officers, as it deems appropriate from among its members. A quorum shall consist of a majority of the members.

F.

Conflict of interest. At any time the commission reviews a project in which a member of the commission has ownership, economic or other vested interest, that member will be forbidden from presenting, voting or discussing the project, other than answering a direct question.

G.

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

(Ord. No. 1999-13, 5-27-1999; Ord. No. 1999-13, add 6-4-1999; Ord. No. 1999-13, add 6-4-1999; Ord. No. 06-2014, § 1, 3-27-2014; Ord. No. 2023-23, § 1, 6-22-2023)

A.

Preliminary research by commission.

1.

Commission's mandate to conduct a survey of local historical resources. The commission shall compile and collect information and conduct surveys of historic resources on Tybee Island.

2.

Commission's power to recommend districts and buildings to city council for designation. The commission shall present to the city council recommendations for historic districts and properties.

3.

Commission's documentation of proposed designation. Prior to the commission's recommendation of a historic district or historic property to the city council for designation, the commission shall prepare a report consisting of:

a.

A physical description;

b.

A statement of the historical, cultural, architectural and/or significance;

c.

A map showing district boundaries and classifications, (i.e., historic, nonhistoric, intrusive) of individual properties therein, or showing boundaries of individual historic properties;

d.

A statement justifying district or individual property boundaries; and

e.

Representative photographs.

B.

Designation of a historic district.

1.

Criteria for selection of historic districts. A historic district is a geographically or multiple property listing definable area which contains buildings, structures, sites, objects, landscape features or a combination thereof, which:

a.

Cause such area to constitute a visibly perceptible section of the municipality or county. These districts shall;

b.

Have special character or special historical value or interest; or

c.

Represent one or more periods, styles or types of architecture typical of one or more eras in the history of Tybee Island, Chatham County, State of Georgia, region, or nation.

2.

Boundaries of a historic district. Boundaries of a historic district shall be included in the separate ordinances designating such districts and shall be shown on the official zoning map, or in the absence of such a map, on an official map designated as a public record.

3.

Evaluation of properties within historic districts. Individual properties within historic districts shall be classified as:

a.

Historic/contributing (contributes to the district);

b.

Historic/nonconforming;

c.

Noncontributing (does not contribute but does not detract from the district, as provided for in [subsection] B.1.);

d.

Intrusive (detracts from the district as provided for in [subsection] B.1.).

C.

Designation of historic property.

1.

Criteria for selection of historic properties. A historic property is a property that contains a building, structure, site or object, deemed worthy of preservation by reason of value to Tybee Island, Chatham County, State of Georgia, region, or nation, for one of the following reasons:

a.

It is an example of a structure/site representation of its era;

b.

It is one of the few remaining examples of past architectural style, or building type;

c.

It is a place or structure associated with an event or persons of historic or cultural significance to Tybee Island, Chatham County, State of Georgia, region, or nation; or

d.

It is a site of natural interest that is continuing to contribute to the cultural or historical development and heritage of the Tybee Island, Chatham County, State of Georgia, region, or nation.

2.

Boundary description. Boundaries shall be included in the separate ordinances designating such properties and shall be shown on the official zoning map, or other designated map in the absence of such a map, or an official map designated as a public record.

D.

Requirements for adopting an ordinance for the designation of historic districts and historic properties.

1.

Application for designation of historic districts or property. Designations may be submitted by the city council, the commission, or:

a.

For historic districts. A historical society, neighborhood association or group of property owners may apply to the commission for designation;

b.

For historic properties. A historical society, neighborhood association or property owner may apply to the commission for designation.

2.

Required components of a designation ordinance. Any ordinance designating any property or district as historic shall:

a.

List each property in a proposed historic district or describe the proposed individual historic property, or historic properties;

b.

Set forth the name(s) of the owner(s) of the designated property or properties;

c.

Require that a certificate be obtained from the commission prior to any material change in appearance of the designated property; and

d.

Require that the property or district be shown on the official zoning map, in the absence of such a map, an official map designated as a public record.

3.

Required public hearings. The commission and the city shall hold a public hearing on any proposed ordinance for the designation of any historic district or property. Notice of the hearing shall be published in at least three consecutive issues of the principal newspaper of local circulation, and written notice of the hearing shall be mailed by the commission to all owners and occupants of such properties to the extent practical. All such notices shall be published or mailed not less than ten nor more than 20 days prior to the date set for the public hearing. A notice sent via the United States mail to the last known owner of the property shown on the city's tax roll shall constitute legal notification to the owner. Because of the absence of street delivery to certain areas of the city, reasonable efforts of the commission to notify occupants by and through the owners of the properties and by publication shall suffice for notification hereunder.

4.

Recommendations on proposed designations. A recommendation to affirm, modify or withdraw the proposed ordinance for designation shall be made by the commission within 15 days following the public hearing and shall be in the form of a resolution to the city council.

5.

City council action on commission recommendation(s). Following receipt of the commission's recommendations, the city council may adopt the ordinance as proposed; or send back to the commission with recommendations for revision; or, reject the ordinance.

6.

Notification of historic preservation division. No less than 30 days prior to making a recommendation on any ordinance designating a property or district as historic, the commission must submit the report, required in subsection A.3. of this section, to the historic preservation section of the department of natural resources.

7.

Notification of adoption of ordinance for designation. Within 30 days following the adoption of the ordinance for designation by the city council, the owners and occupants of each designated historic property, and the owners and occupants of each structure or site located within a designated historic district, shall be given written notification of such designation by the city council which notice shall apprise said owners and occupants of the necessity of obtaining a certificate prior to undertaking any material change to appearance of the historic property designated or within the historic district designated. Because of the absence of street delivery service to certain areas of the city, reasonable efforts of the city council to notify occupants by and through the owners of the properties and by publication shall suffice for notification hereunder.

8.

Notification of other agencies regarding designation. The commission shall notify all necessary agencies within the city of the ordinance for designation, including the local historical organization.

9.

Moratorium on application(s) for alteration or demolition while application for historic designation is pending. If an application for alterations or demolition is being processed by the city no action shall be taken on the application until a decision on the historic designation is made upon by city council.

(Ord. No. 2001-01, 1-11-2001; Ord. No. 1999-13, add 6-4-1999; Ord. No. 2001-01 Historic Preservation, amended 4-19-2001; Ord. No. 1999-13, add 6-4-1999)

A.

Approval of alterations to the exterior architectural features of existing buildings in historic districts or historic properties. After the designation by ordinance of a historic district or historic property, no material change in the exterior architectural appearance of any existing building within these areas shall be permitted to be made by the owner thereof unless or until applications for a certificate has been submitted to and approved by the commission. The certificate will certify that the change in exterior architectural appearance is compatible with the historical features of the building and the adjoining properties.

B.

Approval of new construction within historic districts or historic properties. After the designation by ordinance of a historic district or historic property, no new building or structure shall be constructed until the owner thereof has submitted an application for a certificate to the commission, and the commission has approved it. These structures or developments shall conform in design, scale, building materials, setbacks and other exterior architectural features to the character of the designated district and site as specified in the commission's design guidelines.

C.

Guidelines and criteria for certificate of appropriateness. When considering applications for certificate(s) to existing buildings, the secretary of the interior's "Standards for Historic Preservation Projects" including the secretary's "Standards for Rehabilitation" shall be used as a guideline along with any other criteria adopted by the commission.

D.

Submission of plans to commission. In order for an application for a certificate to be reviewed, it must be submitted at least 15 days prior to a scheduled meeting of the commission. An application for a certificate shall be accompanied by such drawings, photographs, or plans as may be required by the commission. The application for certificate will be logged in by the city building official on the day it was received and copies of all applications for certificates shall be given to the chair of commission no later than 14 days before the scheduled meeting of the commission.

E.

Acceptable commission reaction to application for certificate of appropriateness.

1.

The commission shall approve the application and issue a certificate if it finds that the proposed material change(s) in the appearance would not have a substantial adverse effect on the historic 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 historic features of the other structures in the immediate neighborhood.

2.

The commission shall deny a certificate if it finds that the proposed material change(s) in appearance would have substantial adverse effects on the historic or architectural significance and value of the historic property or the historic district.

3.

The commission may make approval of a certificate conditional upon complying to certain situations which may be listed in the certificate. Such stipulations are to be used only to diminish the adverse impact of the changes in material appearances proposed in the application for a certificate.

F.

Public hearing on applications for certificates of appropriateness, notices and right to be heard. At least seven days prior to review of a certificate, the commission shall take such action as may reasonably be required to inform the owners of any property likely to be affected by reason of the application, and shall give applicant and such owners an opportunity to be heard. In cases where the commission deems it necessary, it may hold a public hearing concerning the applications. All meetings of the commission at which applications for certificate(s) are being discussed shall be open to the public.

G.

Interior alterations. In its review of applications for certificate(s), the commission shall not consider interior arrangements or use having no effect on exterior architectural features.

H.

Technical advice. The commission shall have the power to seek technical advice from outside its members on any applications for certificate(s).

I.

Deadline for approval or rejection of application of certificates of appropriateness.

1.

The commission shall approve or reject an application for certificate(s) within 45 days after the filing by the owner of a historic property, or of a structure, site or object located within a historic district. Evidence of approval shall be by a certificate being issued by the commission. Notice of the issuance or denial of a certificate(s) shall be sent via United States mail to the applicant and all other persons who have requested such notice in writing filed by the commission.

2.

Failure of the commission to act within said 45 days shall constitute approval, and no other evidence of approval shall be needed.

J.

Necessary actions to be taken by commission upon rejection of application for certificate of appropriateness.

1.

In the event the commission rejects an application, it shall state its reasons for doing so, and shall transmit a record of such actions and reasons, in writing, to the applicant. The commission may suggest an alternative course of action it thinks proper if it disapproves of the application submitted. The applicant, if they so desire, may make modifications to the plans and may resubmit the application at any time after doing so.

2.

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 the application for a certificate shall be binding upon the building inspector or other administrative officer charged with issuing building permits and, in such cases, no building permit shall be issued.

K.

Undue hardship. Where, by reason of unusual circumstances, the strict application of this section would result in exceptional practical difficulty; 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 adherence to said provisions, or to interpret the meaning of said provisions so as to relieve such difficulty or hardship; provided such variances, 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 variances, the commission may impose such reasonable and additional stipulations and conditions as will, in its judgment, best fulfill the purpose of this article. An undue hardship shall not be a situation of the person's own making or as result of any failure to maintain the property in good repair.

L.

Requirement of conformance with certificate of appropriateness.

1.

All work performed pursuant to an issued certificate shall conform to the requirements of such certificate. In the event work is performed not in accordance with such certificate, the city code inspections officer shall issue a cease and desist order and all work shall cease.

2.

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

M.

Certificate of appropriateness void if construction not commenced. A certificate shall become void unless construction is commenced within six months of date of issuance. Certificates shall be issued for a period of 18 months and are not renewable.

N.

Recording of applications for certificate of appropriateness. The commission shall keep a public record of all applications for certificates and of all the commission's proceedings in connection with said application.

O.

Appeals. Any person adversely affected by any determination made by the commission relative to the issuance of denial or approval of a certificate may appeal such determination to the city council. Any such appeal must be filed with the city council within 15 days after the issuance of the determination pursuant to this subsection or, in the case of a failure of the commission to act, within 15 days of the expiration of the 45-day period allowed for commission action, as provided in this subsection, the city council may approve, modify or reject the determination made by the commission if the governing body finds that the commission abused its discretion in reaching its decision. Appeals from decision of the city council may be taken to the Superior Court of Chatham County in the manner provided by law for appeal from conviction for ordinance violations.

P.

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

(Ord. No. 1999-13, 5-27-1999; Ord. No. 1999-13, add 6-4-1999; Ord. No. 1999-13, add 6-4-1999; Ord. No. 06-2014, § 1, 3-27-2014)

(A)

The planning and zoning department shall notify in writing the historic preservation commission of each application for a demolition or relocation permit.

(B)

The historic preservation commission shall have the authority to review each application for a demolition or relocation permit and make recommendations to the designated city official.

(C)

The historic preservation commission shall use the criteria described in section 14-050 to determine whether the request is in accordance with the intent of this article and issue a written report of its findings to the designated city official. The commission shall have 45 calendar days from the date of notification of the permit application to submit its report. No demolition or relocation permit shall be issued until the report has been submitted or the required 45 calendar days have expired.

(D)

The historic preservation commission may contact the owner of a structure which has been approved for demolition to request permission to remove historic fabric from the structure prior to the demolition. Where such permission has been granted by the owner, the historic preservation commission shall obtain the required permit for the activity from the planning and zoning department.

(E)

When a permit application is submitted for any building aged 50 years or greater, the designated city official shall notify the Tybee Island Historic Preservation Commission (HPC) chairperson and HPC advisor. Prior to the permit being issued, the HPC representative shall advise the property owner if the property is deemed historically significant and what steps must be taken to ensure they do not lose specific tax incentives, tax freezes and/or FEMA historic preservation exemptions.

At any time should the scope of work change and require further permitting, all work on the site shall cease. The owner or his/her representative is required to immediately notify the designated city official who will then notify the HPC chairperson and/or HPC advisor. Work shall not resume until the HPC representative has reviewed the changes and the permit has been updated to include the changes from the original scope of work.

At no time will this permit process take more than 15 business days from submission of the permit request.

(Ord. No. 1999-13, 5-27-1999; Ord. No. 1999-13, add 6-4-1999; Ord. No. 1999-13, add 6-4-1999; Ord. No. 06-2013, 1-10-2013; Ord. No. 16-2013-D, § 1, 6-13-2013; Ord. No. 2023-23, § 2, 6-22-2023)

Editor's note— Ord. No. 16-2013-D, § 1, adopted June 13, 2013, amended App. A, § 14-060 to read as set out herein. Former App. A, § 14-060 pertained to demolition or relocation permit application.

A.

Ordinary maintenance or repair. Ordinary maintenance or repair of any exterior architectural or environmental feature in or on a historic property to correct deterioration, decay or damage, or to sustain the existing form, and that does not involve a material change in design, material or outer appearance thereof, does not require a certificate.

B.

Review for building permit. For work on a historical structure that would require a building permit, prior to the issuance of a building permit, the chair of the commission shall review and determine whether a certificate is required and indicate in writing the commission's determination.

C.

Failure to provide ordinary maintenance or repair. Property owners of historic properties or properties within historic districts shall not allow their buildings to deteriorate by failing to provide ordinary maintenance or repair. The commission shall be charged with the following responsibilities regarding deterioration by neglect:

1.

The commission shall monitor the condition of historic properties and existing buildings in historic districts to determine if they are being allowed to deteriorate by neglect. Such conditions as broken windows, doors and openings which allow the elements and vermin to enter, the deterioration of a building's exterior architectural features, or the deterioration of a building's structural system shall constitute failure to provide ordinary maintenance or repair.

2.

In the event the commission determines a failure to provide ordinary maintenance or repair, the commission will notify the owner of the property and set forth the steps which need to be taken to remedy the situation. The owner of such property will have 60 days in which to do this.

D.

Affirmation of existing building and zoning codes. Nothing in this article shall be construed as to exempt property owners from complying with existing city or county building and zoning codes, nor to prevent any property owner from making any use of his property not prohibited by other statutes, ordinances or regulations.

(Ord. No. 1999-13, 5-27-1999; Ord. No. 1999-13, add 6-4-1999; Ord. No. 1999-13, add 6-4-1999; Ord. No. 2023-23, § 3, 6-22-2023)

Violations of any provisions of this article shall be punished in the same manner as provided for punishment of violations of other validly-enacted ordinances of the City of Tybee Island in section 1-8 of the Code of Ordinances.

(Ord. No. 1999-13, 5-27-1999; Ord. No. 1999-13, add 6-4-1999)