(a)

In the five-county Chattahoochee-Flint region, there are thousands of historic resources, ranging from rural farmsteads to high-style Victorian neighborhoods. Some of these properties are listed in the National Register of Historic Places, either individually or as members of historic districts. The entire city limits of the City of Grantville, for example, comprise one National Register historic district. The City of Newnan contains five separate National Register districts. Carroll City's National Register District covers 70 acres with 150 contributing properties, dating from 1827 to 1930.

(b)

In addition, hundreds of properties have been determined eligible for listing in the National Register, through state-sanctioned surveys. As a general rule, to be considered eligible for listing in the National Register, a property must be at least 50 years old, relatively unchanged and architecturally or historically significant at the local, state or federal level.

(c)

As communities like the city approach such issues as downtown revitalization and heritage tourism opportunity, they are acknowledging the value of their historic resources, not only for their utility, cultural meaning and educational potential, but as economic development assets as well. Yet, the region's historic properties and areas are disappearing, deteriorating, or losing their historic character at an alarming rate, owing in part to development pressures. In one recent 20-year period (1970—1990), for example, the region lost half of its older (pre-WWII) housing stock, as did the state as a whole.

(d)

Listing in the National Register provides important recognition for a historic property or area; it also enables the property owner to pursue certain grant monies (if a public property) or rehabilitation tax benefits. National Register listing does not, however, dictate or regulate the use of, or changes to, the listed property or district, unless the property owner is seeking grants or tax benefits. National Register listing is basically a recognition tool, rather than resource protection tool.

(Prior Code, app. D, art. 10; Ord. of 12-21-1998)

(a)

The Georgia Historic Preservation Act of 1980 established a historic district protection process for local governments to use, similar to local historic designation programs elsewhere in the nation. In this approach, local historic districts are designated by the local government, and design guidelines are applied to new construction within those districts, including changes to the exteriors of existing buildings. Building owners and developers are required to obtain certificates of appropriateness for new construction within the local districts. Participating communities qualify as certified local governments, eligible for certain grants and other assistance from the state's historic preservation division of the DNR and from the office of preservation services at University of Georgia, Athens.

(b)

In the state, the sequence for establishing such a local program is as follows:

(1)

The local government adopts a historic preservation ordinance, using the state act as a model. This local ordinance directs the local governing body to appoint a historic preservation commission.

(2)

The local historic preservation commission is appointed.

(3)

The local historic preservation commission may, as one of its several activities, recommend that the local government designate a local historic district or districts. The district configuration must be based on an architectural survey of the area and should meet basic National Register eligibility criteria.

(4)

The historic preservation commission also proposes design guidelines for the district, based on the Secretary of Interior's Standards for the Rehabilitation of Historic Properties. If adopted, the design guidelines will be used by the historic preservation commission to review construction proposals within the local district, including any substantial changes to building exteriors (such as new porches, additions, new windows or doors, etc.), as well as construction of new buildings, and proposed demolition (which the council can delay).

(5)

Public hearings are conducted on the proposed district and design guidelines, and the proposal is also reviewed by the office of preservation services at University of Georgia, Athens.

(6)

The local government then decides whether to designate the local district and adopt the design guidelines.

(7)

If the district is designated, the historic preservation commission (HPC) begins functioning as an architectural review board for proposed construction within the designated district. Any decision by the HPC can be appealed to the local governing body.

(c)

Ten local governments in the Chattahoochee-Flint region have adopted historic preservation ordinances and appointed local historic preservation commissions, in accordance with this model. These include Heard County, Troup County/LaGrange (jointly), and the cities of Bowdon, Carrollton, Roopville, Grantville, Moreland, Hogansville, and West Point.

(Prior Code, app. D, art. 10; Ord. of 12-21-1998)

(a)

Throughout the United States, conservation districts have evolved as a less rigorous means of addressing vulnerable local resources, including historic. Conservation districts take many forms, but as a rule, they are less strict than the state's historic district model in terms of how the district is defined, and/or the regulations applied to the district. The conservation district ordinance is customized to the community's needs and preferences, and to the goals for the area to be designated. By fashioning the district and its regulations to specific local needs, conservation districts can be used to:

(1)

Recognize and include the larger setting surrounding the historic resource (particularly important in rural areas).

(2)

Focus local resources and attention on specific neighborhoods and areas, including "not quite historic" districts.

(3)

Relax or eliminate applicable regulation, as compared to the state model.

(4)

Simplify or eliminate the review process for construction within these districts, as compared to the state model.

(5)

Customize provisions of the zoning code (such as maximum building height, setbacks, distance between buildings, etc.) to meet special circumstances in older neighborhoods.

(6)

Buffer established or eligible historic districts from incompatible development.

(7)

Develop or distribute building rehabilitation guidelines, for voluntary use.

(b)

Conservation districts have been established throughout the nation, most frequently in the larger cities, such as Raleigh, Nashville, and Atlanta. Most cities with conservation districts also have local historic districts as well. The conservation district approach is recommended for well-maintained neighborhoods that happen to be strongly opposed to rigorous design review. The approach has been less successful in areas that are starting to lose historic integrity due to unsympathetic building renovations.

(c)

The city's historic neighborhood overlay district and related zoning regulations utilize a conservation district approach. The city's historic neighborhood district provides compatibility standards for new construction within locally designated historic areas, in terms of building height, mass, setback, roofline, landscaping, etc. Additional standards may be considered by the city, if required, to meet unique or special goals or issues relating to parking, traffic circulation, building use, etc. Changes to existing buildings are not regulated, unless those changes will increase habitable space and would be visible from the street or streets. Development proposals are reviewed by the city planning commission.

(d)

The historic neighborhoods function as overlay zones on the zoning map, conditioning the underlying zones. A public hearing is required (to adopt or amend the zoning ordinance), before any historic neighborhood district can be designated. The local community defines the area to be designated as historic. The overlay district and its regulations should complement, rather than preclude or conflict with, duly adopted master plans developed for the city's historic areas

(Prior Code, app. D, art. 10; Ord. of 12-21-1998)

(a)

Intent.

(1)

The purpose of this article is to protect the city's historic communities from incompatible development and to advance long term plans for these areas. The community finds that these historic neighborhoods are important cultural and economic assets, critical to the city's development, heritage tourism and heritage education goals, and ultimately to the public's long-term interest.

(2)

Zoning standards and regulations should protect these areas while advancing community development goals and furthering and protecting the public's health, safety and welfare. New construction in these areas should complement rather than interrupt, obscure, or otherwise damage or destroy the historic neighborhoods.

(b)

Description of district. Historic neighborhoods shall be those areas listed and described herein and further delineated on the official zoning map of the city, which is incorporated and made a part of this article.

(c)

Applicability. Within the designated historic communities, the provisions of this article shall apply to:

(1)

New construction and building additions, if such additions will increase habitable space;

(2)

Relocation of existing buildings, into or out of the Historic Neighborhoods;

(3)

Proposed demolition of existing structures; and

(4)

Other applicable issues, if specified herein.

(d)

Overlay districts. Historic neighborhoods shall function as overlay districts. They may include, be contiguous with, or later become local historic districts (adopted in accordance with the Georgia Historic Preservation Act of 1980), designated National Register properties or districts, or portions thereof. The regulations of such underlying districts and of the underlying zoning districts shall be maintained and not affected, except in the event of conflict or discrepancy between the historic neighborhood and the underlying district. In that case, the more stringent requirements shall be observed, unless noted otherwise in this article.

(e)

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

Historic neighborhood means a geographically definable area, possessing a significant concentration, linkage, or continuity of sites, buildings, structures or objects united by past events or aesthetically by plan or physical development, listed and described within this article, and further delineated on the official zoning map of the city.

New construction means the fabrication or placement of any building or other structure on a lot, or an addition to an existing building if such addition is visible from the street or streets and would increase living space.

(f)

Conditions and compatibility standards. Within the historic neighborhood, the following conditions and compatibility standards shall apply:

(1)

New construction and building additions.

a.

Size, scale and setback. New buildings shall be similar to nearby buildings in terms of height, width and setback from the street.

b.

Materials. New buildings shall utilize exterior materials common to the exterior of the buildings in the historic neighborhood.

c.

Shapes. Roof pitches and building shapes should be consistent with those within the historic neighborhood.

d.

Rhythm. New construction shall respect the pattern of windows and doors of buildings in the vicinity.

e.

Orientation or directional expression of front elevation. New structures shall be visually compatible with the orientation of the buildings, squares and places to which they are visually related.

f.

Landscaping. Landscaping shall attempt to maintain the historic characteristics and be visually compatible with the overall environment of the historic neighborhood.

g.

Appurtenances. Appurtenances related to a building (such as fences, stone walls, light fixtures, steps, paving, sidewalks, and signs) shall be visually compatible with the environment of the buildings, places, and squares to which they are related.

h.

Modern design. Modern designs shall not be discouraged, if they are sensitive to the visual characteristics of the historic neighborhood.

(2)

Demolition of existing structures.

a.

Proposed demolition of existing structures within historic neighborhoods shall be subject to the prior review by the city planning commission.

b.

Upon receipt of any request to demolish a building, or any part thereof, the planning commission shall review the circumstances and condition of the structure or part proposed for demolition and make an initial determination as to whether any of the following criteria apply to the structure:

1.

Is the building of such architectural or historical interest that its removal would be to the detriment of the public interest;

2.

Is the building of such old and unusual or uncommon design, texture and material that it could not be reproduced or be reproduced only with great difficulty;

3.

Would retention of the building help preserve and protect the historic neighborhood;

4.

Would retention of the building promote the general welfare by maintaining and increasing real estate values; generating business; creating jobs; attracting new residents; promoting heritage education; or making the city a more attractive and desirable place to live.

c.

Should the city determine that none of the criteria listed in subsection (f)(2)b of this section are applicable, then permission to demolish the building shall be granted, no later than 45 days after the property owner's written request to demolish the building.

d.

If the city, instead, should determine that at least one of the criteria listed in subsection (f)(2)b of this section is applicable, then the city shall notify persons or groups interested in historic preservation who may wish to work with the owner in an effort to preserve the structure, or locate purchasers who would agree to preserve the building in accordance with the secretary of interior standards for historic properties.

e.

If efforts to preserve the building, in accordance with subsection (f)2d of this section, have failed, 180 days after the owner's written request for demolition, permission to demolish the building shall be granted.

(3)

Building relocation. Buildings shall be retained on their present sites whenever possible. Relocation shall be considered only as an alternative to demolition.

a.

For buildings to be moved into the historic neighborhood, or relocated within the historic neighborhood, new construction standards shall apply (subsection (f)(1) of this section).

b.

For buildings to be moved out of the historic neighborhood, demolition standards shall apply (subsection (f)(2) of this section).

(4)

Ordinary maintenance. Property owners shall not allow their buildings to deteriorate by failing to provide ordinary maintenance.

(Prior Code, app. D, art. 10; Ord. of 12-21-1998)

(a)

Provisions of the overlay district shall be administered by the city planning commission.

(b)

The planning commission shall adopt rules and standards for the administration of this article, such as issuance procedures and forms, and detailed design guidelines and criteria. The planning commission shall have the flexibility to adopt rules and standards without amendment to this article.

(c)

The planning commission shall have the power to seek technical advice from outside its members on any application.

(d)

A public record shall be kept of all resolutions, proceedings and official actions taken in accordance with this article.

(e)

Violations of any provisions of this article shall be punished in the same manner as provided for punishment of violations of validly enacted ordinances of the city.

(f)

On matters of new construction or building additions, failure of the planning commission to act within 45 days after receipt of property owner's duly submitted application shall constitute approval, and no other evidence of approval shall be needed.

(g)

On matters of new construction or building additions, permits or certificates issued by the planning commission shall become void unless construction is commenced within six months of issuance. Such permits or certificates shall be issued for a period of 18 months and shall be renewable.

(h)

All work performed pursuant to an issued permit or certificate shall conform to the requirements of such certificate. If the work performed is not in accordance with such certificate, the planning commission shall issue a cease and desist order and all work shall cease.

(i)

The city or planning commission shall be authorized to institute any appropriate action or proceeding in a court of competent jurisdiction to prevent any new construction, demolition or building relocation not in compliance with the provisions of this article or to prevent any illegal act or conduct with respect to the designated historic neighborhood.

(j)

On matters of building maintenance, if the planning 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 30 days in which to do this. In the event that the condition is not remedied in 30 days, the owner shall be subject to the noncompliance penalties of this article and, the city may perform such maintenance or repair as is necessary to prevent deterioration of the property by neglect. The owner of the property shall be liable for the cost of such maintenance and repair by the city.

(k)

Additional historic neighborhoods may be designated by amendment to this article, after public hearing.

(Prior Code, app. D, art. 10; Ord. of 12-21-1998)

When, by reason of unusual circumstances, the strict application of any provision of this article would result in an exceptional practical difficulty or undue economic hardship upon any owner of a specific property, the planning 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 historic neighborhood, shall be conserved and substantial justice done. In granting variances, the planning commission may impose such reasonable and additional stipulations and conditions as will, in its judgement, best fulfill the purpose of this article. An undue hardship shall not be a situation of the person's own making.

(Prior Code, app. D, art. 10; Ord. of 12-21-1998)

Any person adversely affected by any determination made by the planning commission relative to the issuance or denial of a permit or certificate may appeal such determination to the city council. Any such appeal must be filed with the city within 15 days after the issuance of the determination or, in the case of a failure of the planning commission to act, within 15 days of the expiration of the 45-day period allowed for the planning commission action. The city council may approve, modify, or reject the determination made by the planning commission, if the city council finds that the planning commission abused its discretion in reaching its decision. Appeals from decisions of the city council of the city may be taken to the county superior court in the manner provided by law for appeals from conviction for the city ordinance violations.

(Prior Code, app. D, art. 10; Ord. of 12-21-1998)

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

(Prior Code, app. D, art. 10; Ord. of 12-21-1998)