§ 5-254. Certificate of appropriateness.

(a)

Approval of material change in appearance in historic district or involving historic properties. 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 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 Commission. Such application shall be accompanied by such drawings, photographs, or plans as may be required by the Commission.

(b)

Submission of plans to Commission. An application for a certificate of appropriateness shall be accompanied by drawings, photographs, plans and documentation required by the Commission, as further set forth on the application for certificate of appropriateness.

(c)

Interior alterations. 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)

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

(e)

Public hearings on applications for certificates of appropriateness. Prior to reviewing an application for a certificate of appropriateness, the 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 heard. In cases where the Commission deems it necessary, it may hold a public hearing concerning the application. Notice of the hearing shall be published in the principal newspaper of local circulation and written notice of the hearing shall be mailed by the Commission to all owners and published notice shall be provided in the same manner and time frame as notices are provided before a public hearing for rezoning. The Commission shall give the property owner and/or applicant an opportunity to be heard at the certificate of appropriateness hearing.

(f)

Acceptable Commission reaction to applications for certificate of appropriateness. The Commission may approve the certificate of appropriateness as proposed, approve the certificate of appropriateness with any modifications it deems necessary, or reject it. The Commission shall approve the application and issue a certificate of appropriateness if it finds that the proposed material change(s) in appearance would not have a substantial adverse effect on the aesthetic, historic, or architectural significance and value of the historic property or the historic district. 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. In making this determination, the Commission shall consider, in addition to any other pertinent factors, the following criteria for each of the following acts:

(1)

Reconstruction, alteration, new construction or renovation. The Commission shall issue certificates of appropriateness for the above proposed actions if those actions conform in design, scale, building material, setback and landscaping as further specified in the design guidelines for the City, and to the Secretary of the Interior's standards for rehabilitation and guidelines for rehabilitating historic buildings.

(2)

Relocation. A decision by the Commission approving or denying a certificate of appropriateness for the relocation of a building, structure, or object shall be guided by:

a.

The historic character and aesthetic interest the building, structure or object contributes to its present setting;

b.

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

c.

Whether the building, structure or object can be moved without significant damage to its physical integrity;

d.

Whether the proposed relocation area is compatible with the historical and architectural character of the building, structure, site, work of art or other object.

(3)

Demolition. A decision by the Commission approving or denying a certificate of appropriateness for the demolition of buildings, structures, sites, or objects shall be guided by:

a.

The historic, scenic or architectural significance of the building, structure, site, or object;

b.

The importance of the building, structure, site, or object to the ambiance of a district;

c.

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

d.

Whether the building, structure, site, or object is one of the last remaining examples of its kind in the neighborhood or the County;

e.

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

f.

Whether reasonable measures can be taken to save the building, structure, site, or object from collapse;

g.

Whether the building, structure, site, or object is capable of earning reasonable economic return on its value.

(g)

Undue hardship. 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.

(h)

Deadline for approval or rejection of application for certificate of appropriateness. 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. Notice of the issuance or denial of a certificate of appropriateness shall be sent by United States mail to the applicant and all other persons who have requested such notice in writing filed with the Commission. Failure of the Commission to act within such 45 days shall constitute approval, and no other evidence of approval shall be needed.

(i)

Action to be taken by Commission upon rejection of application. 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 alternative courses of action it thinks proper if it disapproves of the application submitted. The applicant, if he so desires, may make modifications to the plans and may resubmit the application at any time after doing so. 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 of appropriateness by the Commission shall be binding upon the Building Inspector or other administrative officer charged with issuing building permits and, in such a case, no building permit shall be issued.

(j)

Requirement of conformance with certificate of appropriateness. All work performed pursuant to an issued certificate of appropriateness shall conform to the requirements of such certificate. The City Council 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 appearance of a designated historic property or historic district, except those changes made in compliance with the provisions of this article, or to prevent any illegal act or conduct with respect to such historic property or historic district.

(k)

Certificate of appropriateness void if construction not commenced. A certificate of appropriateness shall become void unless work requested pursuant to such certificate is commenced within six months of date of issuance. Certificates of appropriateness shall be issued for a period of 18 months and are renewable. In the event such work requires a building permit, such work shall be deemed to have commenced on the date of issuance of such permit.

(l)

Exemptions. The State Department of Transportation and any contractors, including cities and counties, performing work funded by the State Department of Transportation are exempt from this article. Additionally, the City is exempt from the requirement of obtaining certificates of appropriateness; provided, however, that the City 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.

(m)

Recording of applications for certificate of appropriateness. The Commission shall keep a public record of all applications for certificates of appropriateness, and of all the Commission's proceedings in connection with such application, such applications to be maintained in the office of the Community Development Department.

(n)

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, of the property or any interest therein, such negotiations to be ratified by the City Council.

(o)

Appeals. Any person adversely affected by any determination made by the Commission relative to the issuance or denial of a certificate of appropriateness may appeal such determination to the City Council in whose historic preservation jurisdiction the property in question is located; and such City Council may approve, modify and approve, or reject the determination made by the Commission if the City Council finds that the Commission abused its discretion in reaching its decision. The ordinances adopted in conformity with O.C.G.A. § 44-10-26 shall specify the procedures for the review of decisions of the Commission by the City Council involved. Appeals from decisions of the City Council made pursuant to this article may be taken to the Superior Court in the manner provided by law for appeals from a conviction for City or County ordinance violations.

(Code 1978, § 2-269; Ord. No. 1996-03, § V, 5-2-1996)

State law reference

Certificate of appropriateness, O.C.G.A. § 44-10-27 et seq.