Sec. 16-20.008. Same; types and procedures.
There shall be four (4) types of certificates of appropriateness. When a certificate of appropriateness is required under the provisions of section 16-20.007, general requirements for certificates of appropriateness, or under the regulations of a particular Landmark or Historic Building or Site, or under the regulations of a particular Landmark or Historic District, the following procedures shall govern, according to the type of certificate of appropriateness required to obtain the result(s) desired by the applicant, as follows:
(a)Type I: Certificates of Appropriateness for Ordinary Repairs and Maintenance:
Ordinary repair and maintenance of a Landmark Building or Site, Historic Building or Site, or property located in Landmark or Historic Districts, shall require a type I certificate of appropriateness. Said type I certificates may be approved by the director. Applications for said certificates shall be submitted to the director on forms provided by the director and in accordance with the following requirements.
Those activities which constitute ordinary repair and maintenance include but are not restricted to:
(1)Repair using the same material and design as the original;
(2)Repainting, using the same color;
(3)Reroofing, using the same type and color of material; and
(4)Repair of sidewalks and driveways using the same type and color of materials.
A clear photograph of the building, object or structure to be repaired, a brief description of the intended work, and samples of replacement materials or paint for comparison with the existing building, or structure must be furnished with the application.
Appeals from the decision of the director regarding the issuance of type I certificates may be taken by any aggrieved person by filing with the director a notice of appeal specifying the grounds thereof within five (5) days after the action appealed from was taken. An appeal stays all legal proceedings in furtherance of the action appealed from. The commission shall fix a reasonable time for the hearing of the appeal and give notice thereof as well as due notice to the parties of record in interest. Upon the hearing any party may appear in person or by agent or by an attorney. The commission shall decide the appeal within a reasonable time. An appeal shall be sustained upon an expressed finding by the commission that the director's action was based on an erroneous finding of a material fact, or that the director acted in an arbitrary manner. In exercising its powers the commission may reverse or affirm, wholly or partly, or may remand to the director with discretion.
(b)Type II: Certificates of Appropriateness for Minor Alterations: Minor alterations to Landmark or Historic Buildings or Sites, or buildings or sites within Landmark or Historic Districts, shall require a type II certificate of appropriateness. Said certificate shall be granted according to the following procedures and standards:
(1)Application: Applications shall be filed with the director of the commission on forms which the director shall promulgate for application purposes. All such applications shall be accompanied by detailed plans, designs, photographs, reports and other exhibits required by the director. No application shall be deemed to be filed until it is made on forms promulgated by the director and contains all required supporting plans, designs, photographs, reports and other exhibits required by the director.
(2)Acceptance of applications and timing of hearings: The director shall publish a calendar of the regular meetings of the commission and shall establish reasonable deadlines for the receipt of applications for each such meeting. All applications shall be scheduled for hearing before the commission no later than 30 days after receipt by the director of such application, except where a longer period is established in writing and by mutual agreement of the director and the applicant. The applicant shall be notified of the hearing date at the time the application is filed.
(3)Meetings of the commission: All meetings at which the commission shall consider applications for said certificates of appropriateness shall be held in the City Hall building. The director shall prepare and the commission shall adopt an annual schedule of the regular meeting dates of the commission, which schedule shall be made available to the public on request. The chair of the commission may call special meetings of the commission. However, at any meeting, whether a regular or special meeting of the commission, at which an application for said certificate of appropriateness is to be considered, notice of said meeting shall conform to the notice requirements established by this section.
(4)Notice of hearings: Prior to any meeting of the commission at which an application for a type II certificate of appropriateness shall be considered, the following forms of notice are all required:
a.The director shall mail written notice to the applicant, and the property owner, if different, at least 30 days prior to a hearing at which the commission shall consider said application. Such written notice shall be sent by first class mail and shall contain the date, time, place, and purpose of the hearing which will be held by the commission to consider said application for a certificate of appropriateness.
b.Notice of all applications for certificates of appropriateness shall be published on the official City of Atlanta web site and in a newspaper of general circulation at least 30 days prior to such meeting. Said notice shall state the date, time, place and purpose of said hearing. The notice shall include the loca-tion of the property and the present zoning classification of the property.
c.A sign shall be posted on each property for which an application for certificate of appropriateness is made to the commission. Such sign shall be posted in a conspicuous place on the property, shall be at least six square feet in area, and shall be posted at least one week prior to the meeting of the commission at which the application will be considered. Said sign shall state the date, time, place and purpose of the hearing which will be held by the commission.
(5)Time limit on decision of commission: Decisions of the commission on said applications shall be made within 45 days from the date on which the director receives a complete application from the applicant.
(6)Failure to decide in due form within time limits: Failure by the commission to decide said application within the 45-day time limit described above shall be deemed to be approval of the application for said certificate of appropriateness; and upon request of the applicant, the director, bureau of buildings shall issue any permit dependent upon such application for certificate of appropriateness, if otherwise lawful, and shall record as authorization for such action the provisions of this paragraph.
(7)Testimony: At any meeting at which an application for said certificate of appropriateness is considered, the commission shall provide the applicant, collectively with anyone else speaking in support of the application, no fewer than ten minutes for the presentation of data, evidence, and opinion. Collectively, those speaking in opposition to the application shall also have no fewer than ten minutes for the presentation of data, evidence, and opinion, and such time provided shall be equal to that of the collective duration of time provided to the applicant and those speaking in support of the same application.
(8)Records of meetings and maintenance of files: Records of the proceedings of all meetings of the commission shall be made and maintained as is provided in article D of chapter 6 of part 6 of the Code of Ordinances of the City of Atlanta. Copies of all certificates of appropriateness granted, together with all pertinent exhibits and reports of the commission, shall be maintained by the director. Copies of such documents shall be made available to the director, bureau of buildings as are necessary for the inspection and enforcement of the terms and conditions contained therein.
(9)Decisions: The commission may grant the application for certificate of appropriateness, grant it with specified conditions, or deny it. The applicant shall be deemed to have effective notice of the decision of the commission on the date on which the commission enters such decision. The director shall reduce said decision of the commission to writing and shall include all findings of fact and reasons for approval, conditional approval, or denial of said application. A copy of this written confirmation of the decision of the commission shall be transmitted to the applicant and to the director, bureau of buildings within five working days after such decision is made.
(10)Conditional approval of applications: Where the commission grants conditional approval of an applica-tion for a certificate of appropriateness, the director, bureau of buildings shall issue permits for developments only in strict compliance with such conditions as have been imposed by the commission.
(11)Standards of review: The commission, in reviewing all applications for type II certificates of appropriateness, shall apply the standards specified in section 16-20.009 of the Code of Ordinances. The burden of proof is on the applicant to establish before the commission that the required standards have been met. If the commission finds that said standards are satisfied, after said public hearings, the commission shall issue the appropriate type II certificate of appropriateness conditionally or otherwise. If the commission finds that the applicant has failed to present sufficient evidence that the standards are satisfied, the type II certificate of appropriateness shall be denied.
(c)Type III: Certificates of Appropriateness for Major Alterations: Major alterations to Landmark or Historic Buildings or Sites, or buildings or sites within Landmark or Historic Districts, shall require a type III certificate of appropriateness. Said certificates shall be granted according to the following procedures and standards:
(1)Applications, timing of hearings, meetings of the commission, etc.: Requirements (1), (2), (3), (7), (8), (9) and (10) contained within and required for type II certificates of appropriateness above, subsection (b), shall also be required for all type III certificates of appropriateness, and are hereby incorporated into this subsection.
(2)Notice of hearings: Prior to any meeting of the commission of which an application for a type III Supp. No. 95 certificate of appropriateness shall be considered, the following forms of notice are required:
a.Notice of all applications for certificates of appropriateness shall be published on the official City of Atlanta web site and in a newspaper of general circulation at least 30 days prior to such meeting. Said notice shall state the date, time, place and purpose of said hearing. The notice shall include the location of the property and the present zoning classification of the property.
b.Posting the property: In addition to the published notice above, the director shall cause the property involved in the proposed change to be posted at least 15 days prior to the hearing. Such posting shall be in a conspicuous place on the property by a sign or signs (as provided below) not less than six square feet in area, bearing information as to the time, date and place of the hearing and the nature of the proposed change.
One such sign shall be placed adjacent to each street the property abuts, as described in the application for changes in zoning status, for each 600 feet for which the property abuts such street, provided that not less than one sign shall be erected, that where there are intersections with another street or streets at least one sign shall be placed between such intersections, and that if there is a remainder from multiples of 600 feet, an additional sign shall be erected.
Notwithstanding the above requirements, if the property under consideration does not abut a street and is not a part or parts of property abutting a street, no posting is required. If said property is part or parts of properties abutting a street, posting shall be required above, with the notice indicating the relation of the parts proposed for hearing to the parts abutting streets.
c.Notice by regular mail: The director shall also cause notice of the time, date, place, and purpose of the hearing to be given by regular mail, with mailing at least 30 days prior to the hearing. Such mail shall be addressed to the property owner and to property owners (as ownership and address appears on the tax records of Fulton/DeKalb County) of all property within 300 feet of the property involved in the proposed change.
(3)Time limits on hearings of the commission: Hearings of the commission on type III applications shall be held within 90 days from the date on which the director receives in due form a complete application from the applicant. The commission shall make a decision on said applications within 21 days of the date of the final public hearing held on said application.
(4)Standards of review: The commission, in reviewing all applications for type III certificates of appropriateness, shall apply the standards specified in section 16-20.009 of the Code of Ordinances. The burden of proof is on the applicant to establish before the commission that the required standards have been met. If the commission finds that said standards are satisfied, after said public hear-ings, the commission shall issue the appropriate type III certificate of appropriateness, conditionally or otherwise. If the commission finds that the applicant has failed to present sufficient evidence that the standards are satisfied, the type III certificate of appropriateness shall be denied.
(5)Exemption for condition of unreasonable economic return or public health and safety: In any case in which the commission has denied a type III certificate of appropriateness because of the applicant's failure to meet the standards required in subsection (4) above, the applicant may, within 30 days of the date of said denial, apply to the commission for a condition of unreasonable economic return or public safety exemption. Said application(s) for exemption shall follow all the procedures and standards set forth in subsection (d), governing type IV certificates of appropriateness.
(6)Failure to decide in due form within time limits: Failure of the commission to decide said application within the time limits set forth in subsection (c)(3) shall be deemed to be approval of the application for said certificate of appropriateness, and upon request of the applicant, the director, bureau of buildings shall issue any permit dependent upon such application for certificate of appropriateness, if otherwise lawful, and shall record as authorization for such action the provisions of this paragraph.
(d)Type IV: Demolitions: Demolition of a Landmark Building or Site, a building or site in a Landmark District, or a contributing building or site in an Historic District, constitutes an irreplaceable loss to the quality and character of the City of Atlanta. Therefore, all demolitions of said specified buildings or sites shall require a type IV certificate of appropriateness. Said certificates shall be granted according to the following procedures and standards:
(1)Conditions: Type IV certificates of appropriateness shall be issued by the commission only when one (1) or both of the following two (2) conditions have been established pursuant to the standards and criteria required below:
a.The demolition is required to alleviate a threat to public health and safety; and/or
b.The demolition is required to rectify a condition of unreasonable economic return.
(2)Standards and criteria: The standards and criteria required to be shown in order to establish the existence of the conditions specified in subsection (d)(1) above shall be as follows:
a.Threats to public health and safety: To prove the existence of a threat to public health and safety, the applicant must establish, and the commission must find, the following:
(i)Demonstrate through independent analyses and supporting information that a major and imminent threat to public safety exists;
(ii)Present all reasonable alternatives for rectifying the threat and analysis of all such alternatives; and
(iii)Demonstrate that the costs associated with rectifying the threat would create a condition whereby the investments in the project are incapable of earning a reasonable Supp. No. 95 economic return as described in subsection (d)(2)b below.
b.Unreasonable economic return: To prove the existence of a condition of unreasonable economic return, the applicant must establish, and the commission must find, both of the following:
(i)That the building or site is incapable of earning a reasonable economic return. This finding shall be made by considering, and the applicant shall submit to the commission evidence establishing, each of the following factors:
1.The applicant's knowledge of the landmark designation at the time of acquisition, or whether the property was designated subsequent to acquisition.
2.The current level of economic return on the property as considered in relation to the following:
A.The amount paid for the property, the date of purchase, and party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased.
B.The annual gross and net income, if any, from the property for the previous three (3) years; itemized operating and maintenance expenses for § 16-20.008 Supp. No. 95 the previous three (3) years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period.
C.Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, during the prior three (3) years.
D.Real estate taxes for the previous four (4) years and assessed value of the property according to the two (2) most recent assessed valuations.
E.All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing or ownership of the property.
F.The fair market value of the property immediately prior to is designation and the fair market value of the property (in its protected status as a designated building or site) at the time the application is filed.
G.Form of ownership or operation of the property, whether sole proprietor-ship, for-profit or not-for-profit corporation, limited partnership, joint venture, or both.
H.Any state or federal income tax returns on or relating to the property for the past two (2) years.
3.That the property is not marketable or able to be sold, considered in relation to any listing of the property for sale or rent, price asked, and offers received, if any, within the previous two (2) years, including testimony and relevant documents regarding:
A.Any real estate broker or firm engaged to sell or lease the property.
B.Reasonableness of the price or rent sought by the applicant.
C.Any advertisements placed for the sale or rent of the property.
4.The infeasibility of alternative uses that can earn a reasonable economic return for the property as considered in relation to the following:
A.A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation.
B.Estimate of the cost of the proposed construc-tion, alteration, demoli-tion, or removal, and an estimate of any additional cost that would be incurred to comply with the recommendation and decision of the commis-sion concerning the appropriateness of proposed alterations.
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C.Estimated market value of the property in the current condition; after completion of the proposed construction, alteration, demolition, or removal; and, in the case of a proposed demolition, after renovation of the existing property for continued use.
D.In the case of a proposed demolition, the testimony of an architect, developer, real estate consultant, appraiser, or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property.
E.The infeasibility of new construction around, above or below the existing protected building or site, and the infeasibility of a transfer of development rights, including an assessment of the monetary value that could be derived from such a transfer, pursuant to section 16-28.023 of the Code.
5.Economic incentives and/or funding available to the applicant through federal, state, city or private programs.
(ii)That the applicant has the present intent and the secured financial ability, demonstrated by documentary evidence and by those plans and materi-als which would otherwise be required in order to secure a foundation permit from the bureau of buildings, to replace the Landmark Building or Site with a replacement building, as the term "building" is defined in section 16-29.001 of the Code of Ordinances, which has a total square footage at least equal to the square footage of the footprint of the building or site proposed to be demolished or moved.
(3)Procedures: The following procedures shall be followed for all type IV certificates of appropriateness:
a.Application: Applications for type IV certificates of appropriateness shall be filed with the director of the commission on forms which the director shall promulgate for application purposes.
The applicant shall be required to present documentation and/or other evidence at the time of application on each standard and criteria listed in subsection (d)(2) above sufficient to permit the commission to adequately analyze the application in relation to said standards.
The director shall be required to notify the applicant of any deficiencies in the documentation or other evidence provided. Failure of the applicant to submit said required documentation and/or evidence shall be construed as a failure on the part of the applicant to meet that standard for which the documentation and/or evidence is lacking.
After receipt of a completed application in which all required information is attached, the commission shall make a determination on said application in accordance with the time frames set forth herein.
For type IV applications based upon a purported condition of a threat to public health and safety, a copy of the application and all supporting documents shall be delivered within five (5) days of receipt of a complete application by the director of the commission to the director, bureau of buildings.
The bureau of buildings shall evaluate each such application in accordance with the standards contained in this section and will prepare a written evaluation and report. Said report shall be presented to the commission at or before the commission's initial public hearing on the application.
b.Notice of public hearing: Notice of the public hearings required for type IV certificates shall be as is provided for in subsection (c)(2) above.
c.Hearings on certificates: The commission shall hold an initial public hearing on every type IV certificate of appropriateness application within 45 days of receipt of the completed application required in subsection (3)a above. Such hearing shall be subject to the same testimony requirements set forth in subsection (b)(7)(i) above. Records of the hearing(s) shall be maintained as is required by subsection (b)
above. At said hearing, one of the following procedural courses shall be followed:
(i)For type IV applications based on a condition of a threat to public health and safety, the commission, after hearing from all interested persons, including the bureau of buildings, shall determine whether a certificate shall be granted based upon the standards for said applications set forth in this section.
Said decision shall be made in public within 21 days from the date the commission holds its initial public hearing and shall be made as is required by subsection (b)(9) above.
(ii)For type IV applications based on a condition of unreasonable economic return, the applicant shall have the burden of show-ing that the property in question is incapable of earning a reasonable economic return in the absence of such a demoli-tion in accordance with the standards and criteria set forth in subsection (d)(2)b above. As a part of the showing, the commis-sion shall cause to be established a three-person economic review panel.
Said economic review panel shall be comprised of three (3) real estate and redevelopment experts knowledgeable in real estate economics in general, and more specifi-Supp. No. 95 cally, in the economics of renovation, redevelopment and other aspects of rehabilitation.
The panel shall consist of one (1) person selected by the commission, one (1) person selected by the applicant and one (1) person selected by the first two (2) appointees. If the first two (2) appointees cannot agree on a third person within 30 days of the date of the initial public hearing, the third appointee shall be selected by the commissioner of the department of community development within five (5) days after the expiration of the 30-day period; and the commissioner shall notify the director in writing of his selection.
All of the evidence and documentation presented at the initial public hearing shall be made available to and reviewed by the economic review panel. Further, the commission shall announce at the initial public hearing that further evidence or documentation from any interested party may be made a part of the record by submitting such evidence or documentation to the director by a date certain, and the director shall transmit said materials to the economic review panel. The economic review panel shall convene at its discretion and shall review the evidence of unreason-able economic return in relation to the standards and criteria set forth in subsection (d)(2)b. The economic review panel may, in its discretion, convene a meeting to hear testimony or oral argument by any interested party, provided that notice for such meeting shall be as is provided for in subsection (c)(2) above. Within 45 days after the economic review panel is established, the panel shall complete an evaluation of unreasonable economic return, applying the standards and criteria set forth in subsection (d)(2)b and shall complete and forward a written report on this evaluation to the commission.
At the next regular commission hearing following receipt of the report from the economic review panel, the commission shall reconvene its public hearing to take final action on the application. If, after reviewing all of the evidence, the commission finds that said standards and criteria set forth in subsection (d)(2)b are satisfied, the commission shall issue the appropriate type IV certificate of appropriateness, conditionally or otherwise. If the commission finds that the applicant has failed to present sufficient evidence that the standards and criteria are not satisfied, said certificate shall be denied.
Provided, however, that the commis-sion's decision shall be consistent with the conclu-sions reached in the economic review panel's report unless, based on all of the evidence and documentation presented to the commission, the commission finds by a vote of a three-fourths major-ity of a quorum present that the economic review panel acted in an arbitrary manner, or that their report was based on an erroneous finding of a material fact. Provided, further, however, that if the report of the economic review panel is that an economic hardship exists, then the commission may defer action on the certificate for a period of 90 days while the commis-sion prepares or causes to be prepared a plan to save the building from demoli-tion pursuant to subsec-tion (4) below.
(4)Preservation plan: After a finding by the commission that the conditions for either a threat to public health and safety or an unreasonable economic return have been met, the commission may, within 60 days, prepare or cause to be prepared a plan under which the subject building or site (1) is preserved in a manner to effectuate the purposes of this chapter, and (2) is capable of providing a reasonable economic return to the property owner(s). The plan may include complete or partial tax abatements, tax credits, authority for alteration or construction not inconsistent with the purposes of this chapter and other actions allowable by law.
This plan will be reviewed by the economic review panel to determine if the plan is capable of providing a reasonable economic return. If the commission does not produce a plan within 60 days, the commission shall issue a certificate of appropriateness for demolition. If the commission develops a plan which is judged by the panel as capable of earning a reasonable economic return, the commission may deny the certificate of appropriateness for demolition.
If a plan is developed, but the plan is deemed by the economic review panel as incapable of earning a reasonable economic return, the commission may, within 30 days of the decision of the panel, recommend to the mayor that the city or a willing private buyer acquire a specified appropriate protective interest, including obtaining title or easements in the building or site involved. If, within an additional 15 days, the city does not initiate eminent domain proceedings to obtain ownership of the appropriate protective interest and neither the city nor a private buyer has made a firm offer to enter into a contract with the owner to acquire such interest, the commission shall issue a certificate of appropriateness for demolition. The commission shall also issue a certificate of appropriateness if an offer is forthcoming but is not equal to or greater than the fair market value of the property immediately prior to designation adjusted for inflation between the time of designation and the time of application for a demolition permit.
The owner may reject any offer for purchase. However, the commission may deny a certificate of appropriateness if the owner rejects an offer which is equal to or greater than the fair market value of the property immediately prior to designation adjusted for inflation between the time of designation and the time of application for a demolition permit.
(5)Salvage plan: In connection with any type IV certificate of appropriateness, the commission may prepare and submit to the applicant, at or before the issuance of any said permit, a salvage plan. Said plan may suggest salvage and preservation, for reuse in restoration elsewhere, specified classes of building materials, architectural details and ornaments, fixtures and the like. Also, in connection with any type IV certificate, the commission may require the preservation of trees, shrubs and other landscaping of substantial significance.
(Code 1977, § 16-20.008; Ord. No. 2003-08, §§ 1, 2, 1-28-03; Ord. No. 2023-21(23-O-1201), § 5, 6-29-23)