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Article 17 — Boards and Commissions, Chapter 17-2 — HISTORIC PRESERVATION COMMISSION

current as of 2025-12-16verified current · checked 2026-08-24Officialofficial source ↗14 sections · full chapter

§ 17-2-1

Definitions

(a)Commission: The Historic Preservation Commission of the City of Gainesville, Georgia.

(b)Designation: A decision by the Governing Body to designate such property or district as a “historic property” or “historic district" and thereafter prohibit all material changes in appearance prior to the issuance of a Certificate of Appropriateness.

(c)Historic district: A geographically definable area as designated by the Governing Body which contains structures, sites, works of art or a combination thereof which exhibit a special historical, architectural, or environmental character.

(1)Exhibit a special character or special historical, architectural, or environmental character, or aesthetic interest or value;

(2)Represent one or more periods or styles of architecture typical of one or more eras in history; and

(3)Cause such area, by reason of such factors, to constitute a visibly perceptible section of the city.

(d)Historic preservation jurisdiction: All properties lying within the municipal limits of the City of Gainesville, Hall County, Georgia.

(e)Historic landmark: An individual structure, site, or work of art , including the adjacent area necessary for the proper appreciation of use thereof, deemed worthy of preservation of its value to the city, county, state or region for one of more of the following reasons:.

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

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

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

(4)It is a site of natural or aesthetic interest that is continuing to contribute to the cultural or historical development and heritage of the city, county, state or region.

§ 17-2-2

Establishment and Continuation

There is hereby created a commission, the title of which shall be "Gainesville Historic Preservation Commission" (hereinafter referred to as the “Historic Preservation Commission”);

which shall be considered a part of the planning functions of the City. The Commission as it existed on the effective date of this Unified Land Development Code shall continue in full force and function.

§ 17-2-3

Appointments, Qualifications, Terms, Vacancies and

Compensation

(a)Appointments. The Preservation Commission shall consist of five voting members appointed by the Governing Body. The Governing Body may also appoint a citizen to serve as an ex-officio, non-voting member who serves in an advisory capacity only.

(b)Qualifications. All members whether voting or ex-officio shall reside within the city limits of Gainesville, and a majority shall be either persons who have demonstrated special interest, experience or education in history, architecture or the preservation of historic resources; or persons who are among professionals in such related disciplines.

(c)Terms of office. Voting members shall serve staggered three-year terms; and may be reappointed. 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.

Historic Preservation Commission members shall serve until their terms expire or until re-appointed or until their successors are appointed. Ex-officio, non-voting members shall serve a one-year term, until their term expires, or until re-appointed or until their successors are appointed.

(d)Vacancies. Should a vacancy exist in the membership, the Historic Preservation Commission shall continue to act with full authority, unless total Commission membership falls below a majority for the five-member board. The Governing Body shall be notified of the vacancy so that an appointment can be made to fill such vacancy for the remainder of the unexpired term.

(e)Compensation. All voting and ex-officio, non-voting members shall serve without compensation.

(f)Mandatory Training: Within one year of initial appointment to the Historic Preservation Commission, the new member shall attend the Historic Preservation Commission Training or comparable training as determined by the Director of Community and Economic Development.

§ 17-2-4

Disqualification and Removal

A member may be removed from the Historic Preservation Commission by a majority vote of the Governing Body for cause, for absenteeism at three successive called or regular meetings or absenteeism at six such meetings in a calendar year, for relocation of his or her permanent residence outside the municipal limits of Gainesville, for violation of the Code of Conduct of the Historic Preservation Commission in the consideration of an application for a Certificate of Appropriateness or other responsibility under this Unified Land Development Code, or for other reasons the Governing Body may deem appropriate.

§ 17-2-5

Rules and Standards

The Historic Preservation Commission, upon holding a public hearing and providing an opportunity for the public to comment, shall adopt rules and standards – including design and construction guidelines – for the transaction of business and for consideration of applications;

and the Commission shall have the flexibility to adopt rules and standards, including design and construction guidelines, without amendment to this Unified Land Development Code.

§ 17-2-6

Meetings

The Historic Preservation Commission shall provide for the time and place of regular meetings and a method for the calling of special meetings. The latest edition of Robert’s Rules of Order shall determine the order of business.

§ 17-2-7

Quorum

A quorum shall consist of a majority of the voting members. Should a vacancy exist in the membership, the Historic Preservation Commission shall continue to act with full authority, unless the number of voting members falls below the majority of members or quorum.

§ 17-2-8

Officers

(a)The Historic Preservation Commission shall select a Chairperson and Vice Chairperson.

(b)The Chairperson shall be elected by the members of the Historic Preservation Commission from among their membership for a one-year term; elections shall be held annually at the first regularly scheduled meeting in July or at the next regular meeting thereafter. The Chairperson shall decide all points of order and procedure, subject to these bylaws and the latest edition of Robert’s Rules of Order.

(c)The Vice Chairperson also shall be elected by the members of the Historic Preservation Commission from among their membership in the same manner as the Chairperson and shall be eligible for re-election. The Vice Chairperson shall serve as Acting Chairperson in the absence of the Chairperson, or when the Chairperson shall refrain from participation due to a conflict of interest, and shall have the same powers and duties as the Chairperson. Upon resignation or disqualification of the Chairperson, the Vice Chairperson shall assume the chairmanship for the remainder of the unexpired term. The Historic Preservation Commission shall elect a new Vice Chairperson at its next regular meeting.

§ 17-2-9

Voting

All Historic Preservation Commission members attending a meeting shall vote on each matter placed before it. A member may abstain from voting only in the instance of a conflict of interest, the nature of which must be stated for the record following the procedures outlined in Section 17-2-10 below.

§ 17-2-10

Conflicts of Interest

No member shall participate in the consideration of or cast a vote on any issue before the Preservation Commission which involves an ownership, financial or professional interest of that individual or an organization in which that member has an ownership, financial or professional interest or position, or represents. No member shall participate in the consideration of or cast a vote on any matter which provides or could provide financial or professional benefit to that member. When a conflict of interest or the appearance of a conflict of interest arises, the following actions shall be taken:

(a)The individual member shall divulge in a brief statement on the public record the existence of and reasons for the potential conflict and abstain from voting.

(b)The affected member shall not present, vote or discuss the project other than answer a direct question.

§ 17-2-11

Secretary and Records of Proceedings

A public record shall be kept of the Historic Preservation Commission's resolutions, proceedings and actions. The Director of Community and Economic Development, or their designee, shall serve as secretary to the Historic Preservation Commission. The secretary shall cause summary minutes of its proceedings to be kept, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact, and shall cause records of its examinations and other official actions to be kept in recorded form, all of which shall be of public record.

§ 17-2-12

Dissemination and Posting of Actions

The results of each Historic Preservation Commission meeting as to their actions and recommendations shall be forwarded by the Director of Community and Economic Development or his or her designee to the Governing Body, and they shall be posted in a public place at the Department of Community and Economic Department for a period of at least two weeks following the Historic Preservation Commission meeting.

§ 17-2-13

Powers, Duties and Responsibilities

(a)The Historic Preservation Commission shall have the powers, duties and responsibilities enumerated in this Section. The Community and Economic Development Department may assist the Historic Preservation Commission in fulfilling its powers, duties and responsibilities listed below, and to that end the Commission may delegate such powers, duties and responsibilities to the Community and Economic Department or consultant if one is retained.

(1)Prepare and maintain an inventory of all property within the historic preservation jurisdiction having the potential for designation as historic, or work with the Community and Economic Development Department staff, and outside consultant if services of one are retained, to prepare and maintain said inventory;

(2)Recommend to the Governing Body specific places, districts, sites, buildings, structures, or works of art to be designated by ordinance as historic;

(3)Review applications for Certificates of Appropriateness, and grant or deny such applications in accordance with the provisions of Chapter 19-3 of this Unified Land Development Code;

(4)Recommend to the Governing Body that the designation of any place, site, building, structure, or work of art as historic be revoked or removed, in accordance with the provisions of Chapter 19-2 of this Unified Land Development Code;

(5)Restore or preserve any historic properties acquired by the City;

(6)Promote the acquisition by the City of facade and conservation easements in accordance with the provisions of the "Georgia Uniform Conservation Easement Act" (O.C.G.A. Section 44 10 1 et seq.);

(7)Conduct educational programs on historic properties located within the historic preservation jurisdiction, or ask the Community and Economic Development Department staff to assist in conducting said educational programs;

(8)Make such investigations and studies of matters relating to historic preservation as the Governing Body deems necessary or appropriate, including consultation with historic preservation experts;

(9)Seek out state and federal funds for historic preservation and make recommendations to the Governing Body concerning the most appropriate use of any funds acquired;

(10)Consult with historic preservation experts in the Georgia Historic Preservation Division or its successor and the Georgia Trust for Historic Preservation, Inc.;

(11)Submit to the Georgia Historic Preservation Division or its successor a list of historic properties or historic districts designated as such;

(12)Review and make comments to the Historic Preservation Division concerning the nomination of properties within the City to the National Register of Historic Places;

(13)Participate in private, state, and federal historic preservation programs and with the consent of the governing body, enter into agreements to do the same;

(14)Perform historic preservation activities as the official agency of the City’s historic preservation program; and

(15)Monitor the condition of designated historic properties and individual structures, sites or works of art located within a designated historic district to determine if a property is being allowed to deteriorate by neglect, and to fulfill its charges with regard to deterioration by neglect as assigned to it by this Unified Land Development Code.

(b)The following powers, duties, and responsibilities shall be delegated specifically to the Community and Economic Department staff to perform on behalf of the Historic Preservation Commission:

(1)The Director of Community and Economic Development, upon approval by the Governing Body and upon recommendation by and on behalf of the Historic Preservation Commission, shall have the authority to accept donations and may expend such finds (and keep records) consistent with historic preservation purposes and objectives, and shall ensure that these funds do not displace appropriated governmental funds if applicable;

(2)Make such investigations and studies of matters relating to historic preservation, including consultation with historic preservation experts;

(3)Conduct educational programs on historic properties located within the historic preservation jurisdiction;

(4)Seek out state and federal funds for historic preservation and make recommendations to the Governing Body concerning the most appropriate uses of any funds acquired;

(5)Submit to the Historic Preservation Section of the State Department of Natural Resources, or its successor, a list of historic districts and properties designated;

(6)Review and make comments, integrating the written statement of the Historic Preservation Commission, to the Historic Preservation Division of the State Department of Natural Resources concerning the nomination of properties within its jurisdiction to the National Register of Historic Places;

(7)Retain the services of an outside consultant or expert to carry out various functions, duties, or responsibilities of the Historic Preservation Commission;

(8)Receive donations, grants, funds or gifts of historic property, and to acquire or sell historic properties upon approval of the Governing Body; and

(9)Enter negotiations with the owner for the acquisition by gift, purchase, exchange or otherwise of property upon approval of the Governing Body.

§ 17-2-14

Limitation on Powers

The Historic Preservation Commission shall not have the power to obligate the city in any way without the concurrence of the Director of Community and Economic Development and prior approval of the Governing Body.