Gainesville › Unified Land Development Code
Article 19 — Historic Preservation, Chapter 19-2 — DESIGNATIONS
§ 19-2-1
Generally
(a)The purpose of this Chapter, and other historic preservation related chapters of this Unified Land Development Code, is to establish a uniform procedure for use in providing for the protection, enhancement, perpetuation and use of places, districts, sites, buildings, structures, landscape features and works of art having a special historical, architectural, cultural or aesthetic interest or value. An individual landmark or a group of properties comprising a district may be designated as local historic landmarks and districts, respectively, under the procedures in this Chapter.
(b)The Historic Preservation Overlay and Historic Preservation Overlay Maps, as described in Chapter 7-7 of this Unified Land Development Code, may be amended from time to time to include new or separate, noncontiguous designated historic districts, to modify existing local historic districts, to designate historic landmarks, or for other reason, provided that such amendment conforms to the provisions of this Chapter and O.C.G.A. Section 44-10-26 as applicable.
(c)If an ordinance for designation is being considered, the Governing Body shall have the power to suspend or issue a moratorium on applications for alteration or demolition involving a property or properties under consideration for designation; in which case, no building or demolition permits shall be issued until the final designation status is determined.
§ 19-2-2
Initiation
(a)Local designations for either districts or individual landmarks may be proposed to be established, or to be rescinded, by the Governing Body, the Historic Preservation Commission, or property owner(s). Local designations shall be considered as amendments to the Historic Preservation Overlay as described in Chapter 7-7.
(b)An application for designation shall be accompanied by such drawings, photographs or plans as required by Section 19-2-3, or as may be required by the Director or Historic Preservation Commission. Any applicant wishing to submit an application for a designation request should schedule an appointment with the Department of Community and Economic Development staff in order to review the application for completeness. No such application shall be accepted for processing by the Director unless it meets the requirements of this Chapter. Incomplete or improper applications will be returned to the applicant. The Director is hereby authorized to establish administrative deadlines for the receipt of applications.
§ 19-2-3
Requirements for Submittal
All applications for designations shall at a minimum consist of the following:
(a)Districts
(1)Application form. A completed application submitted to the Department of Community and Economic Development on forms provided by the Department.
(2)Boundary map. Provide a map of the proposed district, showing property boundary lines and the proposed district boundary line as well as streets and street names. This map should include the proposed name of the district. Indicate the historic or common name of each site. Maps can be a copy of the tax map, or the applicant can obtain a map of the general area from the Department of Community and Economic Development upon request and for a fee, if applicable.
(3)List of current property owners and occupants. Provide a list of all current property owners and occupants, including name and mailing address, for the properties to be designated as a district. A paper copy and an electronic copy shall be submitted.
(4)Photographs. Provide a clear set of recent photographs of at least 4” x 6” in size or in a high-resolution digital format. The photographs may be black and white or color. Polaroids will not be accepted. Provide photographs of a structure representative of each architectural style within the proposed district as follows:
i.Provide one photograph of each elevation with text identifying the view (e.g.
“south elevation” or “main entry”).
ii.Provide two perspective photographs (i.e. Photo looking at the front of the structure, including some of the front lawn area and any other unique feature).
iii.Provide additional photographs of garages, outbuildings, historic landscape features including any significant or Champion trees, or other significant features that will aid the visual representation and architectural significance of the district.
iv.Type the following information on a self-adhesive label and attach it to the back of each photograph or typed on a separate attachment: common name of property, street address and tax parcel number, name of photographer, date of photo, and view and direction.
(5)Written statements. On the “Written Statements” form included with the application form provided by the Department (or as typed on a separate attachment), provide detailed information with respect to the significance of the district, description of the proposed district, history of the proposed district, and statement of justification.
(b)Individual landmarks.
(1)Application form. A completed application submitted to the Department of community and Economic Development on forms provided by the Department.
(2)Plat/boundary survey. Provide a plat/boundary survey that is prepared by a registered land surveyor and depicts at a minimum the property boundary lines, all existing structures, and street names.
(3)Legal description. Legal description with the metes and bounds that corresponds with the said plat or boundary survey. A paper copy and an electronic copy in Microsoft Word format of the legal description must be submitted.
(4)Copy of grant deed. Provide a copy of the grant deed which verifies current ownership. Such information should match the information held to be true by the Hall County Tax Assessor’s Office.
(5)Photographs. Provide a clear set of recent photographs of at least 4x6 in size or in a high-resolution digital format, following the guidelines outlined in this Section for district designations.
(6)Written statements. On the “Written Statements” form included with the application form provided by the Department (or as typed on a separate attachment), provide detailed information with respect to the significance of the district, description of the proposed district, history of the proposed district, and statement of justification.
(c)The Director may request information in addition to that specified in this Section when considered necessary for review of the application by the Governing Body or Historic Preservation Commission.
§ 19-2-4
Notice of Public Hearing by Historic Preservation
Commission
(a)Notice in the Newspaper. Before the Governing Body may take final action on a designation application, the Historic Preservation Commission shall hold a public hearing on the proposal. At least 10 days but not more than 20 days prior to the public hearing before the Historic Preservation Commission, notice shall be published at least three times in a newspaper of general circulation within the city. The published notice shall be prepared by the Community and Economic Development Department and shall include a general description of the location(s) to be considered for designation, total acreage, and the date, time, and place of the public hearing before the Historic Preservation Commission.
(b)Notice to Owners and Occupants of Properties Proposed for Designation. At least 10 days but not more than 20 days prior to the public hearing before the Historic Preservation Commission, the Community and Economic Development Department shall mail written notice of the public hearing to all owners and occupants of such properties. Notice sent via the United States Mail to the last-known owner and current occupant of the property shall constitute legal notification to the owner and occupant under this Chapter. The notice shall state the date, time, place and purpose of the hearing by the Historic Preservation Commission.
§ 19-2-5
State Documentation Report; Investigations and Staff
Findings
(a)State Documentation Report. The Director or their designee, on behalf of the Historic Preservation Commission, shall prepare a formal report at least 30 days prior to the Historic Preservation Commission holding a public hearing and making a recommendation on a designation application. Said report, a copy of which shall be provided to the Georgia State Historic Preservation Division of the State Department of Natural Resources, shall be used to educate the community and to provide a permanent record of the designation, and shall consist of the following:
(1)A physical description,
(2)A statement of the historical, architectural, cultural or aesthetic significance,
(3)A map showing district boundaries and classification of individual properties therein in accordance with the criteria outlined in Section 19-2-6, or showing boundaries of individual historic landmarks,
(4)A statement justifying district or individual property boundaries; and
(5)Representative photographs.
(b)Investigations and Staff Findings.
(1)Within a reasonable period of time after acceptance of a complete application, the Director may but shall not be required to send the application or notice thereof out for review by internal municipal departments and external agencies as may be appropriate. Any written comments received in a timely manner as a result of such review shall be submitted for consideration to the Historic Preservation Commission and Governing Body, or summarized in a memorandum. Any such comments shall become public records.
(2)The Director may but shall not be required to investigate and write a report of findings regarding the designation application. Any such investigation and report of findings shall if in writing be made available to the applicant and Historic Preservation Commission prior to its public hearing and shall become public records. Copies of the Director’s report of findings, if provided, shall be available no later than the time of the Historic Preservation Commission’s public hearing on the matter.
§ 19-2-6
Criteria to Consider for Designations
The Director, the Historic Preservation Commission, and Governing Body shall consider the following standards in considering any designation application, giving due weight or priority to those factors that are appropriate to the circumstances of each proposal:
(a)Criteria for selection of historic district.
(1)A historic district is a geographically definable area, which contains structures, sites, works of art or a combination thereof, which:
i.Exhibits a significant historical, architectural, cultural or environmental character or value;
ii.Represents one or more periods, styles or types of architecture typical of one or more eras in the history; and
iii.Constitutes a visibly perceptible section of the municipality or county by reason of above.
(2)Boundaries. Boundaries of a historic district shall be shown on the Official Zoning Map of the City. Boundaries shall be included in the separate ordinances designating local districts; boundaries specified in legal notices shall coincide with the boundaries proposed for designation.
(3)Evaluation of properties within historic districts. Individual properties within districts proposed for designation shall be classified as:
i.Historic: An individual property that is more than 50 years old and contributes to the historic district;
ii.Non historic Contributing: An individual property less than 50 years old that possesses an architectural character which does not contribute nor detract from the district; or that is associated with an event or person of historic or cultural significance; or
iii.Noncontributing: An individual property that is less than 50 years old and does not contribute to the historical character of the district; or
iv.Vacant: An individual property that contains no buildings or other structures.
(b)Criteria for selection of a historic landmark.
(1)A historic landmark is an individual structure, site or work of art, including the adjacent area necessary for the proper appreciation or use thereof, deemed worthy of preservation for one or more of the reasons listed below:
i.It is an outstanding example of a structure representative of an era;
ii.It is one of the few remaining examples of a past architectural style;
iii.It is a site or structure associated with an event or person of historic or cultural significance; or
iv.It is a site of natural, cultural, or aesthetic value that is continuing to contribute to the historical or cultural development and heritage.
(c)Boundaries. Boundaries of a historic landmark shall be shown on the Official Zoning Map of the City.
(d)Evaluation of individual landmarks.
i.It is a historic or non-historic structure that is an outstanding example of a structure representative of an era;
ii.It is a historic or non-historic structure that is one of a few remaining examples of an architectural style characteristic of the community;
iii.It is a structure that is associated with an event or person of historic or cultural significance; or
iv.It is a site of natural, cultural, or aesthetic value that is continuing to contribute to the historical or cultural development and heritage.
§ 19-2-7
Investigations and Staff Findings
(a)Within a reasonable period of time after acceptance of a complete application, the Director may but shall not be required to send the application or notice thereof out for review by internal municipal departments and external agencies as may be appropriate. Any written comments received in a timely manner as a result of such review shall be submitted for consideration to the Historic Preservation Commission and the Governing Body, or summarized in a memorandum. Any such comments shall become public records.
(b)The Director may but shall not be required to investigate and write a report of findings regarding the application for designation. Any such investigation and report of findings shall if in writing be made available to the applicant and Historic Preservation Commission prior to its public hearing and shall become public records. Copies of the Director’s report of findings, if provided, shall be available no later than the time of the Historic Preservation Commission’s public hearing on the matter.
§ 19-2-8
Historic Preservation Commission Hearing and
Recommendation
(a)The Historic Preservation Commission shall convene a public hearing on the designation application as provided in the public notice. The public hearing shall follow policies and procedures which govern calling and conducting public hearings established in Chapter 18-9 of this ULDC.
(b)In rendering a decision on a designation application, the Historic Preservation Commission shall consider all information supplied by the applicant, the Director, and any information presented at the public hearing of the Historic Preservation Commission. A recommendation to approve or deny the proposed ordinance for designation shall be made by the Historic Preservation Commission within 15 days following the public hearing. The Historic Preservation Commission may submit any additional report it deems appropriate. The recommendations of the Historic Preservation Commission shall have an advisory effect only and shall not be binding on the Governing Body.
§ 19-2-9
Notice of Public Hearing by Governing Body
(a)Notice in the Newspaper. At least 10 days but not more than 20 days prior to the public hearing before the Governing Body, notice shall be published at least three times in a newspaper of general circulation within the city. The published notice shall be prepared by the Community and Economic Development Department and shall include a general description of the location(s) to be considered for designation, total acreage, and the date, time, and place of the public hearing before the Governing Body.
(b)Notice to Owners and Occupants of Properties Proposed for Designation. At least 10 days but not more than 20 days prior to the public hearing before the Governing Body, the Community and Economic Development Department shall mail written notice of the public hearing to all owners and occupants of such properties in the form of an action letter stating the action taken by the Historic Preservation Commission. Notice sent via the United States Mail to the last-known owner and current occupant of the property shall constitute legal notification to the owner and occupant under this Chapter. The notice shall state the date, time, place and purpose of the hearing by the Governing Body.
§ 19-2-10
Action by Governing Body and the Designation Ordinance
(a)Following the receipt of the Historic Preservation Commission’s recommendation and a public hearing, the Governing Body may approve the designation application, approve the application with conditions or amendments, deny the application, allow for withdrawal of the application, table the application, or refer the application for designation back to the Historic Preservation Commission for further consideration.
The applicant or the Historic Preservation Commission may appeal the decision made by the Governing Body to adopt or reject the designation ordinance to a court of competent jurisdiction in accordance with Chapter 18-7.
(b)Any ordinance designating a district or individual landmark as historic shall:
(1)Include a description of boundaries for a proposed historic district and a list of properties located therein; or a description of the proposed individual historic landmark;
(2)Set forth the names of the owners of the designated properties;
(3)Require that a Certificate of Appropriateness be obtained from the Historic Preservation Commission prior to any exterior material change in appearance of the designated property; and
(4)Require that the district or landmark be shown on the Official Zoning Map.
§ 19-2-11
Duties of the Director Following Action by Governing Body
(a)Within 30 days immediately following the adoption of the ordinance for designation by the Governing Body, the Director shall notify the owner and occupants of each designated historic property, or individual landmark, of said designation. Said notice shall apprise the owners and occupants of the necessity of obtaining a Certificate of Appropriateness prior to undertaking any work project involving an exterior material change in appearance of a structure or the site.
(b)The Director shall notify all necessary agencies within the City of the ordinance for designation.
§ 19-2-12
Withdrawal
(a)A designation application may be withdrawn at any time at the discretion of the person or entity initiating such a request upon notice to the Director, up until the public hearing by the Historic Preservation Commission is closed, without restriction on the refiling of said designation application.
(b)The application may be withdrawn administratively by the Director at any point during the public hearing process without restriction on the refiling of said designation application, whether or not in the form of a modified version.
§ 19-2-13
Criteria to Consider for Amendments or Renunciation of
Designated Districts or Landmarks
(a)Upon a written application of a party of interest and 30 day written notice to all necessary agencies, the Governing Body may amend or rescind the designation of a historic district or landmark following a public hearing and upon the finding that the district or landmark fails to comply with the designation criteria outlined in Section 19-2-6 of this Chapter.
(b)A request to amend or rescind the historic designation shall follow the procedures outlined in Section 19-2-2 of this Chapter for initiating an application for designation.
The written application shall state why the designated district or landmark fails to comply with the designation criteria; the burden of proof shall be upon the applicant to show that the designation by the Governing Body fails to comply with the designation criteria. The applicant or Historic Preservation Commission may appeal the decision made by the Governing Body to amend or rescind the designation to a court of competent jurisdiction in the manner provided by law.
§ 19-2-14
Incorporation Clause
This Chapter is intended to comply with the provisions of the Georgia Historic Preservation Act, O.C.G.A. § 44-10-20 et. seq., which Act is incorporated by reference in its entirety into this Chapter. Where any provision of this Chapter conflicts with any provision of the Act, the Act shall control. Or where this Chapter is incomplete in having failed to incorporate a provision necessarily required for the implementation of the Act, such provision of the Act, so as to meet the mandate of the Act, shall be fully complied with.