Gainesville › Unified Land Development Code
Article 19 — Historic Preservation, Chapter 19-3 — CERTIFICATES OF APPROPRIATENESS
§ 19-3-1
Generally
(a)The purpose of this Chapter 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.
(b)After the designation of a historic district or landmark, no material change in the exterior appearance of the structure or the site of such property shall be made, or be permitted to be made by the owner or occupant, until an application for a Certificate of Appropriateness has been submitted to the Community and Economic Development Department and approved by the Historic Preservation Commission for major work projects, or, in the case of minor work projects, by the Director.
§ 19-3-2
Initiation, Issuance and Technical Assistance
(a)Initiation.
(1)An application for a Certificate of Appropriateness for any property or properties locally designated as historic may be initiated by the Governing Body, Historic Preservation Commission, the owner or an occupant of the property, or some other person(s) given authorization by property owner to file said application. An application for a Certificate of Appropriateness shall be accompanied by such drawings, photographs or plans as required by Section 19-3-4, or as may be required by the Director or Historic Preservation Commission.
(2)Any applicant wishing to submit an application for a Certificate of Appropriateness request must schedule an appointment with the Community and Economic Development Department 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.
(b)Issuance.
(1)Alterations and new construction. The Historic Preservation Commission, or the Director in the case of a minor work project, shall issue a Certificate of Appropriateness for alterations or new construction 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.
(2)Demolition or relocation. No demolition or relocation shall be allowed prior to the issuance of a Certificate of Appropriateness. An application for a Certificate of Appropriateness involving demolition or relocation shall be accompanied by both pre- and post demolition (or relocation) plans for review by the Historic Preservation Commission.
(3)Interior alterations. In its review of applications for Certificates of Appropriateness, the Historic Preservation Commission, or the Director in the case of a minor work project, shall not consider the interior design or other use that has no effect on exterior architectural features. This Chapter does apply if the interior revisions materially impact the exterior architectural character.
(c)Technical Assistance. The Historic Preservation Commission may seek technical advice from the Community and Economic Development Department and from outside its members. The Director, in the case of minor work projects, may seek technical advice from the Historic Preservation Commission or outside agencies.
§ 19-3-3
Major Work Projects vs. Minor Work Projects
(a)Major and minor work projects shall be further clarified in the approved design and construction guidelines, but are generally defined as follows:
(1)Major work projects. A major work project involves a change in the appearance of a building, structure or site and is more substantial in nature than routine maintenance or a minor work project.
(2)Minor work projects. A minor work project involves a change that goes beyond ordinary maintenance but does not constitute a significant or character-altering change in the appearance of a building, structure or site.
(b)All Certificates of Appropriateness for major work projects shall be reviewed and approved by the Historic Preservation Commission as contained in this Chapter. All Certificates of Appropriateness for minor work projects shall be administratively reviewed and approved by the Director in accordance with the approved design and construction guidelines and this Ordinance. The Director shall refer minor work projects to the Historic Preservation Commission for review and approval if it is determined that the proposed work project involves alterations, additions, or removals that are substantial, or do not meet the adopted design and construction guidelines, and/or are of a precedent-setting nature.
(c)In those instances where there is no clear determination of what is considered a major work project versus what is considered a minor work project, as further defined in the approved design and construction guidelines, the Director shall have the authority to make the determination.
§ 19-3-4
Requirements for Submittal
Prior to submittal, applicants are encouraged to schedule a conference with the Community and Economic Development Department staff to review the application for completeness. All applications for Certificates of Appropriateness shall at a minimum consist of the following:
(a)Application form. A completed application. All applications shall be submitted to the Community and Economic Development Department on forms provided by the Department.
(b)Application fee. All applications shall be accompanied by a non-refundable fee as fixed from time to time by the Governing Body.
(c)Written description. A written narrative detailing the proposed work project, indicating the reason why the work project is being proposed. Include a description of existing site conditions, an explanation of how such conditions will be changed, an explanation of how the work will be performed, and a description of materials to be used.
(d)Copy of the recorded grant deed. A copy of the recorded grant deed confirming current ownership by applicant or person(s) giving authorization for the application to be made.
(e)Boundary survey/plat. A plat or boundary survey of the property or properties involved in the application.
(f)Photographs. Provide a clear set of 4x6 size recent photographs or high-resolution digital photographs of the existing building(s) and site. The photographs can be black and white, or color. Polaroids will NOT be accepted. Type the following information on a self-adhesive label and attach it to the back of each photograph or on a separate attachment: common name of property, street address and tax parcel number, date of photo, and view/direction.
(g)Architectural drawings.
(1)Additions and new construction. One copy of architectural drawings, sketches, or representative photographs of all elevations must be submitted. Architectural drawings stamped by a registered architect shall be required for an addition or new building exceeding 5,000 square feet in size.
(2)Signs. Provide a scaled, color rendering of new signage or proposed changes to existing signage, indicating the height and structural supports of the sign, the materials, and illumination. On the plat/boundary survey submitted, locate and label any proposed freestanding signage, indicating the distance from the right-of-way.
(3)Fences or walls. Provide a structural plan, sketch, or drawing for any fence or wall, indicating the height, color and materials to be used.
(h)Concept plan and landscape plan. One copy of a scaled size concept plan, indicating the location of new construction or site changes and existing mature and newly proposed trees and other landscaping features, shall be submitted with all applications for a Certificate of Appropriateness. Said plans must be stamped by a registered engineer, land surveyor, or landscape architect if the work project involves an addition or other new construction exceeding 5,000 square feet in size.
(i)Floor plan. One copy of a floor plan for any addition or new construction shall be submitted. Said floor plan must be stamped by a registered architect if the work project involves an addition or other new construction exceeding 5,000 square feet in size, demolition or relocation.
(j)Pre- and post demolition (relocation) plans. Applications involving demolition or relocation shall be accompanied by one copy of both pre- and post demolition (relocation) plans for review by the Historic Preservation Commission. Said plans must be stamped by a registered engineer or land surveyor.
(1)Pre-plans shall indicate the as-built conditions of the site, depicting the existing floor plan, trees and other landscaping, and other site features; and shall include architectural elevations stamped by a registered architect.
(2)Post-plans shall indicate the proposed structural and site changes, including the proposed floor plan, tree and landscape plan, and architectural elevations stamped by a registered architect.
(k)Documentation of earlier historic appearance. Provide written documentation, and drawings or photographs when available, of the earlier historic appearance of a building or structure, or site (Restoration projects only).
(l)Report from certified expert. A report from a certified arborist or forester confirming a mature tree proposed for removal is dead, diseased, or dying (only for a minor work project involving the removal of a dead, diseased or dying tree, or a tree that poses of public safety hazard).
§ 19-3-5
Notice of Public Hearing by the Historic Preservation
Commission Before the Historic Preservation Commission may take final action on a proposed Certificate of Appropriateness application, the Historic Preservation Commission shall hold a public hearing on the proposal. At least 15 days prior to the review of such applications, notice of the hearing shall be given in the following manner:
(a)Published in the local newspaper. The published newspaper notice shall be prepared by the Department of Community and Economic Development and shall include the location of the property, the nature of the proposed work project, and the date, time, and place of the public hearing before the Historic Preservation Commission.
(b)Notice sign. Written upon a notice sign which is to be placed on the subject property by the City at least 15 days prior to the public hearing. The notice sign, which shall state the date, time and place of the public hearing before the Historic Preservation Commission, shall be placed in a conspicuous location along each street frontage of the property for which the Certificate of Appropriateness has been requested. If the property has no street frontage, the sign shall be placed on each street from which access will be gained to the property.
(c)Notice letters. Written notice shall be mailed to the owner and occupant of the subject property and to owners of property or properties located within the locally designated district, or to the owners of property adjoining a locally designated landmark. The notice shall state the date, time, place and purpose of the hearing by the Historic Preservation Commission.
§ 19-3-6
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 in the case of an appeal, 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 a Certificate of Appropriateness. 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.
§ 19-3-7
Criteria to Consider for Certificates of Appropriateness
(a)The Historic Preservation Commission shall issue a Certificate of Appropriateness for alterations or new construction if the proposed plans and specifications conform in design, building materials, placement and orientation, and landscaping as specified in the adopted design and construction guidelines and if the process and procedures specified in this Chapter are complied with. In making this determination, the Historic Preservation Commission shall consider the following, in addition to any other pertinent factors:
(1)The historical, environmental and architectural value and significance;
(2)The architectural style; general design and arrangement, texture and material of the architectural features involved; and
(3)The relationship thereof to the exterior architectural style and pertinent features of other structures located in the immediate vicinity.
(b)No demolition or relocation shall be allowed prior to the issuance of a Certificate of Appropriateness, and the Historic Preservation Commission shall not grant Certificates of Appropriateness for demolition or relocation without reviewing both the pre- and post demolition or relocation plans as part of the application. Upon receipt of an application for a Certificate of Appropriateness for demolition or relocation, the Historic Preservation Commission shall apply the procedures set forth in this Chapter to determine whether to deny the application or issue a Certificate of Appropriateness for demolition or relocation.
§ 19-3-8
Undue Hardship
Where, by reason of unusual circumstances, the strict application of any provision of this Article or other article related to the Historic Preservation Overlay Zone would result in the exceptional practical difficulty or undue hardship upon any owner of a specific designated property, the Historic Preservation Commission has the power to vary strict adherence to the provisions, so as to relieve such difficulty or hardship, provided that such variances or interpretations do not compromise the architectural or historical integrity of the property. An undue hardship shall not be a situation of the person's own making. An undue hardship may be granted only to the extent necessary to alleviate such unnecessary hardship and not as a convenience to the applicant or owner, nor as a way to gain an advantage or interest over similarly designated properties.
(a)To initiate a request for consideration of an undue hardship, the following shall be attached to an application for a Certificate of Appropriateness:
(1)Written narrative. A written narrative explaining the purpose and intent of the request for consideration of an undue hardship, detailing the undue hardship.
(2)Financial Analysis. If the undue hardship involves economic reasons, a financial analysis indicating how compliance with the provisions of this Article and other articles related to the Historic Preservation Overlay imposes an undue economic hardship.
(3)Other. The Historic Preservation Commission shall be authorized to require additional supporting information necessary to consider an undue hardship.
(b)Historic Preservation Commission Action:
(1)An undue hardship may be granted in whole or in part, or with such reasonable stipulations and conditions, in such an individual case of unnecessary hardship upon a finding by the Historic Preservation Commission that strict compliance with such provision will result in an exceptional practical difficulty or undue hardship to the property or owner that is substantially unwarranted by the protection of the public health, safety or general welfare, and the need for consistency among all properties similarly designated.
(2)In no case shall an undue hardship variance be granted by the Historic Preservation Commission for a condition created by the applicant, including the result of an unwise investment decision or real estate transaction
(c)Effect and Duration of Validity:
(1)Acceptance of an undue hardship as part of a Certificate of Appropriateness shall be in full force and effect upon approval of the COA by the Historic Preservation Commission and shall be effective for a period of 18 months. If no action is taken by the applicant to implement the purpose of the COA application within 18 months from the date of approval, said acceptance of the undue hardship shall become null and void.
(2)An undue hardship shall be specific to the Certificate of Appropriateness request made by the current applicant or property owner and shall not stay with the property, as is the case for designation.
§ 19-3-9
Historic Preservation Commission Hearing and Action
The Historic Preservation Commission shall hold a public hearing and act upon all proposed Certificates of Appropriateness referred to it (i.e., excluding minor work projects) within 45 days of receipt of a complete application. The property owner or applicant shall have an opportunity to speak at the public hearing.
(a)Historic Preservation Commission action. The Historic Preservation Commission shall approve the Certificate of Appropriateness as proposed, approve the application with modifications or condition, or deny the request.
(1)Approval. The Historic Preservation Commission shall approve, or approve with modifications or conditions, an application and issue a Certificate of Appropriateness if it finds that the proposed material changes in the exterior appearance of the building, structure or site would not adversely affect the historical, architectural, aesthetic, cultural or environmental character or value of the historic district or individual landmark.
(2)Denial. The Historic Preservation Commission shall deny a Certificate of Appropriateness if it finds that the proposed material changes in exterior appearance of the building, structure or site would adversely affect the historical, architectural, aesthetic, cultural or environmental character or value of the historic district or individual landmark.
(b)Deadline for action. Failure of the Historic Preservation Commission to hold a public hearing and act upon the request within the said 45 days shall constitute approval of the Certificate of Appropriateness.
If the Historic Preservation Commission denies an application for a Certificate of Appropriateness, the Historic Preservation Commission shall state on the public record its reasons for denial. The Director shall mail to the applicant and/or property owner a written action letter, stating the Historic Preservation Commission’s reasons for denial; as well as keep a record of such action and reasons. If the Historic Preservation Commission denies the request for a Certificate of Appropriateness, no building permit shall be issued in those cases in which an exterior material change would require the issuance of a building permit.
§ 19-3-10
Conformance with Certificate of Appropriateness
(a)All work performed pursuant to an issued Certificate of Appropriateness shall conform to the requirements of such certificate. In the event work performed is not in accordance with such certificate, the appropriate City department on behalf of the Historic Preservation Commission shall issue a cease and desist order and all work shall cease.
(b)The Governing Body, or the Historic Preservation Commission upon authorization by the Governing Body, shall be authorized to institute appropriate action in a court of competent jurisdiction in order to: prevent any exterior material change in appearance of a designated historic district or landmark, except those changes made in compliance with the provisions and authority of this Chapter, and to prevent any illegal act with respect to such historic district or landmark.
§ 19-3-11
Notice of Approval and Duration of Validity
(a)Notice of the issuance or denial of a Certificate of Appropriateness shall be sent by United States mail to the owner, occupant and/or applicant. Such notice of approval and the official Certificate of Appropriateness shall be printed on orange colored paper and attached to the building permit, a copy of which shall remain on site during work.
(b)A Certificate of Appropriateness shall expire unless construction is commenced within 6 months of the date of issuance. Certificates of Appropriateness shall be issued for a period of 18 months and are renewable upon a showing of cause.
§ 19-3-12
Appeals
(a)Any person adversely affected by any determination made by the Historic Preservation Commission relative to the issuance or denial of a Certificate of Appropriateness may appeal such determination to the City Council. The Governing Body may approve, modify and approve, or reject the determination made by the Historic Preservation Commission if the Governing Body finds that the Historic Preservation Commission abused its discretion in reaching its decision, or finds that the determination is unfounded by the provisions of this Ordinance and the adopted design and construction guidelines, and/or are contrary to applicable law.
(b)An application for appeal must be filed within 15 days after notification is sent of the Historic Preservation Commission’s determination. The application for appeal shall include the reasons for why the determination or decision is unsupported by the provisions of this Ordinance, the adopted design and construction guidelines, and/or are contrary to applicable law.
(a)Appeals from a decision of the Governing Body shall be made pursuant to this article may be taken to the superior court in the manner provided by law for appeals from a conviction for municipal ordinance violations.
§ 19-3-13
Withdrawal
(a)An application for Certificate of Appropriateness 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 Certificate of Appropriateness application, whether or not in the form of a modified version.
§ 19-3-14
Exemptions
(a)Ordinary maintenance. Nothing in this Article 9-19 shall be construed to prevent the ordinary maintenance or repair, as defined in Section 9-19-1-1, of any exterior architectural feature in or on a historic property, provided that such maintenance or repair does not involve a material change in design, material, or outer appearance thereof; nor shall this Article prevent any property owner from making any use of their property not prohibited by this ULDC or any other laws or regulations.
(b)Department of Transportation. The Georgia Department of Transportation and any of its contractors, including the City of Gainesville and Hall County in performing work funded by the Georgia Department of Transportation, are exempt from the provisions of this Chapter, as provided by the “Georgia Historic Preservation Act” (O.C.G.A. Sec.
44-10-27G).
(c)City of Gainesville. The City of Gainesville is exempt from the requirement of obtaining Certificates of Appropriateness; provided that the Governing Body shall notify the Historic Preservation Commission 45 days prior to an activity that would otherwise require a Certificate of Appropriateness and allow the Historic Preservation Commission an opportunity to comment.
§ 19-3-15
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 is in conflict 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.