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Article 7 — Overlay Districts, Chapter 7-7 — HISTORIC PRESERVATION OVERLAY

current as of 2025-12-16verified current · checked 2026-08-24Officialofficial source ↗9 sections · full chapter

§ 7-7-1

Purpose and Intent

The historical, cultural and aesthetic heritage of the City of Gainesville is among its valued and important assets, and the preservation of this heritage is essential to the promotion of the health, prosperity and general welfare of the people . The purpose of this overlay 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; and is intended:

(a)To stimulate revitalization and preservation of the business districts and historic neighborhoods and to protect and enhance local historic and aesthetic attractions to tourists;

(b)To promote and stimulate business and economic progress through heritage tourism;

(c)To enhance the opportunities for federal and state tax benefits under relevant provisions of federal or state law; and

(d)To provide for the designation, protection, preservation, rehabilitation and restoration of historic districts and properties; and to participate in federal or state programs to accomplish the same.

§ 7-7-2

Definitions

Designation. A decision by the Governing Body pursuant to Chapter 19-2 of this Unified Land Development Code to designate a district or property as "historic" and thereafter prohibit all material changes in appearance prior to the issuance of a Certificate of Appropriateness pursuant to Chapter 19-3 of this Unified Land Development Code.

Historic district. A geographically definable area, which contains structures, sites, works of art or a combination thereof which is designated as historic pursuant to this Chapter and Chapter 19-2 of this Unified Land Development Code, and which:

(a)Exhibits unique character or significant historical, architectural, cultural, aesthetic or environmental interest or value;

(b)Represents one or more periods, styles or types of architecture typical of one or more eras in the history of the city, county, state or region; and

(c)Constitutes a visibly perceptible section of the municipality or county by reason of the above.

Historic landmark. An individual structure, site or work of art, including the adjacent area necessary for the proper appreciation or use thereof, which is designated as historic pursuant to this Chapter and Chapter 19-2 of this Unified Land Development Code, and which is deemed worthy of preservation for one or more of the reasons listed below:

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

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

(c)It is a site or structure associated with an event or person of historic or cultural significance; or

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

Site. The location of a significant event; a prehistoric or historical activity; or a structure, whether standing, ruined, or vanished; where the location itself maintains historical, cultural or archaeological value regardless of the value of any existing structure.

§ 7-7-3

Significance, Boundaries and Maps

The Historic Preservation Overlay is hereby designated. It shall consist of the land areas further delineated and defined on the Historic Preservation Overlay Maps for each designated district and individual landmark as adopted as part of the official designation ordinance on file with the City Clerk. The Historic Preservation Overlay maps are hereby considered to be a part of the Official Zoning Map of the City of Gainesville and this Chapter by reference.

The following subsections include a description of the physical boundaries and a statement of significance for all designated local historic districts and individual landmarks falling within the Historic Preservation Overlay. Furthermore, in accordance with O.C.G.A. 44-10-26, a list of all property owners, a legal description and map, and the provision for requiring a Certificate of Appropriateness be obtained prior to making a material change in the exterior appearance –whether regarding a district or an individual landmark – shall be made a part of the official designation ordinance which is kept on file in the office of the City Clerk.

(a)Big Bear Café Individual Landmark.

(1)Significance.

i.The subject property, which contains three historic buildings, is located on Main Street within the Midland area of Gainesville, which is one of the oldest sections of Gainesville and has long since been a transitional area. The Big Bear Café landmark contains one of the first permanent commercial buildings constructed along Main Street in the Midland area, and as such, contributed to Gainesville’s community planning efforts.

ii.The building was constructed around the turn of the twentieth century, between 1900 and 1930. This building was constructed of local brick of poor quality and shaped as a parallelogram to face Main Street at an angle, thereby creating an architectural effect that is distinctive. The building has housed various cafes and barber shops over time; such uses were particularly vibrant during World Wars I and II. The adjacent building, which housed The Big Bear Café, is an identical brick building that was constructed in 1936, a few months after the devastating tornado of April 6, 1936. As with the first building, the parallelogram shape of the building creates an optical illusion that makes Main Street appear to angle toward the right, and like the first, this second building consisted of two sides – the upper side held a café while the lower side next to the alleyway contained a butcher shop. The café was operated by Mr. G. C. Barron as one of the most colorful and exciting establishments on the main line of the Southern Railroad, which connected through major cities between New York and New Orleans. Because Mr.

Barron had a black bear in a cage behind the café, local folks referred to the café as The Big Bear, and although Mr. Barron did not like the name he used it since it apparently was good for business. The third building, a large metal warehouse of approximately 4,900 square feet in size, was built by the Chambers Lumber Company in 1950 to store mantles, doors, windows, and fine millwork. In 1997, a small group of local artists worked with the owner to create an art studio within the building.

iii.In summary, the one-story brick, parallelogram buildings are typical commercial buildings from the turn of the twentieth century that are plain with commercial hardware characteristic of the period. The obtuse angles, creating the parallelogram shape, required custom fit for practically all of the structural elements and most of the interior finish as well.

(2)Boundaries.

i.The subject property is bounded by Main Street, Bradford Street, a spur track of the CSX Railroad (formerly Gainesville-Midland Railroad) which is no longer in use and property of the Norfolk Southern Railroad. More specifically, the boundary of the local historic landmark follows the property lines of the subject tract as described in the recorded deed and as shown on a recorded plat.

(b)Harper Smith House

(1)Significance.

i.The subject property is located in and is part of a larger residential neighborhood located southeast of the Downtown Square along the Norfolk-Southern Railroad and near an industrial area. This area of Gainesville is the historic African American community that includes Newtown and Fair Street School and was part of the City’s Urban Renewal initiative in the 1970s. More specifically, it is located on the historically important Athens Street, which once was a thriving street with a number of businesses, like the Roxy Theater, that were lost when buildings were demolished to accommodate the widening of Athens Street during Urban Renewal. The area has been traditionally known as the “Athens Street Area” or the “Fair Street Community”, “New Town” or “Newtown”, or the “Miller Park Community”.

ii.The principal structure located on the property was home to Dr. William H.

Harper, a prominent African American educator and the first African American principal in Gainesville. Dr. Harper, who was known as a strict disciplinarian, served as the principal of the Summer Hill and Fair Street schools and was instrumental in educating Gainesville’s African American students, creating opportunities for those students to attend college. This is especially significant given the deep roots of racial segregation and discrimination in Gainesville and throughout the state. Dr. Harper’s home was a haven for African American students who were given food and support and encouraged to expand their educational boundaries. Similarly, Dr. Harper opened his home to other African American educators traveling through Gainesville. Born in 1880, Dr. Harper died in 1945 at the age of 64. He is still revered as an important pioneer in the education of African American children in Gainesville.

iii.After his tenure with Gainesville City Schools, Dr. Harper sold the home to Mr.

and Mrs. Enoch (Latrelle) Smith, who were faithful members of the Bethel African Methodist Episcopal (A.M.E.) Church. As members of the church, Mr.

Smith served as a Sunday school teacher while Mrs. Smith was a Missionary President and member of the Stewardship Board. Upon their passing, the Smiths willed the property to the church.

iv.Architecturally the principal structure on the property is of no academic style but has been documented as a New South cottage house-type. According to the Phase III structural survey, the main house was constructed in 1930 and remains largely intact despite some cosmetic alterations, which include the enclosure of a front porch and the application of brick veneer to what was likely a wood exterior.

(2)Boundaries.

i.All that tract or parcel lying and being in Land Lot 149 of the 9th District of Gainesville (G. M. D. 411), Hall County, Georgia, and more particularly described as follows:

Commencing at a point located at the northeast corner of the intersection of Athens Street and Martin Luther King, Jr. Boulevard, thence east along Athens Street for about 223+ feet to a point that is the southeastern corner of the subject tract (a/k/a 817 Athens Street) – which is the TRUE POINT OF BEGINNING.

Thence, leaving the right-of-way of Athens Street, go eastward for 185+ feet following the property line common to Bethel A.M.E. Church, Newman West, Tammy Brannon and Eugene Summerour. Then, proceed northward following the property line common to Bethel A.M.E. Church and L.G.

Greenlee Estate for 100+ feet and then westward following the lot line of the subject tract common to Nathaniel Shelton and Britton Hulsey for 185+ feet to the right-of-way of Athens Street. Then, follow the right-of-way of Athens Street southward for 100+ feet to the TRUE POINT OF BEGINNING.

Said Individual Property contains a 0.42+ acre tract, more or less.

Property Address: 817 Athens Street, SE.

(c)Ridgewood Neighborhood Local Historic District.

(1)Significance.

i.The Ridgewood Neighborhood Local Historic District serves as a bridge between the Green Street historic area and the Rock Creek, Ivey Terrace and the Wilshire parks. This area, which is a traditional residential neighborhood with sidewalks on either side of the street, is located within one of the oldest residential neighborhoods in Gainesville. A majority of the structures located in the district were built between 1910 and 1954, most of which were constructed in the 1930s with brick, asbestos siding, or wood exteriors; the most recent structure was built in 1987. Within the historic district is a small park, which is called the H. H. Dean Memorial Park in memory of the developer who originally owned much of the property within this neighborhood. The land for the park was given by H. H. Dean to the Northside Garden Club in the 1930s at a time when much of the H. H. Dean Estate was subdivided to create the Ridgewood neighborhood area.

ii.The structures located within the district are representative of the type of historic residential architecture found in many of Georgia’s towns and cities as well as reflect the prevailing national principles and practices of architecture of this time. Architecturally, the district contains outstanding examples of Craftsman, Victorian, and English Tudor style houses, including one-story and two-story designs. Many of the structures contain much of their original fabric – including plaster walls, wood windows, and exterior building materials – but many have been renovated and altered since their original construction.

iii.The Ridgewood Neighborhood Local Historic District contains within its boundaries a high concentration of intact historic residential structures that reflect architectural styles and building types found throughout the early and mid-twentieth century. The structures located within the Ridgewood Neighborhood historic district together depict an era of architectural and historical character and are reflective of the social and cultural development of Gainesville. Moreover, the historic district represents a major period in the development of Gainesville.

iv.The structures within the district are identified on the map contained in this section as historic or noncontributing; whereas, those properties that are currently vacant of any structures are labeled as such. The district complies with all three of the criteria for selection of a historic district, as listed in Section 9-19-2-6(a)(1) of the Gainesville Unified Land Development Code (a/k/a Historic Preservation Ordinance).

(2)Boundaries.

i.The Ridgewood Neighborhood Local Historic District, which consists of predominantly single-family dwellings, is located north of the Central Business District along Ridgewood Avenue and includes 52 contiguous parcels situated along Ridgewood Avenue, Denton Drive and Bradford Street, as more specifically shown on the Ridgewood Neighborhood Local Historic District map, which is hereby incorporated as a part of this section.

(d)Green Steet Local Historic District.

(1)Significance.

i.This area of Green Street (a.k.a. North Green Street), which is comprised of various office and commercial uses, was originally a Native American trail and wagon road to North Georgia. During the 1820’s, with the discovery of gold in North Georgia, Gainesville became a trading center for gold mines, taverns, and agricultural products; and stores and offices were erected downtown. Following this initial development, Gainesville experienced little growth after the gold rush. After 1870, following the extension of the railroad to Gainesville, North Green Street became the prime residential district as the more affluent and leading business families began constructing residential dwellings along North Green Street. A streetcar track with horse-drawn carts was constructed in the late 1880’s, extending from the railroad depot to various parts of the city – including North Green Street. In 1903, the streetcar was electrified.

ii.Green Street, which was an important transportation route to the mining regions of north Georgia, is a four-lane state highway that bisects the Green Street Local Historic District and is lined on both sides with some of Gainesville’s largest, oldest and most architecturally distinctive houses situated on large lots. Structures in the district date from the 1880s to the 1930s, although some were constructed later and are non-historic in nature.

Many are one and one-half stories in height with a few having two and one-half stories. A majority of the structures are wood framed with clapboard siding, while a few are constructed of brick veneer or consist of synthetic siding added at a later date. Many of the structures, which were built by locally prominent architects and builders including John Cherry and E. Levi Prater, served as residences for some of Gainesville’s important professionals and businessmen, educators, and politicians. Historically, the Green Street Local Historic District reflects prosperity of the agricultural and mining industries in the Gainesville area and is known to visitors as one of the outstanding residential neighborhoods in Gainesville.

iii.The Green Street Local Historic District contains a high concentration of intact, historic residential structures that reflect architectural styles and building types found throughout the late 19th and early 20th centuries.

Moreover, the structures located within the district depict an era of architectural and historical character and are reflective of the social and cultural development of Gainesville. Architecturally, the Green Street Local Historic District contains notable examples of Victorian and Neoclassical Revival houses dating from the turn of the 19th century. The district also contains various architectural styles such as Colonial Revival, Folk Victorian, English Vernacular Revival, early Classic Revival and Italian Renaissance.

There are several late-Victorian structures located in the district, including the Smith-Palmer-Estes House which has Queen Anne massing and intricate Eastlake porch detailing. The district also contains an excellent collection of high-style Neoclassical structures with a variety of monumental one- and two-story porticos. While several large trees and residential structures have been removed or demolished since the initial National Register of Historic Places listing in 1975 the architecture and landscaping are relatively unchanged, and as such the district has retained the historic integrity which prompted its recognition as a historically significant area.

(2)Boundaries.

i.The boundaries of the Green Street Local Historic District closely follow the boundary of the Green Street Historic District as listed in the National Register of Historic Places in 1975 and predominantly encompass properties fronting Green Street. This area was included in an updated National Register nomination in 1985, which combined the existing 1975 Green Street and 1978 Brenau College National Register Historic Districts along with adjacent historic neighborhoods to create one comprehensive district: the Green Street-Brenau-Green Street Circle Historic District.

§ 7-7-4

Amendments to the Historic Preservation Overlay

(a)Local designations for either districts or individual landmarks may be proposed to be established or proposed to be rescinded by the Governing Body, the Historic Preservation Commission, or property owner. Local designations shall be considered as amendments to the Historic Preservation Overlay.

(b)The Historic Preservation Overlay and Historic Preservation Overlay Maps 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 Chapter 19-2 and O.C.G.A. Section 44-10-26, as applicable. The process, procedural requirements, and criteria for considering an application for designation are specified in Chapter 19-2 of this Unified Land Development Code.

(c)In order to amend the Historic Preservation Overlay, the description of the physical boundaries, the statement of significance, and boundary map pertaining to a designation ordinance shall be incorporated into this Ordinance under Section 7-7-3.

§ 7-7-5

Use Restrictions

All uses permitted by right or as a Special Use by the underlying zoning district shall be similarly permitted under the Historic Preservation Overlay, and the underlying zoning district use provisions of this Unified Land Development Code shall remain in effect unless modified.

§ 7-7-6

Affirmation of Building Regulations and Design Guidelines

Nothing in this chapter shall be construed as to exempt property owners or occupants from complying with applicable building codes, nor to prevent any property owner or occupant from making any use of the property not prohibited by other statutes, ordinances, or regulations.

Design and Construction Guidelines, which are standards for evaluating proposed material changes to structures located within the Historic Preservation Overlay, are intended to offer guidance to owners and occupants, architects, developers and other individuals contemplating restoration, remodeling or new construction on how to maintain the architectural integrity of the structure and district as a whole. The design and construction guidelines adopted by the Historic Preservation Commission shall remain in effect and may be amended by the Historic Preservation Commission without the need to amend this Chapter. Nothing in this Chapter shall be construed as to exempt property owners and occupants from complying with applicable design and construction guidelines even though such guidelines are not law.

§ 7-7-7

Requirement for a Certificate of Appropriateness

This Chapter and other Chapters of this Unified Land Development Code related to historic preservation shall pertain to the exterior material appearance of a building, structure, work of art, and site as a whole, or a combination thereof. Upon designation and inclusion of a district or individual landmark within the Historic Preservation Overlay, a Certificate of Appropriateness shall be obtained from the Gainesville Historic Preservation Commission, or from the Department of Community and Economic Development for minor work projects, prior to any material change in the exterior appearance of a structure or site.

The process and criteria for considering an application for a Certificate of Appropriateness are specified in Chapter 19-3 of this Unified Land Development Code. That Chapter includes procedural requirements for obtaining a Certificate of Appropriateness.

§ 7-7-8

Maintenance of Historic Properties

(a)Ordinary Maintenance and Repair. Ordinary maintenance or repair of any exterior architectural feature in or on a historic property to correct deterioration, decay or damage; or to sustain the existing form; and that does not involve a material change in design, material or exterior appearance, does not require a Certificate of Appropriateness. However, this provision does not exclude ordinary maintenance and repair work from the requirement of obtaining any necessary applicable building permits.

(b)Failure to provide ordinary maintenance. Property owners of individual properties within a designated historic district or of designated historic landmarks shall not allow their buildings to deteriorate by failing to provide ordinary maintenance or repair. The Historic Preservation Commission shall be charged with the following responsibilities regarding deterioration by neglect:

(1)Notice to owner to remedy. If the Historic Preservation Commission determines a property owner has failed to provide ordinary maintenance or repair (including but not limited to damaged windows, doors, siding, foundation or roof structure) the Historic Preservation Commission shall notify the property owner and set forth the steps which need to be taken to remedy the situation. The property owner shall have 180 days in which to resolve the situation.

(2)Failure by owner to remedy. If the condition is not remedied within 180 days, the owner shall be subject to the enforcement provisions as specified in Chapter 20-2 of this Unified Land Development Code, or:

i.Upon authorization and at the direction of the Governing Body, the Historic Preservation Commission may perform such maintenance or repair as is necessary to prevent deterioration by neglect.

A.The property owner shall be liable for the cost of such maintenance or repair.

B.The cost of such maintenance or repair shall be a lien against the real property. The lien shall attach to the real property at the time of payment of all costs of maintenance or repair by the City.

ii.Nothing in this section shall be construed to impair or limit in any way the power of the Governing Body to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.

§ 7-7-9

Undue Hardship

Where, by reason of unusual circumstances, the strict application of any provision of this Chapter would result in the exceptional practical difficulty or undue hardship upon any owner of a specific 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.

The process, procedural requirements, and criteria for considering a request for an Undue Hardship variance are specified in Section 19-3-8 of this ULDC.