AN ORDINANCE TO AMEND A CODE OF ORDINANCES FOR ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO HISTORIC PRESERVATION; AND FOR OTHER PURPOSES

AN ORDINANCE TO AMEND A CODE OF ORDINANCES FOR ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO HISTORIC PRESERVATION; AND FOR OTHER PURPOSES.

The Commission of Athens-Clarke County hereby ordains as follows:

SECTION 1. The following is hereby adopted and set forth as Title 8, Chapter 5, of a Code of Ordinances for Athens-Clarke County, Georgia entitled, "Historic Preservation,".

"Section 8-5-1. Purpose.

In support and furtherance of its findings and determination that the historical, cultural, and aesthetic heritage of Athens-Clarke County is among its most valued and important assets and that the preservation of this heritage is essential to the promotion of the health, prosperity, and general welfare of the people;

In order to stimulate revitalization of the business districts and historic neighborhoods and to protect and enhance local historical and aesthetic attractions to tourists and thereby promote and stimulate business; to encourage the development of financial and other incentives at all levels of government and the private sector that will serve to promote the preservation of historic resources;

In order to enhance the opportunities for federal tax relief of property owners under relevant provisions of the Economic Recovery Tax Act of 1981 allowing tax investment credits for rehabilitation of certified historic structures (26 U.S.C.A. Section 191);

The CEO and Commission of Athens-Clarke County hereby declare it to be the purpose and intent of this Ordinance to establish a uniform procedure for use in providing for the protection, enhancement, perpetuation, and use of places, districts, sites, buildings, structures, objects, and works of art having a special historical, cultural, or aesthetic interest or value, in accordance with the provisions of the chapter;

Section 8-5-2. Creation of a Historic Preservation Commission

A. Creation of the Historic Preservation Commission

The title of the Historic Preservation Commission shall be the Athens-Clarke County Historic Preservation Commission" hereafter referred to as the "Historic Preservation Commission. Historic Preservation Commission members shall be appointed by the CEO and Commission of Athens-Clarke County, and will have only advisory authority in recommending landmark and historic district designation.

B. Historic Preservation Commission Position within the Unified Government of Athens-Clarke County

The "Athens-Clarke County Historic Preservation Commission" shall be considered a part of the planning functions of the Unified Government of Athens-Clarke County, and shall be administrated by the staff of the Athens-Clarke County Planning Department.

C. Historic Preservation Commission Members: Number,

Appointment, Term and Compensation

The Historic Preservation Commission shall consist of seven (7) members, who shall be residents of Athens-Clarke County and who shall be appointed by majority vote of the CEO and Commission. The members of the Historic Preservation Commission at the time this chapter takes effect shall be the initial members of the Historic Preservation Commission to be appointed by the CEO and Commission and shall hold office for the balance of their terms then remaining as members of said commission; and their successors shall be appointed by the CEO and Commission for a term of three (3) years. Any vacancy in membership appointed by the CEO and Commission shall be filled for the unexpired term by appointment by the CEO and Commission as heretofore provided; no member of the Historic Preservation Commission shall serve more than two (2) consecutive full, three (3) year terms; and the CEO and Commission shall have the authority to remove any member of Historic Preservation Commission appointed by it for cause, on written charges, after a public hearing. All members shall serve without compensation but may be reimbursed for actual expenses incurred in the performace of their duties. The majority of said Members shall have demonstrated special interest, experience, or education in history, architecture, or the preservation of historic resources. Members shall not vote on issues in which they have conflict of interest.

D. Statement of the Historic Preservation Commission's Powers

The Athens-Clarke County Historic Preservation Commission shall be Authorized to:

1. Prepare an inventory of all property within its respective historic preservation jurisdiction having the potential for designation as historic property;

2. Recommend to the CEO and Commission specific places, districts, sites, buildings, structures, objects, or works of art to be designated by ordinance as historic properties.

3. Review applications for Certificates of Appropriateness, and approve, approve with conditions or deny same in accordance with the provisions of this Ordinance;

4. Recommend to the CEO and Commission that the designation of any place, district, site, building, structure, object, or work of art as historic property be revoked or removed;

5. Restore or preserve any properties acquired by the Unified Government of Athens-Clarke County;

6. Promote the acquisition by the Unified Government of Athens-Clarke County of easements in accordance with the provisions of Section 44-10-1 et sec O.C.G.A. entitled "Uniform Conservation Easement Act";

7. Conduct an educational program on historic properties located within its historic preservation jurisdiction;

8. Make such investigation and studies of matters relating to historic preservation as the local governing body or the Historic Preservation Commission may, from time to time, deem necessary or appropriate for the purposes of preserving historic resources;

9. Seek out state and federal funds for historic preservation, and make recommendations to the CEO and Commission concerning the most appropriate uses of any funds acquired;

10. Consult with historic preservation experts in the Historic Preservation Office of the Department of Natural Resources or its successor and the Georgia Trust for Historic Preservation, Inc;

11. Submit to the Historic Preservation Office of the Department of Natural Resources a list of historic properties designated;

12. Perform historic preservation activities as the official agency of the Unified Government of Athens-Clarke County's historic preservation program;

13. Receive such volunteer services as are available and appropriate, and employ persons and services within the limits of funds budgeted by the CEO and Commission to carry out the responsibilities of the Historic Preservation Commission in an appropriate manner;

14. Receive donations, grants, funds, or gifts of property, and to acquire and sell historic properties. The Historic Preservation Commission shall not obligate the Unified Government of Athens-Clarke County without prior consent;

15. To recommend to the CEO and Commission such financial and/or other incentives that can be expected to encourage the preservation of the communities' historic resources and provide a positive incentive to affected property owners;

16. Attend or take advantage of any training available through state, federal or private agencies to further the education of the Historic Preservation Commission members in accordance with established budget constraints;

E. Historic Preservation Commission's Power to Adopt Rules of Procedure

The Historic Preservation Commission shall adopt rules for the transaction of its business and consideration of applications; shall provide for the time and place of regular open meetings, with proper public notification, and for the calling of special meetings. The Historic Preservation Commission shall adopt rules of procedure with approval from the CEO and Commission. A quorum shall consist of a majority of the members. The latest edition of Roberts' Rules of Order shall determine the order of business at all meetings.

F. Records of Historic Preservation Commission Meetings

A public record shall be kept of the Historic Preservation Commission's resolutions, proceedings, and actions in the Office of the Planning Department.

Section 8-5-3. Designation of Historic Districts and Landmarks.

A. Preliminary Research by the Historic Preservation Commission

1. Historic Preservation Commission's Mandate to Conduct a Survey of Local Historical Resources: The Historic Preservation Commission shall have the authority to compile and collect information and conduct surveys of resources within Athens-Clarke County.

Historic Preservation Commission's power to recommend historic districts and landmarks to the CEO and Commission for Designation: the Historic Preservation Commission shall present to the CEO and Commission nominations for historic districts and local landmarks.

3. Preparation of a report on proposed designations: The Historic Preservation Commission shall prepare formal reports when nominating historic districts or local landmarks. These reports shall be used to educate the community and to provide a permanent record of the designation. The report will follow guidelines for nominating property to the National Register of Historic Places (National Preservation Act of 1966), and shall consist of two (2) parts: a) a physical description, and b) a description of historic significance. This report will be submitted to the Historic Preservation Office of the Department of Natural Resources.

B. Designation of a Historic District

1. Criteria for selection of historic districts: A historic district is a geographically definable area, which contains structures, sites, buildings, objects, works of art, places or a combination thereof, which:

a) have special character or special historic/aesthetic value or interest;

b) represent one or more periods of styles of architecture typical of one or more eras in the history of the municipality, county, state, or region;

c) cause such area, by reason ofsuch factors, to constitute a visibly perceptible section of the municipality or county.

2. Boundaries of a Historic District: Boundaries of a Historic District shall be specified on tax maps, or an official "Historic District and Landmark Map" adopted by the CEO and Commission and drawn at a scale sufficient to clearly ascertain district and landmark boundaries; and located on the official zoning map, these boundaries will be included in the separate ordinances designating local districts and landmarks. Boundaries specified in legal notices shall be no smaller than, and shall normally coincide with the boundaries finally designated. This shall not preclude the deletion of property from the adopted district that had been noticed as intended for inclusion. Districts shall be shown on the Official Zoning Map adopted by the CEO and Commission .

3. Evaluation of Properties within Historic Districts: Individual properties within historic districts shall be classified as:

a) Contributing: A building, site, structure, work of art or object that adds to the aesthetic qualities or historic values for which a district is significant because 1) it possesses historic integrity reflecting the district's character or 2) it independently meets the designation criteria. The property should meet an age criteria of fifty years unless the property has exceptional significance.

b) Noncontributing: A building, site, structure, work of art, or object that does not add to the aesthetic qualities, historic values for which a district is significant because 1) it does not possess historic integrity reflecting the district's character and 2) it does not independently meet the designation criteria.

4. Affirmation of existing zoning: This Historic Preservation Ordinance is not a use ordinance, and local zoning laws apply.

C. Designation of a Landmark

1. Criteria for selection of Landmarks: A landmark is a building, structure, site, place, object, or work of art, including the adjacent area necessary for the proper appreciation or use thereof, deemed worthy of preservation by reason of value to Athens-Clarke County, State of Georgia, or local region, for one or more of the following reasons:

a) it is an outstanding example of a building, structure, object, or work of art representative of its era;

b) it is one of the few remaining examples of past architectural style;

c) it is a place, building, site, object, work of art or structure associated with an event or a person of historic or cultural significance to Athens-Clarke County, State of Georgia, or the region.

d) it is a site or place of natural or aesthetic interest that is continuing to contribute to the cultural or historical development and heritage of the municipality, county, state or region.

2. Boundary description. Boundaries shall be clearly defined for landmarks on tax maps or an official "Historic District and Landmark Map" adopted by the CEO and Commission and drawn at a scale sufficient to clearly ascertain district and landmark boundaries and located on the Official Zoning Map, adopted by the CEO and Commission.

D. Procedure for designation of Historic districts and Landmarks

1. Application for designation of Historic Districts and Landmarks:

a) Historic District - A historical society, neighborhood association, group of property owners, or the CEO and Commission may apply to the Historic Preservation Commission for designation.

b) Landmark - A historical society, property owner, or the CEO and Commission may apply to the Historic Preservation Commission for designation.

2. Historic Preservation Commission recommendation: Prior to the designation of any historic district or landmark, the Historic Preservation Commission shall first consider the merits of such a designation in accordance with the provisions of this chapter at a public hearing and shall recommend approval, approval with conditions, or denial of any request in a timely manner to the CEO and Commission. The Historic Preservation Commission shall transmit its recommendation and the Report required in Section 8-4-3-(A)(3) of this chapter to the CEO and Commission for its consideration.

3. Required Public Hearings and Notifications Procedures:

the Historic Preservation Commission and the local governing body shall hold separate public hearings on the proposed ordinance for designation. Notice of the hearings shall be published in at least three (3) consecutive issues of the legal organ of Athens-Clarke County and/or in a newspaper of general circulation within Athens-Clarke County, and written notice of the hearings shall be mailed by the Historic Preservation Commission to all owners and occupants of such properties. All such notices shall be published or mailed out not less than ten (10) nor more than twenty (20) days prior to the date set for the Public Hearings. A letter sent via the United States Mail to the last known owner of the property, as shown on the most recent tax digest, shall constitute legal notification of owners under this chapter. Included with the required notification to each property owner within a proposed designation shall be a questionnaire, which may be returned to the Historic Preservation Commission, to ascertain the degree of interest in and support for the proposed designation amongst that segment of the community directly affected by the proposal. Such questionnaire shall be used for information purposes only and is not to be binding on the CEO and Commission .

4. Requirements for Designation Ordinances: Any ordinance designating any historic property shall describe the exterior boundaries of each historic district or each landmark to be designated, set forth the name(s) of the owner(s) of the designated property or properties, as listed on the most recent tax digest, and require that a Certificate of Appropriateness be obtained from the Historic Preservation Commission prior to any material change in appearance of the designated historic property.

5. Requirements Regarding Historic Property Boundaries: Any ordinance designating any property as Historic Property shall require that the designated historic property be shown on the Official Zoning Map adopted by the CEO and Commission and kept as a public record to provide notice of such designation.

6. Notification of Historic Preservation Office: Prior to any Historic Preservation Commission recommendation on designation and prior to the CEO and Commission's public hearing to consider designating any property or properties under the Historic Preservation Ordinance, the Historic Preservation Commission must submit a report on the historic, cultural, architectural, or aesthetic significance of each place, district, site building/, structure, object, or work of art to the Historic Preservation Office of the Department of Natural Resources; thirty (30) days will be allowed to prepare written comments.

7. A decision to accept, accept with conditions, or deny the designation shall be made following the public hearing, and shall be in the form of a recommendation to the CEO and Commission.

8. Notification of Adoption of Ordinance for Designation: Within thirty (30) days immediately following the adoption of the ordinance for designation by the CEO and Commission, the owners and occupants of each designated historic property shall be given written notification of such designation by the Historic Preservation Commission; which notice shall apprise said owners and occupants of the necessity of obtaining a Certificate of Appropriateness prior to undertaking any material change in appearance of the historic property designated.

9. Notification of Other Agencies Regarding Designation: The Historic Preservation Commission shall notify all necessary agencies of the Unified Government of Athens-Clarke County of the ordinance of designation, and the Athens-Clarke Heritage Foundation.

10. Moratorium on Applications for Alterations of Demolitions While An Ordinance for Designation is Pending: If an ordinance for designation has been recommended by the Historic Preservation Commission to the CEO and Commission, the Historic Preservation Commission shall have the power to delay an application for alteration or demolition for properties under consideration for up to 60 days.

Any building permit issued prior to the recommendation of an ordinance for designation may continue until its six month expiration. However, if the work described in any building permit has not begun within six months from the date of permit issuance; or once construction has begun, if it is discontinued for a period in excess of six months; said permit shall expire and be cancelled by the Building Official.

11. Authority to Rescind Designation: The CEO and Commission has the authority to rescind the designation following receipt of a recommendation from the Historic Preservation Commission and receipt of comments at a public hearing noticed in accordance with the provisions for designation.

Section 8-5-4. Design Guidelines for Historic Districts and Landmarks

A. Identification of Design Guidelines

Concurrent with, or immediately following, the designation of any historic district or landmark, the Historic Preservation Commission shall recommend to the CEO and Commission a set of "Design Guidelines" appropriate to the district or landmark. The guidelines are intended to identify the characteristic features of the designation that will be used in determining the compatibility of new construction or alterations of size, location, materials, style, rhythm, and any other quality deemed by the Historic Preservation Commission to contribute to the character of the historic property.

B. Procedure for Adoption of Design Guidelines

The Historic Preservation Commission must draft and recommend the proposed Design Guidelines to the CEO and Commission at a public hearing. Adoption of the Guidelines by CEO and Commission may only be considered after the Historic Preservation Commission's recommendation and following a public hearing as follows:

The Historic Preservation Commission an the CEO and Commission shall hold a public hearing on the adoption of the Design Guidelines. Notice of the hearing shall be published in at least three (3) consecutive issues in the legal organ and/or in a newspaper of general circulation within Athens-Clarke County. All such notices shall be published not less than ten (10) nor more than twenty (20) days prior to the date set for the public hearing.

C. Concurrent Action

The Historic Preservation Commission may recommend, and the CEO and Commission may consider and adopt, the Design Guidelines at the same public hearing and/or meeting as the designation of the corresponding historic district or landmark. The legal notices for the guidelines and designated area may be combined into one notice if the hearing are to be combined.

Section 8-5-5. Application to the Historic Preservation Commission For Certificate of Appropriateness.

A. Approval of Alterations to Historic Properties.

After designation by ordinance of a historic property and adoption of corresponding "Design Guidelines", no demolition or material change in the appearance of such historic property, shall be made or be permitted to be made by the owner or occupant thereof, unless or until application for a Certificate of Appropriateness has been submitted to and approved by the Historic Preservation Commission.

B. Approval of New Construction to Historic Properties

The Historic Preservation Commission shall review and may approve, or approve with conditions, and issue Certificates of Appropriateness to new structures, buildings, objects, or works of art to be constructed within historic property. Such structures, buildings, objects, or works of art shall conform in design, scale, building materials, setback, and landscaping to the character of historic property specified in the Historic Preservation Commission's Design Guidelines. If, in the opinion of the Historic Preservation Commission, any such structure, building, object or work of art would fail to comply with the Guidelines and would be inconsistent with the character of the historic property, the Certificate of Appropriateness shall be denied. Reasons for denial shall be stated and transmitted to the applicant in writing.

C. Submission of Plans to Historic Preservation Commission

An application for Certificate of Appropriateness shall be accompanied by such drawings, photographs, or plans as may be required by the Historic Preservation Commission.

D. Acceptable Historic Preservation Commission Reaction to Application for Certificate of Appropriateness

1. The Historic Preservation Commission shall approve or approve with conditions the Application and issue a Certificate of Appropriateness if it finds that the proposed material change(s) in the appearance would not have a substantial adverse effect on the aesthetic, historic, or architectural significance and value of the historic property. In making this determination, the Historic Preservation Commission shall consider, in addition to any other pertinent factors, the historical and architectural value and significance, architectural style, general design arrangement, texture, and materials of the architectural feature involved, and the relationship thereof to the exterior architectural style, and pertinent features of the other structures, buildings, objects, or works of art in the immediate neighborhood in accordance with the adopted design guidelines.

2. The Historic Preservation Commission shall deny a Certificate of Appropriateness if it finds that the proposed material change(s) in appearance would have substantial adverse effects on the aesthetic, historic, architectural significance and value of the historic property.

E. Public Hearing on Applications for Certificates Of Appropriateness, Notices, and Right to be Heard.

At least seven (7) days prior to review of a Certificate of Appropriateness the Historic Preservation Commission shall take such action as may reasonably be required to inform the owners of any property likely to be affected by reason of the application, and shall give applicant and such owners an opportunity to be heard. Notice in Athens-Clarke County's legal organ or newspaper of general circulation within Athens-Clarke County shall, for the purpose of this section, be deemed to be sufficient action.

In cases where the Historic Preservation Commission deems it necessary, it may hold a public hearing concerning the application, noticed in Athens-Clarke County's legal organ or newspaper of general circulation within Athens-Clarke County at least one time not less than 10 days nor more than 20 days prior to the hearing. At said hearing, any interested party shall be given the opportunity to comment on the request.

F. Interior Alterations

In its review of applications for Certificates of Appropriateness, the Historic Preservation Commission shall not consider interior arrangement or use having no effect on exterior architectural features.

G. Technical Advice

When dealing with difficult technical questions, the Historic Preservation Commission shall have the power to seek expert advice within approved budgetary limitations.

H. Deadline for Approval or Rejection of Application for Certificate of Appropriateness

1. The Historic Preservation Commission shall approve, approve with conditions, or deny an application for a Certificate of Appropriateness within no more than forty-five (45) days after the filing of a complete application by the owner or authorized agent of a historic property.

2. Failure of the Historic Preservation Commission to act within said forty-five (45) days shall constitute approval, and no other evidence of approval shall be needed.

I. Necessary Actions to be Taken by Historic Preservation Commission Upon Rejection Of Application For Certificate of Appropriateness

1. In the event the Historic Preservation Commission rejects an application, it shall state its reasons for doing so, and shall transmit a record of such actions and reasons, in writing, to the applicant. The Historic Preservation Commission may suggest alternative courses of action it thinks proper if it disapproves of the application submitted. The applicant, if he or she so desires, may make modifications to the plans and may resubmit the application at any time after doing so.

2. In cases where the application covers a material change in the appearance of a structure, building, object or work of art which would require the issuance of a building permit, the rejection of the application for a Certificate of Appropriateness by the Historic Preservation Commission shall be binding upon the Building Official or other administrative officer charged with issuing building permits and, in such a case, no building permit shall be issued.

J. Undue Hardship

Where, by reason of unusual circumstances, the strict application of any provision of this Ordinance would result in exceptional practical difficulty or undue hardship upon any owner of a specific property, the Historic Preservation Commission, in passing upon applications, shall have the power to vary or modify strict adherence to said provisions, or to interpret the meaning of said provisions, or to interpret the meaning of said provisions, so as to relieve such difficulty or hardship; provided such variances, modifications, or interpretations shall remain in harmony with the general purpose and intent of said provisions, so that the architectural or historical integrity, or character of the property shall be conserved, and substantial justice done. In granting variances, the Historic Preservation Commission may impose such reasonable and additional stipulations and conditions as will, in its judgement, best fulfill the purpose of this chapter.

K. Requirement of Conformance With Certificate of Appropriateness

Work not in accordance with an issued Certificate of Appropriateness shall be halted by the Building Official before it is completed. Any such work shall be considered a violation of this chapter subject to any and all appropriate fines and penalties.

L. Certificate of Appropriateness Void If Construction Not Commenced

A Certificate of Appropriateness shall become void unless construction is commenced within six (6) months of date of issuance. Certificates of Appropriateness shall be issued for a period of eighteen (18) months and are renewable.

M. Recording of Applications For Certificates Of Appropriateness

The Historic Preservation Commission shall keep a public record of all applications for Certificates of Appropriateness, and of all the Historic Preservation Commission's proceedings in connection with said application.

N. Acquisition of Property

The Historic Preservation Commission may, when and only when such action is authorized by the CEO and Commission and is reasonably necessary or appropriate for the preservation of a unique historic property, enter into negotiations with the owner for the acquisition by gift, purchase, exchange, or otherwise, of the property or any interest therein.

O. Appeals

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 CEO and Commission; the appeal must be applied for within thirty (30) days after notification is sent. The CEO and Commission may approve, modify, 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.

Appeals from decisions of the CEO and Commission made pursuant to this ordinance may be taken to the Superior Court of the County, in the manner provided by law, for appeals from conviction for municipal or county ordinance violations.

P. Department of Transportation and Local Governments

The Department of Transportation and any contractors, including cities and counties, performing work funded by the Department of Transportation are exempt from this article. Local governments are exempt from the requirement of obtaining Certificates of Appropriateness; provided however, that local government shall notify the Historic Preservation Commission forty-five (45) days prior to beginning an undertaking that would otherwise require a Certificate of Appropriateness and allow the commission and opportunity to comment.

Section 8-5-6. Demolition or Relocation Applications

A. Authority to Comment on Demolition Permit Applications

The Commission shall have the authority to approve or deny a Certificate of Appropriateness for a permit to demolish or relocate a structure, building, object or work of art from, to or within a historic property.

B. Actions Acceptable in Reaction to Application For Demolition Permit or Relocation Permit

The Commission shall have the authority to approve, approve with conditions, or deny a Certificate of Appropriateness for a demolition permit or relocation permit within its jurisdiction.

C. Consideration of Pre-Demolition Plans

A public hearing shall be scheduled for each application for demolition. Notice shall be given in Athens-Clarke County's legal organ and/or newspaper of general circulation within Athens-Clarke County at least one time not less than ten (10) days nor more than twenty (20) days prior to the public hearing.

D. Consideration of Post-Demolition Plans

The Historic Preservation Commission shall not grant a Certificate of Appropriateness for demolition permission without reviewing at the same time the plans for the historic property.

E. Demolition or Relocation Criteria

The Historic Preservation Commission's decision concerning the Certificate of Appropriateness for demolition or relocation of a historic site, landmark, or building shall be based on the following criteria:

1. The structure is of such interest or quality it would reasonably meet national, state, or local criteria for designation as a historic property.

2. The structure, building, object or work of art is of such unusual or uncommon design, texture or materials that it could not be reproduced or be reproduced only with great difficulty and expense.

3. Retention of the structure, building, object or work of art would aid substantially in preserving and protecting a structure, building, object, work of art, or district which meets 1 or 2 hereinabove.

Where the Historic Preservation Commission determines that one or more of these criteria are met, no Certificates of Appropriateness shall be issued and the application shall be denied.

Section 8-5-7. Maintenance of Historic Property

A. Ordinary Repair

Ordinary maintenance or repair of any exterior architectural feature in or on a historic property that does not involve a material change in design, material, or outer appearance thereof is excluded from review.

B. Conformity to Existing Building Codes

Nothing in this Ordinance shall be construed as to exempt property owners from complying with existing building codes adopted by Athens-Clarke County, nor to prevent any property owner from making use of his property not prohibited by other statutes, ordinances, or regulations.

Section 8-5-8. Penalty Provisions

Violations of any provisions of this chapter shall be punished as provided in Section 1-1-5 of this code.

Section 8-5-9. Severability

In the event that any section, subsection, sentence, clause, or phrase of this chapter shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, sentences, clauses, or phrases of this chapter, which shall remain in full force and effect, as if the section, subsection, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof.

Section 8-5-9. Amendments

This Ordinance, including the official Historic District and Landmark Map, may be amended by the CEO and Commission on its own motion, or on recommendation of the Historic Preservation Commission; but no amendment shall become effective unless it shall have been proposed by or shall have been submitted to the Historic Preservation Commission for review and recommendation. All amendments to Historic Districts and Landmarks shall follow the procedure set forth in Section 8-5-3(D) of this chapter, known as "Procedure for Designation of Historic Districts and Landmarks."

Amendments to the Design Guidelines for new construction or alterations within a designated district of involving landmarks must be approved by the CEO and Commission on its own motion, or on recommendation of the Historic Preservation Commission; but no amendment shall become effective unless it shall have been proposed or shall have been submitted to the Historic Preservation Commission for review and recommendation. All amendments to the Design Guidelines shall follow the procedure set forth in Section 8-5-4(B) of this Chapter, known as "Procedure for Adoption of Design Guidelines."

Section 8-5-10. Definitions.

Certificate of Appropriateness: A document evidencing approval by the Historic Preservation Commission of an application to make a material change in the appearance of a designated historic property

Exterior Architectural Features: The architectural style, general design, and general arrangement of the exterior of a building, structure, object or work of art, including, but not limited to, the kind or texture of the building material and the type and the style of all windows, doors, signs, and other appurtenant architectural fixtures, features, details, or elements relative to the foregoing.

Historic District: A geographically definable area which contains structures, buildings, objects, sites, works of art, or a combination thereof which exhibit a special historical, architectural, or environmental character as designated by the CEO and Commission.

Historic Property: Property designated by the Historic Preservation Ordinance as either being within a Historic District or as a Landmark.

Landmark: An individual structure, building, object, site, or work of art which exhibits a special historical, architectural, or environmental character as designated by the CEO and Commission .

Material Change in Appearance: A change that will affect either the exterior architectural or environmental features of a historic property, and may include any one or more of the following:

1. A reconstruction or alteration of the size, shape, or facade of a historic property, including any of its architectural elements or details;

2. Demolition of a historic property;

3. Commence of excavation for construction purposes;

4. A change in the location of advertising visible from the public right-of-way on any historic property;

5. The erection, alteration, restoration, or removal of any building, structure, object or work of art within a historic property, including walls, fences, steps, and pavements, or other appurtenant features.

Section 8-5-11. Provisions for Historic Preservation Ordinances Existing Under Prior Law.

Designations of property under Article 2 of Title 8, Chapter 1 of the former Code of the City of Athens shall continue in full force and effect."

SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed.