Athens-Clarke County
HISTORIC PRESERVATION COMMISSION
RULES OF PROCEDURE
According to the Athens-Clarke County Historic Preservation Ordinance, the Historic Preservation Commission shall adopt rules for the transaction of its business and consideration of applications with approval from the CEO and Commission.
A public record shall be kept of the Historic Preservation Commission's resolutions, proceedings, and actions in the Office of the Planning Department.
SECTION ONE: CERTIFICATES OF APPROPRIATENESS
The Athens-Clarke County Historic Preservation Commission, under the Athens-Clarke County Historic Preservation Ordinance, has the authority to review applications for Certificates of Appropriateness, and make the following actions: approve, approve with conditions or deny same in accordance with the provisions of this Ordinance;
1.1 Application: Each application for a Certificate of Appropriateness shall be made on an official application form and shall be filed at the offices of the Athens-Clarke County Planning Department. The staff shall note time and date of receipt on the application.
1.2 Required Information: All information called for in the application shall be furnished by the applicant as prescribed in the application form and criteria checklist.
1.3 Records: The staff shall maintain a docket book which shall be kept posted to date. The staff shall enter the number of the application, name of the applicant, street number of the premises, date, and final disposition of the case by the Historic Preservation Commission. All continuances, postponements, and other steps taken and acts done shall be noted on the docket.
1.4 Docket Numbers: Applications, including continued applications, filed in proper form shall be docketed and placed on the agenda of the Historic Preservation Commission according to their docket numbers. Incomplete applications shall not receive a docket number or be docketed until all information has been received.
1.5 Deadlines: To be placed on the agenda, applications must be filed by the close of business on the first Wednesday of each month. If the deadline for applications falls on a holiday when Athens-Clarke County government offices are closed, the deadline shall be the next day government offices are open. Complete applications filed by the deadline will be entered on the agenda for the regular meeting of the Historic
Preservation Commission held on the third Wednesday of that month. Any applications received after the deadline will be entered on the agenda of the next regular meeting of the Historic Preservation Commission. If a special called meeting of the Historic Preservation Commission is held prior to the next regular meeting, late applications will be entered on the agenda of the called meeting, provided there is sufficient time for staff review and publication of legal notice (if required by the Historic Preservation Ordinance). Applications delayed for insufficient data will be entered in the same manner provided for late applications, after a complete application has been filed.
1.6 Advertising: The staff shall place an advertisement in the legal organ of the county which, will be published at least seven days before the meeting of the Historic Preservation Commission, to provide notice of demolition applications which will be heard. The staff shall transmit the application, together with all other supporting information, to the Historic Preservation Commission. The Historic Preservation Commission shall act upon applications on its agenda at the next scheduled meeting, or if a quorum is not present, at a special meeting held within 14 calendar days from such scheduled meeting. Demolitions of minor outbuildings within Historic Districts shall not require legal notice.
In addition, for each Certificate of Appropriateness application, the Historic Preservation Commission shall cause to have posted in a conspicuous place on the area proposed to be considered one (1) or more signs, each of which shall be not less than 11" X 17", and each of which shall contain the following information:
ATHENS-CLARKE COUNTY HISTORIC PRESERVATION COMMISSION
APPLICATION FOR CERTIFICATE OF APPROPRIATENESS
PUBLIC HEARINGS: [DATE AND LOCATION]
FOR INFORMATION CALL (706) 613-3515.
THIS IS AN ATHENS-CLARKE
COUNTY SIGN . . .
DO NOT REMOVE
If the property proposed for Certificate of Appropriateness does not have frontage on a public street, then the sign may be posted on the right-of-way of the nearest public street which provides access to the site. Signs shall be posted at least seven (7) days prior to the Historic Preservation Commission's consideration of an application.
1.7 Order of Business: Any applicant may appear in person or by agent or attorney at the meeting. The order of business for consideration of applications for Certificates of Appropriateness shall be as follows:
1.7.A The Chair shall call the application by docket number and address according to agenda and check for conflicts of interest among Historic Preservation Commission members.
1.7.B The staff shall give a report and recommendation concerning the application.
1.7.C. The Chair shall call on the applicant for additional information or comments.
1.7.D. Historic Preservation Commission members may address questions to the staff and the applicant.
1.7.E The Chair shall call for a motion that the application for Certificate of Appropriateness be approved, denied, approved subject to conditions, or continued for further information. Chair shall call for discussion and a vote.
1.7.F The Chair shall thank the applicant and state that the staff will provide a written decision by mail.
1.8 Commission Decision: The Historic Preservation Commission may consider, but shall not be bound by, precedent. Each case shall be decided upon its merits, applying the Ordinance and design guidelines.
1.9 Decisions that can be made by Staff: The Historic Preservation Commission staff may approve the following types of applications for a Certificate of Appropriateness:
1.9.A. Reroofing Materials. Staff may issue a Certificate of Appropriateness for reroofing materials provided that no other significant alterations, ie removal of architectural features, dormers, chimneys, are proposed. Proposed replacement materials must be similar to existing materials.
1.9.B. Backyard Fence. Staff may issue a Certificate of Appropriateness for the construction of backyard fences provided that 1) the property is not a corner lot and 2) the proposed fence is of appropriate height and materials.
1.9.C. Decks. Staff may issue a Certificate of Appropriateness for the construction of backyard decks provided that the decks do not require the removal or alteration of the existing building or structure and provided that the proposed deck is not visible from the street.
1.9.D. Signs in Historic Districts. Staff may issue a Certificate of Appropriateness for the installation of signs within historic districts provided that they comply with the Athens-Clarke County Street Graphics ordinance.
1.9.E. Alterations that return a building, site or structure to a historic appearance. Later alterations may be removed or 'reversed' provided that:
(1) There is unattested documentation or physical evidence of the resources historic appearance
(2) The applicant is not reversing a historic alteration.
PROCEDURES
Staff may issue a Certificate of Appropriateness for the approval, the approval with conditions or the denial of the above mentioned requests. Staff is not required to grant this review and, at staff's discretion, may opt for review by the Historic Preservation Commission. If the petitioner wishes to appeal staff's decision, a complete application
for the project will then be placed on the Historic Preservation Commission's agenda.
A Certificate of Appropriateness will then be approved, approved with conditions, or denied. Any further appeal will follow the regular process, as established by the Historic Preservation Commission Ordinance.
1.10 Resubmittal After Denial: For one year following the issuance of a denial by the Historic Preservation Commission, the Secretary may refuse to place a previously denied application for a Certificate of Appropriateness on the Historic Preservation Commission's agenda without the benefit of a public hearing, if the application meets one or both of the following criteria:
1.10.A. There is no change in the application for a Certificate of Appropriateness
1.10.B. There is no significant material change in the property under consideration.
SECTION TWO: RECOMMENDATIONS FOR DESIGNATION
The Historic Preservation Commission, under ordinance has the power to 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 based on the criteria established in the Historic Preservation Ordinance.
2.1 Preliminary Research by the Historic Preservation Commission: The Historic Preservation Commission shall have the authority to compile and collect information and conduct surveys of resources within Athens-Clarke County.
2.2 Historic Preservation Commission, under the Historic Preservation Ordinance has the 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.
2.3 Procedure for Designation of Historic Districts and Landmarks
2.3.A. Application for designation of Historic Districts and Landmarks:
Groups may apply to the Historic Preservation Commission for the designation of property or the Historic Preservation Commission, acting as mandated by the Historic Preservation Ordinance, may recommend designations to the CEO and Commission. A letter stating the applicant's name, relationship to the property to be considered, and the justification for the application shall be considered sufficient for application. The Historic Preservation Ordinance recognizes the
following groups as being eligible to apply to the Historic Preservation Commission for designation under the ordinance:
2.3.A.1 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.
2.3.A.2 Landmark - A historical society, property owner, or the CEO and Commission may apply to the Historic Preservation Commission for designation.
The Athens-Clarke County Historic Preservation Commission may refuse to hear a previously denied application for designation for a period of one year following a denial from the CEO and Commission without the benefit of a public hearing if the application meets one or both of the following criteria: a) There is no new information on the historical or architectural significance of the property under consideration for designation or b) There is no significant material change in the property under consideration for designation. The decision as to what constitutes a significant material change or sufficient new information on the historical or architectural significance of a property shall be determined by the Historic Preservation Commission.
2.3.B. Designation of Historic Districts and Landmarks.
2.3.B.1. 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.
2.3.B.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 the Historic Preservation Ordinance to the CEO and Commission for its consideration.
2.3.B.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 .
2.3.B.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.
2.3.B.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 be kept as a public record to provide notice of such designation.
2.3.B.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.
2.3.B.7. Decision: 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.
2.3.B.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.
2.3.B.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.
2.3.B.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 canceled by the Building Official.
2.3.B.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.