§ 9.25-33. Recommendation and designation of historic districts and historic properties.

(a)

Preliminary research by the commission.

(1)

Commission's mandate to conduct a survey of local historic resources: The commission shall compile and collect information and conduct surveys of historic resources within the City of Cartersville.

(2)

Commission's power to recommend historic districts and properties to the city council for designation: The commission shall present to the city council recommendations for historic district and historic properties.

(3)

Commission's documentation of proposed designation: Prior to the commission's recommendation of a historic district or historic property to the city council for designation, the commission shall prepare a report consisting of:

a.

A physical description;

b.

A statement of the historical, cultural, architectural significance;

c.

A map showing district boundaries and classifications (i.e., historic, non-historic, inclusive) of individual properties therein, or showing boundaries of individual historic properties;

d.

A statement justifying district or individual property boundaries; and

e.

Representative photographs.

(b)

Designation of a historic district.

(1)

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

a.

Have special character or special historic significance;

b.

Represent one (1) or more periods, styles, or types of architecture typical of one (1) or more eras in the history of the city, county, state or region; and

c.

Cause such area, by reason of such factors, to constitute a visibly perceptible section of the city.

(2)

Boundaries of a historic district: Boundaries of historic districts shall be included in, or amended to, this chapter and shall be shown on the official zoning map of the City of Cartersville as H-1 overlay zones.

(3)

Valuation of properties within historic districts: Individual properties within historic districts shall be classified as:

a.

Contributing: A building, structure, object, site or work of art that adds to the historic architectural qualities or archaeological values for which the district is significant because it was present during the period of significance, relates to the documented significance of the district, and possesses historic integrity or is capable of yielding important information about the period of significance.

b.

Non-contributing: A building, site, structure, work of art, or object that does not add to the historic associations, historic architectural qualities or archaeological values for which a district is significant because it was not present during the period of significance or does not relate to the documented significance of the district, or due to alterations, disturbances, additions, or other changes, it no longer possesses historic integrity or is capable of yielding important information about the period.

(c)

Designation of a historic property.

(1)

Criteria for selection of a historic property: A historic property shall be a building, structure, site, object, landscape feature, or work of art, including the adjacent area necessary for the proper appreciation or use thereof, deemed worthy of preservation by reason of significance to the City of Cartersville, State of Georgia, or local region, for one (1) 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 (1) of the few remaining examples of past architectural styles or types, either in the City of Cartersville or in its respective neighborhood;

c.

It is a place, building, site, object, work of art, or structure associated with an event or person of historical or cultural significance to the City of Cartersville, State of Georgia, or the region; or

d.

It is the site of a natural interest that is continuing to contribute to the historical development and heritage of the city, county, state or region.

(2)

Boundary description for historic properties: Boundaries of historic properties shall be amended to this chapter and shall be shown on the official zoning map of the City of Cartersville as H-1 overlay zones.

(3)

Requirements for adopting an ordinance for the designation of historic districts and historic properties:

a.

Application for designation of historic districts or property may be proposed by the City of Cartersville, the commission, or:

1.

For historic districts— A historical society, neighborhood association, preservation organization, or a group of property owners may apply to the commission for designation.

2.

For historic properties— A historical society, neighborhood association, preservation organization or property owner may apply to the commission for designation.

b.

Required components of a designation ordinance: Any ordinance designating any property as a historic property or any historic district as a historic district shall:

1.

List each property in a proposed historic district or describe the proposed individual historic property;

2.

Set forth the name(s) of the owner(s) of the individual properties with the proposed historic district or of the proposed historic property;

3.

Require that, upon designation, a certificate of preservation be obtained from the commission prior to any material change in appearance of the historic district or historic property;

4.

Require that, upon designation, the historic district or historic property be shown on the official zoning map of the City of Cartersville and kept as a public record to provide notice of such designation.

c.

Required public hearing: The commission and the city council shall each hold a public hearing on any proposed ordinance amendment for the designation of any historic district or property. Notice of the hearings shall be published in at least three (3) consecutive issues in the legal organ which is the principle newspaper of general circulation within Cartersville, Georgia, and written notice of the hearings shall be mailed by the commission to all owners and occupants of such properties. All such notices shall be published or mailed not less than ten (10) nor more than twenty (20) days prior to the date set for the public hearings. A notice sent via the United States mail to the last known owner of the property shown on the Bartow County Tax Assessors Digest and a notice sent via United States mail to the address of the property to the attention of the occupant shall constitute legal notification to the owner and occupant under this chapter.

d.

Recommendation on proposed designations: A recommendation to affirm, modify, or withdraw the proposed ordinance amendment for designation shall be made by the commission within fifteen (15) days following the public hearing and shall be in the form of a resolution to the city council.

e.

City council action on commission recommendation: Following receipt of the commission's recommendation, the city council may adopt the proposed ordinance amendment as proposed, may adopt the proposed ordinance amendments with any changes it deems necessary, or reject the proposed ordinance amendment.

f.

Notification of office of historic preservation: No less than thirty (30) days prior to making a recommendation on any ordinance amendment designating a historic district or a historic property, the commission must submit a report, as required in 9.25-33(a)(3), to the office of historic preservation of the department of natural resources.

g.

Notification of adoption of ordinance for designation: Within thirty (30) days following the adoption of the ordinance amendment for designation by the city council, the owner(s) and occupant(s) of each designated historic property, and the owner(s) and occupant(s) of each structure, site, or work of art located within a designated historic district shall be given written notification of such designation by the city council. This written notice shall inform said owner(s) and occupant(s) of the necessity of obtaining a certificate of preservation prior to undertaking any material changes in appearance of the historic property designated or within the historic district designated. A notice sent via the United States mail to the last known owner(s) of the property shown on the Bartow County Tax Assessors Digest and a notice sent via United States mail to the address of said property or properties to the attention of the occupant shall constitute legal notification to the owner(s) and occupant(s) under this chapter.

h.

Moratorium on applications for alteration or demolition while the ordinance for designation is pending: If an ordinance for designation is being considered, the City Council of the City of Cartersville shall have the power to freeze the status of the involved property for up to sixty (60) days.

i.

Any properties designated as historic properties, or any district designated as a historic district shall in no way effect the established allowable uses set forth in the Comprehensive Zoning Ordinance of the City of Cartersville: All boundaries of designated properties and districts shall overlay existing boundaries of existing or future zones, and the intent of the one (1) shall not be in conflict with the intent of the other.

(Ord. No. 19-01, § III, 5-17-01)