§ 9.25-34. Application to preservation commission for certificate of preservation.

(a)

Approval of alterations in historic districts or involving historic properties. After the designation by ordinance of a historic property or of a historic district, no demolition or material change in the exterior appearance of such historic property, or of a structure, site, object, or work of art within such historic district, shall be made or permitted to be made by the owner or occupant thereof, until a certificate of preservation has been granted by the commission.

(b)

Approval of new construction within designated districts. After the designation by ordinance of a historic district, all new structures constructed within a designated historic district shall require a certificate of preservation which the commission shall issue if these structures conform in design, scale, building materials, setback, and landscaping features to the character of the district specified in the design criteria developed by the commission.

(c)

Guidelines and criteria for certificates of preservation. When considering application for certificates of preservation for historic districts and historic properties, the commission will develop design guidelines specifically for the City of Cartersville to use in evaluating applications for certificates of preservation. See section 9.25-34 for developing design guidelines.

(d)

Submission of plans to commission. An application for a certificate of preservation shall be accompanied by such drawings, photographs, plans, or other documentation as may be required by the commission. Applications involving demolition or relocation shall be accompanied by post-demolition or relocation plans for the site. An application for a certificate of preservation shall be accompanied by a non-refundable fee in the amount of twenty-five dollars ($25.00).

(e)

Commission reaction to application for certificates of preservation.

(1)

The commission shall approve or approve with conditions the application and issue a certificate of preservation if it finds that the proposed material change(s) in the appearance would not have a substantial adverse effect on the historic, or architectural significance of the historic property or historic district. In making this determination, the historic preservation commission shall consider, in addition to other pertinent factors, the historical and architectural significance, architectural style, general design arrangements, texture, and material of the architectural features 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.

(2)

The commission shall deny a certificate of preservation if it finds that the proposed new construction or material change(s) in the appearance of an existing structure(s) would have substantial adverse effects on the historic, or architectural significance of the historic property or the historic district. A certificate of preservation may not be denied on the basis of exterior paint color.

(f)

Necessary action to be taken by commission upon rejection of application for certificate of preservation.

(1)

In the event the 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 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 preservation by the 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.

(g)

Public hearings on applications for certificates of preservation, notices, and right to be heard. At least seven (7) days prior to review of an application for certificate of preservation, the 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. In cases where the commission deems it necessary, it may hold a public hearing concerning the application.

(h)

Interior alterations. In its review of applications for certificates of preservation, the commission shall not consider interior arrangements, use, or finish having no effect on exterior architectural features.

(i)

Technical advice. The commission shall have the power to seek technical advice from outside its members on any application.

(j)

Deadline for approval or rejection of application for certificate of preservation.

(1)

The commission shall approve, approve with conditions, or deny an application for certificate of preservation within forty-five (45) days after the filing of a complete application by the owner or authorized agent of a historic property, or of a structure, site, object, or work of art located within a historic district. An application will not be considered filed until all required information is submitted with the application. Evidence of approval shall be a certificate of preservation issued by the commission. Failure of the commission to act with such forty-five (45) days shall constitute approval and no other evidence of approval shall be needed.

(k)

Undue hardship. Where, by reason of unusual circumstance, 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 commission, in passing upon applications, shall have the power to vary or modify strict adherence to said provisions, or to interpret the meaning of such 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 commission may impose such reasonable and additional stipulations and conditions as will, in its judgment, best fulfill the purpose of this chapter. An undue hardship shall not be a situation of the person's own making.

(l)

Requirements of conformance with certificates of preservation.

(1)

All work performed pursuant to an issued certificate of preservation shall conform to the requirements of such certificate. In the event work is performed not in accordance with such certificate, the building official shall issue a cease and desist order and all work shall cease.

(2)

The city council shall be authorized to institute any appropriate action or proceeding in a court of competent jurisdiction to prevent any material change in appearance of a designated historic property or historic district except those changes made in compliance with the provisions of this chapter or to prevent any illegal act or conduct with respect to such historic property or historic district.

(m)

Certificate of preservation void if construction not commenced. A certificate of preservation shall become void unless construction is commended within six (6) months of date of issuance. Certificates of preservation shall be issued for a period of eighteen (18) months and are renewable.

(n)

Recording of applications for certificates of preservation. The commission shall keep a public record of all applications for certificates of preservation, and all of the commission's proceedings in connection with said application.

(o)

Acquisition of property. The commission may, where such action is authorized by the city council 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.

(p)

Appeals. Any person adversely affected by any determination made by the commission relative to the issuance of denial of a certificate of preservation may appeal such determination to the city council. Any such appeal must be filed with the city council within thirty (30) days after the issuance of the determination pursuant to section 9.25-34(j)(1) of this chapter. The city council may approve, modify, or reject the determination made by the commission, if the governing body finds that the commission abused its discretion in reaching its decision. Appeals from decision of the city council may be taken to the Superior Court of Bartow County in the manner provided by law for appeals from conviction for city ordinance violations.

(Ord. No. 19-01, § IV, 5-17-01; Ord. No. 47-04, § 6, 6-17-04)