Wayne County, Georgia Ordinances - CH021- Chapter 21 Historic Preservation Board

Chapter 21

HISTORIC PRESERVATION

Article I. In General
Secs. 21-1--21-20. Reserved.

Article II. Historic Preservation Board
Sec. 21-21. Purpose.
Sec. 21-22. Definitions.
Sec. 21-23. Creation of an historic preservation board.
Sec. 21-24. Recommendation and designation of historic districts and properties.
Sec. 21-25. Application to preservation board for certificate of appropriateness.
Sec. 21-26. Demolition or relocation of an historic property or properties within an historic district.
Sec. 21-27. Maintenance of historic properties and building and zoning code provisions.
Sec. 21-28. Penalty.

ARTICLE I.

IN GENERAL

Secs. 21-1--21-20. Reserved.

ARTICLE II.

HISTORIC PRESERVATION BOARD

Sec. 21-21. Purpose.

In support and furtherance of their findings and determination that the historical, cultural and aesthetic heritage of the County of Wayne, the City of Jesup, the City of Screven and the City of Odum is among their most valued and important assets and that the preservation of this heritage is essential to the promotion of 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.

In order to provide for the designation, protection, preservation and rehabilitation of historic properties and historic districts and to participate in federal or state programs to do the same.

The Chairman and Commission of the County of Wayne, and the Mayor and Council of the Cities of Jesup, Screven and Odum hereby declare it to be the purpose and intent of this article to establish a uniform procedure for use in providing for the protection, enhancement, perpetuation and use of places, districts, sites, buildings, structures, objects, landscape features and works of art having a special historical, cultural or aesthetic interest or value, in accordance with the provisions of this article.
(Ord. of 1-5-93, § I)

Sec. 21-22. Definitions.

[For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:]

Appropriate governing bodies means jurisdictional location of historic properties; location of property will determine which governing body has jurisdiction. Location outside of the city limits of Jesup, Screven and Odum places historic property under the jurisdiction of the County Commission of the County of Wayne; location of property within the city limits of the City of Jesup places the property under the jurisdiction of the City Commission of the City of Jesup; location of property within the city limits of the City of Screven places the property under the jurisdiction of the City Council of the City of Screven; location of property within the city limits of the City of Odum places the property under the jurisdiction of the Council of the City of Odum.

Certificate of appropriateness means a document evidencing approval by the historic preservation board of an application to make a material change in the appearance of a designated historic property or of a property located within a designated historic district.

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

Exterior environmental features means all those aspects of the landscape or the development of a site which affect the historical character of the property.

Historic district means a geographically definable area designated by the chairman and board as an historic district pursuant to the criteria established in section 21-24(b) of this article.

Historic property means an individual building, structure, site, object or work of art including the adjacent area necessary for the property appreciation thereof designated by the chairman and board as an historic property pursuant to the criteria established in section 21-24(c) of this article.

Material change in appearance means a change that will affect either the exterior architectural or environmental features of an historic property or any building, structure, site, object, landscape, feature or work of art within an historic district such as:

(1) A reconstruction or alteration of the size, shape or facade of an historic property, including relocation of any doors or windows or removal or alteration of any architectural features, details or elements;

(2) Demolition or relocation of an historic structure;

(3) Commencement of excavation for construction purposes;

(4) A change in the location of advertising visible from the public right-of-way; or

(5) The erection, alteration, restoration or removal of any building or other structure within an historic property or district, including walls, fences, steps and pavements, or any other appurtenant features.
(Ord. of 1-5-93, § II)

Sec. 21-23. Creation of an historic preservation board.

(a) Creation of the board. There is hereby created a board whose title shall be "Wayne County Preservation Board" (hereinafter "board").

(b) Board position with the County of Wayne Government and the Governments of the Cities of Jesup, Screven and Odum. The board shall be part of the planning functions of the County of Wayne, and the Cities of Jesup, Screven and Odum.

(c) Board members; number, appointment and compensation. The board shall consist of nine members, four from the City of Jesup, three from the County of Wayne, and one each from the Cities of Screven and Odum, all being residents of the County of Wayne and shall be persons who have demonstrated special interest, experience or education in history, architecture or the preservation of historic resources. Members shall not receive a salary, although they may be reimbursed for expenses.

(d) Statement of the board's power. The board shall be authorized to:

(1) Prepare and maintain an inventory of all property within the County of Wayne and the Cities of Jesup, Screven and Odum, having the potential for designation as historic property;

(2) Recommend to the appropriate local government body specific places, districts, sites, buildings, structures, objects or works of art to be designated by ordinance as historic properties or historic districts;

(3) Review applications for certificates of appropriateness, and grant or deny same in accordance with the provisions of this article;

(4) Recommend to the appropriate governing body that the designation of any place, district, site, building, structure, objects or works of art as an historic property or as an historic district be revoked or removed;

(5) Restore or preserve any historic properties acquired by the County of Wayne, the City of Jesup, the City of Screven and/or the City of Odum;

(6) Promote the acquisition by the County of Wayne, the City of Jesup, the City of Screven, or the City of Odum of facade easements and conservation easements in accordance with the provisions of the "Facade and Conservation Easements Act of 1976" (O.C.G.A. §§ 44-10-1--44-10-5);

(7) Conduct educational programs on historic properties located within the county and on general historic preservation activities;

(8) Make such investigations and studies of matters relating to historic preservation including consultation with historic preservation experts, the Wayne County Commission, any Jesup City Commissioner, any Screven City Commissioner, any Odum City Commissioner or the board itself may, from time to time, deem it necessary or appropriate for the purposes of preserving historic resources;

(9) Seek out local, state, federal and private funds for historic preservation, and make recommendations to the appropriate governing body concerning the most appropriate uses of any funds acquired;

(10) Submit to the office of historic preservation of the department of natural resources a list of historic properties or historic districts designated;

(11) Perform historic preservation activities as the official agency of the county historic preservation program;

(12) Employ persons, if necessary, to carry out responsibilities of the board;

(13) Receive donations, grants, funds or gifts of historic property and acquire and sell historic properties. The board shall not obligate the County of Wayne, the City of Jesup, the City of Screven, or the City of Odum without prior consent;

(14) Review and make comments to the office of historic preservation of the department of natural resources concerning the nomination of properties within its jurisdiction to the National Register of Historic Places; and

(15) Participate in private, state and federal historic preservation programs and with the consent of the appropriate governing body enter into agreement to do the same.

(e) Board's power to adopt rules and standards. The board shall adopt rules and standards for the transaction of its business and for consideration of applications for designation and certificates of appropriateness, such as by-laws, removal of membership provisions, and design guidelines and criteria. The board shall have the flexibility to adopt rules and standards without amendment to this article. The board shall provide for the time and place of regular meetings and a method for the calling of special meetings. The board shall select such officers as it deems appropriate from among its members. A quorum shall consist of a majority of the members.

(f) Conflict of interest. At any time the board reviews a project in which a member of the board has ownership or other vested interest, that member will be forbidden from presenting, voting or discussing the project, other than answering a direct question.

(g) Board's authority to receive funding from various sources. The board shall have the authority to accept donations and shall ensure these funds do not displace appropriated governmental funds.

(h) Records of board meetings. A public record shall be kept of the board's resolutions, proceedings and actions.
(Ord. of 1-5-93, § III)

Sec. 21-24. Recommendation and designation of historic districts and properties.

(a) Preliminary research by board.

(1) Mandate to conduct a survey of local historical resources. The board shall compile and collect information and conduct surveys of historic resources within the County of Wayne and the Cities of Jesup, Screven and Odum.

(2) Power to recommend districts and buildings to county commission for designation. The board shall prevent to the appropriate governing body recommendations for historic districts and properties.

(3) Documentation of proposed designation. Prior to the board's recommendation of an historic district or historic property to the county commission for designation, the board shall prepare a report consisting of:

a. A physical description;

b. A statement of historical, cultural, architectural and/or aesthetic significance;

c. A map showing district boundaries and classification (i.e., contributing, noncontributing, intrusion) 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 an historic district.

(1) Criteria for selection of historic districts. An historic district is a geographically definable area, which contains structures, sites, objects, landscape features and works of art, or a combination thereof, which:

a. Have special character or special historic/aesthetic value or interest;

b. Represent one or more periods, styles or types of architecture typical of one or more eras in the history of the municipality, county, state or region; and

c. Cause such area, by reason of such factors, to constitute a visibility perceptible section of the municipality or county.

(2) Boundaries of an historic district. Boundaries of an historic district shall be included in the separate ordinances designating such districts and shall be shown on the official zoning map.

(3) Evaluation of properties within historic districts. Individual properties within historic districts shall be classified as:

a. Contributing (contributes to the district);

b. Noncontributing (does not contribute but does not detract from the district, as provided for in subsection (b)(1));

c. Intrusion (detracts from the district as provided in subsection (b)(1)).

(1) Criteria for selection of historic properties. An historic property is a building, structure, site, object, work of art, including the adjacent area necessary for the proper appreciation or use thereof, deemed worthy of preservation by reason of value to the County of Wayne, Cities of Jesup, Screven or Odum, State of Georgia, or local region, for one or more of the following reason:

a. It is an outstanding example of a structure representative of its era;

b. It is one of the few remaining examples of past architectural style;

c. It is a place or structure associated with an event or persons of historic or cultural significance to the County of Wayne, State of Georgia, or the region; or

d. It is a site 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 included in the separate ordinances designating such properties and shall be shown on the official zoning map.

(d) Requirements for adopting an ordinance for the designation of historic districts and historic properties.

(1) Application for designation of historic districts or property. Designations may be proposed by the County of Wayne, the City of Jesup, the City of Screven, the City of Odum, the board, or:

a. For historic districts, an historical society, neighborhood association or group of property owners may apply to the board for designation;

b. For historic properties, an historical society, neighborhood association or property owner may apply to the board for designation.

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

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

b. Set forth the name(s) of the owner(s) of the designated property or properties;

c. Require that a certificate of appropriateness be obtained from the board prior to any material change in appearance of the designated property; and

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

(3) Required public hearings. The board and the appropriate governing body shall hold a public hearing on any proposed ordinance for the designation of any historic district or property. Notice of the hearing shall be published in at least three consecutive issues in the principal newspaper of local circulation, and written notice of the hearing shall be mailed by the board to all owners and occupants of such properties. All such notices shall be published or mailed not less than ten nor more than 20 days prior to the date set for the public hearing. 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 article.

(4) Recommendations on proposed designations. A recommendation to affirm, modify or withdraw the proposed ordinance for designation shall be made by the board within 15 days following the public hearing and shall be in the form of a resolution to the county.

(5) Appropriate governing body action on board recommendation. Following the receipt of the board's recommendation, the appropriate governing body may adopt the ordinance with any amendments it deems necessary, or reject the ordinance.

(6) Notification of office of historic preservation. No less than 30 days prior to making a recommendation on any ordinance designating a property or district as historic, the board must submit the report, required in section 21-24(a)(3) to the office of historic preservation section of the department of natural resources.

(7) Notification of adoption of ordinances for designation. Within 30 days following the adoption of the ordinance for designation by the appropriate governing body, the owners and occupants of each designated historic property, and the owners and occupants of each structure, site or work of art located within a designated historic district, shall be given written notification of such designation by the appropriate governing body which notice shall apprise such 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 or within the historic district designated. A notice sent via the United States mail to the last-known owner of the property shown on the county tax roll 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 article.

(8) Notification of other agencies regarding designation. The board shall notify all necessary agencies with the county of the ordinance for designation, including the local historical organization.

(9) Moratorium on applications for alteration or demolition while ordinance for designation is pending. If an ordinance for designation is being considered, the board shall have the power to freeze the status of the involved property.
(Ord. of 1-5-93, § IV)

Sec. 21-25. Application to preservation board for certificate of appropriateness.

(a) Approval of alterations or new construction in historic districts or involving historic properties. After the designation by ordinance of an historic property or historic district, no material change in the appearance of such historic property, or of a structure, site, object or work of art within such historic district, shall be made or be permitted to be made by the owner or occupant thereof, unless or until the application for a certificate of appropriateness has been submitted to and approved by the board.

(b) Approval of new construction within designated districts. The board shall issue certificates of appropriateness to new structures constructed within designated historic districts if these structures conform in design, scale, building materials, setback and landscaping to the character of the district specified in the design criteria developed by the board.

(c) Guidelines and criteria for certificates of appropriateness. When considering applications for certificates of appropriateness to existing buildings, the secretary of the interior's "Standards for Historic Preservation Projects" including the secretary's "Standards for Rehabilitation" shall be used as a guideline along with any other criteria adopted by the board.

(d) Submission of plans to board. An application for a certificate of appropriateness shall be accompanied by such drawings, photographs, plans or other documentation as may be required by the board. Applications involving demolition or relocation shall be accompanied by post-demolition or relocation plans for the site.

(e) Acceptable board reaction to applications of certificate of appropriateness.

(1) The board shall approve 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 value of the historic property or the historic district. In making this determination, the board shall consider, in addition to any other pertinent factors, the historical and architectural value and significance, architectural style, general design arrangement, texture and material of the architectural features involved, and the relationship thereof to the exterior architectural style, and pertinent features of the other structures in the immediate neighborhood.

(2) The board shall deny a certificate of appropriateness if it finds that the proposed material change(s) in appearance would have substantial adverse effect on the aesthetic, historic or architectural significance and value of the historic property or the historic district.

(f) Public hearings on applications for certificates of appropriateness, notices and right to be heard. At least seven days prior to review of a certificate of appropriateness, the board 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 board deems it necessary, it may hold a public hearing concerning the application.

(g) Interior alterations. In its review of applications for certificates of appropriateness, the board shall not consider interior arrangement or use having no effect on exterior architectural features.

(h) Technical advice. The board shall have the power to seek technical advice from outside its members on any application.

(i) Deadline for approval or rejection of application for certificate of appropriateness.

(1) The board shall approve or reject an application for a certificate of appropriateness within 45 days after the filing thereof by the owner or occupant of an historic property, or of a structure, site, object or work of art located within an historic district. Evidence of approval shall be by a certificate of appropriateness issued by the board. Notice of the issuance or denial of a certificate of appropriateness shall be sent by United States mail to the applicant and all other persons who have requested such notice in writing filed with the board.

(2) Failure of the board to act within said 45 days shall constitute approval, and no other evidence of approval shall be needed.

(j) Necessary actions to be taken by board upon rejection of application for certificate of appropriateness.

(1) In the event the board 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 board may suggest alternative courses of action it thinks proper if it disapproves of the application submitted. The applicant, if he or she 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 which would require the issuance of a building permit, the rejection of the application for a certificate of appropriateness by the board shall be binding upon the building inspector or other administrative officer charged with issuing building permits and, in such a case, no building permit shall be issued.

(k) Undue hardship. Where, by reason of unusual circumstances, the strict application of any provision of this article would result in the exceptional practical difficulty or undue hardship upon any owner of a specific property, the board, 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, so as to relieve such difficulty or hardship; provided such variances, modifications or interpretations shall remain in harmony with the general purposes 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 board may impose such reasonable and additional stipulations and conditions as will, in its judgment, best fulfill the purpose of this article. Any undue hardship shall not be a situation of the person's own making.

(l) Requirement of conformance with certificate of appropriateness.

(1) All work performed pursuant to an issued certified of appropriateness shall conform to the requirements of such certificate. In the event work is performed not in accordance with such certificate, the board shall issue a cease and desist order and all work shall cease.

(2) The appropriate governing body or the board 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 provision of this article or to prevent any illegal act or conduct with respect to such historic property or historic district.

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

(n) Recording of applications for certificate of appropriateness. The board shall keep a public record of all applications for certificates of appropriateness, and of all the board's proceedings in connection with said application.

(o) Acquisition of property. The board may, where such action is authorized by the appropriate governing body, 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 board relative to the issuance or denial of a certificate of appropriateness may appeal such determination to the appropriate governing body. Any such appeal must be filed with the appropriate governing body (Wayne County to the Wayne County Commission, Jesup to the Jesup City Commission, Screven to the Screven City Council and Odum to the Odum City Council within 15 days of expiration of the 45-day period allowed for board action, section 21-25(i)(1). The appropriate governing body may approve, modify or reject the determination made by the board, if the governing body finds that the board abused its discretion in reaching its decision. Appeals from decisions of the appropriate governing body may be taken to Superior Court of Wayne County in the manner provided by law for appeals from conviction for the County of Wayne ordinance violations.
(Ord. of 1-5-93, § V)

Sec. 21-26. Demolition or relocation of an historic property or properties within an historic district.

(a) Applications for certificates of appropriateness for demolition or relocation. The board shall have the authority to deny certificates of appropriateness for demolition or relocation.

(b) Public hearing. A public hearing shall be scheduled for each application for a certificate of appropriateness for demolition or relocation.

(c) Consideration of post-demolition or post-relocation plans. The board shall not grant certificates of appropriateness for demolition or relocation without reviewing at the same time the post-demolition or post-relocation plans for the site.

(d) Demolition/relocation criteria. Upon receipt of an application for a certificate of appropriateness for demolition or relocation, the board shall use the criteria described in section 21-25(e) of this article to determine whether to deny the application or issue a certificate of appropriateness for demolition or relocation. Any person adversely affected by any determination made by the board in this section shall have the right of appeal as heretofore set forth in subsection 21-25(p).
(Ord. of 1-5-93, § VI)

Sec. 21-27. Maintenance of historic properties and building and zoning code provisions.

(a) Ordinary maintenance or repair. Ordinary maintenance or repair of any exterior architectural or environmental feature in or on an 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 outer appearance thereof, does not require a certificate of appropriateness.

(b) Failure to provide ordinary maintenance or repair. Property owns of historic properties or properties within historic districts shall not allow their buildings to deteriorate by failing to provide ordinary maintenance or repair. The board shall be charged with the following responsibilities regarding deterioration by neglect:

(1) The board shall monitor the condition of historic properties and existing buildings in historic districts to determine if they are being allowed to deteriorate by neglect. Such conditions as broken windows, doors and openings which allow the elements and vermin to enter, then deterioration of exterior architectural features, or the deterioration of a building's structure system shall constitute failure to provide ordinary maintenance or repair.

(2) In the event the board determines a failure to provide ordinary maintenance or repair, the board will notify the owner of the property and set forth the steps which need to be taken to remedy the situation. The owner of such property will have 30 days in which to do this.

(3) In the event that the condition is not remedied in 30 days, the owner shall be punished as provided in section 21-28 of this article and, at the discretion of the appropriate governing body, the board may perform such maintenance or repair as is necessary to prevent deterioration by neglect. The owner of the property shall be liable for the cost of such maintenance and repair performed by the board.

(c) Affirmation of existing building and zoning codes.Nothing in this article shall be construed as to exempt property owners from complying with existing city or county building and zoning codes, nor to prevent any property owner from making any use of his property not prohibited by other statutes, ordinances or regulations.
(Ord. of 1-5-93, § VII)

Sec. 21-28. Penalty.

Violations of any provisions of this article shall be punished in the same manner as provided for punishment of violations of other validly enacted ordinances of Wayne County, the City of Jesup, the City of Screven or the City of Odum.
(Ord. of 1-5-93, § VIII)