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HomeMy WebLinkAboutORDINANCE NO 17 04 313I I I STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 17-04-313 RZ l 7-07 AN ORDINANCE TO AMEND THE SEC . 64-2453, CREATION OF A HISTORIC PRESERVATION COMMISSION (TO ALLOW COMPENSATION OF MEETINGS) OF THE ZONING ORDINANCE. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on April 24, 2017 6:00 p.m. as follows: SECTI ON 1. That the amendment of the Sec. 64-2453, Creation of a Historic Preservation Commission regarding compensation of meetings of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 241h day of April, 2017. Attest: Clerk Page 1 of 3 I I I STATE OF GEORGIA COUNTY OF FULTON Sec. 64-2453. -Creation of a historic preservation commission. ORDINANCE NO. 17-04-313 RZl 7-07 (a) Creation of the historic preservation commission. There is hereby created a commission whose title shall be "Milton Historic Preservation Commission" (hereinafter ("HPC"). (b) HPC members: Numbers, appointment, terms, and compensation. The HPC shall consist of seven members. Each of the individual members of the Milton City Council and the mayor shall appoint a member of the HPC. The terms of individual members shall be two years, or until a new member is appointed to replace them -whichever occurs later, and shall begin on January 1 of each even numbered calendar year. If a member is replaced for any reason, the new member shall serve only the remaining portion of the replaced member's term. There shall be no limit on the number of terms a member may serve on the HPC. Each appointee shall reside anywhere within the limits of the City of Milton, and not be bound to a councilperson's respective council district. To the extent individuals are available and willing to serve in the City of Milton, at least three official, voting HPC members shall be appointed from among professionals in the disciplines of architecture, history, architectural history, planning, archeology, building construction, real property appraisal, or related professions. Milton Historic Preservation Commission members may be reimbursed for the actual and necessary expenses of the Milton Historic Preservation Commission, and may be compensated in the amount of $50.00 for each meeting of the Milton Historic Preservation Commission the member attends. For purposes of this section, the term "meeting" shall have the same meaning as set forth in O.C.G.A. 50-14-1 (a)(3)(A)." (c) Statement of the HPC's powers. Without limiting authority provided elsewhere in this, or any other ordinance, the HPC shall be authorized to: (1) Prepare and maintain an inventory of all property within the City of Milton having the potential for designation as historic; (2) Recommend to the Milton City Council specific districts, sites, buildings, structures, or objects to be designated by ordinance as a historic property or a historic district; (3) Review applications for certificates of appropriateness, and grant or deny same in accordance with the provisions of this article; (4) Recommend to the Milton City Council that any designation of a historic property or historic district be revoked or removed ; (5) Restore or preserve any historic properties acquired by the City of Milton, subject to funding availability and with the prior approval of the Milton City Council; (6) Promote the acquisition by the City of Milton of fagade easements and conservation easements as appropriate, in accordance with the provisions of the Georgia Uniform Conservation Easement Act of 1992 (O.C.G.A. §§ 44-10-1 through 44-10-5); (7) Co duct educational programs on historic properties located within the City of Milton and on general historic preservation activities; (8) Make such investigations and studies of matters relating to historic preservation including consultation with historic preservation experts, as the Milton City Council or the HPC itself may, from time to time, deem necessary or appropriate for the purposes of preserving historic resources; (9) Research local, state, federal, or private funds for historic preservation, and make recommendations to the Milton City Council concerning the most appropriate use of any funds acquired; (10) Recommend to the Milton City Council possible historic resource incentive programs for their review; Page 2 of 3 I I I STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 17-04-313 RZ17-07 (11) Submit to the Historic Preservation Division of the Georgia Department of Natural Resources a list of designated historic properties or historic districts; (12) Perform historic preservation activities as the official agency of the Milton Historic Preservation Program; (13) Retain persons with professional expertise to carry out specific tasks, as needed, subject to approval by the Milton City Council; (14) Receive donations, grants, funds, or gifts of historic property and acquire and sell historic properties provided the Milton City Council has provided prior consent to do so and all state and local laws regarding local government property disposition are followed. The receipt of donations, grants, funds, or gifts shall be accepted only if such acceptance does not violate the City of Milton Code of Ethics; (15) Review and make comments to the Historic Preservation Division of the Georgia Department of Natural Resources concerning the nomination of properties within its jurisdiction to the National Register of Historic Places; (16) Participate in private, state, and federal historic preservation programs and with the approval of the Milton City Council enter into contractual agreements to do the same; (17) Work with a City of Milton Staff member, who will serve as liaison between HPC and mayor and city council. (d) HPC's power to adopt rules and standards. The HPC shall adopt rules and standards for the transaction of business and for consideration of applications for designations and certificates of appropriateness, such as by-laws and design guidelines, not inconsistent with this article. The HPC shall have the flexibility to adopt such rules and standards without amendment to this article. The HPC shall provide for the time and place of regular meetings and a method for the calling of special meetings, consistent with the Georgia Open Meetings Act. The HPC shall select such officers as it deems appropriate from among its members. A quorum shall consist of a majority of voting members. All rules shall be ratified by the Milton City Council before becoming effective. (e) Conflict of interest. The HPC shall be subject to all conflict of interest laws set forth in the Georgia Statutes and in the City of Milton Charter. (f) HPC's authority to receive funding from various sources. The HPC shall have the authority to accept donations on behalf of the City of Milton and shall ensure that these funds do not displace appropriated governmental funds. The HPC shall be subject to and comply with the Milton Ethics Code. (g) Records of HPC meetings. A public record shall be kept of the HPC's resolutions, proceedings, and actions. Reports to the Milton City Council will also be made on a regular and timely basis. (Ord. No. 12-04-133, § 1, 4-23-2012) Page 3 of 3