HomeMy WebLinkAboutORDINANCE NO 10-06-65ORDINANCE NO. 10-06-65
PETITION NO. RZ 09-04
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO CREATE ARTICLE 18 OF THE MILTON ZONING CODE;
TO ESTABLISH A HISTORIC PRESERVATION COMMISSION IN THE CITY OF
MILTON TO PROVIDE FOR DESIGNATION OF HISTORIC PROPERTIES; TO
PROVIDE FOR ISSUANCE OF CERTIFICATES OF APPROPRIATENESS; TO
PROVIDE FOR AN APPEALS PROCEDURE; TO REPEAL CONFLICTING
ORDINANCES: AND FOR OTHER PURPOSES
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in
regular session on June 25, 2010 at 6:00 p.m. as follows:
Section I
Purpose
In support and furtherance of its findings and determination that the
historical, cultural, and aesthetic heritage of the City of Milton, Georgia is among
its most valued and important assets and that the preservation of this heritage is
OW" essential to the promotion of the health, prosperity, and general welfare of the
people;
`m In order to maintain historic structures and to protect and enhance local
historical and aesthetic attractions to residents and tourists and thereby promote
and stimulate business;
In order to enhance the opportunities for federal or state tax benefits under
relevant provisions of federal or state law; and
In order to provide for designation, protection, preservation, and
rehabilitation of historic properties and to participate in federal or state programs
to do the same;
The Milton City Council, Milton, Georgia hereby declares it to be the
purpose and intent of this Ordinance to establish a uniform procedure for use in
providing for the identification, protection, enhancement, perpetuation, and use of
places, properties, sites, buildings, structures, objects, and landscape features
having special historical, cultural, archeological, or aesthetic interest or value, in
accordance with the provisions of the Ordinance.
Section II
Definitions
loom
A. "Application
for Designation" - A formal
request in
writing in
a form
specified by
the Historic Preservation
Commission
that the
Historic
Preservation Commission consider a property for possible designation as
a historic property or historic district.
B. "Buildi ng" - Any structure with a roof, designed or built for the support,
enclosure, shelter, or protection of persons, animals, chattels, or property
of any kind.
C. "Certificate of Appropriateness" - A document evidencing approval by the
Historic Preservation Commission 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.
D. "Designation" - A decision by the City of Milton to designate a property as
a "historic property" or as a "historic district" and thereafter prohibit all
material change in appearance of such property or within such district prior
to the issuance of a certificate of appropriateness by the Historic
Preservation Commission of the City of Milton.
E. "Exterior Architectural Features" - The architectural style, general design,
and general arrangement of the exterior of a building, structure, or object,
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.
F. "Exterior Environmental Features" - All aspects of the landscape or the
development or appearance of a site which affect the historical character
of the property.
G. "Historic District" - A geographically definable area, urban or rural,
possessing a significant concentration, linkage, or continuity of sites,
buildings, structures, works of art, or objects, or a combination thereof,
which (1) have special character or special historical or esthetic interest or
value; (2) represent one or more periods or styles or architecture typical of
one or more eras in the history of Milton, Fulton County, Georgia, or the
Nation; and (3) cause such area, by reason of such factors, to constitute a
visibly perceptible section of the city of Milton. A district may also comprise
individual elements separated geographically but linked by association or
history. A Historic District shall further mean an area designated by the
Milton City Council as a Historic District pursuant to the criteria established
in Section IV (B) of this Ordinance.
H. "Historic Property" - An individual building, structure, site, or object
designated by the Milton City Council as a Historic Property pursuant to
P-* the criteria established in Section IV (C) of this Ordinance.
NA
mom I. "Material Change in Appearance" - A change that will affect the exterior
architectural or environmental features of a historic property or any
building, structure, site, object, or landscape feature within a historic
district, such as:
1. A reconstruction or alteration of the size, shape, or fagade of a
historic property, including but not limited to, relocation of any doors
or windows or removal or alteration of any architectural features,
details, or elements;
2. Demolition or relocation of a historic structure;
3. Commencement of excavation for construction purposes;
4. A change in the location or removal of advertising visible from the
public right-of-way; or
5. The erection, alteration, restoration, or removal of any building or
structure within a historic property or district, including but not
limited to walls, fences, steps and pavements, or other appurtenant
features, except exterior paint alterations.
WON J. "Object' - A material thing of functional, aesthetic, cultural, historical, or
scientific value that may be, by nature or design, movable yet related to a
specific setting or environment.
K. "Site" - The location of a significant event, a prehistoric or historical
occupation or activity, or a building or structure, whether standing, ruined,
or vanished where the location itself maintains historical or archeological
value regardless of the value of any existing structure.
L. "Structure" - A work of interdependent and inter -related parts in a definite
pattern of organization. A man-made object; it may be large or small in
scale.
II Section III
Creation of a Historic Preservation Commission
i
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 (7) members appointed by the Milton City
Council with each appointing one member whose term will be three (3)
years, but shall be subject to reappointment for concurrent terms. All
3
members shall be residents of the City of Milton and shall be persons who
have demonstrated special interest, experience, or education in history,
.w architectural history, or the preservation of historic resources. Each
appointee shall reside anywhere within the city and not be bound to a
Councilperson's respective council district.
One member of the Milton Design Review Board ("DRB"), as designated
by the DRB, shall serve as an ex -officio member of the HPC.
In addition, two (2) ex -officio members may be appointed to the HPC by
majority vote of the HPC and will serve at the discretion of the HPC. These
additional ex -officio members are not required to own property in the City
limits, and do not need to be residents of the City of Milton, but have
expressed interest in the surrounding communities and are regarded as
valuable sources of information by consensus of the official members of
the HPC. Ex -officio members of the HPC shall not have voting rights and
shall not be counted for the purpose of determining whether a quorum of
HPC members exists at any HPC meeting.
To the extent an individual is available and willing to serve in the City of
Milton, at least one (1) official, voting HPC member shall be appointed
from among professionals in the disciplines of architecture, history,
architectural history, planning, archeology, building construction, real
—°� property appraisal, or related professions.
HPC members shall not receive a salary, although they may be
reimbursed for expenses with the prior approval of the City Manager.
C. Statement of the HPC's Powers.
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. Consider for approval proposals/recommendations for possible
rezoning of property to the Historic ("H") zoning designation as
provided for in Section IV(D)(2)(a), based on historic value to the
community and otherwise in accord with the requirements of the
Historic ("H") zoning designation in the Milton Zoning Code.
4. Review applications for Certificates of Appropriateness, and grant
own or deny same in accordance with the provisions of this Ordinance;
5. Recommend to the Milton City Council that any designation of a
Ulm historic property or historic district be revoked or removed;
4
6. Restore or preserve any historic properties acquired by the City of
Now Milton, subject to funding availability and with the prior approval of
the Milton City Council;
7. 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 5);
8. Conduct educational programs on historic properties located within
the City of Milton and on general historic preservation activities;
9. 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;
10. 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;
�..., 11. Recommend to the Milton City Council possible historic resource
incentive programs for their review;
12. Submit to the Historic Preservation Division of the Georgia
Department of Natural Resources a list of designated historic
properties or historic districts;
13. Perform historic preservation activities as the official agency of the
Milton historic preservation program;
14. Retain persons with professional expertise to carry out specific
tasks, as needed, subject to funding availability and prior approval
by the Milton City Council;
15. 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;
•WA" 16. Review and make comments to the Historic Preservation Division of
the Georgia Department of Natural Resources concerning the
5
i
Won nomination of properties within its jurisdiction to the National
Register of Historic Places;
17. 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; and
18. Recommend to the Milton City Council such sites, buildings,
structures, or objects that shall be considered a "Historical Site of
Interest" and by Milton City Council resolution shall adopt such
designation. The Milton City Council will provide and appropriate
historical marker to be displayed at the designated site.
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 Ordinance. The HPC shall have the flexibility to adopt such rules
and standards without amendment to this Ordinance. 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 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.
Section IV
Recommendation and Designation of Historic Properties
wow
A. Preliminary Research by HPC.
*2*
Opp" 1. HPC's Mandate to Conduct a Survey of Local Historical Resources:
The HPC shall compile and collect information on historic resources
NNW with the City of Milton. Records shall be stored in the City of Milton
storage area.
2. HPC's Power to Recommend Districts and Buildings to the Milton
City Council for Designation: The HPC shall present to the Milton
City Council recommendations for historic districts and properties.
The HPC shall consider for approval proposals/recommendations
for possible rezoning of property to the Historic ("H") zoning
designation as provided for in Section IV(D)(2)(a), based on historic
value to the community and otherwise in accord with the
requirements of the Historic ("H") zoning designation in the Milton
Zoning Code.
3. HPC's Documentation of Proposed Designation: Prior to the HPC's
recommendation to the Milton City Council of a property or district
for historic designation, the HPC shall prepare a Report for
Nomination consisting of:
a. A detailed physical description of the proposed historic property
or historic district; and,
„ b. A statement of the historical, cultural, architectural, and/or
aesthetic significance of the proposed historic property or historic
district; and
c. A map showing district boundaries and classification (i.e.,
contributing, non-contributing) of individual properties therein, or
showing boundaries of individual properties; and
d. A statement justifying the boundaries of the proposed property or
district; and
e. Representative photographs of the proposed property or district.
B. Designation of Historic District.
1. Criteria for Selection of Historic Districts: A historic district is a
geographically definable area, urban or rural, possessing a
significant concentration, linkage, or continuity of sites, buildings,
structures, works of art, or objects, or a combination thereof, which
(1) have special character or special historical or esthetic interest or
value; (2) represent one or more periods or styles or architecture
typical of one or more eras in the history of Milton, the State of
Georgia, or the Nation; and (3) cause such area, by reason of such
factors, to constitute a visibly perceptible section of the city of
Milton. A district may also comprise individual elements separated
too geographically but linked by association or history. A Historic
District is deemed worthy of preservation by reason of value to the
7
Nation, the State of Georgia, or the City of Milton for one or more of
the following reasons:
a. It possesses an outstanding example of structures representative
of its era; or
b. It contains the few remaining examples of a past architectural
style or type over fifty (50) years old; or
c. It is a place associated with an event or persons of historic or
cultural significance to the City of Milton, State of Georgia, or the
region; or
d. It is the site of natural, archeological, or aesthetic interest that
contributes to the cultural or historical development and heritage of
the municipality, county, State, or region.
2. Boundaries of a Historic District: Boundaries of a Historic District
shall be included in the separate ordinances designating such
districts and shall be shown on the Official Zoning Map of the City of
Milton, Georgia.
3. Evaluation of Properties with Historic Districts: Individual properties
within historic districts shall be classified as:
P. a. Contributing (contributes to the district); or
b. Non -Contributing (Does not contribute to the district as provided
for in IV (B) (1) of this Ordinance).
C. Designation of Historic Property.
1. Criteria for Selection of Historic Properties: An individual building,
structure, site or object deemed worthy of preservation by reason of
value to the Nation, the State of Georgia, or the City of Milton for one
or more of the following reasons:
a. It is an outstanding example of a structure representative of its
era; or
b. It is one of the few remaining examples of a past architectural
style or type over fifty (50) years old; or
c. It is a place associated with an event or persons of historic or
cultural significance to the City of Milton, State of Georgia, or the
region; or
d. It is the site of natural, archeological, or aesthetic interest that
contributes to the cultural or historical development and heritage of
the municipality, county, State, or region.
8
2. No building, structure, site or object shall be eligible to be
designated as a Historic Property unless it existed on the same
property since the incorporation of the City of Milton.
D. `Historic' (H) Zoning Designation
1. Purpose: This base zoning designation allows for a historic
property to be used, protected, renovated and preserved. It may allow a specific,
previous use to continue in a structure where that use would be considered non-
conforming as defined in the Milton Zoning Code. Creation of the Historic ("H")
zoning designation shall be in accord with the ordinary procedures and processes
for zoning district creation in the City of Milton, and the final decision regarding
the components and uses authorized by and in the Historic ("H") zoning district
shall remain exclusively with the Milton City Council.
2. Approval process:
a. Designation is proposed per Section IV (E)(1) followed by formal
approval of the HPC, except that when the proposal originates in the HPC or the
Milton City Council no additional HPC approval shall be required prior to
commencement of the formal zoning process;
b. The property owner shall follow the process for rezoning as
established by Article 28 of the Zoning Ordinance.
Own E. Requirement for Adopting an Ordinance for the Designation of Historic
bb" Districts Historic Properties and Historic Zoning.
1. Application for Designation of Historic Districts, Properties or
Historic Zoning - Designations may be proposed by the Milton City
Council, via majority vote, or by the HPC via a majority of that
Commission, or:
a. for Historic Districts - a historical society, neighborhood
association, or the owners of a group of properties;
b. for Historic Properties - a historical society, neighborhood
association, or the property owner;
c. for a Historic Zoning Designation - a historical society,
neighborhood association, or the property owner.
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 describes the
proposed individual historic property;
WPM b. set forth the name(s) of the owner(s) of the designated property
or properties;
am
9
c. require that a Certificate of Appropriateness be obtained from the
loo" HPC 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 of the City of Milton, Georgia and kept as a public
record to provide notice of such designation.
3. Require Public Hearings: The HPC and the Milton City Council shall
hold a joint public hearing at a special or regular HPC meeting on
any proposed ordinance for the designation of any historic district or
property. Notice of the hearing shall be published in at least three
(3) consecutive issues of the newspaper utilized by Milton as the
legal organ, and written notice of the hearing shall be mailed not
less than ten (10) or more than twenty (20) days prior to the date
set for the public hearing. A notice sent via the United States mail to
the last -known owner of the property shown on the City of Milton tax
digest and a notice sent via attention of the occupant shall
constitute legal notification to the owner and occupant under this
Ordinance.
4. Notification of Historic Preservation Division: No less than thirty (30)
days prior to making a recommendation on any ordinance
designating a property or district as historic, the HPC must submit
the report, required in Section IV (A)(3), to the Historic Preservation
Division of the Department of Natural Resources.
5. Recommendations on Proposed Designations: A recommendation
to affirm, modify or withdraw the proposed Ordinance for
Designation shall be made by the HPC within fifteen (15) days
following the joint Public Hearing and shall be in the form of a
resolution to the Milton City Council.
6. Milton City Council Action on the HPC's Recommendation:
Following receipt of the HPC recommendation, the Milton City
Council may adopt the Ordinance for Designation as proposed, may
adopt the ordinance with any amendments it deems necessary, or
reject the ordinance.
7. Notification of Adoption of Ordinance for Designation: Within thirty
(30) days following the adoption of the Ordinance for Designation
by the Milton City Council, the owners and occupants of each
designated historic property, and the owner(s) and occupants of
each building, structure, or site located within a designated historic
district, shall be given written notification of such designation by the
won Milton City Council, which notice shall apprise said owners and
occupants of the necessity of obtaining a Certificate of
mom Appropriateness prior to undertaking any material change in
10
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 City of Milton tax
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 Ordinance.
8. Notification of Other
Agencies
gardiw thi gthDeeCgy of Milt n oHthHPC
shall notify all necessaa
necessary agencies
Ordinance for Designation.
9. Moratorium on Applications for Alteration or Demolition While
Ordinance for Designation is pending: If an Ordinance for
Designation is being considered, the HPC shall notify the permitting
division of the Community Development Department. No permit of
any kind shall be issued for work which would constitute a material
change in the appearance of a structure, site, or landscaping within
the designated area until the proposed Ordinance is enacted or
rejected by the City Council. The HPC must recommend via
resolution an Ordinance for Designation to the City Council within
60 days of the permitting division denying a building permit based
on the moratorium.
Section V
Application to HPC for Certificate of Appropriateness
A. Approval of Material Chance in Appearance Involving Historic Properties.
After the designation by ordinance of a historic property or of a historic
district, no material change in the appearance of such historic property, or
of a contributing or non-contributing occur be IIding, structure, site permitted to be maderobject by the ownhin
er
such historic district shallp application and approval of a
or occupant thereof unless or until the app
Certificate of Appropriateness. Certificates of Appropriateness for material
changes in historic properties and material changes to contributing
buildings, structures, sites, or objects in historic districts shall be issued by
the HPC in accord with the process set forth below. A Certificate of
Appropriateness for non-contributing buildings, structures, sites or objects
within a historic district shall be considered by the DRB after a public
hearing and otherwise in accord with ordinary and normal DRB processes
and procedures. A Building Permit shall not be issued without a Certificate
of Appropriateness.
A Certificate of Appropriateness shall be required before construction can
begin even in cases where a building permit is not required.
.p. B. Submission of Plans to HPC.
r
11
An Application for a Certificate of Appropriateness shall be accompanied
by drawings, photographs, plans and documentation required by the HPC.
C. Interior Alterations.
HPC
In its review of applications for Certificates of Appropriateness the
shall not consider interior arrangement or use having no effect on exterior
architectural features.
D. Technical Advice.
The HPC shall have the power to seek technical advice from outside its
members on any application.
E. Public Hearings on Applications for Certificates of Appropriateness, Notices
and Right to be Heard.
The HPC shall hold a public hearing at which each proposed Certificate of
Appropriateness is discussed. Notice of the hearing shall be published in
the newspaper utilized by Milton as the legal organ and written notice of
the hearing shall be made by the HPC to all owners and occupants of the
subject property. The written
and
u led nas requce aled byl be r�he Georg a
vided in the
same manner and time frame asnotices
Zoning Procedures Law.
The HPC shall provide the property owner and/or applicant an opportunity
,,M.d to be heard at the Certificate of Appropriateness hearing.
F. Acceptable HPC Response to Applications for Certificates of Appropriateness.
HPC Action: The HPC may (i) approve the application for a Certificate of
Appropriateness as proposed; (ii) approve the Certificate of
Appropriateness with any modifications it deems necessary; or (iii) reject
it.
The HPC shall approvethe
tha pthe proposed material change(s) plication and issue a Certificate n
Appropriateness if it finds
the appearance would not have a substantial adverse effect on the
aesthetic, historic, or architectural significance and value of the
historic property or the historic district. In making this determination,
the HPC shall consider, in addition to any other pertinent factors,
the following criteria:
a. Reconstruction, Alteration, New Construction or Renovation:
Whether the proposed actions conform in design, scale,
building material, setback and site features and to the United
mom States Secretary of the Interior's Standards for Rehabilitation
and Guidelines for Rehabilitating Historic Buildings.
1
12
i
b. Relocation:
1. The historic character and aesthetic interest of the
building, structure, or object contributes to its present
setting;
2. Whether there are definite plans for the area to be
vacated and what the effect of those plans on the character
of the surrounding area will be;
3. Whether the building, structure, or object can be moved
without significant damage to its physical integrity;
4. Whether the proposed relocation area is compatible with
the historical and architectural character of the building,
structure, site, or object.
c. Demolition:
1. The historic, scenic, or architectural significance of the
building, structure, site, or object;
2. The importance of the building, structure, site, or object to
the ambiance of the area;
"� 3. The difficulty or impossibility of reproducing such a
building, structure, site, or object because of its design,
NkI.M texture, material, detail, or unique location;
4. Whether the building, structure, site, or object is one of
the last remaining examples of its kind in the neighborhood
or the City;
5. Whether there are definite plans for use of the property if
the proposed demolition is carried out, and what the effect of
those plans on the character of the surrounding area would
be;
6. Whether reasonable measures can be taken to save the
building, structure, site, or object from collapse;
7. Whether the building, structure, site, or object is capable
of earning reasonable economic return on its value.
G. Undue Hardship.
When, by reason of unusual circumstances, the strict application of any
provision of the Ordinance would result in the exceptional practical difficulty
or undue economic hardship upon any owner of a specific property, the
Commission, in passing upon applications, shall have the power to
recommend to the Milton Mayor and City Council to vary or modify strict
13
,W-0 provisions, so as to relieve such difficulty or hardship; provided such
variances, modifications, 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 Milton Mayor and City
Council may impose such reasonable and additional stipulations and
conditions as will, in its judgment, best fulfill the purpose of this Ordinance.
An undue hardship shall not be a situation of the person's own making.
H. Deadline for Approval or Rejection of Application for Certificate of
Appropriateness.
1. The HPC shall approve or reject an application for a Certificate of
Appropriateness within forty-five (45) days after the filing thereof by the
owner or occupant of a historic property, building, structure or site.
Evidence of approval shall be by a Certificate of Appropriateness issued
by the HPC. Notice of the issuance or denial of a Certificate of
Appropriateness shall be sent by United States certified mail to the
applicant and all other persons who have requested such notice in writing
filed with the HPC.
2. Should the HPC fail to approve or reject an Application for Certificate of
Appropriateness within forty-five (45) days the application shall be
deemed automatically approved.
I. Necessary Action to be Taken by HPC upon Rejection of Application for
Certificate of Appropriateness.
1. In the event the HPC 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 HPC 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 making said
modifications.
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 HPC 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.
J. Reauirement of Conformance with Certificate of Appropriateness.
1. All work performed pursuant to an issued Certificate of
Rpm Appropriateness shall conform to the requirements of such
certificate. In the event work is performed not in accordance with
is" such certificate, the HPC may request that the City obtain a cease
14
,. and desist order from the appropriate tribunal and all work shall
cease.
"""' 2. The Milton City Council may, of its own initiative or at the request of
the HPC, initiate any appropriate action or proceeding in a court of
competent jurisdiction to prevent any material change in
appearance of a designated historic property, except those changes
made in compliance with the provisions of this ordinance or to
prevent any illegal act or conduct with respect to such historic
property.
K. Certificate of Appropriateness Void if Construction not Commenced.
1. A Certificate of Appropriateness shall become void unless
construction has commenced within six (6) months of date of
issuance.
2. A Certificate of Appropriateness shall expire after eighteen (18)
months unless said Certificate is renewed. A Certificate may be
renewed for a single eighteen (18) month period. A renewal must
be sought prior to the expiration of the original Certificate.
.N-. L. Recording an Application for Certificate of Appropriateness.
The HPC shall keep a public record of all applications for Certificate of
Appropriateness, and of all the HPC's proceedings in connection with said
application. These records shall be maintained at City Hall.
M. Acquisition of Property.
The HPC may, where such action is authorized by the Milton City Council
and is reasonably necessary or appropriate for the preservation of a
historic property, enter into negotiations with the owner for the acquisition
by gift, purchase, exchange, or otherwise, to the property or any interest
therein. If property is conveyed based upon the efforts of the HPC, the
property interest shall be conveyed in the name of the City of Milton,
Georgia.
N. Appeals.
Any person adversely affected by any determination made by the HPC
relative to the issuance or denial of a Certificate of Appropriateness may
appeal such determination to the Milton City Council. Any such appeal
.... must be filed with the Milton City Council within fifteen (15) days after the
issuance of the determination pursuant to Section V (G)(1) of this
Ordinance. The Milton City Council may approve, modify, or reject the
15
OWWW determination made by the HPC, if the governing body finds that the HPC
abused its discretion in reaching its decision. Appeals from decisions of
the Milton City Council may be taken to the Superior Court of Fulton
County via a writ of certiorari.
Section VI
Maintenance of Historic Properties and Building and Zoning Code Provision
A. Ordinary Maintenance or Repair.
Ordinary maintenance or repair of any exterior architectural or
environmental feature in or on a historic property to correct deterioration,
decay, 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 owners of historic properties or properties within historic districts
shall not allow their buildings to deteriorate by failing to provide ordinary
maintenance or repair. The HPC shall be charged with the following
responsibilities regarding deterioration by neglect:
1. The HPC shall monitor the condition of historic properties and
existing buildings in historic districts to determine if they are being
■„-d allowed to deteriorate by -neglect. Such conditions as broken
windows, doors and openings which allow the elements and vermin
to enter, and the deterioration of a building's structural system shall
constitute failure to provide ordinary maintenance or repair.
2. In the event the HPC determines a failure to provide ordinary
maintenance or repair, the HPC 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 thirty (30) days in
which to do this. A building permit may be required to accomplish
the necessary remedial measures
3. In the event that the condition is not remedied in thirty (30) days, the
owner shall be sanctioned as provided in Section VII of this
Ordinance and, upon approval of the Milton City Council, the HPC
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 HPC
and shall reimburse the City of Milton for same. In the event
reimbursement does not occur, the Milton City Council shall have
.,. the right to recover same using all available legal means, including
the placement of liens on the property in accordance with law.
C. Affirmation of Existing Building and Zoning Codes.
16
�..... Nothing in this Ordinance shall be construed as to exempt property owners
from complying with existing City or County building and zoning codes.
tam" Section VII
Penalty Provisions
A person, firm, corporation or other entity commits an offense if he/she/it violates
this Ordinance. Each day the offense continues constitutes a separate offense.
The following penalties, which are nonexclusive, and the exercise of one or more
of which shall not preclude exercise of the others, shall be imposed on those
persons or entities found to have violated this ordinance:
A. The same penalties as set forth in the Zoning Ordinance of the City for all
violations of requirements set forth in the said Zoning Ordinance; or
B. The penalties set forth in Chapter 12 of the Code of Ordinances of the City
for non -zoning violations.
C. Restrictions on future development. If a historic property is demolished or
relocated without a Certificate of Appropriateness, or in the event the plans
are changed for the property from which the resource was removed
without approval of the changed plans by the HPC, then the following
restrictions , in addition to any other penalties or remedies set forth in this
Ordinance, shall be applicable to the site where the structure or property
was formerly located:
ftwo
1. No building or other permits will be issued for construction on the
site, with the exception of a permit to restore such structure or
property after obtaining a Certificate of Appropriateness, for a
period of five (5) years after the date of such demolition or removal.
2. No permits shall be issued by the City for any curb cuts on the site
for a period of five (5) years from and after the date of such
demolition or removal.
3. No parking lot for vehicles shall be operated whether for
remuneration or not on the site for a period of five (5) years from
and after the date of such demolition and removal.
4. The owner of the site shall maintain the site in a clean and orderly
state and shall properly maintain all existing trees and landscaping
on the site. When these restrictions become applicable to a
particular site, the building official shall cause to be filed a verified
notice thereof in the Real Property Records of Fulton County and
such restrictions shall then be binding on future owners of the
Owe property.
D. Civil Action. As an additional remedy in addition to the penalties stated
mom above, the City Attorney for the City of Milton or his or her designee shall
17
have the power to take all necessary civil action to enforce the provisions
hereof and to request appropriate legal or equitable remedies or relief.
``"" Section VIII
0
Severability
In the event that any section, subsection, sentence, clause, or phrase of this
Ordinance shall be declared or adjudged invalid or unconstitutional, such
adjudication shall in no manner affect the other sections, sentences, clauses, or
phrases of this Ordinance, which shall remain in full force and effect, as if the
section, subsection, sentence, clause, or phrase so declared or adjudged invalid
or unconstitutional were not originally a part thereof.
18
� ssr
Section IX
Repealer
In the event the provisions of this Ordinance are in conflict with the provisions of any
other City of Milton Ordinance, the provisions of this Ordinance shall prevail.
Section X
Effective Date
This Ordinance shall become effective on ' 2
THEREFORE BE IT RESOLVED, that the Milton City Council does hereby
ordain, resolve and enact the foregoing Ordinance for the City of Milton, Georgia, the
public health, safety and welfare demanding it.
Adopted this
ATTEST:
Sudie AM Gordon, Interim City Clerk
19
APPROVED:
Joe Lockwood y r