HomeMy WebLinkAboutOrdinance No 11-10-116STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 11-10-116
RZII-16
AN ORDINANCE TO AMEND SECTION CHAPTER 64, ARTICLE XVIII, OF THE CITY OF
MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO
AMEND THE HISTORIC PRESERVATION COMMISSION ORDINANCE
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on October 17, 2011 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance relates to Amending Chapter 64, Article XVIII, to amend
various portions of this article including definitions, size of the Historic Preservation
Commission, retaining outside professional help, and reducing the days to transmit decisions to
the Mayor and City Council 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repealed.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 17'h day of October, 2011.
Attest:
Sudie AM Gordon, Cify Clerk
1
Joe Lockwood, ayor
Page 1 of 13
Sec. 64-2451. - 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 essential to the promotion of the health, prosperity, and general welfare of the
people;
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
article 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 article.
(Ord. No. 10-06-65, § 1, 6-25-2010)
Sec. 64-2452. - Definitions.
[The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:]
Application for designation means 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.
Building means any structure with a roof, designed or built for the support, enclosure, shelter, or
protection of persons, animals, chattels, or property of any kind.
Certificate of appropriateness means 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.
Certificate of endorsement means a document evidencing support of a material change in the
appearance of a property located within an overlay district by the person or board designated within an
overlay district.
Contributing means 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.
Designation means 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.
Design Review Board (DRB) means a Board consisting of seven City of Milton residents, and/or
business owners who review all plans for development in the City, except for single family residences for
compliance with the standards of the Zoning Ordinance prior to the approval of a building permit, primary
variance and land disturbance permit and for both the residential and nonresidential structures for a
demolition pen -nit.
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Exterior architectural features means 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.
Exterior environmental features means all aspects of the landscape or the development or
appearance of a site which affect the historical character of the property.
Historic means belonging to the past; of what is important or famous in the past; A historic resource
should be at least 50 years old, and should retain a high degree of integrity that is comprised of seven
qualities: location, design, setting, materials, workmanship, feeling, and association.
Historic district means 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 aesthetic 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 subsection 64-2454(b) of this article.
Historic property means an individual building, structure, site, or object designated by the Milton
City Council as a historic property pursuant to the criteria established in subsection 64-2454(c) of this article.
Material change in appearance means 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 facade 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;
Demolition or relocation of a historic structure;
Commencement of excavation for construction purposes;
A change in the location or removal of advertising visible from the public right-of-way; or
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.
Non-contributing means a classification applied to an individual property located within a
designated historic district, signifying that the property does not contribute to the distinctive character of the
district. Such properties are subject only to the provisions of this chapter regarding new construction,
including general landscape character, and only when the amount of new construction equals or exceeds
twenty-five percent (25%) of the land area or building ground floor area of the property at the time of its
identification as noncontributing.
Non -historic means the resource does not meet the criteria for local landmark designation and
therefore does not have potential for designation.
Object means 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.
Page 3 of 13
Site means 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
of archeological value regardless of the value of any existing structure.
Structure means a work of interdependent and inter -related parts in a definite pattern of
organization. A manmade object; it may be large or small in scale.
(Ord. No. 10-06-65, § 11, 6-25-2010)
Sec. 64-2453. - Creation of a historic preservation commission.
(a)
(b)
(c)
Creation of the historic preservation commission. There is hereby created a commission whose title
shall be "Milton Historic Preservation Commission" (hereinafter ("HPC").
HPC members: Numbers, appointment, terms, and compensation. The HPC shall consist of seven
members appointed by the Milton City Council concurrent with appointing council member's term.
All members shall be residents of the City of Milton and shall be persons who have demonstrated
special interest, experience, or education in history, architectural history, or the preservation of
historic resources. 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 an individual is available and willing to serve in the City of Milton, at least one 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.
Statement of the HPC's powers. The HPC shall be authorized to:
(1)
(2)
-(3)
(4)
(5)
(6)
(7)
Prepare and maintain an inventory of all property within the City of Milton having the
potential for designation as historic;
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;
Review applications for Certificates of Appropriateness, and grant or deny same in
accordance with the provisions of this article;
Recommend to the Milton City Council that any designation of a historic property or
historic district be revoked or removed;
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;
Promote the acquisition by the City of Milton of facade 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);
Conduct educational programs on historic properties located within the City of Milton and
on general historic preservation activities;
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(8)
(9)
(e)
(f)
(g)
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;
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;
Recommend to the Milton City Council possible historic resource incentive programs for
their review;
Submit to the Historic Preservation Division of the Georgia Department of Natural
Resources a list of designated historic properties or historic districts;
Perform historic preservation activities as the official agency of the Milton Historic
Preservation Program;
Retain persons with professional expertise to carry out specific tasks, as needed, subject
to approval by the Milton City Council;
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;
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;
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.
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.
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.
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.
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.
Page 5 of 13
(Ord. No. 10-06-65, § 111, 6-25-2010)
Sec. 64-2454. - Recommendation and designation of historic properties.
(a)
(b)
Preliminary research by HPC.
(1)
HPC's mandate to conduct a survey of local historical resources: The HPC shall compile
and collect information on historic resources with the City of Milton. Records shall be
stored in the City of Milton storage area.
(2)
(3)
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.
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.
b.
A detailed physical description of the proposed historic property or historic
district; and
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,
noncontributing) of individual properties therein, or showing boundaries of
individual properties; and
d.
e.
A statement justifying the boundaries of the proposed property or district; and
Representative photographs of the proposed property or district.
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 geographically but linked by association or history. A
historic district is 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.
31
C.
It possesses an outstanding example of structures representative of its era; or
It contains the few remaining examples of a past architectural style or type over
50 years old; or
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
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(c)
-(d)
(2)
(3)
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.
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.
Evaluation of properties within historic districts: individual properties within historic districts
shall be classified as:
a.
Q
Contributing (contributes to the district); or
Noncontributing (Does not contribute to the district as provided for in subsection
(b)(1) of this section).
Designation of historic property.
(1)
(2)
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
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.
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.
Requirement for adopting an ordinance for the designation of historic districts and historic
properties.
(1)
(2)
Application for designation of historic districts or properties: Proposals may be submitted
by the Milton City Council, via majority vote, or by the HPC via a majority of that
commission, or:
a.
b.
For historic districts—A historical society, neighborhood association, or the
owners of a group of properties;
For historic properties—A historical society, neighborhood association, or the
property owner.
Page 7 of 13
(3)
(4)
(5)
(6)
(7)
(8)
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;
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 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.
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 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 or more than 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 section.
Notification of historic preservation division: No less than 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 subsection 64-2454(a)(3), to the historic preservation
division of the department of natural resources.
Recommendations on proposed designations: A recommendation to affirm, modify or
withdraw the proposed ordinance for designation shall be made by the HPC within 15
days following the joint public hearing and shall be in the form of a resolution to the Milton
City Council.
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.
Notification of adoption of ordinance for designation: Within 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 Milton City Council, which notice shall apprise said
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 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 article.
Notification of other agencies regarding designation: The HPC shall notify all necessary
agencies within the City of Milton of the ordinance for designation.
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(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 45 days of the permitting division
denying a building permit based on the moratorium.
(Ord. No. 10-06-65, § IV, 6-25-2010)
Sec. 64-2455. - Application to HPC or DRB for certificate of appropriateness or
endorsement.
(a)
(f)
Approval of material change 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 noncontributing building, structure, site or object within
such historic district shall occur or be permitted to be made by the owner or occupant thereof
unless or until the application and approval of a certificate of appropriateness or endorsement.
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 endorsement for noncontributing 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 or endorsement. The
DRB shall be informed of any pertinent information as it relates to the historic district in which said
structure is located.
A certificate of appropriateness shall be required before construction can begin even in cases
where a building permit is not required.
Submission of plans to HPC. An application for a certificate of appropriateness shall be
accompanied by drawings, photographs, plans and documentation required by the HPC.
Interior alterations. In its review of applications for certificates of appropriateness the HPC shall not
consider interior arrangement or use having no effect on exterior architectural features.
Technical advice. The HPC shall have the power to seek technical advice from outside its members
on any application.
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 published notice shall be provided in the same manner and
time frame as notices as required by the Georgia Zoning Procedures Law.
The HPC shall provide the property owner and/or applicant an opportunity to be heard at the
certificate of appropriateness hearing.
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.
(1)
The HPC 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
Page 9 of 13
(g)
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.
b.
C.
Reconstruction, alteration, new construction or renovation: Whether the proposed
actions conform in design, scale, building material, setback and site features and
to the United States Secretary of the Interior's Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings.
Relocation:
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.
Demolition:
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, 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.
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 provisions, so as
to relieve such difficulty or hardship; provided such variances, modifications, interpretations shall
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(h)
Z
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 article.
An undue hardship shall not be a situation of the person's own making.
Deadline for approval or rejection of application for certificate of appropriateness.
(1)
(2)
The HPC shall approve or reject an application for a certificate of appropriateness within
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.
Should the HPC fail to approve or reject an application for certificate of appropriateness
within 45 days the application shall be deemed automatically approved.
Necessary action to be taken by HPC upon rejection of application for certificate of
appropriateness.
(1)
(2)
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.
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.
Requirement of conformance with certificate of appropriateness.
(1)
(2)
All work performed pursuant to an issued certificate of appropriateness shall conform to
the requirements of such certificate. In the event work is performed not in accordance with
such certificate, the HPC may request that the city obtain a cease and desist order from
the appropriate tribunal and all work shall cease.
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.
Certificate of appropriateness void if construction not commenced.
(1)
(2)
A Certificate of appropriateness shall become void unless construction has commenced
within six months of date of issuance.
A certificate of appropriateness shall expire after 18 months unless said certificate is
renewed. A certificate may be renewed for a single 18 -month period. A renewal must be
sought prior to the expiration of the original certificate.
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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 15 days after the
issuance of the determination pursuant to subsection (g) of this section. The Milton City Council
may approve, modify, or reject the 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.
(Ord. No. 10-06-65, § V, 6-25-2010)
Sec. 64-2456. - Maintenance of historic properties; Building and zoning code provision.
(a)
(b)
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.
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 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)
(3)
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 30 days in which to do this. A
building permit may be required to accomplish the necessary remedial measures.
In the event that the condition is not remedied in 30 days, the owner shall be sanctioned
as provided in section 64-2457 of this article 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. Nothing in this article shall be construed as to
exempt property owners from complying with existing city or county building and zoning codes.
(Ord. No. 10-06-65, § Vl, 6-25-2010)
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Sec. 64-2457. - Penalty provisions.
A person, firm, corporation or other entity commits an offense if he/she/it violates this article. 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 article:
(1)
(2)
(3)
(4)
The same penalties as set forth in the zoning chapter of the city for all violations of
requirements set forth in the said zoning chapter; or
The penalties set forth in chapter 12 of the Code of Ordinances of the city for nonzoning
violations.
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 article, shall be applicable to the site where the structure or property was
formerly located:
a.
b.
C.
0
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 years after the date of such
demolition or removal.
No permits shall be issued by the city for any curb cuts on the site for a period of
five years from and after the date of such demolition or removal.
No parking lot for vehicles shall be operated whether for remuneration or not on
the site for a period of five years from and after the date of such demolition and
removal.
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 property.
Civil action. As an additional remedy in addition to the penalties stated above, the city
attorney for the City of Milton or his or her designee shall have the power to take all
necessary civil action to enforce the provisions hereof and to request appropriate legal or
equitable remedies or relief. (Ord. No. 10-06-65, § VIII, 6-25-2010)
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