Sec. 54-62Designation process

When a building, structure, site, or object appears to meet the criteria outlined in subsection (3) of this section, the following procedures must be undertaken in order to designate a historic property and/or historic district:

(1) Application for designation. Designations may be proposed by the HPC, the mayor and city council, a historical society, a neighborhood association, a group of property owners for the designation of a district as historic, or a property owner for the designation of his or her property as historic.

(2) Recommendation by HPC. The designation of a historic district or historic property may only be considered by the mayor and city council upon the recommendation of the HPC. Upon receipt of the HPC's recommendation and a copy of the historic resource report and analysis of the proposed historic district or historic property under the criteria established in subsection (3) herein, the HPC and the mayor and city council shall schedule a public hearing to consider the proposed designation. The city clerk's office shall provide notice of a public hearing in the same manner as set forth in subsection (3) herein.

(3) Public hearing requirement. The HPC and the mayor and city council will hold a public hearing on any proposed ordinance for the designation of any historic district or property within the city. Per the provisions of the Georgia Historic Preservation Act, O.C.G.A. 44-10-26, notice of the hearing shall be published in at least three consecutive issues of the principle newspaper in local circulation, and written notice of the hearing shall be mailed by the city clerk's office to all owners and occupants of such properties. All such notices shall be published or mailed not less than ten and no more than 20 days prior to the date set for the public hearing. A notice sent via United States mail to the last known owner of the property shown on the Turner 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 chapter.

(4) Mayor and city council action on HPC recommendations. Following the public hearing, the mayor and city council may approve, modify, or disapprove the recommendation. If approved or approved with modifications the mayor and city council may adopt a designation ordinance for the proposed historic district or historic property.

(5) Required components of a designation ordinance. An ordinance designating a historic district or historic property shall:

a. Describe the boundaries of a proposed historic district;

b. List each property in a proposed historic district or describe the proposed individual historic property, including the map and parcel number and address of each property;

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

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

e. Require that the property or district boundaries be shown on the official zoning map of the city.

(6) Modification or withdrawal of proposed designations. Any recommendation to modify or withdraw the proposed ordinance for designation shall be made by the HPC within 15 days following the public hearing and shall be in the form of a resolution to the mayor and city council.

(7) Notification to historic preservation division. No less than 30 days prior to making a recommendation on any ordinance designating a property of district as historic, the historic preservation commission must submit the historic resource report to the historic preservation division of the department of natural resources.

(8) Notification of adoption of designation ordinance. Within 30 days following the adoption of the ordinance for designation by the mayor and city council, the owners and occupants of each designated historic property, and the owners and occupants of each structure, site, or object in a historic district, shall be given written notification of such designation by the city clerk's office, 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 United States mail to the last known owner of the property shown on the Turner 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 chapter.

(9) Notification of other agencies regarding this designation. The HPC shall notify all necessary agencies within the city and Turner County of the ordinance for designation, including the local historical organization(s).

(10) Effect of designation. After designation by the mayor and city council, a historic district or historic property shall be subject to the procedures and regulations contained in this chapter. Unless otherwise specified, the Secretary of Interior's Standards for Rehabilitation, as amended from time to time, shall apply as the design guidelines for the historic district or historic property. These procedures, regulations, and design guidelines shall be in addition to the provisions of other articles of this chapter, and other regulations of the city that shall remain in full force and effect.

(11) Moratorium on applications for alteration or demolition while designation ordinance is pending. If a designation ordinance is being considered, the mayor and city council shall have the power to freeze the status of the involved property.

(12) Local historic district established. The boundaries shown on attachment A are hereby designated as the Ashburn Local Historic District. A plat showing the boundaries of such historic district is on file in the office of the city clerk and is incorporated in this article by reference as fully as if set forth verbatim.

History: (Ord. No. 07-08, § IV(B), 6-7-2007)