§ 107-5. Application to preservation commission for certificate of appropriateness.

(a)

Approval of material change in appearance in historic districts or 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 structure, site, or work of art within such historic district, shall be made or be permitted to be made by the owner or occupant thereof, unless or until the application for a certificate of appropriateness has been submitted to and approved by the preservation commission. A building permit for such historical property or other permit shall not be issued without a certificate of appropriateness.

(b)

Submission of plans to commission. An application for a certificate of appropriateness shall be accompanied by drawings, photographs, plans and documentation required by the preservation commission. The application/filing shall be submitted not less than 21 days before the date of the preservation commission meeting and that day shall be the official date of filing.

(c)

An application for a certificate of appropriateness must be filed with the office of community improvement, located at 417 Pendleton Street, Waycross, Georgia 31502.

(d)

Prior to reviewing an application for a certificate of appropriateness, the preservation commission shall take such action as may reasonably be required to inform the owners of any property likely to be affected materially by the application and shall give the applicant and such owners an opportunity to be heard. The preservation commission shall hold a public hearing at which each proposed certificate of appropriateness shall be discussed. Notice of the hearing shall be published in the principal newspaper of local circulation in the city. The preservation commission shall provide written notice of the hearing by regular mail to all owners and occupants likely to be materially affected by the application. The preservation commission shall give the property owner and/or applicant an opportunity to be heard at the certificate of appropriateness hearing.

(e)

The preservation commission shall approve the application and issue a certificate of appropriateness if it finds that the proposed material change in appearance would not have a substantial adverse effect on the esthetic, historical, or architectural significance and value of the historic property or the historic district. In making this determination, the preservation commission shall consider, in addition to any other pertinent factors:

(1)

The historical and architectural value and significance; architectural style;

(2)

General design, arrangement, texture, and material of the architectural features involved; and

(3)

The relationship thereof to the exterior architectural style and pertinent features of other structures in the immediate neighborhood.

(f)

In its review of applications for certificates of appropriateness, the preservation commission shall not consider interior arrangement or uses having no effect on exterior architectural features.

(g)

The preservation commission 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 or of a structure, site, or work of art located within a historic district. Evidence of approval shall be by a certificate of appropriateness issued by the commission. Failure of the preservation commission to act within the 45-day period shall constitute approval, and no other evidence of approval shall be needed.

(h)

In the event the preservation commission rejects an application, it shall state its reasons for doing so and shall transmit a record of such action and the reasons therefor, in writing, to the applicant. The preservation commission may suggest alternative courses of action it thinks proper if it disapproves of the application submitted. The applicant, if he so desires, may make modifications to the plans and may resubmit the application at any time after doing so.

(i)

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 an application for a certificate of appropriateness by the preservation commission 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)

Where such action is authorized by the city commission and is reasonably necessary or appropriate for the preservation of a unique historic property, the preservation commission may enter into negotiations with the owner for the acquisition by gift, purchase, exchange, or otherwise of the property or any interest therein.

(k)

Where, by reason of unusual circumstances, the strict application of any provision of this chapter would result in exceptional practical difficulty or undue hardship upon any owner of any specific property, the preservation commission, in passing upon applications, shall have the power to vary or modify strict adherence to the provisions or to interpret the meaning of the provision so as to relieve such difficulty or hardship; provided, however, that such variance, modification, or interpretation shall remain in harmony with the general purpose and intent of the provisions so that the architectural or historical integrity or character of the property shall be conserved and substantial justice done. In granting variations, the preservation commission may impose such reasonable and additional stipulations and conditions as will in its judgment best fulfill the purpose of this chapter.

(l)

The preservation commission shall keep a record of all applications for certificates of appropriateness and of all its proceedings.

(m)

Any person adversely affected by any determination made by the preservation commission relative to the issuance or denial of a certificate of appropriateness may appeal such determination to the city commission; and the city commission may approve, modify and approve, or reject the determination made by the preservation commission if the city commission finds that the preservation commission abused its discretion in reaching its decision. Any such appeal must be filed with the clerk of the city commission within 15 days after the issuance of the determination or, in the case of a failure of the preservation commission to act within 15 days of the expiration of the 45-day period allowed for the preservation commission action. Appeals from decisions of the city commission made pursuant to this chapter may be taken to the superior court in the manner provided by law for appeals from a conviction for municipal or county ordinance violations.

(n)

A certificate of appropriateness is not required if the only work to be done is routine or general maintenance as defined in the preservation commission's design guidelines.

(Code 1977, § 15½-5; Ord. No. 05-38, § V, 11-15-2005)