Chapter 9
HISTORIC PRESERVATION COMMISSION*

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Cross references: Zoning, App. A.

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Article I. Purpose

Sec. 9-1. Purposes of historic preservation commission.

Article II. Definitions

Sec. 9-2. Definitions.

Article III. Establishment of Commission

Sec. 9-3. Title.

Sec. 9-4. Number, appointment, and qualifications.

Sec. 9-5. Terms.

Sec. 9-6. Powers.

Sec. 9-7. By-laws of the HPC.

Sec. 9-8. Conflict of interest.

Sec. 9-9. Recordation of meetings.

Secs. 9-10– 9-14. Reserved.

Article IV. Designation of Historic Sites, Properties, and Districts

Sec. 9-15. Survey of local historic resources.

Sec. 9-16. Recommendation of sites.

Sec. 9-17. Designation criteria for historic sites, properties, and districts.

Sec. 9-18. Boundaries of a historic site, district, or property.

Sec. 9-19. Evaluation of resources within historic districts.

Sec. 9-20. Designation of a historic site or property.

Sec. 9-21. Requirements for the designation of a historic site or property– Who may apply.

Sec. 9-22. Requirements for the designation of a historic site or property– Required public hearing.

Sec. 9-23. Requirements for the designation of a historic site or property– Notification to DNR.

Sec. 9-24. Requirements for the designation of a historic site or property– Recommendation by HPC.

Sec. 9-25. Requirements for the designation of a historic site or property– Action by Whitfield County Board of Commissioners.

Sec. 9-26. Requirements for the designation of a historic site or property– Components of designation.

Sec. 9-27. Notification of adoption of ordinance for designation.

Sec. 9-28. Notification of other agencies regarding designation.

Sec. 9-29. Moratorium upon applications for alteration or demolition while ordinance for designation is pending.

Secs. 9-30– 9-34. Reserved.

Article V. Application for Certificate of Appropriateness

Sec. 9-35. Certificate of appropriateness required for material changes in appearance.

Sec. 9-36. Exemptions for government and quasi-government agencies.

Sec. 9-37. Application to HPC.

[Secs. 9-38, 9-39. Reserved.]

Sec. 9-40. Interior alterations.

Sec. 9-41. Public hearings on applications for certificates of appropriateness, notices, and right to be heard.

Sec. 9-42. HPC action upon request for certificate of appropriateness.

Sec. 9-43. Undue hardship.

Sec. 9-44. Time for approval or rejection of application for certificate of appropriateness.

Sec. 9-45. Action to be taken by HPC upon rejection of application for certificate of appropriateness.

Sec. 9-46. Requirement of conformance with certificate of appropriateness.

Sec. 9-47. Certificate of appropriateness void if construction not commenced.

Sec. 9-48. Recording of applications for certificate of appropriateness.

Sec. 9-49. Appeals.

Article VI. Maintenance of Designated Properties

Sec. 9-50. Routine maintenance or repair.

Sec. 9-51. Failure to provide necessary maintenance or repair.

Sec. 9-52. Affirmation of existing building and zoning codes.

Secs. 9-53, 9-54. Reserved.

Article VII. Miscellaneous Provisions

Sec. 9-55. Penalties for violation.

Sec. 9-56. Continuing violation.

Sec. 9-57. Remedies– Injunctive relief.

Sec. 9-58. Conflict with other laws.

Sec. 9-59. Separability.

Sec. 9-60. Repeal of conflicting ordinances.

ARTICLE I.
PURPOSE

Sec. 9-1. Purposes of historic preservation commission.

[The purpose of the historic preservation commission is to:]

(a) Support and further the belief that the Civil War and other historical, cultural and aesthetic heritage of Whitfield County, Georgia, is among its most valued and important assets, and that the preservation of this heritage is essential to the promotion of the health, education, prosperity, and general welfare of the people;

(b) Protect and enhance local Civil War, historical, and aesthetic attractions to tourists and thereby promote and stimulate the business environment within Whitfield County;

(d) Provide for the designation, protection, preservation, and rehabilitation of historic properties and historic districts, and to participate in federal, state, local, or private programs to do the same;

(e) Establish a uniform procedure for use in providing for the protection, enhancement, perpetuation, and use of places, districts, sites, buildings, structures, objects, and landscape features having a special Civil War or other historical, archaeological, cultural, or aesthetic interest or value.

(Ord. of 11-8-04)

ARTICLE II.
DEFINITIONS

Sec. 9-2. Definitions.

As used herein, the following words and phrases shall have the following meanings for purposes of this chapter only, unless otherwise provided:

Building. A structure created to shelter any form of human activity, such as a house, barn, church, hotel, or the like. Building may refer to a historically related complex such as a courthouse and jail, or a house and barn.

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.

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.

Exterior environmental features. All of those aspects of the landscape or the development of a site which affect the historical character of the property, including any Civil War defense work of any type or design, and archaeological resources.

Historic district. A geographically definable area, possessing a significant concentration, linkage, or continuity of sites, buildings, structures or objects united by past events or aesthetically by plan or physical development. 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 Whitfield County Board of Commissioners as a historic district pursuant to the criteria established herein.

Historic property. An individual building, structure, site, or object including the adjacent area necessary for the proper appreciation thereof designated by Whitfield County Board of Commissioners as a historic property pursuant to the criteria established herein.

Material change in appearance. A change which would affect either the exterior architectural or environmental features of a historic property or any building, structure, site, object, landscape feature, or archaeological resource within a historic district, such as:

(1) A reconstruction or alteration of the size, shape or facade of a historic property, including 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 of advertising visible from the public right-of-way; or

(5) The erection, alteration, restoration or removal of any building or other structure within a historic property or district, including military defense works of any kind, walls, fences, steps and pavements, or other appurtenant features, except exterior paint alterations.

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.

Site. The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself maintains historical or archaeological value regardless of the value of any existing structure.

Structure. Although often synonymous with "building," the term also denotes construction not designed to shelter human activities, such as bridges or fountains.

(Ord. of 11-8-04)

ARTICLE III.
ESTABLISHMENT OF COMMISSION

Sec. 9-3. Title.

There is hereby established a commission or board, the title for which shall be the "Whitfield County Historic Preservation Commission" (hereinafter "HPC").

(Ord. of 11-8-04)

Sec. 9-4. Number, appointment, and qualifications.

The HPC shall consist of five members appointed by the Whitfield County Board of Commissioners. All members shall be residents of Whitfield County and shall be persons who have demonstrated special interest, experience or education in history, military history, archaeology, planning, architecture, or the preservation of historic resources. To the extent available within Whitfield County, as many members as practicable should be appointed from among professionals in the disciplines of history, military history, archaeology, planning, architecture, historic preservation, or related professions.

(Ord. of 11-8-04)

Sec. 9-5. Terms.

Members of the HPC shall serve at the pleasure of the Whitfield County Board of Commissioners, generally serving three-year terms. Members may not serve more than two consecutive terms. In order to achieve staggered terms, initial appointments shall be two members for one year, two members for two years, and one member for three years. Members shall not receive a salary, but may be reimbursed for expenses incurred in the performance of their duties.

(Ord. of 11-8-04)

Sec. 9-6. Powers.

The HPC shall be authorized to:

(a) Prepare and maintain an inventory of all areas within Whitfield County having the potential for designation as historic property;

(b) Recommend to the Whitfield County Board of Commissioners specific places, districts, sites, buildings, structures, or objects to be designated by ordinance as historic properties or historic districts;

(c) Review applications for certificates of appropriateness, and grant or deny same in accordance with the provisions contained herein;

(d) Recommend to the Whitfield County Board of Commissioners that the designation of any district, site, building, structure or object as a historic property or as a historic district be revoked or removed;

(e) Restore or preserve any historic properties otherwise acquired by Whitfield County;

(f) Promote the acquisition by Whitfield County of conservation easements and facade easements in accordance with the provisions of the Facade and Conservation Easement Act of 1976, O.C.G.A. § 44-10-1 et seq.;

(g) Conduct educational programs on historic properties located within Whitfield County and on general historic preservation activities;

(h) Make such investigations and studies of matters relating to historic preservation, including consultation with the historic preservation division of the department of natural resources, archaeologists, military historians, and historic preservation experts, as the HPC may, from time to time, deem necessary or appropriate for the purposes of preserving historic resources;

(i) Seek out local, state, federal or private funds for historic preservation, and make recommendations to the Whitfield County Board of Commissioners concerning the most appropriate uses of any funds acquired;

(j) Submit to the historic preservation division of the Georgia Department of Natural Resources, or its successor, a listing of historic properties or historic districts designated;

(k) Perform historic preservation activities as the official agency of the Whitfield County historic preservation program;

(l) Employ, as necessary and as approved by the Whitfield County Board of Commissioners, persons with such professional skills, such as engineering or architecture, as needed to carry out the responsibilities of the HPC;

(m) Receive donations, grants, funds, or gifts of historic properties and acquire and sell historic properties, all in the name of Whitfield County, Georgia, a political subdivision of the State of Georgia. The HPC shall not take any action which may be construed as obligating Whitfield County without prior consent of the Whitfield County Board of Commissioners;

(n) Review and make comments to the historic preservation division of the department of natural resources concerning the nomination of properties within its jurisdiction to the National Register of Historic Places; and

(o) Participate in and/or conduct private, state, and federal historic preservation programs.

(Ord. of 11-8-04)

Sec. 9-7. By-laws of the HPC.

The HPC shall adopt by-laws for the transaction of its business and for consideration of applications for designations and certificates of appropriateness. The HPC shall have the flexibility to adopt rules and standards without amendment hereto. The HPC shall provide for the time and place of regular meetings and a method for the calling of special meetings. The HPC shall select such officers as it deems appropriate from among its members. A quorum shall consist of a majority three of the members. The Whitfield County Attorney shall serve as legal counsel to the HPC except in the instance of a conflict of interest with respect to a particular matter, in which case Whitfield County may retain independent counsel to the extent requested by the HPC.

(Ord. of 11-8-04)

Sec. 9-8. Conflict of interest.

The members of the HPC shall be subject to all conflict of interest laws pursuant to Georgia law and/or the Whitfield County Code of Ordinances and Code of Ethics, the provisions of which are hereby incorporated by reference.

(Ord. of 11-8-04)

Sec. 9-9. Recordation of meetings.

An audio recording shall be made of all HPC proceedings and the secretary of the HPC shall keep written record of the HPC's resolutions, proceedings, correspondence, and actions.

(Ord. of 11-8-04)

Secs. 9-10– 9-14. Reserved.

ARTICLE IV.
DESIGNATION OF HISTORIC SITES, PROPERTIES, AND DISTRICTS

Sec. 9-15. Survey of local historic resources.

The HPC shall compile, and thereafter maintain, information to identify as many historic resources within Whitifield County as may be practicable.

(Ord. of 11-8-04)

Sec. 9-16. Recommendation of sites.

The HPC shall present, from time to time, to the Whitfield County Board of Commissioners, its recommendations for designation of historic sites, properties, and districts. Prior to the HPC's recommendation of a historic site, property, or district, to the Whitfield County Board of Commissioners for designation, the HPC shall prepare a report for nomination consisting of:

(a) A physical description;

(b) A statement of the historical, military, archaeological, cultural, architectural and/or aesthetic significance;

(c) A map showing site, property, or district boundaries and classification (i.e., historic, nonhistoric, intrusive) of individual resources therein;

(d) A statement justifying site, property, or district boundaries; and

(e) Representative photographs.

(Ord. of 11-8-04)

Sec. 9-17. Designation criteria for historic sites, properties, and districts.

A historic district is a geographically definable area, which contains buildings, structures, sites, objects, and landscape features or a combination thereof, which:

(a) Has special character or special historic/aesthetic value or interest;

(b) Represents one or more periods, styles, or types of architecture, landscape features, or military fortifications typical of one or more eras in the history of the county, state, or region; or is the location of archaeological resources; and

(Ord. of 11-8-04)

Sec. 9-18. Boundaries of a historic site, district, or property.

Boundaries of a historic site, district, or property shall be included in designation ordinance(s,) and shall thereafter be appropriately reflected upon the official zoning map of Whitfield County, Georgia.

(Ord. of 11-8-04)

Sec. 9-19. Evaluation of resources within historic districts.

Individual resources within historic districts shall be classified as:

(a) Historic (contributes to the district);

(b) Nonhistoric (does not contribute but does not detract from the district); and

(Ord. of 11-8-04)

Sec. 9-20. Designation of a historic site or property.

A historic property is a building, structure, site, or object; including the adjacent area necessary for the proper appreciation or use thereof, deemed worthy of preservation by reason of its value to Whitfield County, to the State of Georgia, or to the United States for one or more of the following reasons:

(a) It is an outstanding example of a structure representative of its era;

(b) It is one of the few remaining examples of a past architectural or military fortification type or style;

(c) It is a place or structure associated with an event or persons of historic or cultural significance to Whitfield County, the State of Georgia, or the region; or

(d) It is a site of archaeological, natural, or aesthetic interest that contributes to the cultural or historical development and heritage of Whitfield County, the State of Georgia, or the United States.

(Ord. of 11-8-04)

Sec. 9-21. Requirements for the designation of a historic site or property– Who may apply.

Designations may be proposed by the Whitfield County Board of Commissioners, by any member of the HPC, by any local historical society, by any organized neighborhood association, or by any group of interested property owners.

(Ord. of 11-8-04)

Sec. 9-22. Requirements for the designation of a historic site or property– Required public hearing.

The HPC and the Whitfield County Board of Commissioners shall jointly hold a public hearing upon any proposed ordinance for the designation of any historic district or property. Notice of the hearing shall be published at least three times in the Dalton Daily Citizen newspaper, and written notice of the hearing shall be mailed by the HPC to all owners and occupants of such properties. All such notices shall be published or mailed not less than ten nor 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 county tax rolls 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 hereunder.

(Ord. of 11-8-04)

Sec. 9-23. Requirements for the designation of a historic site or property– Notification to DNR.

Not less than 30 days prior to making a recommendation upon any ordinance designating a property or district as historic, the HPC shall submit its report for nomination, as set forth hereinabove, to the historic preservation division of the Georgia Department of Natural Resources.

(Ord. of 11-8-04)

Sec. 9-24. Requirements for the designation of a historic site or property– Recommendation by HPC.

A recommendation to affirm, 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 Whitfield County Board of Commissioners.

(Ord. of 11-8-04)

Sec. 9-25. Requirements for the designation of a historic site or property– Action by Whitfield County Board of Commissioners.

Following receipt of the HPC's recommendation, the Whitfield County Board of Commissioners may adopt the ordinance as proposed, may adopt the ordinance with any amendments it deems necessary, or deny the ordinance with respect to designation of any property, site, or district as historic.

(Ord. of 11-8-04)

Sec. 9-26. Requirements for the designation of a historic site or property– Components of designation.

Any ordinance by the Whitfield County Board of Commissioners designating any property, site, or district as historic shall:

(a) List each property in the proposed historic district, describe the district proposed for designation, and specify the boundaries of the proposed district sufficient for GIS purposes;

(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 any such property or district be designated and shown upon the official zoning map of Whitfield County, Georgia, and kept as a public record to provide notice of such designation.

(Ord. of 11-8-04)

Sec. 9-27. Notification of adoption of ordinance for designation.

Within 30 days following the adoption of any ordinance for designation by the Whitfield County Board of Commissioners, the owners and occupants of each designated historic property, and the owners and occupants of each structure, site or work of art located within a designated historic district, shall be given written notification of such designation by the Whitfield County Board of Commissioners which notice shall apprise said owners and occupants of the necessity of obtaining a certificate of appropriateness prior to undertaking any material change in the appearance of the historic property designated or within the historic district designated. A notice sent via the United States mail to last known owner of the property shown on the Whitfield County tax rolls 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.

(Ord. of 11-8-04)

Sec. 9-28. Notification of other agencies regarding designation.

The HPC shall notify all necessary public agencies within Whitfield County of any ordinance for designation.

(Ord. of 11-8-04)

Sec. 9-29. Moratorium upon applications for alteration or demolition while ordinance for designation is pending.

If an ordinance for designation is then under consideration, the HPC shall have the authority to maintain the current status quo with respect to the involved property.

(Ord. of 11-8-04)

Secs. 9-30– 9-34. Reserved.

ARTICLE V.
APPLICATION FOR CERTIFICATE OF APPROPRIATENESS

Sec. 9-35. Certificate of appropriateness required for material changes in appearance.

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 historic or nonhistoric building, structure, site or object within such historic district, shall be made, or shall be permitted to be made, by the owner or occupant thereof, unless and until the application for a certificate of appropriateness has been submitted to and approved by the HPC. No grading or building permit shall be issued without a certificate of appropriateness.

(Ord. of 11-8-04)

Sec. 9-36. Exemptions for government and quasi-government agencies.

The Georgia Department of Transportation, including, but not limited to its contractors, including Whitfield County and its cities, performing work funded by the department of transportation are exempt from the requirement to obtain a certificate of appropriateness. Likewise, qualified local governments are exempt from the requirement of obtaining certificates of appropriateness, provided that such local government shall notify the HPC not less than 45 days prior to commencing any project which would otherwise require a certificate of appropriateness, and so as to allow the HPC an opportunity to comment or to suggest ameliorative actions.

(Ord. of 11-8-04)

Sec. 9-37. Application to HPC.

Any application for a certificate of appropriateness shall be accompanied by drawings, photographs, plans and documentation, along with other documents as reasonably required by the HPC, and as further set forth upon the application for certificate of appropriateness.

(Ord. of 11-8-04)

[Secs. 9-38, 9-39. Reserved.]

Sec. 9-40. Interior alterations.

In its review of applications for certificates of appropriateness, the HPC shall not consider interior arrangement or use which shall have no effect upon exterior architectural, archaeological, or environmental features. Interior arrangements which shall affect the exterior shall be considered.

(Ord. of 11-8-04)

Sec. 9-41. 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 brought before the HPC. Notice of the hearing shall be published in the Dalton Daily Citizen not less than 15 nor more than 45 days prior to such hearing and written notice of the hearing shall be mailed by the HPC to all owners of any properties likely to be materially affected by the application. The HPC shall give the property owner and/or applicant an opportunity to be heard at the certificate of appropriateness hearing and, in the discretion of the chairman of HPC, such other persons as the HPC deems advisable in assisting it to gain information.

(Ord. of 11-8-04)

Sec. 9-42. HPC action upon request for certificate of appropriateness.

The HPC may, after the conclusion of the public hearing, approve the certificate of appropriateness as proposed, approve the certificate of appropriateness with any modifications or conditions it deems necessary, or deny it. 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 adverse effect on the historical, archaeological, architectural or aesthetic significance and value of the historic property, site, or district. In making this determination, the HPC shall consider, in addition to any other pertinent factors, the following criteria for each of the following acts:

(1) Reconstruction, alteration, new construction or renovation: The HPC shall issue certificate of appropriateness for the above proposed actions, if those actions conform in design, scale, building material, setback and landscaping to the secretary of interior's standards for rehabilitation, incorporated herein by reference, and the commission's Guide for Protecting Civil War Battlefield Sites and Features.

(2) Relocation: A decision by the HPC approving or denying a certificate of appropriateness for the relocation of a building, structure, or object shall be guided by:

a. The historic character and aesthetic interest the building, structure or object contributes to its present setting.

b. 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.

c. Whether the building, structure or object can be moved without significant damage to its physical integrity.

d. Whether the proposed relocation area is compatible with the historical and architectural character of the building, structure, site or object.

(3) Demolition: A decision by the HPC approving or denying a certificate of appropriateness for the demolition of buildings, structures, sites, or objects shall be guided by:

a. The historic, military, scenic or architectural significance of the building, structure, site, or object;

b. The importance of the building, structure, site, or object to the ambiance of a district;

c. The difficulty or the impossibility of reproducing such a building, structure, site, or object because of its design, texture, material, detail, or unique location;

d. Whether the building, structure, site, or object is one of the last remaining examples of its kind in the neighborhood or the county;

e. Whether there are definite plans for reuse 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;

f. Whether reasonable measures can be taken to save the building, structure, site, or object from collapse;

g. Whether the building, structure, site, or object prevents the earning of reasonable economic return on the property on which it is located.

(Ord. of 11-8-04)

Sec. 9-43. Undue hardship.

When, by reason of unusual circumstances, the strict application of any provision hereof would result in exceptional practical difficulty or undue economic hardship upon any owner of a specific property, the HPC, in passing upon an application, shall have the power to vary or modify strict adherence to said provisions, or to interpret the meaning of said provisions, so as to relieve such difficulty or hardship; provided that such variances, modifications or interpretations remain in harmony with the general purpose and intent of said provisions, so that the architectural, archaeological, or historical integrity, or character of the property be conserved, and substantial justice done. In granting a variance, the HPC may impose such reasonable and additional stipulations and conditions as will, in its judgment, best fulfill the purpose hereof. A situation created by the applicant cannot constitute an undue hardship.

(Ord. of 11-8-04)

Sec. 9-44. Time for approval or rejection of application for certificate of appropriateness.

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, or of a building, structure, site, or object located within a historic district. 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 mail to the applicant and all other persons who have requested such notice in writing filed with the HPC. Failure of the HPC to act within said 45 days shall constitute approval, and no other evidence of approval shall be needed.

(Ord. of 11-8-04)

Sec. 9-45. Action to be taken by HPC upon rejection of application for certificate of appropriateness.

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 or may not suggest alternative courses of action it thinks proper if it disapproves of the application as submitted. The applicant, if he or she so desires, may make modifications to the plans and may resubmit the application not sooner than three months after denial thereof. In cases where the application involves a threat to archaeological resources or a material change in the appearance of an exterior architectural or environmental feature which would require the issuance of a grading or building permit, the HPC shall notify the building inspector or other administrative officer charged with issuing grading or building permits in writing, and 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 grading or building permits and, in such a case, no grading or building permit shall be issued.

(Ord. of 11-8-04)

Sec. 9-46. Requirement of conformance with certificate of appropriateness.

All work performed pursuant to an issued certificate of appropriateness shall conform to the requirements of such certificate. In the event work performed is not in accordance with such certificate, or in violation of a denial of a certificate of appropriateness, the HPC shall issue a cease and desist order and all work shall cease. The Whitfield County Board of Commissioners or the HPC shall be authorized to institute any appropriate action or proceeding in any court of competent jurisdiction to prevent any material change in appearance of a designated historic site, property, or historic district, except those changes made in compliance with the provisions of this chapter or to prevent any illegal act or conduct with respect to such historic site, property, or historic district.

(Ord. of 11-8-04)

Sec. 9-47. Certificate of appropriateness void if construction not commenced.

Certificate of appropriateness shall become void unless construction is commenced within six months of date of issuance. Certificates of appropriateness shall be issued for a period of 18 months and are renewable.

(Ord. of 11-8-04)

Sec. 9-48. Recording of applications for certificate of appropriateness.

The HPC shall keep a public record of all applications for certificates of appropriateness, and of all the HPC's proceedings in connection with said applications.

(Ord. of 11-8-04)

Sec. 9-49. Appeals.

Any person adversely affected by any determination made by the HPC relative to the issuance or denial of a certificate of appropriateness and desiring to appeal further must do so by writ of certiorari directly to the Whitfield County Superior Court within 30 days of such adverse decision. There shall be no intermediate appeal to the Whitfield County Board of Commissioners or to any other body.

(Ord. of 11-8-04)

ARTICLE VI.
MAINTENANCE OF DESIGNATED PROPERTIES

Sec. 9-50. Routine maintenance or repair.

Ordinary maintenance and/or repair of any exterior architectural or environmental feature in or on a designated property to correct deterioration, decay or damage, or to sustain the existing form, and which does not involve a material change in design, material or outer appearance thereof, shall not require a certificate of appropriateness.

(Ord. of 11-8-04)

Sec. 9-51. Failure to provide necessary maintenance or repair.

Property owners of designated properties shall not allow their buildings to deteriorate as a result of a failure of the owner to provide necessary maintenance or repair. The HPC shall be charged with the following responsibilities regarding deterioration and demolition by neglect: The HPC shall monitor the condition of historic properties and existing buildings in historic districts to determine if they are being allowed to deteriorate or to be demolished by neglect. Any of the following shall constitute failure to provide necessary maintenance or repair:

(a) Deterioration of exterior walls, foundations, or other vertical support that causes leaning, sagging, splitting, listing or buckling.

(b) Deterioration of flooring or floor supports, roofs, or other horizontal members that causes leaning, sagging, splitting, listing or buckling.

(d) Deterioration or crumbling of exterior plasters or mortars.

(e) Ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors.

(f) Defective protection or lack of weather protection for exterior wall and roof coverings, including lack of paint, or weathering due to lack of paint or other protective covering.

(g) Rotting, holes, and other forms of decay.

(h) Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, entablatures, wall facings, and architectural details that causes delamination, instability, loss of shape and form, or crumbling.

(i) Heaving, subsidence, or cracking of sidewalks, steps, or pathways.

(j) Deterioration of fences, gates, and accessory structures.

(k) Deterioration that has a detrimental effect upon the special character of the district as a whole or the unique attributes and character of the historic resource.

(l) Deterioration of any exterior feature so as to create or permit the creation of any hazardous or unsafe conditions to life, health, or other property.

In the event the HPC shall determine 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. In the event that the condition is not remedied within 30 days, the owner shall be subject to the penalty provisions hereof and, at the direction of the Whitfield County Board of Commissioners, the commission may perform such maintenance or repair as is necessary to prevent deterioration or demolition by neglect. The owner of the property shall be liable for the cost of such maintenance and repair performed by the HPC.

(Ord. of 11-8-04)

Sec. 9-52. Affirmation of existing building and zoning codes.

Nothing herein shall be construed as to exempt any person from full compliance with all Whitfield County Land Development Ordinances, nor to prevent any property owner from making any use of his property not prohibited by other statutes, ordinances or regulations.

(Ord. of 11-8-04)

Secs. 9-53, 9-54. Reserved.

ARTICLE VII.
MISCELLANEOUS PROVISIONS

Sec. 9-55. Penalties for violation.

Pursuant to O.C.G.A. § 36-1-20(b), any person convicted of violating any of the provisions of this ordinance shall be sentenced to a maximum fine of $1,000.00 or imprisonment for a term of 60 days, or both.

(Ord. of 11-8-04)

Sec. 9-56. Continuing violation.

Any violation hereof shall be considered a continuing violation, subject to separate citation each day in which such violation remains.

(Ord. of 11-8-04)

Sec. 9-57. Remedies– Injunctive relief.

When any condition or action violates any portion of this chapter, the HPC may seek injunctive or other equitable relief in any court of competent jurisdiction. Such remedy shall be in addition to, and not in lieu of, any other remedy or penalty.

(Ord. of 11-8-04)

Sec. 9-58. Conflict with other laws.

Whenever the regulations of this ordinance require more restrictive standards than are required in or pursuant to any other statute, law, rule, or regulation, the requirements of this ordinance shall govern. Whenever the provisions of any other statute require more restrictive standards than are required by this ordinance, the provisions of such statute shall govern.

(Ord. of 11-8-04)

Sec. 9-59. Separability.

Should any section or provision of this ordinance be declared by any court of competent jurisdiction to be unconstitutional or invalid, such declaration shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

(Ord. of 11-8-04)

Sec. 9-60. Repeal of conflicting ordinances.

All ordinances and parts or ordinances in conflict hereof are repealed.

(Ord. of 11-8-04)