The URL can be used to link to this page

Home My WebLink AboutORD 5927 AMEND ARC SEC 7-4-12 Augusta Richmond GA DOCUMENT NAME: 0 ~ \O{11- 5q Q)'l DOCUMENT TYPE: C)'( 6 \(lOD OC YEAR:Cfl BOX NUMBER: 00 FILE NUMBER:\ '6\ D6 NUMBER OF PAGES: \0 APR-28-199~~ 11: 27 P.03/12 " i ORDINANCE NO. . r:-7 J 1 AN ORDINANCE TO AMEND AUGUSTA-RICHMOND COUNTY CODB SECTIONS 7-4-12 THROUGH 7-4-15 TO CORRECT CERTADl ERRORS I TO PROV1:PB AN' EP'FECTIVE DATB AND POR OTHER PURfOSBS. BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION, and it is hereby ordained by authority of same as follows: Section L The ~ugusta-Richmond County Code is amended by deleting Coda Sections 7-4-12 through 7-4-15 in their enti~ety, and substituting in lieu thereof the following, to-wit: 5 7-4-12. PRELt~NARY RESEARCH BY COMMZSSION. (a) The Historic Preservation commission may compile and collect information and conduct surveys of historic resources within Augusta-Richmond County. (b) The Historic Preservation Commission may present to the Commission recommendations for the designation of historic districts and properties. (e) Prior to the Historic Preservation Commission's recommendation of a historic district or historic property to the Commission for designation, the Historic Preservation Commission shall prepare a report consisting af: (l) a physical description; (2) a statement of the historioal, cultural, and/or architectural significance of the proposed historic distriot or historic property, except that 8uch statement of significance will not be required in the case of a historic . - property or district already listed upon the National Register of Hiatoric Places, or upon the Georgia Register of 1 04-28-1997 10:32AM P.03 APR-28-1997 11:27 Historic Places; (3) a map showing the proposed historic the classification (i.e. district boundaries and contribut ing Ihistoric, contributing/non-historic, noncontributing) of individual properties therein, or a map showing the boundaries of the propoaed historic property; (4) a statement justifying historic district or individual historic property boundaries, except that such statement in justification will not he required if such proposed boundaries are the same as those embraced within the listing of the district or property upon the National Register of Historic Places or Georgia Register of Historic Places; and (5) representative photographs. g 7-4-13. DESIGNATION OF A HISTORIC DISTRICT. (a) Criteria for selection of historic districts. A historic district isa geographically definable area which contains buildings, structures, sites, objects, landscape features and works of art or a combination thereof, which: (1) have special character or historic, cultural or architectu~al. value or interest; (2) represent one or more periods, styles or types of architecture typical of one or more eras in the history of Auguata-Richmond County or the state or region; (3) cause such area, by reason of such \ factors, to constitute a vi,sibly perceptible section of Augusta-Richmond C9unty; (4) a district, once listed u~on the 2 04-28-1997 10:33AM P.04/12 P.04 APR-28-1997 11:27 .. National Register of Historic Places or upon the Georgia Register of Historic Places shall be presumed to possess the necessary chara.cteristics for designation as a historic district under this ordinance. (b) Boundaries of a historic: dist;:r::ict. The 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 Augusta-Riohmond County, Georgia. Said boundaries, as depicted on said map, shall constitute the official description of said historic districts for the purposes of this Chapter and for the puxposes of the separate ordinanoes designating such districts. In the event that the official zoning map of Augusta-Richmond County. G60rgia do~s not d~pict the area proposed for designation as a historic district, the Commission may, in its discretion, identify such other map upon which to depict the boundaries of the historic district. In this case the map so identified by the Commission shall constitute the official description of said historic district for the purposes of this Chapter and for the purposes of the separate ordinanoe designating such district. (c) Evaluation of properties within historic districts. Individual p~operties within historic diatricta shall be classified as: (1) contributing/historic (contributes to the district in te:tms. of design, historical association, and/or setting); 3 04-28-1997 10:33AM P.05/12 P.05 APR-28-199? 11:28 " (2) contributing/non-historic (a property less than fifty years old which compliments and does not detract from the overall character of the district in terms af design, historical association, and/or setting); (3) nan~cOIltributing (a property which detracts from the district in terms of design, style, building type. historical association. and/or setting) . I 7-4-14. (a) DESIGNATION OF A HISTORIC PROPERTY. selection of historic Criteria for properties. A historic property is a building, structure, site, object or work of art which may include the adjacent area necessary for the proper appreciation or use thereof, deemed worthy of preservation for reason of value to Augusta- Richmond County, the State of Georgia, or this Geographical region, for one of the following reasons: {1} it is an outstanding example of a structure representative of its era; (2) it is one of the few remaining examples of past architectural style; (3) it is a place or structure associated with an event or person of historic or cultural significance to Augusta-Richmond County, Georgia, or to the state. region or nation; (4) it is. a site of natural or aesthetic interest that is continuing to contribute to the cultural or historical d~velopmantand heritage of Augusta-Richmond County, Georgia. Or of the state, region or nation; (-5) a property, once listed upon the 4 04-28-1997 10:33AM P.06/12 P.05 APR-28-1997 11:28 National Register of Historic Places or upon the Georgia Register of Ristoric Places shall be presumed to possess the necessary characteristics for designation as a historic property. (b) Bou"'ldaxy descriptiarJ. A description of the boundaries shall be included in the separate ordinanoes designating such properties and the boundaries shall be depicted on - the official Zoning Map of Augusta-Richmond County, Georgia. Said boundaries, as depicted on said-map, shall constitute the offioial description of said historic property for the purposes of this Chapter and for t.he purposes of che separate ordinanoes designating suoh properties. In the event that the official Zoning Map of Augusta-Richmond County, Georgia does not depict the area proposed for designation as a historic property, the Commission may, in its discretion, identify suoh oCher map upon which to depict the boundaries of the historic property. In this case the map so identified by the Commission shall constitute the official description of said historic property for the purposes of this Chapter and for ths purposes of the separate ordinance designating such property. , 7-4-15. ~OUIRBMENTS FOR ADOPTZNG AN ORDYNANCE_ FOR THE DESIGNATION OF HI:S'rORIC' DISTRICTS ANI) HI:STQRZC PROPERTIBS. (a) Applioation for deoignation of historic districts or historic property. Designations may be proposed by the Commission, the Historic Preservation Commission or: 5 04-28-1997 10:34AM P.07/12 P.07 APR-28-1997 11:28 ", ','~ (1) for historic .districts - a preservation organization, historical society, neighborhood association or group of property owners may apply to the Commission for designation; (2) for historic properties - a preservation organization, historical society, neighborhood association or property owner may apply to the Commission for designation. (b) Required components of an ordinance. Any ordinanc~ designating any property or district as historic shall: ell describe the area encompassed within the proposed historic district or describe the proposed individual historic property; (2) reference the name{s) of the owner{s) of the designated property or properties as shown on the official Augusta-Richmond County tax records at the time of the adoption of the ordinance. In the event that the official tax records, for whatever reaGon, do not encompass the property or properties proposed for designation, the record owner(s) of the property, as determined by a title investigation conducted to appropriate legal standards under Georgia law, shall be referenced. (3). require compliance with the provisions of this Chapter; and (4) require that the property or district. be shown on the official zoning Map of Augusta-Richmond County, 6 04-28-1997 10: 34A~1 P.08/12 P.08 APR-28-199? 11:28 ... Georgia, or such other offioial map as identified by the Commission pursuant to S 1-4~13 or 7-4-14, hereof. {c} Required public hearing and notices. The Historic Preservation Commission shall hold a public hearing on any proposed ordinance for the designation of any historic district or property. Notice of the hearing shall be published in at least one (1) issue of the official legal organ of Augusta-Richmond County and written notice of the hearing shall be mailed by the Commiasion to all mmers and occupants of such properties that are affeoted. This notice: (I} shall contain the time and place for the hearing, (ii) shall reference this Chapter, (iii) shall describe the fact that the establishment of a historic district or historic property pursUant to this Chapter has been proposed, and (iv) shall generally describe the area encompassed by the historic district or historic property proposed. All such notices shall be published or mailed not less than fifteen (15) days nor more than forty-five (45) days prior to the date set for the public hearing. A notice sent via the United States mail to the last owner of reoord of the property shown on the official Augusta-Richmond County tax records or record owner of the property, 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.. {d) Recommendations on proposed designations: A recommendation to adopt. to adopt in modified form, o~ to reject the proposed ordinance shall be made by the Commission 7 04-28-1997 10:34AM P.0'9/12 P.09 APR-2B-1997 11:29 .-, within fifteen (15) days following the public hearing and shall be in the form of a resolution to the Commission. (e} Commission Commission action on recommendation. Following receipt of the Historic Preservation Commission's recommendation, the Commission may adopt the ordinance as proposed, reject the ordinance, or, after consultation with the Commission, may adopt the ordinance with any mOdifications it deems necessary. {f) Notifica.tion of the State Historic Preservation Section. Prior to making a recommendation on any ordinance designating a property or distriot as historic, the Historic Preservation Commission may transmit the report required at S 7-4-12 of this Code to the Historic Preservation Section of the Georgia Department of Natural Resources. (g) Notification of adoption of ordinance for designation. Within thirty {30) days following the adoption of the ordinance for designation by the Commission, 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, and all building contractors licensed in Augusta-Richmond County, shall be given "written notifioation of such designation by the Commission, which notioe shall apprise said owners, occupants, and contractors of the neoessity of compliance with this Chapter and specifically, the necessity of obtaining a Certificate of Appropriateness prior to undertaking any material change in appearance of the historic 8 04-28-1997 10:34AM P .10/12 P.10 APR-28-1997 11:29 .:' 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 official Augusta- Richmond County tax records and, where different from the address of such record tax owner, 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 occupantund.er this Chapter. Building contractors, licensed in Augusta-Richmond County shall similarly be notified as aforesaid, but failure of such building contractor to be sent such notice shall in no way affect the validity of an ordinanoe for designation. (h) Not:i.fication of other agencies regarding designation. The Historic Preservation Commission shall notify all affected agencies within Augusta~Richmond County of the ordinance for designation, as well as the local neighborhood, historical and preservation organizations. Failure of such agencies or organizations to receive such notification shall in no way affect the validity of such ordinance for designation. (i) Moratorium on applications for alteration or demoli tion while ordinance. for designation is pending. If the procedure for the designation of an historic district or historic property haa been init.iated as provided for in this Section, the Commission shall have the power to recommend to the Building Inspector a moratoria on the issuance of building permits and demolition permits involving the property Or properties proposed for designation. 9 04-28-1997 10:35AM P.11/12 P.l1 RPR-28-1997 11:2~ .. P.12/12 '. .... (j) -Authority to resoind designation. The Commission has the authority to rescind the ordinance designating a historic district or historic property following receipt of a recommendation from the Commission, provided that a public hearing has been held by ehe Historic Preservation Commission, prior to the Conunission's recommendation, providing the opportunity for public comment. Notification for such public hearing shall be the same as provided for in ~ 7-4-~5, hereof. Section 2. This Ordinance shall become effective immediately upon adoption. Duly adopted this -1L day of '1JlM.j , 1~97. .. ~ ....,-"'. z ~TT. T"-t~.- c- ::. ~."- ~-~ 1 r '~ Firat<Readingi '. . ~~ Second Reading: It J If II 19 /111 I 10 04-28-1997 10:35AM TOTRL P.12 P.12