In support and furtherance of its findings and determination that the historical, cultural and aesthetic heritage of the city 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; and
In order to stimulate revitalization of the business districts and historic neighborhoods and to protect and enhance local historical and aesthetic attractions to tourists and thereby promote and stimulate business; and
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 the designation, protection, preservation and rehabilitation of historic properties and historic districts and to participate in federal or state programs to do the same; and
The city council declares it to be the purpose and intent of this chapter to establish a uniform procedure for use in providing for the protection, enhancement, perpetuation and use of places, districts, sites, structures, and works of art having a special historical, cultural or aesthetic interest or value, in accordance with the provisions of this chapter. (Ord. No. 735, 11/1/06)
 

(a) Certificate of appropriateness means a document approving a proposal to make a material change in the appearance of a designated historic property or of a structure, site, or work of art located within a designated historic district, which document must be obtained from the historic preservation commission before such material change may be undertaken.
(b) Contributing resources are generally over 50 years old (or within the period of significance for a district that is less than 50 years old) and retain their historic physical features.
(c) Designation means a decision by the mayor and city council to designate a property or district as a “historic property” or as a “historic district” and thereafter to prohibit all material changes in appearance to the historic property or to structures, sites, or works of art denoted as contributing within a historic district prior to the issuance of a certificate of appropriateness from the historic preservation commission.
(d) Exterior architectural features means the architectural style, general design and general arrangement of the exterior of a building or other structure, including, but not limited to, the kind or texture of the building material; the type and style of all windows, doors, signs; and other appurtenant architectural fixtures, features, details or elements relative to the foregoing.
(e) Historic district means a geographically definable area, urban or rural, which contains structures, sites, works of art, or a combination thereof designated by the city council as a historic district pursuant to the criteria established in this chapter which:
(1) Have special character or special historical or esthetic interest or value;
(2) Represent one (1) or more periods or styles of architecture typical of one (1) or more eras in the history of the municipality, county, state, or region; and
(3) Cause such area, by reason of such factors, to constitute a visibly perceptible section of the municipality or county.
(f) Historic property means a structure, site, or work of art, including the adjacent area necessary for the proper appreciation or use thereof, deemed worthy of preservation by reason of its value to the municipality, county, state, or region for one (1) or more of the following reasons:
(1) It is an outstanding example of a structure representative of its era;
(2) It is one (1) of the few remaining examples of a past architectural style;
(3) It is a place or structure associated with an event or person of historic or cultural significance to the municipality, county, state, or region; or
(4) It is a site of natural or esthetic interest that is continuing to contribute to the cultural or historical development and heritage of the municipality, county, state or region.
(g) Material change in appearance means a change that will affect only the exterior architectural features of a historic property or of any structure, site, or work of art classified as contributing within a historic district and may include any or more of the following:
(1) A reconstruction or alteration of the size, shape or facade of an historic property, including relocation of any doors or windows or removal or alteration of any architectural features, details or elements;
(2) Demolition of a historic structure;
(3) Commencement of excavation;
(4) A change in the location of advertising visible from the public right-of-way on any historic property; or
(5) The erection, alteration, restoration or removal of any building or other structures within a designated historic district, including walls, fences, steps and pavements, or other appurtenant features, except exterior paint alterations.
(h) Noncontributing resources are either less than 50 years old (or outside the period of significance for a district that is less than 50 years old) or are over 50 years old but have lost their historic physical features due to additions, alterations, deterioration, etc., to the extent that they are unrecognizable as historic.
(i) Occupant. One (1) who has actual use, possession or control of a building or structure.
(j) Owner or owners. The term owner or owners means those individuals, partnerships, corporations or public agencies holding fee simple title to property. Owner or owners does not include individuals, partnerships, corporations or public agencies holding easements or less than fee interest (including leaseholds) of any nature.
(k) Site. A site is 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 archeological value regardless of the value of any existing structure.
(l) Structure. A structure is a building created to shelter any form of human activity, such as a house, barn, church, hotel, or similar structure. A structure may refer to a historically related complex such as a courthouse and jail or a house and barn. A structure may also be a work made up of interdependent and interrelated parts in a definite pattern of organization. Constructed by man, it may be an engineering project large in scale.
(m) Work of art. A work of art is 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. (Ord. No. 735, 11/1/06)
 

(a) There is created a commission whose title shall be “Conyers Historic Preservation Commission” (hereinafter “commission”).
(b) The commission shall consist of five (5) members appointed by the mayor and ratified by the city council. All members shall reside within the city and a majority of the members shall have demonstrated special interest, experience or education in history or architecture. To the extent available in Conyers, at least three (3) members shall be appointed from among professionals in the discipline of architecture, history, architectural history, planning, archaeology or related disciplines. In addition, the city manager or his or her designee shall serve as an ex officio nonvoting member of the commission. Members shall serve three (3) year terms. In order to achieve staggered terms, initial appointments shall be: one (1) member for one (1) year; two (2) members for two (2) years; and two (2) members for three (3) years. Members shall not receive a salary, although they may be reimbursed for expenses. (Ord. No. 735, 11/1/06)
 

The commission shall be part of the planning functions of the city. The commission shall make its reports and recommendations to the mayor and city council. (Ord. No. 735, 11/1/06)
 

(a) The commission shall elect a chairman and vice-chairman annually.
(b) The chairman shall preside at all meetings and hearings of the commission and decide all points of order and procedure. The chairman may appoint committees necessary to assist and advise it in its work.
(c) The vice-chairman shall serve as acting chairman in the absence of the chairman.
(d) A designated person from the planning department shall serve as the executive secretary of the commission. The executive secretary shall have responsibility for assisting the chairman in scheduling and preparing the agenda for meetings; providing copies of staff reports to members of the commission; preparing public notice of hearings and other meetings; and making, publishing and preserving public records of the attendance, proceedings, reports and actions of the commission. (Ord. No. 735, 11/1/06)
 

The commission shall be authorized to:
(a) Prepare and maintain an inventory of all property within the city having the potential for designation as historic property;
(b) Recommend to the city council specific districts, sites, structures, and works of art to be designated by ordinance as historic properties or historic districts;
(c) Review applications for certificates of appropriateness, and grant or deny the same in accordance with the provisions of this chapter;
(d) Review and comment upon proposed new construction or addition(s) to noncontributing structures in a historic district when said new construction or addition(s) constitute more than sixty percent (60%) of the existing structure or more than 1,000 square feet, whichever is less. Said review and comment is intended to assist the planning department in maintaining conformity with the site development subdivision and design standards and architectural standards set forth for the Olde Town overlay district. The commission shall complete its review and comment within 30 days after receipt of the request to review. Failure of the commission to complete its review and comment within 30 days shall constitute consent to the proposed new construction or addition(s);
(e) Upon passage of an Olde Town overlay zoning district, review and comment upon any application for a rezoning, special use permit, variance or preliminary plat approval for property within the Olde Town overlay district. The commission shall complete its review and comment within 30 days after receipt of the request to review. Failure of the commission to complete its review and comment within 30 days shall constitute consent to the application for rezoning, special use permit, variance or preliminary plat approval;
(f) Promote the acquisition by the city of conservation easements in accordance with the Georgia Uniform Conservation Easement Act. (O.C.G.A. secs. 44-10-1 through 44-10-8);
(g) Conduct educational programs on historic properties within the city and on general historic preservation activities;
(h) Make such investigations and studies of matters relating to historic preservation as the mayor and city council or the historic preservation commission may from time to time deem necessary or appropriate for the purposes of this article;
(i) Seek out local, state, federal and private funds for historic preservation, and make recommendations to the city council concerning the most appropriate uses of any funds acquired;
(j) Submit to the division of historic preservation of the department of natural resources or its successor a list of historic properties or historic districts designated;
(k) Receive donations, grants, funds or gifts of historic property and acquire and sell historic properties. The commission shall not obligate the city without prior consent;
(l) Recommend to the city council that the designation of any place, district, site, structure, or work of art as a historic property or as a historic district be revoked or removed;
(m) Review and comment upon a proposed rezoning in a historic preservation district to the mayor and city council. (Ord. No. 735, 11/1/06)
 

(a) Regular meetings. The commission shall hold regularly scheduled monthly meetings. All meetings shall be open to the public. Proper public notice of all meetings shall be provided in compliance with O.C.G.A. sec. 55-14-1, the Georgia Open Meetings Act. Each commission member shall be notified of each regular meeting at least five (5) days preceding the meeting through a written agenda prepared and distributed by the executive secretary. Robert’s Rules of Order shall control the conduct of all official meetings of the commission.
(b) Special called meetings. The chairman, executive secretary, or a majority of the commission may call a special meeting at any time that permits posting of a written notice for at least 24 hours at the place of regular meetings and giving written or oral notice at least 24 hours in advance of the meeting to the official legal organ of the city and county. The executive secretary shall prepare and cause to be delivered a written notice stating the specific purpose of the special called meeting to each commission member at least 24 hours in advance of the meeting. No business other than the specific stated purpose shall occur at the special called meeting.
(c) Agenda and minutes.
(1) The chairman and executive secretary shall determine the meeting agenda. All matters to be considered and/or acted upon by the commission shall appear on the agenda.
(2) Meeting minutes shall include and indicate all important facts, a report of all actions taken, a listing of those members present and those absent, a record of the vote of each member on each action taken on each matter and a record of any explanation or commentary that is relevant to the decisions made on matters before the commission.
(d) Order of business at meetings.
(1) All meetings shall be open to the public. The order of business at meetings shall be as follows:
a. Roll call and determination of a quorum;
b. Approval of minutes for previous meetings;
c. Unfinished business;
d. New business;
e. Reports;
f. Public comment;
g. Adjournment.
(2) The chairman may change the order of the agenda on matters appearing on the agenda during the meeting if, in his or her judgment, time and purpose may be served.
(e) Cancellation of meetings. In the event there is a lack of business to be discussed and/or voted upon at a future meeting, the executive secretary shall place an appropriate public notice at City Hall stating the date of the canceled meeting. Such notice shall be posted at least 24 hours in advance of the scheduled meeting.
(f) Adjournment of meetings. The commission may adjourn a regular meeting if all business cannot be disposed of on the set day and shall state the date, time and place of its resumption at the time of adjournment, provided that due notice is provided as required in O.C.G.A. sec. 55-14-1, the Georgia Open Meetings Act.
(g) Quorum and voting.
(1) Quorum. A quorum shall consist of three (3) members of the commission. A majority vote of those present shall be sufficient to decide all matters that come before the commission.
(2) Voting. A commission member, who is part of a quorum of the commission during the consideration of any matter but not participating in the discussion or vote on a specific matter because of a conflict of interest, shall be considered present for quorum purposes but abstaining from the voting on that specific matter. No commission member, who is present, may abstain from voting except in the case of having a conflict of interest with respect to the matter under consideration.
(3) Attendance. If any member of the commission is absent without cause for three (3) consecutive regular meetings of the commission, that member shall be removed automatically from membership; and a replacement shall be appointed in the same manner as the initial appointment. (Ord. No. 735, 11/1/06)
 

(a) A commission member who:
(1) Has a property interest in any real property affected by a commission decision;
(2) Has a financial interest in any business entity that has a property interest in any real property affected by a decision that is under consideration by the commission;
(3) Has a member of the family having any interest described in subsection (a)(1) or (a)(2) of this section. The commission member shall immediately disclose the nature and extent of such interest, in writing, to the planning director.
(b) The member who has an interest as defined in subsection (a)(1) or (a)(2) of this section shall disqualify himself/herself from voting on the action.
(c) The disqualified member shall not take any other action on behalf of himself or herself or any other person to influence action on the application. The disclosures provided for in this section shall be on public inspection in the planning department during normal working hours. (Ord. No. 735, 11/1/06)
 

(a) Initiation of designation. Designation of a historic property or a historic district may be recommended by majority vote of the members of the historic preservation commission to the mayor and city council or by majority vote of the members of the city council.
The designation of historic districts or historic properties may be recommended to the historic preservation commission or to the city council by a historical society, neighborhood association or a property owner.
(b) Documentation for proposed designation. Prior to the commission’s recommendation of a historic district or historic property to the city council for designation, the commission shall prepare a report for nomination consisting of:
(1) A physical description of the property or district;
(2) A statement of the historical, cultural, architectural and/or aesthetic significance of the property or of the properties in the proposed district;
(3) A map showing proposed district boundaries and classification of individual properties in the district (i.e., contributing or non-contributing), or for individual properties, a map or a plat showing property boundaries;
(4) A statement justifying the proposed district or individual property boundaries; and
(5) Representative photographs of properties in the district or of the proposed individual property;
(6) Statements documenting that the designated property meets the definition for a historic district or a historic property set forth in the definition section of this chapter;
(7) The name or names and addresses of the owner or owners of the properties nominated.
A copy of the report for nomination is identified for purposes of this document as Appendix A, a copy of which is attached hereto and hereby incorporated by reference.
(c) Procedures for review of proposed designation.
(1) Division of historic preservation department of natural resources comment. Upon completion of the report for nomination, the historic preservation commission shall submit the report to the division of historic preservation of the department of natural resources or its successor. The commission shall allow at minimum 30 days for the department of natural resources to prepare written comments addressing the report for nomination.
(2) Public hearing.
a. Upon the conclusion of the 30-day period for written comment by the department of natural resources or upon receipt of said comments, whichever occurs first, the historic preservation commission and the mayor and city council shall hold a joint meeting constituting a public hearing in accordance with the public hearing requirements of this chapter.
b. Notice of the public hearing shall be published at least three (3) times in the principal newspaper of general circulation within the municipality.
c. Written notice of the public hearing shall be mailed by the historic preservation commission to all owners and occupants of the properties located in the nominated district or to all owners and occupants of the nominated property.
d. All notices shall be published or mailed not less than 10 nor more than 20 days before the date set for the public hearing.
(d) Rules of procedure for public hearing.
(1) The proposed district or property nomination shall be heard on the date of the scheduled public hearing; except, if in the judgment of a majority of the historic preservation commission and the city council, specific circumstances surrounding the matter warrant the continuance of the hearing on the matter to a specific future date and time.
(2) Robert’s Rules of Order shall govern any procedural question not otherwise covered in this article.
(3) The mayor shall open the meeting by stating that a public hearing is to be held on the nomination.
a. The mayor shall request a report from the planning department concerning its findings and recommendations, if any, concerning the nomination.
b. The mayor shall provide an opportunity for the chairman of the historic preservation commission to address the nomination.
c. The mayor shall provide an opportunity for anyone who supports the nomination to speak.
d. The mayor shall provide equal opportunity for those who wish to speak in opposition to the nomination.
e. The mayor may limit the presentation of those for and against the nomination to a reasonable length of time, but not less than 10 minutes per side. If desired, the proponents of the nomination may reserve a portion of his/her allotted time for rebuttal and summary comments to be made following presentation of those opposed to the nomination.
f. Prior to speaking, each speaker shall identify himself/herself and state his or her current address. Each speaker shall limit remarks to data, evidence and opinions relevant to the proposed nomination. Speakers shall address all remarks to the mayor.
g. Following the allotted time for proponents and opponents, the mayor shall close the public hearing.
(e) Recommendation by historic preservation commission.
(1) Within a reasonable time after the conclusion of the public hearing, the historic preservation commission shall make a recommendation to the city council to:
a. Approve the proposed nomination as presented;
b. Approve the proposed nomination with amendments;
c. Deny the proposed nomination; or
d. Table the proposed nomination to a specified date.
(2) If the historic preservation commission fails to submit a recommendation regarding a nomination 30 days after the joint public hearing on the nomination, it shall be deemed to have given a recommendation of “no comment” on the proposed nomination. The “no comment” recommendation shall be forwarded immediately to the city council. However, the commission and a majority of property owners or occupants in the proposed district or the commission and the property owner and occupant of the proposed historic property may jointly agree to an extension of the 30-day period.
(f) Action by city council.
(1) Upon receipt of the recommendation from the historic preservation commission and the city council shall place the nomination on the next agenda of a regular meeting of the city council for a public hearing. The nomination shall be treated as a complete application for rezoning.
(2) In its review of the proposed nomination, the city council shall, in addition to the criteria set forth in article E in the City of Conyers zoning ordinance, consider the recommendations of the planning staff, the historic preservation commission as well as the criteria in this chapter.
(3) Upon receipt of the recommendation of the historic preservation commission, following the public hearing and its deliberation, the city council shall take one (1) of the following actions regarding the proposed nomination:
a. Approve the proposed nomination as drafted;
b. Approve the proposed nomination with amendments;
c. Deny the proposed nomination;
d. Table the proposal to a specified date.
(4) Within 30 days following the adoption of the nomination, 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 classified as contributing shall be given written notification of such designation by the mayor and city council, which notice shall apprise said owners and occupants of the necessity for obtaining a certificate of appropriateness prior to undertaking any material change in the appearance of the historic property.
(5) Following the adoption of the nomination, the district or property shall be listed on the official zoning map of the city.
(6) The owner of a historic property or an owner of a property classified as a contributing property within a designated historic district shall have the right to appeal de novo within 30 days of the date of the service of the decision of the city council to the superior court of Rockdale County. (Ord. No. 735, 11/1/06)
 

The city council may enact a moratorium for the issuance of building permits for acts constituting a material change in appearance during the pendency of designation for historic properties or historic districts. (Ord. No. 735, 11/1/06)
 

After the designation by ordinance of a historic property or of a historic district, no material change in the appearance of the historic property, or of a structure, site, or work of art classified as a contributing property within the historic district, shall be made or permitted to be made by the owner or occupant thereof, until the application for a certificate of appropriateness has been submitted to and approved by the historic preservation commission.
(a) Procedure for review of certificate of appropriateness.
(1) An application for a certificate of appropriateness shall be accompanied by drawings, photographs, plans and documentation required by the commission, as further set forth on the application for certificate of appropriateness, a copy of which is attached hereto as Appendix B and hereby incorporated by reference.
(2) When the planning department receives an application for a certificate of appropriateness, the applicant should be provided an opportunity to meet with the planning department. The purpose of this meeting is to acquaint the applicant with the requirements of this historic preservation ordinance and the views and concerns of the city when positions are flexible. Within 10 days of such a request, the department shall schedule a conference with the applicant and other relevant city departments.
(3) Within five (5) days after an application for a certificate of appropriateness is submitted, the planning department shall determine whether the application is complete. If the planning department determines the application is not complete, the director, or his or her designee, shall send a written statement to the applicant (by mail) specifying the application’s deficiencies. The application shall be withdrawn with a refund of fees paid, and the department shall take no further action on the application until it is re-submitted.
(4) When the planning department determines an application for a certificate of appropriateness is complete, the planning department shall distribute copies of the application for review and comment to the historic preservation commission.
(5) Prior to issuing its report and recommendation regarding the subject application for a certificate of appropriateness, the planning staff shall review the application, conduct a site review of the property and surrounding area and consider the impact of the application upon the historic property and/or the historic district.
(6) In determining whether to recommend the application to the historic preservation commission, the planning department shall consider the criteria set forth in this chapter.
(7) Upon the completion of the planning department’s review of an application for a certificate of appropriateness, the planning department will complete a report setting forth its recommendation to be forwarded along with the certificate of appropriateness application to the historic preservation commission.
(8) Upon notification of the receipt of a completed application for a certificate of appropriateness, the historic preservation commission shall place the application on the agenda of the next regular meeting of the historic preservation commission, in accordance with the requirements of this chapter.
(9) The notice of the meeting shall be in accordance with the Open Meetings Law of the State of Georgia set forth in title 50, chapter 14.
(b) Rules of procedure for certificate of appropriateness review.
(1) Prior to reviewing an application for a certificate of appropriateness, the historic 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 the opportunity to be heard. At minimum, this provision shall be construed to require written notice of the time and date of the meeting of the historic preservation commission at which the application will be considered to all property owners with property abutting the subject property, mailed no less than 10 days preceding the date of the commission’s meeting.
(2) In cases where the historic preservation commission necessary, it may hold a public hearing concerning the application. In the event a public hearing is deemed necessary, notice of said public hearing shall be provided at minimum as follows:
At least 10 days notice of the time and place of each public hearing shall be given by the planning director as follows:
a. In writing to the applicant and abutting property owners;
b. By publication at least once in the form of an advertisement in a newspaper of general circulation within the city;
c. By sign posted on the property.
(3) The application for certificate of appropriateness shall be heard on the date of the scheduled public meeting; except, if in the judgment of a majority of the historic preservation commission, specific circumstances surrounding the matter warrant the continuance of the matter to a specific future date and time.
(4) Robert’s Rules of Order shall govern any procedural question not otherwise covered in this article.
(5) The chairman shall announce the matter to be heard.
(6) The chairman shall request a report from the staff regarding its findings and recommendations, if any.
(7) The chairman shall provide the property owner or applicant the opportunity to be heard. In cases where the historic preservation commission deems necessary, it may hold a public hearing concerning the application.
(8) The chairman shall provide an opportunity for the historic preservation commission to ask questions of staff and the applicant.
(9) At the conclusion of questions from the historic preservation commission, the chairman shall seek a motion to act upon the application, as provided in this section.
(c) Commission action--Criteria for review. The commission, by majority vote, may approve the certificate of appropriateness as proposed, approve the certificate of appropriateness with any modifications it deems necessary, or reject it.
(1) The commission shall approve or reject an application for a certificate of appropriateness within 45 days after the filing of a complete application by the owner or occupant of a historic property, or of a structure, site, or work of art classified as contributing and located within a historic district. Evidence of approval shall be by a certificate of appropriateness issued by the commission. Notice of the issuance or denial of a certificate of appropriateness shall be sent by U.S. mail to the address given on the application to the applicant and all other persons who have requested such notice in writing filed with the commission.
(2) Failure of the commission to act within 45 days shall constitute approval, and no other evidence of approval shall be needed.
(3) In the event the commission 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 commission 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 doing so.
(4) 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 commission’s rejection of the application for a certificate of appropriateness 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.
(5) The commission shall approve the application and issue a certificate of appropriateness if it finds that the proposed material change(s) in appearance would not have a substantial adverse effect on the aesthetic, historic, or architectural significance and value of the historic property or the historic district. In making this determination, the commission shall consider, in addition to any other pertinent factors, the following criteria for each of the regulated acts set forth in this section:
a. The Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, a copy of which is attached hereto as Appendix C and hereby incorporated by reference.
b. Design guidelines for the City of Conyers, a copy of which is attached hereto as Appendix D and hereby incorporated by reference.
c. Upon passage of an Olde Town overlay zoning district, the site design standards, architectural standards and sign standards set forth in the City of Conyers overlay district, a copy of which is attached hereto as Appendix E and hereby incorporated by reference.
(6) Regulated acts.
a. Reconstruction, alteration, new construction or renovation. The commission shall issue certificates of appropriateness for the proposed work if the work conforms to:
1. The Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, a copy of which is attached hereto as Appendix C and hereby incorporated by reference;
2. The design guidelines for the City of Conyers, a copy of which is attached hereto as Appendix D and hereby incorporated by reference; or
3. Upon passage of an Olde Town overlay zoning district, the site design standards, architectural standards and sign standards set forth in the City of Conyers overlay district, a copy of which is attached hereto as Appendix E and hereby incorporated by reference.
b. Relocation. In addition to the criteria set forth in subsections (c)(5)(a) through (c) of this section, a decision by the historic preservation commission approving or denying a certificate of appropriateness for the relocation of a structure, or work of art shall be guided by:
1. The historic character and aesthetic interest the structure or work of art 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 structure or work of art 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 structure, site or work of art.
c. Demolition. In addition to the criteria set forth in subsections (c)(5)(a) through (c) of this section, the commission shall not approve applications for demolition without reviewing at the same time post-demolition plans. A decision by the historic preservation commission approving or denying a certificate of appropriateness for the demolition of structures, sites, or works of art shall be guided by:
1. The historic, scenic or architectural significance of the structure, site or work of art;
2. The importance of the structure, site, or work of art to the ambiance of a district;
3. The difficulty or the impossibility of reproducing such a structure, site, or work of art because of its design, texture, material, detail, or unique location;
4. Whether the structure, site or work of art is one (1) of the last remaining examples of its kind in the neighborhood or the city;
5. 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;
6. Whether reasonable measures can be taken to save the structure, site or work of art from collapse;
7. Whether the structure, site or work of art is capable of earning reasonable economic return on its value. (Ord. No. 735, 11/1/06)

(a) Any person adversely affected by any determination made by the commission relative to the issuance or denial of a certificate of appropriateness may appeal such determination to the city council. Any such appeal must be filed with the city council within 30 days after the issuance of a determination pursuant to this chapter or, in the case of a failure of a commission to act, within 30 days of the expiration of the 45-day period allowed for commission action. The appeal shall be in writing and shall include a written statement setting forth the factual basis for the appeal. Notice of appeal shall be delivered to the clerk of the City of Conyers. The city council may require the submission of additional written evidence and/or hold a hearing on the matter. Notice of the meeting shall be in accordance with the Open Meetings Law of the State of Georgia set forth in title 50, chapter 14. The city council shall issue a written decision on the appeal within 30 days of the date of delivery of the notice of appeal. The city council may approve, modify or reject the determination made by the commission, if it is determined that the commission abused its discretion in reaching its decision. All decisions by the city council shall be in writing and shall be served on the property owner personally or by registered or certified mail, sent to the address specified in the certificate for appropriateness application. All decisions of the city council shall be final. The appeal process contained in this section shall be a condition precedent to an aggrieved property owner seeking judicial relief.
(b) Any decisions of the city council may be reviewed upon application for writ of certiorari before the superior court of Rockdale County filed within 30 days of the date of the service of the decision of the city council. (Ord. No. 735, 11/1/06)
 

(a) A certificate of appropriateness shall become void unless construction is commenced within six (6) months of date of issuance.
(b) Certificates of appropriateness shall be issued for a period of 18 months and are renewable. (Ord. No. 735, 11/1/06)
 

The commission shall keep a public record of all applications for certificates of appropriateness and of all the commission’s proceedings in connection with said application. (Ord. No. 735, 11/1/06)
 

Where, by reason of unusual circumstances, the strict application of any provision of this chapter would result in exceptional practical difficulty or undue hardship to the owner of a specific property, the commission, in reviewing applications for certificates of appropriateness, after making specific findings of fact based directly on the evidence presented to them, shall have the power to vary or modify strict adherence to the provisions of this chapter; or to interpret the meaning of said provisions so as to relieve such difficulty or hardship, provided such variances, modifications or interpretations 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 variances, the commission may impose such reasonable and additional stipulations and conditions as will in its judgment fulfill the purpose of this chapter. In all circumstances, the undue hardship or exceptional practical difficulty complained of must be created by the regulations of this chapter and not by any action or actions of the property owner or applicant, which is a problem unique to the specific property. The variance or modification granted shall be the minimum variance or modification that will make possible the reasonable use of the property and/or compliance with other ordinances of the City of Conyers. The burden of demonstrating the existence of the hardship by preponderance of evidence shall be with the applicant. (Ord. No. 735, 11/1/06)
 

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 building inspector shall issue a cease and desist order and all work shall cease. (Ord. No. 735, 11/1/06)
 

The commission may, where such action is authorized by the city council and is reasonably necessary or appropriate for the preservation of a unique historic property, enter into negotiations with the owner for the acquisition by gift, purchase, exchange or otherwise, of the property or any interest therein. (Ord. No. 735, 11/1/06)
 

Ordinary maintenance or repair of any exterior architectural feature in or on a historic property to correct deterioration, decay or damage, or to sustain the existing form, which does not involve a material change in design, material or outer appearance does not require a certificate of appropriateness. (Ord. No. 735, 11/1/06)
 

Owners of historic property or properties classified as contributing within historic districts shall not allow their structures of works of art to deteriorate by failing to provide ordinary maintenance or repair. The commission in conjunction with the city manager or his or her designee shall be charged with the following responsibilities regarding deterioration by neglect:
(a) The commission, in conjunction with the city manager or his or her designee, shall monitor the condition of historic properties and existing structures or works of art 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, the deterioration of exterior architectural features, or the deterioration of a structure’s structural system shall constitute failure to provide ordinary maintenance or repair.
(b) In the event the commission determines a failure to provide ordinary maintenance or repair, the commission in conjunction with the city manager or his or her designee will notify the owner of the property and set forth steps which need to be taken to remedy the situation. The owner of such property will have 30 days in which to complete remediation.
(c) In the event that the condition is not remedied in 30 days, the property owner shall be issued a citation as provided by the code of ordinances for the City of Conyers, Georgia. (Ord. No. 735, 11/1/06)
 

Nothing in this chapter shall be construed to exempt property owners from complying with existing city or county building and zoning codes, nor to prevent property owners from making use of property not prohibited by other statutes, ordinances or regulations. (Ord. No. 735, 11/1/06)
 

A person who violates a provision of this chapter or fails to comply with any of the requirements thereof shall be subject to the general penalty provision of this code of ordinances set forth in section 1-1-8 of this code of ordinances. Where any offense continues from day to day, each day the violation continues shall constitute a separate offense. (Ord. No. 735, 11/1/06)

Secs. 8-9-58 through 8-9-70 reserved.