§ 16-20.005. Nominations.

(a)

Applications.

(1)

Authority to apply: Nominations initiated by the director do not require an application. Except for nominations initiated by the director, an application shall be required to begin the nomination process set forth in this section. The following persons are empowered to file an application with the director for the nomination of a building, site or district to any category of protection provided by this part: the Atlanta City Council; for buildings or sites, the owner(s) of the building or site to be nominated, or an authorized agent; for districts, the owners of at least 10 properties, or the owners of 10 percent of the total number of properties within the proposed district, whichever is less, for each proposed district. Applications required by this section shall not be construed as zoning amendment applications required in Code of Ordinances section 16-27.001 et seq.

(2)

Form of application. When required as set forth above, applications for nominations shall be in the following form: Applications by the city council shall be in the form of a resolution requesting that the director initiate a nomination. Applications by property owners shall be made on forms prescribed by the director and available to the public. No such owner application shall be deemed to be complete until all supporting documentation required in the nomination process has been provided in a form prescribed by the director. Further, all owner applications shall be verified by each owner or each owner's authorized agent.

(3)

Processing of application: After an application is received in proper form, the director shall begin the nomination procedures set forth in this part within a reasonable time after receipt based upon the availability of the research and information necessary for the nomination and the availability of staff resources.

(b)

Initiation of Nomination Process: The process of nomination is initiated by a written notice of intent to nominate a building, site or district to any category of protection provided by this part. Said notice, which shall be prepared and mailed by the director, shall be sent by first class mail to the owner or owners of each such building or site, or in the case of districts to each individual owner of property within such district. Said notice shall describe the building, site or district proposed for nomination, including its location and/or boundaries; shall specify the category of protection to which it is proposed for nomination; shall specify the existing zoning classification, and/or boundaries, and historic protection, if any; shall state that the property could be nominated to another category of protection during the nomination process; shall announce the time, date and place of the public hearing by the commission to consider said nomination; shall include a statement notifying the property owner(s) of the automatic interim controls provided for in subsection (c) below; and shall include a copy of the interim control ordinance. In addition to the written notice of intent to nominate which initiates the nomination process, the director shall also, at least 15 but not more than 45 days prior to the hearing before the commission, cause to be published a notice within a newspaper of general circulation within the territorial boundaries of the city. This published notice shall state the time, date, place and purpose of the hearing. This published notice shall also include the location and/or boundaries of the property or properties, the existing zoning classification and historic protection, if any, the category of protection proposed, and a statement that the property could be nominated to another category of protection during the nomination process.

(c)

Interim Control:

(1)

Findings and purpose: The governing body finds that immediate but temporary interim controls prohibiting any alteration or demolition of any building or site for which a notice of intent to nominate has been mailed are required in furtherance of the city's comprehensive historic preservation program. Temporary preservation of the status quo is essential to effectively evaluate each proposed nomination and to allow consideration of appropriate designations of all proposed landmark or historic districts, buildings or sites, and to prevent circumvention of the intent of this part.

(2)

Control regulations: Therefore, any property or properties for which a notice of intent to nominate has been mailed shall receive the full legislative protection of, and be controlled by, the regulations governing that category of protection to which said property is proposed to be nominated, as specified in this part [section] and chapter 20 of Part 16 of the Code of Ordinances governing protection and treatment of properties so categorized. Said protection shall become automatically effective without further action of any kind immediately upon the date and time that the director of the urban design commission mails the notice of intent to nominate required by subsection (b) above. Except as provided below, the period of this mandatory interim protection shall not exceed 120 days commencing on the date and time of the mailing of said notice of intent to nominate. This interim control period allows and is based upon approximately 45 days for public hearing, evaluation of, and action on the proposed nomination by the commission and approximately 75 days for public hearing and review by the zoning review board, action by the zoning committee, and final action by the city council and the mayor as specified in this part. This 120-day period may be extended by resolution of council only if said extension is due to delay in the legislative process and only for a period of time equal to any such delay, but in no event shall the total interim control period permitted by this section exceed a maximum of 180 days.

(3)

Enforcement: The director of the commission shall deliver a copy of each notice of intent to nominate to the director of the bureau of buildings at or before the time and date each notice is mailed by the director of the commission. The director, bureau of buildings shall immediately take all steps necessary to accomplish the requirements of this section, and is prohibited from accepting any application or issuing any permit of any kind for any building, site or district specified in each notice of intent of nominate, unless the director of the bureau of buildings certifies that such permits are necessary due solely to unanticipated emergency public safety reasons or are approved pursuant to a valid certificate of appropriateness as provided for in this part [section] and in chapter 20 of Part 16 of the Code of Ordinances. Violations of this section shall be punishable as provided for in section 16-30.002 of the Code of Ordinances, as amended.

(d)

Preparation of Report: Prior to the commission's public hearing to consider any nomination(s) to any category of protection, the director shall conduct research and compile a written report in the nature of findings and recommendations regarding the historic, architectural and/or cultural significance of each proposed nomination. This report shall include a statement on each of the following to the extent that they apply to the proposed nomination(s):

1.

The criteria upon which the nomination of the building, site or district and its boundaries is based, including a finding that the proposed nomination either does or does not meet the minimum criteria required for nomination and designation;

2.

A description of the building(s) and/or site(s), as well as features of significance, including date of construction, architect or builder, and architectural style and materials used;

3.

A description of the boundaries of each building, site or district, including any proposed transition zone, which may be in the form of either a metes and bounds description or a plat or map. For all district nominations, the proposed boundaries shall be drawn to include all contributing properties reasonably contiguous within an area. Where reasonably feasible in relation to the purpose of each district, boundaries shall include frontage on both sides of streets, and shall divide the proposed district from other districts at rear lot lines, side lot lines, or at other points where divisions will create minimum inter-district friction. Internal boundaries may subdivide the district into subareas and transition areas for regulatory purposes. All descriptions shall be attached to the written report;

4.

If the proposed district is visually related to surrounding areas in such a way that actions in the surrounding area might have potentially adverse environmental influences on the district, proposed boundaries for such transitional areas shall be shown, and shall be called transitional zones;

5.

The existing zoning classification of the proposed designation;

6.

A reference to that section of the Zoning Ordinance of the City of Atlanta which permits the transfer of development rights of Landmark Buildings or Sites, or Historic Buildings or Sites; and

7.

All economic incentives which may be available to assist in the preservation of each Landmark Building or Site, or Historic Building or Site.

(e)

Commission Action:

(1)

Public hearing: The commission shall hold a public hearing to consider the nomination of each building, site or district proposed as a Landmark Building or Site, Historic Building or Site, Landmark District, Historic District, or Conservation District. Notice of the hearing shall be given as provided in subsection (b) of this section. The commission shall review and consider the staff report prepared pursuant to subsection (d) of this section as well as any other relevant information or documentation presented to it. The commission may solicit expert testimony regarding the historic, architectural or cultural importance of the building, site or district under consideration for nomination.

The commission shall afford to the owner or agent of any property which is being considered for nomination or any interested member of the public a reasonable opportunity to present testimony and documentation regarding the historic, architectural or cultural importance of the building, site or district proposed for nomination.

(2)

Successive nominations: A two-year waiting period shall be required before a building or site can be renominated for designation to the same category from which it was disapproved by the council.

(3)

Decision and transmittal: The commission shall make a decision in public with respect to each proposed nomination in the form of a written resolution within fifteen (15) days after the initial public hearing date. The resolution of nomination by the commission shall set forth those findings of fact which constitute the basis for the nomination and shall affirmatively state that the building, site or district meets or exceeds the criteria required for nomination. Upon adoption of the resolution of nomination by the commission, the director of the commission shall promptly transmit such resolution, including all supporting documentation, to the chair of the zoning committee of the city council and to the commissioner of the department of community development. The director shall also notify by first class mail the owner or owners of the property or properties which are the subject of said resolution of nomination of the decision of the commission.

(Code 1977, § 16-20.005)