§ 16-20.006. Designations.

(a)

Preparation of Designation Ordinance: Upon the nomination by the commission of any building, site or district to any category of protection provided by this part, the director of the urban design commission, in consultation with the bureau of planning, shall prepare a proposed zoning designation amendment accomplishing the intent of the resolution of nomination. For proposed Landmark or Historic District(s) the ordinance shall include proposed detailed regulations to be applied and which may be designed to supplant or to modify any existing regulations, including regulations pertaining to the use of land, buildings or structures within the districts, including any and all subareas of the districts according to section 16-20.005 of the Code of Ordinances. Such regulations may be drafted to require, for a particular district or its subareas, if any, certificates of appropriateness in addition to those required in section 16-20.007 of the Code of Ordinances. Such regulations may be prepared with the advice and assistance of the owner or owners of all such properties within the district, neighborhood groups, historic preservation groups, or other organizations or individuals qualified by interest, training and experience in achieving the objectives set forth in this chapter. The director shall present this proposed ordinance to the chair of the zoning committee for consideration.

(b)

Zoning Committee Action: Upon receipt of a resolution of nomination and proposed designation legislation, the zoning committee shall proceed at or before its next regular meeting to act upon the proposed designation ordinance.

The zoning committee may, by majority vote, modify any nomination by the urban design commission to another category provided that the reasons for such modification by the zoning committee shall be made a part of the record of the committee proceedings. The proposed designation ordinance, along with supporting documentation, shall then be presented by the chair of the zoning committee at the next regular meeting of the city council at which time said proposed ordinance shall be referred to the zoning review board for public hearing.

(c)

Public Hearing:

(1)

A public hearing on each proposed designation ordinance, except for Conservation Districts, shall be held by the zoning review board. Since the adoption by the city council and approval by the mayor of an ordinance that designates a building, site or district to any category of protection provided in this part except Conservation Districts is a zoning action which establishes either (1) an overlay zoning district with accompanying district regulations and map or (2) an overlay zoning regulation, notice as is provided in this chapter shall be followed for all such designation actions; provided however, that designation of Conservation Districts, and interim protection(s) afforded any property or properties pursuant to section 16-20.005(c) of the Code of Ordinances are not zoning actions and does not require the above-referenced notice and hearing procedures.

(2)

In addition to the requirements of chapter 27 of Part 16 of the Code of Ordinances relating to amendments to the zoning ordinance, and prior to action by the zoning review board on any proposed designation of a building, site or district to any category of protection permitted by the chapter, except Conservation Districts, the department of community development, through the bureau of planning, shall evaluate each such proposed designation and shall also consider the following matters:

a.

City goals and policies as are contained in the comprehensive development plan;

b.

Impact of proposal on transportation, urban design, other planning and development goals and objectives of the city;

c.

Potential impacts of tax abatements and other financial incentives which may be available to the property owner to assist in preservation; and

d.

Potential impacts of tax abatements and other financial incentives on the city budget.

In conducting such evaluation, the department of city planning shall request assistance and information from other city departments and agencies, including the department of finance, as may be appropriate to the specific proposal under construction.

(d)

Final Action: After public hearing by the zoning review board, each proposed designation ordinance shall be returned to the zoning committee for action and then reported to the city council for final action.

(e)

Post-Adoption Actions:

(1)

Within 20 days after any designation ordinance becomes law, the director of the commission shall send to the owner or owners of record of each such property so designated, by first class mail, a copy of the ordinance, a statement of the regulations governing their property, and a statement of the economic incentive which may be available for their property.

(2)

Within 20 days after any designation ordinance becomes law, the director of the commission shall send notice of such action to the following officials and agencies:

a.

Commissioner of the department of city planning;

b.

Commissioner of the department of public works;

c.

Commissioner of the department of parks and recreation;

d.

Commissioner of the department of watershed management;

e.

Director, bureau of planning;

f.

Director, bureau of buildings;

g.

Director, bureau of housing and code compliance;

h.

Police chief;

i.

Fire chief; and

j.

State historic preservation officer.

(3)

Within 20 days of any designation ordinance becomes law, except designations of conservation districts, the director of the commission shall file in the office of the clerk of the Superior Court of Fulton County of in the office of the Clerk of the Superior Court of DeKalb County, as is appropriate to said property, a certificate of notification that such property has such designation, and said certificate of notification shall be maintained on the public records until such time as the designation may be withdrawn by the city council and mayor.

(4)

The director of the commission may cause to be created a suitable plaque appropriately identifying each designated building, site or district. Such plaques shall be affixed to private property only with the written consent of the owner or owners of said property.

(Code 1977, § 16-20.006; Ord. No. 2003-07, § 1, 1-28-03; Ord. No. 2003-98, § 1, 10-14-03; Ord. No. 2013-27(13-O-1088), § 4, 6-26-13; Ord. No. 2017-14(17-O-1157) , § 6, 4-26-17)