§ 16-20.007. Certificates of appropriateness; generally.

(a)

When Required, Generally: In addition to other permits which are required pursuant to any city ordinance, and in addition to any certificate of appropriateness which may be required pursuant to any other landmark or historic building, site or district regulation contained in Part 16 of the Code of Ordinances, certificates of appropriateness shall, unless provided otherwise in the detailed regulations governing Landmark or Historic Districts contained within a designation ordinance as provided in section 16-20.006 of the Code of Ordinances, be required for any of the following actions within each of the following categories:

(1)

Landmark buildings and sites:

a.

To change the exterior appearance of any Landmark Building or Site;

b.

To change the interior appearance of any Landmark Building or Site which has a designated interior;

c.

To erect a new structure or to make an addition to any Landmark Building or Site;

d.

To demolish or move any Landmark Building or Site in whole or in part; or

e.

To vary any applicable regulation.

(2)

Historic buildings and sites:

a.

To change the exterior appearance of any Historic Building or Site;

b.

To erect a new structure other than a replacement structure referred to in section 16-20.008(e), or to make an addition to any Historic Building or Site which is visible from the public way; or

c.

To vary any applicable regulation.

(3)

Landmark Districts:

a.

To change the exterior appearance of any structure within any Landmark District;

b.

To erect any new structure or to make an addition to any structure within a Landmark District;

c.

To demolish or move any structure, in whole or in part, within a Landmark District; or

d.

To vary any applicable regulation.

(4)

Historic Districts:

a.

To change the exterior appearance of any structure within an Historic District;

b.

To erect a new structure or to make an addition to any structure within an Historic District;

c.

To demolish or move any contributing structure in whole or in part, within an Historic District; or

d.

To vary any applicable regulation.

(b)

Conservation Districts Exempted: Certificates of appropriateness are not required for Conservation Districts. However, no person shall construct, alter, demolish or move, in whole or in part, any building, structure or site located within a Conservation District until the commission shall have reviewed the proposed action(s) and made written recommendations regarding any such action to the owner(s) of the property. Upon application of the owner of any property within any such Conservation District for a building or other development permit, the director, bureau of buildings shall promptly refer such applicant to the urban design commission. The applicant shall provide the director of the commission with complete plans regarding the permit for which application has been made, and the director of the commission shall present the plans at the next regular meeting of the urban design commission. At said meeting, the commission shall review the subject plans and shall transmit, through the director, the written recommendations of the commission regarding such permit application to the applicant, with a copy to the bureau of buildings. The recommendations shall be sent by first class mail to the owner within five days following the date of the commission review. Such recommendations constitute an advisory review only, and the owner may elect to modify plans in order to incorporate said recommendations, or may elect to proceed with the original plans for the permit application. If the commission fails to provide said written advisory comments to the owner(s) within 30 days of the owner(s) initial application to the bureau of buildings, the bureau of buildings shall issue the permit(s) at the request of the owner without compliance with this subsection.

(c)

Demolition or Moving of Historic Building and Sites Exempted: A certificate of appropriateness is not required to demolish or move any Historic Building or Site. However, prior to the demolition or moving of any historic building or site, an application shall be required in accordance with the following procedures:

(1)

Each applicant shall submit on the same day to both the bureau of buildings and the director of the urban design commission all applications, plans and information required by the bureau of buildings to obtain such a permit.

(2)

In addition, the applicant shall submit, at the same time and in the same manner, a site plan and drawings, including elevations, indicating the floor area and height of the proposed new building and the impact of the proposed building or alteration on the historic site, as the term "building" is defined in section 16-29.001 of the Code of Ordinances, and provided that such building has a total square footage at least equal to the square footage of the footprint of the building or site proposed to be demolished or moved.

(3)

The urban design commission shall have 45 days following the receipt of all materials required in subparts (1) and (2) above to renew the application and provide to the applicant written comments advising the applicant about actions which could be taken to maintain the integrity of the Historic Site.

(4)

During the 45-day commission review, the bureau of buildings shall process and review the application in accordance with its usual procedures, but shall issue no permit prior to the expiration of said 45-day period.

(5)

Immediately after the expiration of said 45-day commission review period of an alteration or demolition permit application, and whether or not the commission's comments are favorable, but providing that the application otherwise meets existing regulations generally applicable to such permits, the director, bureau of buildings shall issue to the applicant a written certificate stating that the demolition permit application is in order; and a demolition permit will be issued when the applicant is issued a foundation permit for the building which is to be placed on the site, and further stating that the certificate shall remain in force for period of 18 months or until the City of Atlanta enacts legislation designating the site as a Landmark Building or Site, whichever occurs sooner.

(6)

The requirements of this section are intended to ensure that no Historic Building and Site be demolished unless the owner(s) has the intent and financial ability to construct a new building replacing the Historic Building or Site proposed to be demolished.

(Code 1977, § 16-20.007)