§ 26-44. Historic preservation commission.

(a)

Creation of a historic preservation commission. There is hereby created a body, whose title shall be the Cornelia Historic Preservation Commission, hereafter referred to as the historic preservation commission or HPC. The commission shall be a part of the planning and development functions of the city.

(b)

Preservation commission members; number, appointment, terms and compensation.

(1)

The historic preservation commission shall consist of five members appointed by the city commission. All members must be residents of Habersham County and property owners in the City of Cornelia, and a minimum of three members must be residents of the city. To the extent available, at least three members should be appointed from among professionals in the disciplines of architecture, history, architectural history, historic preservation, planning, archaeology or related disciplines. At least one member shall be a property owner in the historic district.

(2)

Members shall serve three-year terms. In order to achieve staggered terms, initial appointments shall be: Two members for two years; and three members for three years. Members shall not receive a salary, although they may be reimbursed for expenses incurred while acting in the interests of the commission. Members can not serve more than two consecutive terms.

(3)

Failure of a member to attend three consecutive meetings without satisfactory cause, as determined by the board, shall constitute a vacancy of said historic preservation commission member's position, and the position shall be filled by the city commission.

(c)

Statement of the historic preservation commission's powers. The historic preservation commission shall be authorized to:

(1)

Prepare and maintain an inventory of all properties within the city having potential for designation as local historic properties or local historic districts.

(2)

Recommend to the city commission specific buildings, structures, objects, sites or districts to be designated as local historic properties or local historic districts.

(3)

Consider applications for certificates of appropriateness and approve or deny same in accordance with the provisions of this article.

(4)

Recommend to the city commission that the designation of any building, structure, object, site or district as a local historic property or local historic district be revoked, altered or removed.

(5)

Restore or preserve any historic properties acquired by the city with the city's consent.

(6)

Promote the acquisition of facade easements and conservation easements by the city in accordance with the provisions of the Facade and Conservation Easements Act of 1976 (O.C.G.A. §§ 55-10-1 through 55-10-5).

(7)

Conduct educational programs on historic properties located within the city and on general historic preservation activities.

(8)

Make such investigations and studies of matters relating to historic preservation, including consultation with historic preservation experts, that the city commission or the historic preservation commission may, from time to time, deem necessary or appropriate for preserving historic resources.

(9)

Seek out local, state, federal and private funds for historic preservation, and make recommendations to the city commission concerning the most appropriate uses of any funds acquired.

(10)

Submit to the office of historic preservation of the department of natural resources a list of historic properties or historic districts that have been designated.

(11)

Perform historic preservation activities as the official agency of the city historic preservation program.

(12)

Receive donations, grants, funds or gifts of historic property and acquire and sell historic properties. The historic preservation commission shall not obligate the city without prior consent.

(13)

Review and make comments to the office of historic preservation of the department of natural resources concerning the nomination of properties within its jurisdiction to the National Register of Historic Places.

(14)

Participate in private, state and federal historic preservation programs and with the consent of the city, enter into agreements to do the same.

(15)

Employ persons, if necessary, to carry out the responsibilities of the historic preservation commission.

(d)

Historic preservation commission's power to adopt rules and standards. The historic preservation commission shall adopt operational rules and standards for the administration of its business and for consideration of applications for designations and certificates of appropriateness such as bylaws or rules of procedure, and design guidelines. The historic preservation commission shall have the flexibility to adopt rules and standards without amendment to this article. The historic preservation commission shall provide for the time and place of regular meetings and a method for the calling of special meetings. The historic preservation commission shall select such officers as it deems appropriate from among its members. A quorum shall consist of a majority of the members.

(e)

Conflict of interest. At any time the historic preservation commission reviews a project in which a member of the board has ownership or other vested interest, that member will be forbidden from presenting, voting or discussing the project, other than answering a direct question.

(f)

Historic preservation commission's authority to receive funding. The historic preservation commission shall have the authority to accept donations and shall insure that these funds do not displace appropriated governmental funds.

(g)

Technical, administrative and clerical assistance. Technical, administrative and clerical assistance shall be provided as required by the historic preservation commission and approved by the city commission.

(h)

Records of historic preservation commission meetings. A public record shall be kept of the commission's resolutions, proceedings and actions.

(Ord. No. 12-09-01, § 1, 1-5-2010)

Cross reference

Administration.