CHAPTER 3

LAND USES

ARTICLE I

Land Uses

§3-101 Subdivision of Land

ARTICLE II

Zoning of Land

§3-201 Zoning of Land

ARTICLE III

Mapped Streets Ordinance

§3-301 Title§3-302 Jurisdiction§3-303 Purpose§3-304 Maps as Part of Ordinance§3-305 Official Mapped Streets Index Map§3-306 Official Mapped Streets Map§3-307 Property Improvement Restrictions§3-308 Property Acquisition Trust Fund§3-309 Abrogation and Greater Restrictions§3-310 Conflicting Laws Repealed§3-311 Severability

ARTICLE IV

Resources Protection Ordinance

§3-401 Purpose§3-402 Definitions§3-403 Resource Protection Commission§3-404 Recommendations for the Acquisition of Properties§3-405 Management of the Chatham County Resource Protection Fund§3-406 Liberality of Construction, Enforcement, and Penalty for

Violation

ARTICLE V

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Historic Preservation Ordinance

§3-501 Purpose§3-502 Definitions§3-503 Historic Preservation Commission§3-504 Recommendation and Designation of Historic Districts and

Historic Properties§3-505 Application to Commission for Certificate of

Appropriateness§3-506 Penalty Provisions§3-507 Severability§3-508 Repealed

ARTICLE VI

§3-601 Purpose and Scope§3-602 Applicable Property§3-603 Determination of Value§3-604 Finding of Undevelopable§3-605 Notification to Abutting Property Owners§3-606 Confirmation by Board of Commissioners§3-607 Conveyance to Another Body Politic§3-608 Effective Date

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ARTICLE I

Subdivision of Land

§3-101 Subdivision of Land. The ordinance entitled “SubdivisionRegulation of Chatham County, Georgia” enacted August 7, 1961,as amended, is hereby incorporated by reference and shall beof the same force and effect as if set forth in length herein. (Ordinance is available in the offices of the County Clerk,County Engineer, and Metropolitan Planning Commission.)

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ARTICLE II

Zoning of Land

§3-201 Zoning of Land. The ordinance entitled “Zoning Ordinanceof Chatham County, Georgia,” enacted August 10, 1962, asamended, is hereby incorporated by reference and shall be ofthe same force and effect as if set forth in length herein. (Ordinance is available in the offices of the County Clerk,Zoning Administrator, and Metropolitan Planning Commission.)

(Zoning Ordinance of Chatham County, Georgia, adopted August10, 1962; Revised as of September, 1987.)

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ARTICLE III

Mapped Streets Ordinance

§3-301 Title. This ordinance shall be known and cited as the“Mapped Streets Ordinance for Chatham County, Georgia.”

§3-302 Jurisdiction. The provisions of this ordinance shallapply to all lands within the unincorporated area of ChathamCounty.

§3-303 Purpose. The purpose of this ordinance is to provide themeans by which the required rights-of-way for existing andplanned streets and roadway and their intersections andinterchanges in Chatham County may be protected and preservedfrom encroachment by land use development or modifications.

§3-304 Maps as Part of Ordinance. The Official Mapped StreetsIndex Map and Official Mapped Streets Map, referenced herein,are made a part of this Ordinance to the same extent as if theinformation set forth on such documents was fully describedand incorporated herein.

§3-305 Official Mapped Streets Index Map.

1. An Official Mapped Streets Index Map is hereby established andadopted. Such Map shall show the location and functionalclassification of all roadway improvements which are on theadopted Chatham Urban Transportation Study Thoroughfare Plan,as well as existing public roadways and roadway segmentsplanned for widening, and proposed new public roadways.

2. The Official Mapped Streets Index Map will be maintained andfiled at the office of the Chatham County-SavannahMetropolitan Planning Commission.

3. The Mapped Streets Index Map may, from time to time, beupdated, changed, or otherwise modified as the CUTS Plan ismodified by the Chatham Urban Transportation Study PolicyCommittee.

§3-306 Official Mapped Streets Map.

1. An Official Mapped Streets Map is hereby established. Suchmap shall show the location and reference and centerlines andright-of-way extent of streets and thoroughfares as shown onthe Official Mapped Streets Index Map, which have met thecriteria as set forth in subsection 7.

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2. The base maps for the Mapped Streets Map shall be the officialChatham County Tax Maps.

3. The street and thoroughfare centerlines and proposed right-of-way extents are to be drawn on the Mapped Streets Map with adegree of precision that is consistent with current plans,programs, and specifications for Mapped Streets. All proposednew streets and proposed street widenings and realignments, aswell as intersection widenings and proposed interchanges shallbe shown.

4. The Mapped Streets Map shall be maintained and updated andkept on file by the Chatham County-Savannah MetropolitanPlanning Commission.

5. The County Engineer shall provide the Planning Commission withthe information to be plotted on the Mapped Streets Map.

6. The Mapped Streets Map shall be officially updated immediatelyupon the adoption of any change or alteration thereto by theChatham County Commission.

7. In order for a roadway or roadway segment to be included as acomponent of the Mapped Streets Map, such street or roadwaysegment must first meet the following criteria:

a. Be shown on the Official Mapped Streets Index Map.

b. Be subjected to a preliminary location engineering study,by survey or otherwise, whereby the alignment, cross-section elements and required rights-of-way areestablished within a reasonable tolerance that isadequate to determine the extent to which properties areaffected by the facility.

c. Have complied with all requirements, which may includepublic hearings, in order to meet the Federal and StateUniform Acquisition and Relocation Program procedures.

§3-307 Property Improvement Restrictions.

1. No building permit/approval (i.e. building permit, site planapproval, land clearing activities permit, or subdivisionapproval) shall be issued for any activity, building orstructure to be located within the planned right-of-way of anynew roadway or widened existing roadway designated on theMapped Streets Map until the County has terminatednegotiations for acquisition of said right-of-way as set forthherein.

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2. Any development permit issued pursuant to the procedure setforth in section 12-1307, 1 shall clearly state that suchdevelopment lies within the proposed right-of-way of a mappedstreet.

3. Existing uses on affected properties may continue until suchtime as the property is acquired by the County.

§3-308 Property Acquisition Trust Fund.

1. An interest-bearing Property Acquisition Trust Fund is herebyestablished to provide funds for the purchase of roadwayrights-of-way and to fund necessary Engineering Studies forstreets and thoroughfares identified on the Mapped StreetsMap.

2. An initial appropriation of $_______ is hereby allocated tothe Property Acquisition Trust Fund to be used exclusively forthe acquisition of roadway rights-of-way and to fund thenecessary Engineering Studies.

3. Such fund shall be reimbursed by the County as funds becomeavailable, to replace withdrawals made under the MappedStreets program. A balance of not less than $____________shall be maintained at all times.

§3-309 Abrogation and Greater Restrictions. This ordinance isnot intended to repeal, abrogate, or impair any existingeasements, covenants, or deed restrictions. However, wherethis ordinance and another conflict or overlap, whicheverimposes the more stringent restrictions shall prevail.

§3-310 Conflicting Laws Repealed. All ordinances and laws, andparts thereof, in conflict with this ordinance are repealed.

§3-311 Severability. If any provision of this ordinance isdeclared to be invalid, such declaration shall not affect,impair, or invalidate the remaining provisions of thisordinance. (9-29-89)

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ARTICLE IV

Resources Protection Ordinance

Article IV was adopted in its entirety on April 11,2008.

§3-401 Purpose. The Board of Commissioners of Chatham Countyhereby finds and determines that the natural, historic,cultural and aesthetic heritage of Chatham County is amongits most valued and important assets and that thepreservation of this heritage is essential to the promotionof the health, prosperity and general welfare of the people. Therefore, it is the purpose and intent of this Ordinance toestablish a uniform procedure to provide for the protectionin perpetuity for the use of areas with significant natural,historic, cultural or aesthetic interest or value and forthe use of areas which protect current or future sources ofpotable water.

§3-402 Definitions.

1. Acquisition - Means the purchase from a willing seller offee or less than fee interests in real property, without theexercise of eminent domain. These interests include, butare not limited to, options, rights of first refusal,conservation easements, leases, mineral rights, water rightsand development rights. Nothing contained in thisdefinition shall be construed to prevent the ResourceProtection Commission and the property owner from jointlyagreeing to seek judicial determination of property value.

2. The Chatham County Resource Protection Fund - Means adedicated fund used to account for the proceeds of revenuesources which are legally restricted to expenditure, and mayinclude, but are not limited to, funds appropriated ordesignated, private or other gifts, and interest earned uponany funds on deposit. Use of the fund is restricted to thepurchase through fee simple or conservation strategies notedin Section II.A., payment for appraisals, surveys,engineering studies, environmental reports, and legal feesrelated to acquisition, and the maintenance or siteimprovement for passive recreation of properties listed onthe Resource Protection Database for Chatham County andmunicipalities.

3. Site Ranking Criteria Policy - Means a policy that willguide the ranking of acquisition sites. The policystandards set shall address the following:

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a. Incorporating or protecting significant wildlifehabitat and corridors;

b. Preventing encroachment on flood plain, riparian andmarsh wetland areas;

c. Preserving significant historic and cultural resources;

d. Protecting adjacent public lands from the impacts ofdevelopment;

e. Protecting current or future sources of potable water;or

f. Providing educational and passive recreationalopportunities throughout Chatham County which arelocated on or directly related to qualifying protectedproperties.

4. Site Acquisition Policy - Means a policy establishingclassification levels by grouping sites into a hierarchy foracquisition and management of real-estate within ChathamCounty for the Resource Protection Commission. The policystandards set shall address the following:

a. The acquisition of sites in fee simple, options, rightsof first refusal, conservation easements, leases,mineral rights, water rights and development rights;

b. Classification levels of the proposed sites based onSite Ranking Criteria Policy; and

c. The management of protected properties and easementsheld on purchased properties.

5. Passive Recreation - Means provision of recreation in theform of hiking, camping, fishing, running, jogging, biking,walking, birding, riding horses, observing or photographingnature, picnicking, playing non-organized sports, orengaging in free play; and connection of existing or plannedareas contributing to the goals set out in this Ordinance.

6. Historic Property - Property must meet the Historic Propertydefinition outlined by the Chatham County PreservationOrdinance: Means a structure, site or work of art, typicallyat least 50 years old, including the adjacent area necessaryfor the proper appreciation or use thereof, deemed worthy ofpreservation by reason of its value to Chatham County, Stateof Georgia or region for one or more of the followingreasons:

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a. It is an outstanding example of a structurerepresentative of its era;

b. It is one of the few remaining examples of a pastarchitectural style;

c. It is a place or structure associated with an event orperson of historic or cultural significance to ChathamCounty, State of Georgia or the region; or

d. It is a site of natural or aesthetic interest that iscontinuing to contribute to the cultural or historicaldevelopment and heritage of Chatham County, State ofGeorgia or the region.

§3-403 Resource Protection Commission.

1. Creation and Composition. There is hereby created acommission whose title shall be “CHATHAM COUNTY RESOURCEPROTECTION COMMISSION” (hereinafter “RPC”) which shallconsist of nine (9) members appointed by the Board ofCommissioners of Chatham County. At least one member shallbe appointed by the Board of Commissioners from eachcommissioner district and shall reside in that districtthroughout the term. All members must be residents ofChatham County and shall be persons who have demonstratedspecial interest in the preservation and restoration ofhistoric and environmentally sensitive areas. Of those nine(9) the RPC shall include at least five (5) representativesof professions directly related to environmental or historicpreservation through land trusts, environmentalconservation, education, planning and law.

2. Terms of Office. Members shall serve three (3) year terms. Members may not serve more than two (2) consecutive terms. In order to achieve staggered terms, initial appointmentsshall be: three (3) members for one (1) year; three (3)members for two (2) years and three (3) members for three(3) years. Initial appointees shall be appointed Initialappointees shall be made in accordance with the staggeredterms and identified as such.

3. Serve without pay. Members shall not receive salary,although they may be reimbursed for expenses by priorauthorization of the RPC.

4. Statement of the RPC’s Powers. The RPC shall be authorizedto:

a. Adopt necessary policies for Site Ranking Criteria andSite Acquisition for the evaluation and preparation of

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an inventory list of significant environmental,historic, cultural and aesthetic properties withinChatham County.

b. Prepare and maintain an inventory of all propertiesmeeting the Site Ranking criteria. This collectionshall include prior data findings of compilationsconducted by Chatham County and its municipal HistoricPreservation Commissions which have adopted resolutionsin agreement with this Ordinance, and priorcompilations by The Greenspace Protection Committee andthe MPC Resource Protection Committee. This inventoryshall be known as the Chatham County ResourceProtection Database.

c. Establish and manage the Chatham County ResourceProtection Fund and secure mechanisms to provideongoing financial resources for the Fund.

d. Implement a standing Technical Advisory Committee (TAC)and any Ad Hoc Committees as the RPC may create. TheTAC shall:

i. Establish and carry out policies for Site RankingCriteria and Site Acquisition.

ii. Review site applications and initial rankingperformed by the Commission staff in partnershipwith area land trust organizations, followingpolicies established by the RPC.

iii. Recommend properties for acquisition andrestoration to the RPC for the distribution offunding allocated in the Chatham County ResourceProtection Fund.

iv. Review and recommend the approval of the AnnualReport completed by RPC staff.

v. Make recommendations to established County andMunicipal Historic Preservation Commissionsregarding the eligibility of historic propertiesto the Chatham County or Municipal Register ofHistoric Places.

vi. Elect a Vice-Chair.

vii. Meet bimonthly, or as deemed appropriate by theTAC. Meetings shall be held on a regular scheduleand open to the public.

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viii. Consist of at least thirty-two (32) membersselected by the RPC from sectors of the communitylisted below:

(1) Four (4) representatives appointed from theSavannah Board of Realtors.

(2) Four (4) representatives appointed from theGreater Savannah Home Builders Association.

(3) Eight (8) representatives from natural andhistoric based non-profits and state/federalagencies in Chatham County.

(4) Nine (9) civic/government representatives -One representative from each municipality andunincorporated Chatham County.

(5) Representatives from Chatham County andMunicipal Neighborhood Associations.

(6) Citizens at Large - Any citizen of ChathamCounty interested in the preservation ofnatural or historic resources may attend theCommission’s TAC meetings. Voter privilegeswill be granted after attending six (6)consecutive meetings within one year, anddemonstrating a sincere interest in thepolicies of the TAC.

e. Utilize the Chatham County Resource Protection Fund forrecommending the acquisition of significant propertiesrecommended by the TAC by referencing methods describedin Section II.A.

f. Work to pursue acquisition through other means such as,but not limited to donation through conservationeasements and grants. The RPC holds the authority toapply for external funding sources when funds shall beallocated to the purposes defined by the Chatham CountyResource Protection Fund.

5. Rules of Procedure: The RPC shall adopt rules and standardsfor the transaction of its business and for performingduties for recommending the acquisition and management ofareas meeting defined criteria. Such rules shall includebylaws and provisions for removal of members. Policystandards shall include the Site Ranking Criteria and SiteAcquisition standards noted in definitions of SECTION II.B-C. The RPC shall assist municipalities in the creation andadoption of a resolution that will allow full municipal

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participation in the outlined structure of Section III.D.4,the Technical Advisory Committee and Section III.D.2, theChatham County Resource Protection Database. These rulesand standards must also include approval of themunicipality’s governing board or council or jurisdiction inwhich a property resides before being acquired orrehabilitated under protection measures mentioned herein.

6. Conflict of Interest: The Commission shall be subject toall conflict of interest laws set forth in Georgia Statutesand in the Chatham County Code of Ethics.

7. Records of Commission Meetings. A public record shall bekept of the RPC’s resolutions, proceedings and actions.

8. Resource Protection Professional: The Executive Director ofthe Chatham County - Savannah Metropolitan PlanningCommission, or his/her designee, shall be the ResourceProtection Professional. The Professional and staff shallprovide support services to the RPC.

§3-404 Recommendations for the Acquisition of Properties.

1. Preliminary Research by RPC.

a. RPC mandate to conduct a formal survey of resources. The RPC shall compile and collect information onnatural, historic, cultural and aesthetic resourceswithin Chatham County. This collection shall include,but not be limited to, data findings of compilationsconducted by Chatham County and all Municipal HistoricPreservation Commissions, and prior compilations by TheGreenspace Protection Committee and The MPC ResourceProtection Committee. This list shall serve as theResource Protection Database for Chatham County, andshall serve as the guide for purchase and protection ofproperties. It shall be continually modified andupdated as requested by the RPC.

b. RPC’s power to acquire properties utilizing the ChathamCounty Resource Protection Fund. Upon receivingrecommendations from the TAC, the RPC shall electproperties for acquisition on a quarterly basis, unlessotherwise determined by the RPC. The propertieselected for acquisition shall be held to all standardsand management plans adopted in the Site AcquisitionPolicy.

c. RPC’s documentation of proposed acquisition. Prior tothe RPC’s conducting consideration of an acquisition,

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the RPC shall prepare a Report for Nominationconsisting of:

i. Site Ranking Criteria Policy evaluation scores;

ii. Site Acquisition Policy classification; and

iii. Supplemental information to include representativephotographs, willing land owner signatures and amap depicting location of proposed acquisition. Aproperty owner who writes the RPC to opposeconsideration of acquisition of his/her/itsproperty shall have the property removed from anynomination. For property with multiple ownership,property ownership shall mean majority interest ormanaging partner for purposes of writtencommunication.

d. Municipal or jurisdiction approval. Any propertyproposed for acquisition by the RPC must have approvalof the municipality’s governing authority where saidproperty is situated before acquisition can occur. Forproperty in unincorporated Chatham County, the Board ofCommissioners shall provide approval.

2. Annual Report of Acquired Properties. The RPC shall reviewand approve an annual report compiled and submitted by theRPC support staff and TAC for ultimate submission to eachmunicipality and the Chatham County Board of Commissioners. This report shall include purchased properties, purchaseddevelopment rights, and conservation easements on identifiedareas for protection and funding/expense data.

§3-405 Management of the Chatham County Resource ProtectionFund.

1. Ongoing Funding Mechanism. The RPC and acting RPCProfessional shall assist in ensuring continual funding ofThe Chatham County Resource Protection Fund through theapplication to available funding sources, including but notlimited to, grants.

2. Fiscal Responsibility of the Chatham County ResourceProtection Fund. The RPC shall be charged with fiscalresponsibility for public funds available in the ChathamCounty Resource Protection Fund. Uses shall include seekingmatching funds through grant funding possibilities,conservation donations and other such measures.

§3-406 Liberality of Construction, Enforcement, and Penalty forViolation.

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1. Liberality of Construction. This Ordinance shall beliberally construed in favor of the governing body ofChatham County and deemed neither to limit nor repeal anyother powers granted under State statutes.

2. Penalties for Violation. Violations of any provisions ofthis Ordinance shall be punished in the same manner asprovisions for punishment of violations of validly-enactedordinances of Chatham County.

3. Severability. In the event that any section, subsection,sentence, clause or phrase of this Ordinance shall bedeclared or adjudged invalid or unconstitutional, suchadjudication shall in no manner affect the other sections,sentences, clauses, or phrases of this Ordinance, whichshall remain in full force and effect, as if the section,subsection, sentence, clause or phrase so declared oradjudged invalid or unconstitutional were not originallypart thereof.

4. Repealed. All ordinances and parts of ordinances inconflict with this Ordinance are hereby repealed to theextent necessary to give this Ordinance full force andeffect.

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ARTICLE V

Historic Preservation OrdinanceOrdinance adopted on November 18, 2005

Ordinance amended and adopted inits entirety on February 27, 2009

§3-501 Purpose. It is the finding and determination of the Boardof Commissioners of Chatham County, Georgia (hereinafter“Board of Commissioners”) that the historical, cultural, andaesthetic heritage of Chatham County is among its mostvalued and important assets and that the preservation ofthis heritage is essential to the promotion of the health,prosperity, and general welfare of the people. Therefore, itis the purpose and intent of the Ordinance to establish auniform procedure to provide for the protection,enhancement, perpetuation and use of areas having a specialhistorical, cultural, or aesthetic interest or value.

§3-502 Definitions.

1. Certificate of Appropriateness - Means a document evidencingapproval by the Historic Preservation Commission of anapplication to make a material change in the appearance of adesignated historic property or of a property located withina designated historic district.

2. Exterior Architectural Features - Means the architecturalstyle, general design, and general arrangement of theexterior of a resource, including but not limited to thekind or texture of the building material and the type andstyle of all windows, doors, signs, and other appurtenantarchitectural fixtures, features, details, or elementsrelative to the foregoing.

3. Historic District - Means a geographically definable area,urban or rural, which contains resources which:

a. Have special character or special historic (typicallyat least fifty-years old) or aesthetic interest orvalue;

b. Represent one or more periods or styles of architecturetypical of one or more eras in the history of theCounty of Chatham, State of Georgia or region; and

c. Cause such area, by reason of such factors, toconstitute a visibly perceptible section of the County.

A Historic District shall further mean an area designated bythe Board of Commissioners as a Historic District pursuant

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to the criteria established in Section 504-2 of thisOrdinance.

4. Historic Property - Means a resource, typically at leastfifty years old, including the adjacent area necessary forthe proper appreciation or use thereof, deemed worthy ofpreservation by reason of its value to the County ofChatham, State of Georgia or region for one or more of thefollowing reasons:

a. It is an outstanding example of a resource representative of its era;

b. It is one of the few remaining examples of a pastarchitectural style;

c. It is a resource associated with an event or person ofhistoric or cultural significance to Chatham County,State of Georgia or the region; or

d. It is a site of natural or aesthetic interest that iscontinuing to contribute to the cultural or historicaldevelopment and heritage of Chatham County, State ofGeorgia or the region.

5. Material Change - Means a change that will affect only theexterior architectural features of a historic property or ofany resource within a historic district, and may include anyone or more of the following:

a. A reconstruction or alteration of the size, shape, orfaçade of a resource, including relocation of anydoors or windows or removal or alteration of anyarchitectural features, details, or elements includingawnings;

b. Demolition or relocation of a resource;

c. The erection, alteration, restoration, or removal ofany resource within a designated historic district orhistoric property, including walls, fences, steps, andpavements, or other appurtenant features, except coloralterations;

d. The erection or alteration of any sign over threesquare feet and visible from a public right-of-waywithin a historic district except for those signspermitted under Sec. 7-1.6 of the Chatham County ZoningOrdinance.

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6. Resource - Means any building, structure, site or work ofart within a designated historic district or historicproperty.

§3-503 Historic Preservation Commission.

1. Creation and Composition. There is hereby created acommission whose title shall be “CHATHAM COUNTY HISTORICPRESERVATION COMMISSION” (hereinafter “Commission”) whichshall consist of nine (9) members appointed by the Board ofCommissioners. All members shall be residents of ChathamCounty and shall be persons who have demonstrated specialinterest in the preservation of historic resources. TheCommission shall include at least five (5) representativesof professions which are directly related to historicpreservation such as architecture, architectural history,planning, archaeology, law, or building construction orrestoration.

2. Terms of Office. Members shall serve three-year terms.Members may not serve more than two (2) consecutive terms.In order to achieve staggered terms, initial appointmentsshall be: three (3) members for one (1) year; three (3)members for two (2) years; and three members (3) for three(3) years.

3. Serve without pay. Members shall not receive a salary,although they may be reimbursed for expenses.

4. Statement of the Commission’s Powers. The Commission shallbe authorized to:

a. Prepare and maintain an inventory of all propertywithin its respective historic preservationjurisdiction having the potential for designation ashistoric.

b. Review applications for designation of historicproperties and historic districts, and makerecommendations to the Board of Commissioners on thoseproperties or districts eligible to be designated byordinance as historic properties or historic districts;

c. Review applications for Certificates ofAppropriateness, and grant or deny same in accordancewith the provisions of this ordinance;

d. Recommend to the Board of Commissioners that thedesignation of a historic district or historicproperty be revoked or removed;

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e. Make such investigations and studies of mattersrelating to historic preservation as the Board ofCommissioners or the Commission itself may, from timeto time, deem necessary or appropriate for the purposesof preserving historic resources. Any such request forinvestigations or studies shall be made directly to theExecutive Director of the Chatham County-SavannahMetropolitan Planning Commission for evaluation withregard to the agency’s work program;

f. Seek out local, state, federal, or private funds forhistoric preservation, and make recommendations to theBoard of Commissioners concerning the most appropriateuses of any funds acquired; and

g. Submit to the Historic Preservation Division of theGeorgia Department of Natural Resources a list ofhistoric properties and historic districts designated.

5. Rules of Procedure. The Commission shall adopt rules andstandards for the transaction of its business and forconsideration of applications for designation of historicproperties and historic districts and for Certificates ofAppropriateness. Such rules shall include By-Laws andremoval of membership provisions. Standards shall include“Design Guidelines and Criteria” to be developed for eachproperty or district designated in accordance with theprovisions of this ordinance. The Commission shall have theflexibility to adopt rules and standards without amendmentto this Ordinance.

6. Conflict of Interest. The Commission shall be subject to allconflict of interest laws set forth in the Official Code ofGeorgia Annotated and in the Chatham County Code of Ethics,the provisions of which are hereby incorporated byreference.

7. Records of Commission Meetings. A public record shall bekept of the Commission’s resolutions, proceedings andactions.

8. Preservation Professional. The Executive Director of theChatham County-Savannah Metropolitan Planning Commission, orhis designee, shall be the Preservation Professional. ThePreservation Professional and staff shall provide supportservices to the Commission.

§3-504 Recommendation and Designation of Historic Districts andHistoric Properties.

1. Preliminary Research by Commission

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a. Commission’s mandate to conduct a survey of historicresources. The Commission shall compile and collectinformation on historic resources within Chatham Countyto identify areas which may be appropriate forprotection under the provisions of this ordinance. Thisshall be the list entitled Unincorporated ChathamCounty Historic and Cultural Resources List in theComprehensive Plan.

b. Commission’s power to recommend districts andproperties to the Board of Commissioners fordesignation. The Commission shall present to the Boardof Commissioners recommendations for historic districtsand historic properties. Such properties or districtsshall first have been listed on the UnincorporatedChatham County Historic and Cultural Resources Listfound in the Chatham County-Savannah ComprehensivePlan. If such property is not listed, the PreservationProfessional shall evaluate and determine itseligibility for listing prior to the Commission’srecommendation.

c. Commission’s documentation of proposed designation.Prior to the Commission’s recommendation of a historicproperty or historic district to the Board ofCommissioners for designation, the Commission shallprepare a Report for Nomination consisting of:

i. A physical description; including but not limitedto boundaries, street patterns, styles, materials,geographical features, and othercharacter-defining features of a historic propertyor historic district;

ii. A statement of the historic, cultural,architectural, and/or aesthetic significance;

iii. A map showing boundaries;

iv. A map showing contributing resources;

v. A statement justifying boundaries; and

vi. Representative photographs.

2. Designation of a Historic District

a. Criteria for the selection of historic districts. Ahistoric district is a geographically definable area,urban or rural, which contains resources, which:

i. Have special character or special historic oraesthetic interest or value;

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ii. Represent one or more periods or styles ofarchitecture typical of one or more eras in thehistory of the County of Chatham, State of Georgiaor region; and

iii. Cause such area, by reason of such factors, toconstitute a visibly perceptible section of theCounty.

b. Boundaries of a historic district. Boundaries of ahistoric district shall be shown on the official ZoningMap of Chatham County, Georgia.

c. Identification of resources within historic districts.Individual resources within historic districts shall beshown on the “Contributing Resources Map” for thedistrict and shall be classified as:

i. Contributing (contributes to the district); or

ii. Non-contributing (does not contribute to thedistrict, as provided for in 2.a.).

3. Designation of a Historic Property

a. Criteria for selection of historic properties. Ahistoric property is a resource, including theadjacent area necessary for the proper appreciation oruse thereof, deemed worth of preservation by reason ofvalue to the County of Chatham, the State of Georgia orregion for one of the following reasons:

i. It is an outstanding example of a resourcerepresentative of its era;

ii. It is one of the few remaining examples of a pastarchitectural style;

iii. It is a place or resource associated with an eventor persons of historical or cultural significanceto the County of Chatham, State of Georgia, or theregion; or

iv. It is the site of natural or aesthetic interestthat is continuing to contribute to the culturalor historical development and heritage of theCounty of Chatham, State of Georgia or region.

b. Boundaries of a historic property. Boundaries of ahistoric property shall be shown on the official ZoningMap of Chatham County, Georgia.

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c. Identification of resources within a historic property.Individual resources within a historic property shallbe shown on the “Contributing Resources Map” for theproperty and shall be classified as:

i. Contributing (contributes to the property); or

ii. Non-contributing (does not contribute to theproperty, as provided for in 4.a.).

4. Requirements for Adopting an Ordinance for the Designationof Historic Districts and Historic Properties.

a. Required components of a designation ordinance. Anyordinance designating any property or district ashistoric shall:

i. Include the “Design Guidelines and Criteria”developed for the property or district;

ii. List each property in a proposed historic districtor describe the proposed individual historicproperty;

iii. Set forth the name(s) of the owner(s) of thedesignated property or properties;

iv. Require that a Certificate of Appropriateness beobtained from the Commission prior to any materialchange in appearance; and

v. Require that the boundaries of the property ordistrict be shown on the Official Zoning Map ofChatham County, Georgia.

b. Require public hearings. The Commission or the Board ofCommissioners shall hold a public hearing on anyproposed ordinance for the designation of any historicdistrict or historic property. Notice of the hearingshall be published in at least three (3) consecutiveissues in the principle newspaper of local circulation,and written notice of the hearing shall be mailed bythe Commission to all owners and occupants of suchproperties. All such notices shall be published andmailed not less than ten (10) or more than twenty (20)days prior to the date set for the public hearing. Anotice sent via the United States mail to thelast-known owner of the property shown on the Countytax digest and a notice sent via attention of theoccupant shall constitute legal notification to theowner and occupant under this ordinance.

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c. Owner comment. During the hearing at which theCommission or the Board of Commissioners is reviewingthe proposed designation, property owners shall begiven the opportunity to comment on the proposeddesignation. Owners of private property in districtswith multiple owners shall be given the opportunity toconcur in or object to the proposed designation.

d. Notification of Historic Preservation Division. No lessthan thirty (30) days prior to making a recommendationon any designation ordinance, the Commission mustsubmit the report, required in Section III(D)(7) to theHistoric Preservation Division of the Department ofNatural Resources.

e. Recommendations on proposed designations. Arecommendation to affirm, modify or withdraw theproposed ordinance for designation shall be made by theCommission following the Public Hearing and shall be inthe form of a resolution to the Board of Commissioners.

f. The Board of Commissioners’ actions on the Commission’srecommendation. Following the receipt of theCommission’s recommendation, the Board of Commissionersmay adopt the ordinance as proposed, may adopt theordinance with any amendments they deem necessary, orreject the ordinance.

g. Owner notification. Within thirty (30) days followingthe adoption of the designation ordinance, the ownersshall receive written notification of the designationand the notice shall tell them that a Certificate ofAppropriateness (COA) must be obtained from theHistoric Preservation Commission prior to any materialchange in appearance.

§3-505 Application to Commission for Certificate ofAppropriateness.

1. Certificate of Appropriateness required. After thedesignation by ordinance of a historic district or historicproperty, a Certificate of Appropriateness approved andissued by the Commission shall be required for any of thefollowing, except as permitted under 505-3 Staff Review inthis Section:

a. Demolition of any resource located in the historicdistrict or historic property.

b. Moving a resource into, within or out of the historicdistrict or historic property.

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c. Material change in the exterior appearance of aresource located in the historic district or historicproperty by additions or alterations.

d. Any new construction of a building or structure in ahistoric district or historic property subject to viewfrom a public right-of-way.

e. Addition or change of awnings subject to view from apublic right-of-way.

f. Material change in existing walls or fences orconstruction of new walls or fences subject to viewfrom a pubic right-of-way.

g. Erection or placement of any internally illuminatedsign or of any other sign exceeding three square feetin size except as permitted under Sec. 7.1.7 of theChatham County Sign Ordinance.

2. Building permit. A building permit shall not be issuedwithout a Certificate of Appropriateness. In cases where abuilding permit is not required, a Certificate ofAppropriateness shall be required before construction canbegin. In-kind maintenance and signs under three square feetare exempt from this requirement.

3. Staff Review. A Certificate of Appropriateness approved bythe Preservation Professional, under procedures establishedin the rules of the Commission, shall be required before apermit is issued for certain undertakings. The list ofundertakings such as awnings, roof materials, windows anddoor replacement shall be set by majority vote of the entiremembership of the Commission and may be added to or deletedfrom by a majority vote of the entire membership of theCommission.

4. Submission of plans to the Commission. An application for aCertificate of Appropriateness shall be accompanied bydrawings, photographs, plans, and documentation required bythe Commission. Such application, and supplementaryinformation, shall be filed by the published cut-off date.

5. Jurisdiction. In its review of applications for Certificatesof Appropriateness, the Commission shall not considerinterior arrangement or use having no effect on exteriorarchitectural features.

6. Public hearings on applications for Certificates ofAppropriateness. Except as provided for in Section V,(C)above, the Commission shall hold a public hearing at which

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each proposed Certificate of Appropriateness is discussed.The Commission shall give the applicant an opportunity to beheard at the Certificate of Appropriateness hearing.

7. Action on application for Certificate of Appropriateness.The Preservation Professional shall present the applicationfor a Certificate of Appropriateness, together with arecommendation for approval, approval with conditions, ordisapproval to the Commission. The Commission shall approvethe application or approve with conditions and issue aCertificate of Appropriateness if it finds that the proposedmaterial change(s) would not have a substantial adverseeffect on the aesthetic, historic, or architecturalsignificance and value of the historic property or historicdistrict based on the “Design Guidelines and Criteria” forthe property or district.

8. Exterior Work that does not require a Certificate ofAppropriateness. General exterior maintenance and exteriorrepairs with in-kind material does require a Certificate ofAppropriateness. However, the property owner should contactthe Preservation Professional to discuss the level of workto occur and provide a photograph to show the subjectproperty and the area or items to be repaired forverification.

9. Development Standards

a. Preservation of contributing resources within ahistoric district or historic property. Contributingresources, or any appurtenances related thereto visiblefrom a public right-of-way, including but not limitedto walls, fences, steps, and signs, shall only bealtered, reconstructed, moved, or maintained only in amanner that will preserve the historic and exteriorarchitectural features of the resource or appurtenancethereto. For the purposes of this section, exteriorarchitectural features shall include but not be limitedto the architectural style, scale, general design, andgeneral arrangement of the exterior of the resource,including the kind and texture of the buildingmaterial, the type and style of all roofs, windows,doors and signs. In considering proposals for theexterior alterations of contributing resources and inapplying the development standards, the documentedoriginal design of the resource may be considered.

b. New Construction. A decision by the Commissionapproving or denying a Certificate of Appropriatenessfor new construction of a building shall be guided bythe following principles:

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i. New buildings or structures shall be constructedto a height generally equal to the average heightand proportions of existing resources from thehistoric period which characterizes the districtor property or the contributing resource to whichit is visually related.

ii. The scale of new buildings or structures shall begenerally consistent with the size and proportionsof existing resources from the historic periodwhich characterizes the district or property orthe contributing resource to which it is visuallyrelated.

iii. The proportion of the width of new buildings orstructures to the width of their lot shall reflectthe prevailing rhythm of contributing resourceswithin the district or property or thecontributing resource to which it is visuallyrelated.

iv. The front walls of new buildings or structuresshall be set back equal distance from the streetright-of-way as adjacent contributing resources.

v. The roof forms of new buildings or structuresshall be generally consistent with roof shapes,pitches, and materials of contributing resourceswhich characterize the district or property or thecontributing resource to which it is visuallyrelated.

vi. The façade pattern of new buildings or structuresshall generally reflect the rhythm of door andwindow openings established by contributingresources which characterize the district orproperty or the contributing resources to which itis visually related.

c. Reconstruction, alteration, or renovation. A decisionby the Commission approving or denying a Certificate ofAppropriateness for the reconstruction, alteration, orrenovation of a resource shall be guided by thefollowing principles:

i. The architectural character of a resource shall beretained and preserved. The removal of distinctivematerials or alteration of features and externalspatial relationships that characterize a resourceshall be avoided.

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ii. Changes that create a false sense of historicaldevelopment, such as adding conjectural featuresor elements from other historic resources shallnot be constructed.

iii. Distinctive materials, features, finishes,construction techniques, or examples ofcraftsmanship that characterize a resource shallbe preserved.

iv. Where deterioration requires replacement of adistinctive feature, the new feature shall matchthe old in design, color, texture, and wherepossible, materials. Replacement of missingfeatures shall be substantiated by documentary andphysical evidence.

d. Relocation. A decision by the Commission approving ordenying a Certificate of Appropriateness for therelocation of a resource shall be guided by:

i. The historic character and aesthetic interest theresource contributed to its present setting;

ii. Whether there are definite plans for the area tobe vacated and what the effect of those plans onthe character of the surrounding area will be;

iii. Whether the resource can be moved withoutsignificant damage to its physical integrity; and

iv. Whether the proposed relocation area is compatiblewith the historic and architectural character ofthe resource.

e. Demolition. A decision by the Commission approving ordenying a Certificate of Appropriateness for thedemolition of a resource shall be guided by:

i. The historic or architectural significance of theresource;

ii. The importance of the resource to the ambiance ofthe district or property;

iii. The difficulty or the impossibility of reproducingsuch a resource because of its design, texture,material, detail, or unique location;

iv. Whether the resource is one of the last remainingexamples of its kind in the district or county;

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v. Whether there are definite plans for reuse of theproperty if the proposed demolition is carriedout, and what the effect of those plans on thecharacter of the district or property would be;

vi. Whether reasonable measures can be taken to savethe resource from collapse; and

vii. Whether the resource is capable of earningreasonable economic return on its value.

10. Design Guidelines and Criteria. In addition to the generaldevelopment standards listed above, the Commission shallprepare a supplementary document for each designatedhistoric district or historic property which shall beentitled “Design Guidelines and Criteria” and shallestablish specific review standards which reflect theindividual character of the district or property. Suchstandards shall be adopted in the designation ordinance forthe historic district or historic property.

11. Undue hardship. When, by reason of unusual circumstances,the strict application of any provision of this Ordinancewould result in exceptional practical difficulty or undueeconomic hardship upon any owner of a specific resource, theCommission, in passing upon applications, shall have thepower to modify strict adherence to said provisions, or tointerpret the meaning of said provisions, so as to relievesuch difficulty or hardship; provided such waivers,modifications or interpretations shall remain in harmonywith the general purpose and intent of said provisions, sothat the architectural or historic integrity, or characterof the resource, shall be conserved and substantial justicedone. In granting waivers, the Commission may impose suchreasonable and additional stipulations and conditions aswill, in its judgment, best fulfill the purpose of thisOrdinance. An undue hardship shall not be a situation of theperson’s own making.

12. Action on application for Certificate of Appropriateness

a. The Commission shall hear all applications meeting thefiling requirements at the next scheduled meeting, orif a quorum is not present, at a special meeting heldwithin fourteen (14) calendar days from the scheduledmeeting. Evidence of approval shall be by a Certificateof Appropriateness issued by the Commission. Notice ofthe issuance or denial of a Certificate ofAppropriateness shall be sent by United States mail tothe applicant and all other persons who have requestedsuch notices in writing filed with the Commission.

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b. In the event the Commission rejects an application, itshall state its reasons for doing so, and shalltransmit a record of such actions and reasons, inwriting, to the applicant. The Commission may suggestalternative courses of action it thinks proper if itdisapproves of the application submitted. The applicantmay make modifications to the plans and may resubmit atany time after doing so.

c. In cases where the application covers a material changein the appearance of a resource which would require theissuance of a building permit, the rejection of theapplication for a Certificate of Appropriateness by theCommission shall be binding upon the building inspectoror other administrative officer charged with issuingbuilding permits and, in such a case, no buildingpermit shall be issued.

13. Requirement of conformance with Certificate ofAppropriateness

a. All work performed pursuant to an issued Certificate ofAppropriateness shall conform to the requirements ofsuch certificate. In the event work is performed not inaccordance with such certificate, the Chatham CountyDirector of Inspections shall issue a cease and desistorder and all work shall cease.

b. The Chatham County Director of Inspections shall beauthorized to institute any appropriate action orproceeding in a court of competent jurisdiction toprevent any material change in appearance to adesignated historic property or within a designatedhistoric district, except those changes made incompliance with the provisions of this ordinance.

14. Certificate of Appropriateness void if construction notcommenced. A Certificate of Appropriateness shall becomevoid unless construction has commenced within twelve (12)months of date of issuance or has been renewed for anadditional twelve (12) months by the Commission. One renewalshall be permitted.

15. Recording of applications for Certificates ofAppropriateness. The Commission shall keep a public recordof all applications for Certificates of Appropriateness, andof all the Commission’s proceedings in connection with saidapplication.

16. Appeals. Any person adversely affected by any determinationmade by the Commission relative to the issuance or denial of

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a Certificate of Appropriateness may appeal suchdetermination to the Board of Commissioners. Any such appealmust be filed with the Board of Commissioners within fifteen(15) days after the issuance of the determination. The Boardof Commissioners may approve, modify, or reject thedetermination made by the Commission, if the appeals bodyfinds that the Commission abused its discretion in reachingits decision. Design criteria shall not be the basis forappeal of an adverse decision. Appeals from decisions of theBoard of Commissioners may be taken to the Superior Court ofChatham County in the manner provided by law for appealsfrom zoning decisions of the Board of Commission. Decisionsof the Preservation Professional shall be appealed first tothe Commission.

17. Maintenance of Contributing Resources and Zoning CodeProvisions

a. Ordinary maintenance or repair. Ordinary maintenance orrepair of any exterior architectural or environmentalfeature in or on a resource to correct deterioration,decay, or to sustain the existing form, and that doesnot involve a material change in design, material orouter appearance thereof, does not require aCertificate of Appropriateness.

b. Failure to provide ordinary maintenance or repair.Property owners of historic properties or propertieswithin historic districts shall not allow theirresources to deteriorate by failing to provide ordinarymaintenance or repair. The Commission shall be chargedwith the following responsibilities regardingdemolition by neglect.

i. The Commission shall monitor the condition ofresources within historic properties and historicdistricts to determine if they are being allowedto deteriorate by neglect. Such conditions asbroken windows, doors and exterior openings whichallow the elements or vermin to enter, or thedeterioration of a resource’s structural systemshall constitute a failure to provide ordinarymaintenance or repair.

ii. In the event the Commission determines a failureto provide ordinary maintenance or repair, theCommission shall notify the owner of the propertyand set forth the steps which need to be taken toremedy the situation. The owner of such propertyshall have thirty (30) days in which to remedy thesituation.

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iii. In the event that the condition is not remedied inthirty (30) days, the issue shall be remanded tothe Building Inspections Department of ChathamCounty for legal action.

c. Affirmation of existing building and zoning codes.Nothing in this ordinance shall be construed as toexempt property owners from complying with existingCounty building and zoning codes, nor prevent anyproperty owner from making any use of this property notprohibited by other statutes, ordinances orregulations.

§3-506 Penalty Provisions. Violations of any provisions of thisOrdinance shall be punished in the same manner as provisionsfor punishment of violations of validly-enacted Ordinancesof Chatham County, Georgia.

§3-507 Severability. In the event that any section, subsection,sentence, clause or phrase of this Ordinance shall bedeclared or adjudged invalid or unconstitutional, suchadjudication shall in no manner affect the other sections,sentences, clauses, or phrases of this Ordinance, whichshall remain in full force and effect, as if the section,subsection, sentence, clause or phrase so declared oradjudged invalid or unconstitutional were not originally apart thereof.

§3-508 Repealed. All ordinances and parts of ordinances inconflict with this Ordinance are hereby repealed.

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ARTICLE VI

Disposition of Undevelopable Parcels(Article VI adopted in its entirety on

September 11, 2009)

§3-601 Purpose and Scope. The Board of Commissioners isauthorized to sell and convey parcels of small or narrowstrips of land, so shaped or so small as to be incapable ofbeing used independently as zoned or under applicablesubdivision or other development ordinances or land useplans, or as streets, whether owned in fee or used byeasement, to abutting property owners where such sales andconveyances facilitate the enjoyment of the highest and bestuse of the abutting owner’s property without firstsubmitting the sale to the process of an auction or thesolicitation of sealed bids; provided, however, that eachabutting property owner shall be notified of theavailability of the property under such terms and conditionsas set out by this ordinance.

This ordinance should be construed to accomplish thesepurposes.

§3-602 Applicable property.

1. The Zoning Administrator shall determine whether a parcel ofland remains so small or in such a manner shaped orconfigured so as to make the parcel incapable of being usedindependently as zoned under applicable subdivision or otherdevelopment ordinances or land use plans. In making such adetermination, the Zoning Administrator shall refer to theapplicable ordinances, including minimum square footage andproperty setback requirements within the applicable zoningclassification. The Zoning Administrator shall place thisdetermination in writing.

§3-603 Determination of value.

1. The property’s value for the purpose of sale and conveyanceshall be determined by one of two means.

a. The property may be appraised by a Certified GeneralReal Property Appraiser licensed in the State ofGeorgia.

b. The property’s value may be calculated by use ofcomparable values for abutting properties as calculatedby the Assessor’s Office and confirmed by the most-recently approve tax digest. According to this meansof determination, the square feet value of the abutting

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properties shall be multiplied by the total squarefootage of the property to be conveyed to calculate asum amount.

2. A value for sale and conveyance may be determined as $1based upon a finding that the property lacks anycompensatory value in comparison to the benefit ChathamCounty receives in placing the property into privateownership.

§3-604 Finding of undevelopable. After the ZoningAdministrator makes a determination in accordance with §3-602 and places such determination in writing, and thedetermination of value meets the requirements of §3-603, theBoard of Commissioners shall consider whether the parcel canbe declared as surplus and a minimum sale amount presentedto the abutting property owners. Said consideration shallbe provided in an open meeting in conformance with Georgia’sOpen Meetings Law and the action shall be placed in theminutes of the meeting when the Board of Commissionersconsidered such action.

§3-605 Notification to abutting property owners. Based uponthe Board of Commissioners’ approval to declare the parcelas surplus and sell and convey the parcel at an approvedvalue, each abutting property owner shall be providednotice. If multiple owners abut the same parcel, each willbe notified about the availability to acquire any portion ofthe parcel which divides equally the parcel and adjoins theprivate property. Only that portion of the parcel whichadjoins the abutting private property shall be offered forsale and conveyance unless by determination of the CountyManager, or his designee, that the public interest will bebetter served to eliminate remnant islands of publicownership.

2. Said notice shall be delivered by Certified Mail by theUnited States Postal Service and allow the abutting propertyowner 15 days to accept the approved value.

§3-606 Confirmation by Board of Commissioners.

1. Sale and conveyance shall be by quitclaim.

2. Upon recording of the quitclaim, the sale and conveyanceshall be confirmed by the Board of Commissioners andincluded within the minutes of the Board of Commissioners’meeting.

§3-607 Conveyance to another body politic. Notwithstandingthe provisions stated above, this article shall not apply

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nor contradict other provisions of the Georgia Code whichexempts the requirements for the sale and conveyance ofcounty property to another body politic.

§3-608 Effective date. This ordinance shall become effectiveOctober 1, 2009.

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