§ 106-25. Historic preservation commission established; duties.

(a)

Creation of the commission. There is hereby created a commission whose title shall be the "Harlem historic preservation commission."

(b)

Commission position within the city. The commission shall be part of the planning functions of the city.

(c)

Commission members.

(1)

The commission shall consist of five members appointed by the mayor and the city council. All members shall be residents of the city and shall be persons who have demonstrated special interest, experience or education in history, architecture or the preservation of historic resources.

(2)

To the extent available in the city, at least three members shall be appointed from among professionals in the disciplines of architecture, history, architectural history, planning, archaeology or related professions and at least one member shall be appointed from among professionals in the disciplines of building construction or real property appraisal.

(3)

Members shall serve three-year terms. Members may not serve more than two consecutive terms. In order to achieve staggered terms, initial appointments shall be: one member for one year; two members for two years; and two members for three years. Members shall not receive a salary, although they may be reimbursed for expenses.

(d)

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

(1)

Prepare and maintain an inventory of all property within the city having the potential for designation as historic property;

(2)

Recommend to the city council specific districts, sites, buildings, structures, or objects to be designated by ordinance as historic properties or historic districts;

(3)

Review applications for certificates of appropriateness, and grant or deny same in accordance with the provisions of this article;

(4)

Recommend to the city council that the designation of any district, site, building, structure or object as an historic property or as an historic district be revoked or removed;

(5)

Restore or preserve any historic properties acquired by the city;

(6)

Promote the acquisition by the city of facade easements and conservation easements, as appropriate, in accordance with the provisions of the state Uniform Conservation Easement Act of 1992 (O.C.G.A. §§ 44-10-1 through 44-10-5);

(7)

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

(8)

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

(9)

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

(10)

Submit to the Historic Preservation Division of the Department of Natural Resources a list of historic properties or historic districts designated;

(11)

Perform historic preservation activities as the official agency of the historic preservation program;

(12)

Employ persons, if necessary, to carry out the responsibilities of the commission;

(13)

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

(14)

Review and make comments to the Historic Preservation Division of the Department of Natural Resources concerning the nomination of properties within its jurisdiction to the National Register of Historic Places; and

(15)

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

(e)

Commission's power to adopt rules and standards. The commission shall adopt rules and standards for the transaction of its business and for consideration of applications for designations and certificates of appropriateness, such as by-laws, removal of membership provisions, and design guidelines and criteria. The commission shall have the flexibility to adopt rules and standards without amendment to this article. The commission shall provide for the time and place of regular meetings and a method for the calling of special meetings. The commission shall select officers, as it deems appropriate from among its members. A quorum shall consist of a majority of the members.

(f)

Conflict of interest. The commission shall be subject to all conflict of interest laws set forth in state statutes and in the city Charter.

(g)

Commission's authority to receive funding from various sources. The commission shall have the authority to accept donations and shall ensure that these funds do not displace appropriated governmental funds.

(h)

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

(Code 2004, § 153.03; Ord. No. 354-B, 4-8-2002)