[HISTORY: Adopted by the Town Council of the Town of Georgetown 1-26-2011 by Ord. No.
2011-2. Amendments noted where applicable.]
A.
The social, cultural and historical heritage of the Town of Georgetown
is a public good that is recognized as a value to be protected and
included in the "Vision and Goals" of the Town of Georgetown;
B.
There are existing buildings and structures located within the boundaries
of the Town of Georgetown that are part of the social, cultural and
historical heritage that contribute to the cultural, economic, educational
and historical assets of the Town that are not listed in the State
or National Register of Historic Places or located within a designated
historic district;
C.
The conservation of existing buildings and structures may be important
to the general welfare of the residents of Georgetown;
D.
The Mayor and Council finds that the demolition of culturally, socially
or historically significant objects, sites or structures and the replacement
of such objects, sites and structures with inappropriate and out-of-scale
new structures is contrary to the general welfare of the residents
of the Town of Georgetown.
As used in this chapter, the following terms shall have the
meanings indicated:
Structures that contribute positively to the Historic Conservation
Area's culture recognizing the criteria herein and established
by the Planning Commission, including historic significance, integrity
and context of the structure. Such structures are so designated because
they meet an architectural test (i.e., compatible with surrounding
buildings or represent an architectural style identified with Georgetown's
history) and a longevity test (constructed prior to January 1, 1950).
Demolition shall mean destruction, razing, commencement of
the work or steps of total or partial destruction with the purpose
of completing the same.
The Town Council may appoint a committee of three residents
from the Town to serve on a Historic Advisory Committee. Appointments
shall be made with consideration of their diverse talents with priority
given to the fields of building construction, architectural design,
historical knowledge and may include representatives from any historic
preservation organizations. The Historic Advisory Committee shall
be appointed for two years beginning at its first meeting when needed,
and the members shall not include Town Officials.
The Historic Conservation Area ("HCA") shall be a geographically
definable area located within 1/2 mile in every direction of The Circle,
forming a complete circle (being the same Town boundaries and limits
established in March 1863 by the General Assembly). Properties touched
by this boundary and that contain 50% or more of the HCA shall be
included in the HCA as a whole, in their entirety.
No buildings individually listed on the National or State Register of Historic Places or currently pending for such status, shall be approved for demolition unless deemed by the Town Council to be unsafe pursuant to § 116-130 of the Georgetown Code.
A.
Before any permits can be considered for demolition, said owner or
owners of the property, or his or their duly authorized representative
or representatives, shall, prior to commencing any demolition work,
submit demolition application with the designated fee, in writing,
to the Planning Office.
[Amended 2-27-2013 by Ord. No. 2013-2]
B.
The Town Manager shall review all applications and refer demolition
applications for potential contributing structures to the Planning
Commission for review at its regularly scheduled meeting.
[Amended 2-27-2013 by Ord. No. 2013-2]
C.
When reviewing demolition applications to determine whether or not
a property is a contributing structure, the Planning Commission shall
give consideration to:
(1)
The historic or architectural value and significance of the structure
and its relationship to the historic value of the surrounding area;
(2)
Whether there are definite plans for reuse of the property if the
proposed demolition is carried out, and what the effect of those plans
on the character of the neighborhood would be;
(3)
The Town's Comprehensive Plan;
(4)
The existence of reasonable means or measures to revitalize the building
and eliminate demolition;
(5)
The effect of the structure on the health, safety and general welfare
of the people of the Town;
(6)
The impact of its removal from the area in which it is located, its
structural condition and the economic feasibility of alternatives
to the proposed demolition. The Planning Commission may require that
the replacement structure contain some or all of the same architectural
features of the structure being removed or demolished;
(7)
Whether substantial hardship to the applicant in denying the permit
outweighs the benefit to the Town's appearance and prosperity;
(8)
If "demolition by neglect" (meaning willful neglect in the maintenance,
repair or security of a structure) is a factor in the deterioration
of the structure;
(9)
Whether a history of code violations exists; or
(10)
The recommendation of the Historic Advisory Committee if requested
by the Planning Commission.
D.
Planning Commission review.
(1)
The Planning Commission shall endeavor to arrive at a decision as
to whether or not the property may be a contributing structure at
the first meeting at which the application is presented. However,
if the Planning Commission decides it needs additional information
or needs additional time in which to make its decision, it shall either
place the application on the agenda for the next meeting or schedule
a special meeting within 60 days to review the application.
(2)
Prior to the second or special meeting, the Planning Commission may
refer the application to the Historic Advisory Committee. In which
case, the Historical Advisory Committee shall meet and hear from any
interested parties the Committee deems appropriate. Thereafter, the
Committee shall submit a report to the Planning Commission summarizing
its conclusion and reasons therefor at least seven days before the
Planning Commission's next meeting on the demolition permit.
(3)
The Planning Commission may grant approval, grant approval with conditions
or deny the application, but in no event later than the second meeting
at which the application is placed on the agenda and the applicant
appears in person before the Planning Commission. Failure to act within
said time frame shall be deemed to be approval of the application
as submitted; however, an extension of time may be granted if agreed
to by both the applicant and the Planning Commission.
E.
If the Planning Commission determines that the structure to be demolished
is a contributing structure and denies the application or imposes
conditions that the applicant opposes, no demolition may take place
for up to 90 days after the date of the determination. Within 90 days,
the Planning Commission shall schedule a public hearing on the proposed
application for demolition and a notice of intent to demolish structure
shall be posted on the property. At the public hearing, ways to mitigate
or to eliminate the demolition may be considered. The Planning Commission
shall make a final decision by taking a vote on issuing the demolition
permit, in any event, within 90 days. This time period may be extended
by mutual agreement of the applicant and the Planning Commission.
F.
If the Planning Commission finds that the structure is not a contributing
structure, the Planning Commission shall recommend that the application
for demolition be approved. Approval of this application is contingent
upon the building being removed in 90 days or less from date of approval
and the surface area being completely restored. The site shall be
appropriately graded and any soil seeded with grass to eliminate soil
erosion.
G.
The review process may be discontinued at any time if the applicant
notifies the Planning Director in writing.
H.
Appeals. Any person aggrieved by a decision rendered by the Planning
Commission shall have a right to appeal its decision to the Town Council
of the Town of Georgetown. If no appeal to the Town Council is made
by the applicant within 30 days after the decision, the appeal shall
be barred.
I.
Violations: Civil penalty/remedies.
(1)
A person found in violation by the Commission of any provision of
this chapter may be imposed one or more of the following sanctions:
(2)
If the Code Enforcement Officer files a violation with the Planning
Commission, the Planning Commission shall provide the person alleged
to have violated the provision of this chapter reasonable notice and
opportunity to be heard.
J.
Severability. Any provision of this chapter that any court of appropriate
jurisdiction may determine to be unconstitutional or ultra vires is
severable from all other provisions of this chapter and does not invalidate
any other provisions of this chapter.
