Is Design Review constitutional?
The courts have recognized the importance of preserving the character of a community. In 1978, the U.S. Supreme Court ruled in favor of the legality of preservation as a planning tool. It stated, "The objective of preserving areas with specific historic or cultural significance is an entirely permissible goal. States and towns may enact land use restrictions or controls to enhance the quality of life by preserving the desirable aesthetic features of a town."
Each application will be considered on its own merits and within the context of the properly involved and its surroundings. However, the Commission is likely to look unfavorably on:
Demolition (purposefully or through neglect)
Removing Original Features (doors and windows)
Installing Plastic Illuminated Signs
Installing a Satellite (TV) Dish or Tall Antenna in a Visible Location
- Complete the "Application for Certificate of Appropriateness" application form. You can obtain a copy from the Community Development Department.
- For minor changes you need only provide a written description of the proposed changes.
- For major changes and new construction, drawings, plans, and/or photographs may also be required in order to give the Commission a clear idea of your proposed change.
- Submit the completed form to the Community Development Department.
At least seven days prior to review of the application, the Commission will inform the owners of any property likely to be affected and will give the application and such owners an opportunity to be heard. When necessary, the Commission may hold a public hearing. The Commission evaluates the proposed change using the
Design Guidelines as objective criteria for their decision. the commission must approve or reject the application once it is field within 45 days. Failure of the Commission to act withing 45 days will constitute approval. If the application is denied, the Commission will state reason for denial and may give alternative suggestions. Upon denial, the applicant may make modifications to the plans and resubmit the application at any time.
The courts have recognized the importance of preserving the character of a community. In 1978, the U.S. Supreme Court ruled in favor of the legality of preservation as a planning tool. It stated, "The objective of preserving areas with specific historic or cultural significance is an entirely permissible goal. States and towns may enact land use restrictions or controls to enhance the quality of life by preserving the desirable aesthetic features of a town."
Any changes that requires a building permit requires approval from the Historic Preservation Commission. Within the Historic District, a building permit may be issued only after the proposed project has been approved by the Historic Preservation Commission.
While ordinary maintenance does not require approval, you will need to seek approval for any changes to the exterior of the building. Seemingly unimportant changes, like adding a chain link fence or enclosing a porch, can have a dramatic effect on the visual character of the District. The following is a list of changes that should be brought before the Commission:
adding a dormer or bay window creating parking
installing storm windows demolition
paint color selection and placement relocation
erecting a sign
Before going ahead with a project it is always best to check with the Community Development Director or his/her designee to see if approval is necessary.
Community cooperation and knowledge are important if the Commission is to accomplish its purpose. If the project is still in-progress a stop work order may be issued. If the Commission becomes aware of a change within the District which was made without approval, it will, as a matter of policy, notify the owner and request an explanation. Depending on the specifics of the project, the City of Villa Rica may take remedial action. This could take the form of a fine or could result in an order to restore the original condition of the building.
A Certificate of Appropriateness is a permit to allow the construction, demolition, or alteration of any property that is designated in a Historic Preservation District. A Certificate of Appropriateness helps ensure the preservation of the historic character and architectural integrity of these buildings and sites. The Villa Rica Historic Preservation Commission (VRHPC) makes a recommendation to the Community Development Director or his designee who is the Review Authority for the Certificate of Appropriateness. The Community Development Staff is available to answer any questions you may have about the requirements, fees, or procedures for a Certificate of Appropriateness.
A National Register District Identifies; a Local District Protects.
Both National Register district and locally designated historic districts can be used as effective
preservation tools, either independently or together, to help preserve a community’s historic
resources. For example, the National Register program might be used as a convenient and
credible way to identify a community’s historic resources, followed by local district designation,
which would further protect and enhance those resources through the process of design review.
Conversely, a local survey to establish a local historic district might also be used as the basis for
a National Register district nomination, which would afford additional preservation incentives,
including rehabilitation tax credits, to properties protected in the local district. Local district
designation might also be used to selectively protect portions of National Register districts
considered especially significant to a community or subject to particularly strong development
pressures. Local designation also might be afforded to an area larger than a National Register
district to provide an even greater degree of protection to the historic resources within the
National Register district.
Some community’s preservation needs may be met entirely with either a locally designated district
or a National Register district; there are many examples in Georgia of both situations.
Other communities may believe that a package involving both types of districts works best.
Remember: local districts and National Register districts are different, but complementary, and
can work effectively by themselves or together to meet a community’s historic preservation needs.
An application may be submitted at any time, but for it to be considered at the next regular meeting of the VRHPC is should be in the hands of the Community Development Director or his/her designee 45 to 20 days prior to the next scheduled meeting. This will provide enough time for the notification process. Meetings are held monthly at the Holt-Bishop Justice Center, at 101 Main Street. Contact the Community Development Department for the schedule. Occassionally, the Commission calls a special meeting.
In specific cases where affordability becomes an important issue to the application, the Commission will seek alternatives that should be satisfactory to all.