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Alpharetta HPC asks staff to study tougher penalties after developers altered historic properties
Summary
Commissioners discussed recent cases where developers removed historic features without prior city notification, learned the existing fine range is $2.50 to $1,000 per violation, and asked staff to research possible legislative changes to increase deterrents and return with recommendations.
Alpharetta — The Alpharetta Historic Preservation Commission on April 17 directed staff to research whether fines and enforcement tools for violations of the Historic Preservation Incentive Ordinance should be increased, following discussion of recent renovation work that deviated from approved plans.
Context and incident examples Commissioners raised multiple examples in downtown Alpharetta where developers altered historic elements during renovation. Staff described one instance at a brick historic house (referred to in the meeting as the Morris house) in which a portico was deconstructed after staff was not contacted; the developer said rot or structural instability required immediate action and saved existing materials for reconstruction. Staff said building inspectors investigated the same day and concluded the action was taken to avoid collapse; no fine was issued in that instance.
Existing penalties and enforcement tools Michael Woodman, city staff, reviewed the ordinance’s enforcement provisions. He said the code references a fine range of $2.50 to $1,000 per violation and that fines may be issued per violation and per day a violation remains unresolved, meaning penalties can accumulate rapidly. He also said the director of Community Development (Kathy Cook) has discretion in issuing fines and that other enforcement tools include stop‑work orders, double permit fees for work done without permits, removal of a property from the historic designation list and a five‑year period during which a lot may be deemed nonconforming following certain violations.
"The fine could be as little as $2.50 up to a thousand," Woodman said, adding that staff may levy multiple fines for separate violations and additional fines for each day of noncompliance.
Commission concern and staff direction Several commissioners said the current penalties may not deter developers working on multimillion‑dollar projects and asked whether a higher ceiling or other changes would produce better compliance. Commissioners noted that irreparable demolition of historic materials cannot be fixed by a fine alone and discussed options such as higher fines, longer removal from the historic list, and clearer definitions of terms like "restore" or "repair."
Staff response and next steps Woodman said staff will research what other jurisdictions do, consult with the Community Development director (Kathy Cook) and the City Council liaison (Mayor Pro Tem Markel), and prepare a recommendation. He said he would return with comparative research and suggested code amendments; the commission asked staff to include discussion of raising the minimum fine so that penalties would be more than a nominal amount.
No formal ordinance change was made on April 17; commissioners asked staff to prepare a code‑change recommendation and possible penalty ranges for later consideration.
