REDEVELOPMENT OF EXISTING SITES AND BUILDINGS MARK ELLIOT & DAVID KIRK
Individual buildings, single properties, or entire neighborhoods also may be affected by the designation of such
buildings or locations as "historic" under provisions of the local zoning ordinance. Such historic designations
could constrain the ability to change certain features of a property, demolish obsolete buildings, or build new
structures. Typically, any development or redevelopment on historic property requires the approval of a
Certificate of Appropriateness ("COA") or something equivalent. A COA typically falls within the purview of the
local historic preservation commission, which holds public hearings on the application, much along the same
lines as a zoning hearing. The outcome of such proceedings can turn on the taste and design aesthetic of
individual members of such commissions so is fraught with risk.
Changing Circumstances
Changes to the surrounding community also may have an impact on the redevelopment of existing sites and
buildings. Physical changes, such as the widening of adjacent roads or highways, may impact the property by
converting portions of the property into rightsofway that results in changes to important development
standards, such as setback lines. Political changes within a community also can have a profound effect on the
ability to redevelop a property. As an example, many new cities have been formed over the past decade in the
metro Atlanta area, largely in response to a desire by local citizens to have what they perceive as a more
responsive government, particularly when it comes to zoning and land use matters. Because zoning and land
use are so central to the formation of
such cities, new cities may adopt
very strict zoning requirements that
could, for example, severely restrict
rental housing, as opposed to
owneroccupied housing, as part of a
mixeduse development. Related to
that, area residents may oppose
redevelopment projects that seek to
increase
density
based
on
perceptions of increased traffic,
school
overcrowding,
overtaxed
services, reduction in the quality of
life. This is a particular concern
when redevelopment plans require
rezoning or some other public
approvals.