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12-1 I P a g e Article 12 Resource Preservation Table of Contents 12-1 Chapter 12.1 Purpose and Intent 12-2 Chapter 12.2 Morgan County Resource Preservation Advisory Board 12-2 Section 12.2.1 Creation of Resource Preservation Advisory Board 12-2 Section 12.2.2 Composition of Board 12-2 Section 12.2.3 General Powers 12-3 Section 12.2.4 Rules of Procedure 12-3 Section 12.2.5 Conflict of Interest 12-4 Chapter 12.3 Designation of Significant Resources 12-4 Section 12.3.1 Designation as a Historic District 12-4 Section 12.3.2 Designation as a Scenic Viewshed Historic District 12-4 Section 12.3.3 Designation as a Landmark Historic Property 12-5 Section 12.3.4 Permanent Record of Designation 12-6 Section 12.3.5 Staff Review of Designation Nomination and Applications 12-6 Section 12.3.6 Resource Preservation Advisory Board Public Hearing and Action 12-6 Section 12.3.7 Board of Commissioners Public Hearing and Action 12-6 Section 12.3.8 Notification following Resolution Adoption 12-7 Chapter 12.4 Requirements for Certificate of Appropriateness 12-7 Section 12.4.1 Approval of Material Change in Appearance 12-7 Section 12.4.2 Submission of Plans to the Resource Preservation Advisory Board 12-7 Section 12.4.3 Interior Alterations 12-7 Section 12.4.4 Technical 12-7 Section 12.4.5 Public Hearings on Applications for Certificates of Appropriateness.... 12-7 Section 12.4.6 Action on Application for Certificates of Appropriateness 12-8 Section 12.4.7 Undue Hardship 12-9 Section 12.4.8 Deadline for Approval or Rejection fro Certificate of Appropriateness 12-9 Section 12.4.9 Action to be taken by the Resource Preservation Advisory Board upon 12-9 Rejection of Application of Certificate of Appropriateness Section 12.4.10 Requirement of Conformance with Certificate of Appropriateness 12-10 Section 12.4.11 Certificate of Appropriateness Void if Construction Not Commenced 12-10 Section 12.4.12 Record of Applications for Certificate of Appropriateness 12-10 Section 12.4.13 Appeals 12-10 Chapter 12.5 Maintenance of Designated Properties 12-10 Section 12.5.1 Ordinary Maintenance or Repair 12-10 Section 12.5.2 Failure to Provide Ordinary Maintenance and 12-11 Section 12.5.3 Affirmation of Existing Building and Zoning 12-11 Chapter 12.6 Penalty Provisions 12-11 Chapter 12.7 Severability 12-11 Chapter 12.8 Repeal of Previous Ordinance 12-11 ---PAGE BREAK--- 12-2 I P a g e Chapter 12.1 Purpose and Intent The intent of this Article is to establish a uniform procedure for use in providing for the protection, enhancement, perpetuation and use of sites, scenic vistas, buildings, structures, and works of art having a special historical, cultural or aesthetic interest or value, in accordance with the provisions of this Article. This Article is adopted pursuant to the requirements of O.C.G.A. Section 44-10-26 (The Georgia Historic Preservation Act, 1980, pages 1723-1729). The purpose of this Article is to: • Support and further findings and determinations that significant resources, such as the County’s historic and cultural heritage, as well as its scenic, rural landscapes, are among Morgan County’s most valued and important assets, and that the preservation of these resources is essential to the promotion of public health, prosperity and general welfare. • Preserve the agricultural economy and promote the conservation of unique, pastoral landscapes. • Promote revitalization of historic rural properties as well as protect and enhance local historical and aesthetic attractions to tourists, thereby promoting and stimulating business. • Stabilize and improve the property values of such properties to retain residents and to encourage restoration and rehabilitation efforts. • Enhance the opportunities for federal tax relief of property owners under relevant provisions of the Tax Reform Act of 1986 (PL99-514) and the Internal Revenue Code Section 47; allowing tax abatements for the rehabilitation of historic property (O.C.G.A. Section 48-5-7.2) and allowing tax abatements for landmark historic properties (O.C.G.A. Section 48-5-7.3). Chapter 12.2 Morgan County Resource Preservation Advisory Board Section 12.2.1 Creation of Resource Preservation Advisory Board A Resource Preservation Advisory Board is hereby created to serve the function of a historic preservation commission. The jurisdiction of the Board shall be the unincorporated portions of Morgan County, and/or the incorporated portions of any municipality of Morgan County, should the governing body of said municipality enact all proper ordinances authorizing such jurisdiction. The Resource Preservation Advisory Board shall be part of the Planning functions of Morgan County. Section 12.2.2 Composition of the Board The Resource Preservation Advisory Board shall consist of five members appointed by the Board of Commissioners, who shall be residents of Morgan County, who have demonstrated special interest, experience or education in history, architecture, historic preservation, landscape architecture, conservation, agriculture, planning or a related field. Members shall serve three-year terms. Members shall be compensated for their service and may be reimbursed for expenses. ---PAGE BREAK--- 12-3 I P a g e Section 12.2.3 General Powers The Resource Preservation Advisory Board is authorized to: • Prepare an inventory of all property within Morgan County having the potential for designation as a significant historic, cultural or scenic resource; • Recommend to the Board of Commissioners specific places, sites, buildings, structures or works of art to be designated by ordinance as significant historic, cultural or scenic resources; • Restore or preserve any significant historic, cultural or scenic resources acquired by Morgan County or associated public trust; • Conduct an educational program on significant historic, cultural or scenic resources located within Morgan County; • Make such investigations and studies of matters relating to historic and scenic preservation as the Board of Commissioners and/or the Resource Preservation Advisory Board itself may, from time to time, deem necessary or appropriate for the purposes of preserving significant historic, cultural or scenic resources; • Seek out state and federal funds for historic preservation and conservation, and make recommendations to the Board of Commissioners concerning the most appropriate use of any funds acquired; • Submit to the Historic Preservation Division of the Department of Natural Resources a list of locally designated historic properties; • Receive donations, grants, funds or gifts of historic, cultural and/or scenic property, and acquire and/or sell historic cultural and/or scenic properties. The Resource Preservation Advisory Board shall not obligate the Board of Commissioners without prior consent; • Review and make comments to the State Historic Preservation Office concerning the nomination of properties within its jurisdiction to the National Register of Historic Places; • Consult with historic preservation experts and other consultants and professionals as necessary for the purpose of this Article; • Review applications for Certificates of Appropriateness, and grant or deny the same in accordance with the provisions of this Ordinance; • Recommend to the Morgan County Board of Commissioners that the designation of any district, site, building, structure, or object as a historic property or as a historic district be revoked or removed; • Promote the acquisition by Morgan County of façade easements and conservation easements, as appropriate, in accordance with the provisions of the Georgia Uniform Conservation Easement Act of 1991 (O.C.G.A. Section 44.10.1 through • Perform historic preservation activities as the official agency of the Morgan County historic preservation program; • Participate in private, state, and federal historic preservation programs, and with the consent of the Morgan County Board of Commissioners, enter into agreements to do the same. Section 12.2.4 Rules of Procedure The Resource Preservation Advisory Board shall adopt rules for the transaction of its business and consideration of applications. It shall provide for the time and place of regular meetings, and for the call of special meetings. A quorum shall consist of a majority of all members. A public record shall be kept of the Board’s resolutions, proceedings and actions. The Board shall select such officers from its members as it deems appropriate. ---PAGE BREAK--- 12-4 I P a g e Section 12.2.5 Conflict of Interest At any time the Resource Preservation Advisory Board reviews a project in which a member of the Board has ownership or other vested interest, that member shall recuse themselves from voting or discussion of the project. Chapter 12.3 Designation of Significant Resources Section 12.3.1 Designation as a Historic District The Morgan County Planning and Development staff and/or the Resource Preservation Advisory Board may recommend designation of a Historic District to the Morgan County Board of Commissioners. A nomination for a Historic District must include: • A physical location; • A statement of the historical, cultural, architectural, and/or aesthetic significance; • A map showing district boundaries and classification (i.e. historic, non-historic, vacant, intrusive) of individual properties therein; • Representative photographs; • Names of all property owners in the district; • An application fee as determined by the Morgan County Board of Commissioners; • Other information requested by staff. The following criteria shall be considered in selecting areas to be nominated as Historic Districts: • The area is a geographically definable area containing buildings, structures, sites, objects, and landscape features or a combination thereof; • The area has a special character or special historic/aesthetic value or interest; • The area represents one or more periods, styles or types of architecture typical of one or more eras in the history of the municipality, county, state or region; • A combination of factors that causes such area, by reason of such factors, to constitute a visibly perceptible section of the municipality or county. The boundaries of a Historic District shall be included in the separate ordinance designating such districts and shall be shown on the Official Zoning Map of Morgan County or other official map designated as public record. Individual properties within the historic district shall be classified as: • Historic (more than 50 years old) • Non-historic (less than 50 years old, yet possessing architectural character) • Intrusion (structure less than 50 years old which does not contribute to the character of the district) • Vacant Section 12.3.2 Designation as a Scenic Viewshed Historic District The Morgan County Planning and Development staff and/or the Resource Preservation Advisory Board may recommend designation of a Scenic Viewshed Historic District to the Morgan County Board of Commissioners. ---PAGE BREAK--- 12-5 I P a g e A nomination for a scenic viewshed must include: • A physical description of the area; • A statement of the historical, architectural, natural and/or aesthetic significance; • A map showing viewshed boundaries; • Representative photographs; • Names of all the property owners in the proposed viewshed; • An application fee as determined by the Morgan County Board of Commissioners; • Other information requested by staff. The following criteria shall be considered in selecting areas to be nominated as scenic viewsheds: • The area is a geographically definable area containing buildings, structures, sites, objects, landscape features, or a combination thereof; • The area has a special character or special aesthetic value or interest; • The area is an outstanding example of scenic beauty representative of the pastoral heritage of Morgan County; • The area is a natural feature of unique scenic quality, such as geological formations, fossils, landforms, water bodies, vegetation and wildlife, which are in a relatively undisturbed state; • The area is located along designated scenic corridors as delineated in the Morgan County Comprehensive Plan or it is located at county gateways as delineated by the Morgan County Green Print Plan; • A combination of factors that causes such area, by reason of such factors, to constitute a visibly perceptible section of the county. The boundaries of a Scenic Viewshed Historic District shall be included in the separate ordinance designating such areas and shall be shown on the Official Zoning Map of Morgan County or other official map designated as a public record. Individual properties within the Scenic Viewshed Historic District shall be classified as: • Historic (more than 50 years old); • Non-historic (less than 50 years old, yet possessing architectural character); • Intrusion (less than 50 years old which does not contribute to the character of the district); • Vacant. The Board of Commissioners may, at their discretion, impose conditions on the development of areas designated as a Scenic Viewshed Historic District. Section 12.3.3 Designation as a Landmark Historic Property The Morgan County Planning and Development staff and/or the Resource Preservation Advisory Board may recommend designation of a Landmark Historic Property to the Morgan County Board of Commissioners. An application for designation as a Landmark Historic Property must include the following items: • A physical description; • A statement of the historical, cultural, architectural and/or aesthetic significance; • A map showing the boundaries of the property under consideration, including the location of all structures and objects to be included in the designation; • Representative photographs of the site; • An application fee as determined by the Morgan County Board of Commissioners; ---PAGE BREAK--- 12-6 I P a g e • Other information requested by staff; • The signature of all owners of the property or site. Applications submitted without the signatures of all owners of the property or site will not be considered. The following criteria shall be considered in designating a property as a Landmark Historic Property: • The property meets the definition of historic property, and; • It is an outstanding example of a structure representative of its era, and/or; • It is one of the few remaining examples of a past architectural style, and/or; • It is a place or structure associated with an event or person of historic or cultural significance to Morgan County, its municipalities, the State of Georgia, or the region, and/or; • It is the site of natural or aesthetic interest that is continuing to contribute to the cultural or historical development and heritage of the municipality, county, state or region. Section 12.3.4 Permanent Record of Designation All application materials will be kept as a permanent and public record. Application materials may be used to educate the community or for other public awareness purposes. Section 12.3.5 Staff Review of Designation Nomination and Applications The Morgan County Planning Staff shall review all applications for designation of Historic Districts, Landmark Historic Properties, and Scenic Viewsheds and shall prepare a report on the application which considers all specified criteria. This report shall be submitted to the Resource Preservation Advisory Board and the Morgan County Board of Commissioners. Planning staff will also provide a copy of the report to the Historic Preservation Division of the Department of Natural Resources (if required), the property owner and the applicant no less than thirty (30) days prior to the Resource Preservation Advisory Board public hearing. Section 12.3.6 Resource Preservation Advisory Board Public Hearing and Action All applications for designation shall be reviewed by the Resource Preservation Advisory Board in a public hearing in accordance with the procedures set forth in this Ordinance. Notice of the hearing shall be published at least three times in a newspaper of general circulation and written notice of the hearing shall be mailed to all owners and occupants of such properties via certified mail. All notice that shall be published or mailed shall be done at least 20 days prior to the date of the public hearing. The Resource Preservation Advisory Board may make a recommendation to approve, approve with conditions or deny an application for designation. The Resource Preservation Advisory Board shall submit its recommendation at the public hearing or within 60 days of the hearing on the application. If the Resource Preservation Advisory Board fails to submit a recommendation or report within 60 days of its public hearing, the Resource Preservation Advisory Board’s recommendation shall be deemed one of approval. Section 12.3.7 Board of Commissioners Public Hearing and Action Before taking action on the proposal and after receipt of the Resource Preservation Advisory Board’s recommendations or reports thereon, the Board of Commissioners shall hold a public meeting on the application for designation in accordance with the procedures set forth in this Ordinance. The Morgan County Board of Commissioners may approve, approve with conditions, or deny the application for ---PAGE BREAK--- 12-7 I P a g e designation. A decision by the Morgan County Board of Commissioners to accept or reject an application for designation shall be made within 30 days following the public hearing, and if approved, it shall be in the form of a Resolution. Any Resolution designating a property as a significant resource shall: • Describe the property to be designated or refer to a map clearly showing each property; and • Set forth names of the owners of the designated property or properties. If rejected, the application may be resubmitted no earlier than twelve (12) months after the date of the Board of Commissioners decision. Section 12.3.8 Notification following Resolution Adoption Within thirty (30) days immediately following the adoption of a Resolution designating a significant resource, the owners or occupants of each designated property or site shall be given written notice of such designation by the Director of Planning and Development, which notice shall apprise said owners and occupants of the necessity for obtaining a Certificate of Appropriateness prior to undertaking any material change in appearance of the designated significant resource, where necessary. Chapter 12.4 Requirements for Certificate of Appropriateness Section 12.4.1 Approval of Material Change in Appearance After the designation of a Historic District or Landmark Historic Property, no material change in appearance of such historic property, or of a contributing or non-contributing building, structure, site, or object within such Historic District shall be made or be permitted to be made by the owner or occupant thereof, unless or until the application for a Certificate of Appropriateness has been submitted to and approved by the Resource Preservation Advisory Board. A Building Permit shall not be issued without a Certificate of Appropriateness. Section 12.4.2 Submission of Plans to the Resource Preservation Advisory Board An application for a Certificate of Appropriateness shall be accompanied by such drawings, photographs, plans and documentation as may be required by the Resource Preservation Advisory Board. Section 12.4.3 Interior Alterations In its review of applications for Certificates of Appropriateness, the Resource Preservation Advisory Board shall not consider interior arrangement or use having no effect on exterior architectural features. Section 12.4.4 Technical Advice The Resource Preservation Advisory Board shall have the power to seek technical advice from outside its members on any application. Section 12.4.5 Public Hearings on Applications for Certificates of Appropriateness The Resource Preservation Advisory Board shall hold a public hearing at which each proposed Certificate of Appropriateness is discussed. Notice of the hearing shall be published in a newspaper of local circulation in the County and written notice of the hearing shall be mailed to all owners and occupants of ---PAGE BREAK--- 12-8 I P a g e the subject property via certified mail. The written and published notice shall be provided in the same manner and time frame as notices are provided before a public hearing for rezoning in accordance with this Ordinance. Section 12.4.6 Action on Application for Certificates of Appropriateness The Resource Preservation Advisory Board may approve the Certificate of Appropriateness as proposed, approve the Certificate of Appropriateness with any modifications it deems necessary, or reject it. The Resource Preservation Advisory Board may approve the application and issue a Certificate of Appropriateness if it finds that the proposed material change(s) in the appearance would not have a substantial adverse effect on the aesthetic, historic, or architectural significance and value of the historic property or historic district. In making this determination, the Resource Preservation Advisory Board shall consider, in addition to any other pertinent factors, the following criteria for each of the acts: • Reconstruction, Alteration, New Construction or Renovation: The Resource Preservation Advisory Board shall issue Certificates of Appropriateness for the above proposed actions if those actions conform in design, scale, building materials, setback and site features, and where applicable, to the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. • Relocation: A decision by the Resource Preservation Advisory Board approving or denying a Certificate of Appropriateness for the relocation of a building, structure or object shall be guided by:  The historic character and aesthetic interest the building, structure or object contributes to its present setting;  Whether there are definite plans for the area to be vacated and what the effect of those plans on the character of the surrounding area will be;  Whether the proposed relocation area is compatible with the historic and architectural character of the building, structure or object;  Whether the building, structure or object can be moved without significant damage to it physical integrity;  Whether the proposed relocation area is compatible with the historic and architectural character of the building, structure or object;  Submission of a site plan to be approved by the Resource Preservation Advisory Board showing additional structures or features that are proposed to be constructed on site once the building, structure or object is moved. • Demolition: A decision by the Resource Preservation Advisory Board approving a Certificate of Appropriateness for the demolition of a building, structure, site or object shall be guided by:  The historic, scenic or architectural significance of the building, structure, site or object;  The importance of the building, structure, site or object to the ambience of a district;  The difficulty or the impossibility of reproducing such a building, structure, site or object because of its design, texture, material, detail, or unique location;  Whether the building, structure, site or object is one of the last remaining examples of its kind in the area;  Whether there are definite plans for use of the property if the proposed demolition is carried out, and what the effect of those plans on the character of the surrounding area would be; ---PAGE BREAK--- 12-9 I P a g e  Whether reasonable measures can be taken to save the building, structure, site or object from collapse;  Whether the building structure, site or object is capable of earning reasonable economic return on its value. Section12.4.7 Undue Hardship When, by reason of unusual circumstances, the strict application of any provision of this Article would result in the exceptional practical difficulty or undue economic hardship, the Resource Preservation Advisory Board, in passing upon applications, shall have the power to vary or modify strict provisions, so as to relieve such difficulty or hardship; provided such variances, modifications, and/or interpretations shall remain in harmony with the general purpose and intent of said provisions, so that the architectural or historical integrity, or character of the property shall be conserved and substantial justice done. In granting variances, the Resource Preservation Advisory Board may impose such reasonable and additional stipulations and conditions as will, in its judgment, best fulfill the purpose of this Article. An undue hardship shall not be a situation of the owner or applicant’s own making. Section 12.4.8 Deadline for Approval or Rejection for Certificate of Appropriateness The Resource Preservation Advisory Board shall approve or reject an application for a Certificate of Appropriateness within forty-five (45) days after the filing of a complete application in the form required by the Resource Preservation Advisory Board by the owner or occupant of a historic property, or of a building, structure, site or object located within a historic district. Evidence of approval shall be by a Certificate of Appropriateness issued by the Resource Preservation Advisory Board. Notice of the issuance or denial of a Certificate of Appropriateness shall be sent via United States mail, certified mail, to the applicant and all other persons who have requested such notice in writing and filed with the Resource Preservation Advisory Board. A Certificate of Appropriateness shall not be issued until 15 days after the determination by the Board or until any appeals filed under this Article have been resolved. Failure of the Resource Preservation Advisory Board to act within said forty-five (45) days of receiving a complete application shall constitute approval, and no other evidence of approval shall be needed. Section 12.4.9 Action to be Taken by the Resource Preservation Advisory Board upon Rejection of Application for Certificate of Appropriateness In the event the Resource Preservation Advisory Board rejects an application, it shall state its reasons for doing so, and shall transmit a record of such actions and reasons in writing to the applicant. The Resource Preservation Advisory Board may suggest alternative courses of action it thinks proper if it disapproves of the application submitted. The applicant, if he or she so desires, may make modifications to the plans and may resubmit the application at any time after doing so. In cases where the application covers a material change of a structure which would require the issuance of a building permit, the rejection of the application for a Certificate of Appropriateness by the Resource Preservation Advisory Board shall be binding upon the building inspector or other administrative officer charged with issuing building permits and, in such case, no building permit shall be issued. ---PAGE BREAK--- 12-10 I P a g e Section 12.4.10 Requirement of Conformance with Certificate of Appropriateness All work performed pursuant to an issued Certificate of Appropriateness shall conform to the requirements of such a Certificate. In the event work is performed not in accordance with such Certificate, the Director of Planning and Development shall issue a cease and desist order and all work shall cease. The Resource Preservation Advisory Board and the Morgan County Board of Commissioners shall be authorized to institute any appropriate action or proceeding in a court of competent jurisdiction to prevent any material change in appearance of a designated historic property or historic district, except those changes made in compliance with the provisions of this Ordinance or to prevent any illegal act or conduct with respect to such historic property or historic district. If the owner(s) is found to be out of compliance with the provisions of this Section, penalties for violation shall be issued in accordance with the provisions of this Article. Section 12.4.11 Certificate of Appropriateness Void if Construction Not Commenced A Certificate of Appropriateness shall become void unless construction is commenced within six months of the date of issuance. A Certificate of Appropriateness shall be issued for a period of twelve (12) months and is renewable. Section 12.4.12 Record of Applications for Certificate of Appropriateness The Resource Preservation Advisory Board shall keep a public record of all applications for Certificates of Appropriateness, and all the Resource Preservation Advisory Board’s proceedings in connection with said application. Section 12.4.13 Appeals Any person adversely affected by any determination made by the Resource Preservation Advisory Board relative to the issuance or denial of a Certificate of Appropriateness may appeal such determination to the Morgan County Board of Commissioners within fifteen (15) days after the issuance of the determination pursuant to this Ordinance, or in the case of a failure of the Resource Preservation Advisory Board to act, within fifteen (15) days of the expiration of the forty-five (45) day period allowed for Resource Preservation Advisory Board action. The Morgan County Board of Commissioners may approve, modify, or reject the determination made by the Resource Preservation Advisory Board if the governing body finds that the Resource Preservation Advisory Board abused its discretion in reaching its decision. Appeals from decision of the Morgan County Board of Commissioners may be taken to the Superior Court of Morgan County in the manner by law for County Ordinance violations. Chapter 12.5 Maintenance of Designated Properties Section 12.5.1 Ordinary Maintenance or Repair Ordinary maintenance or repair of any exterior architectural or environmental feature in or on a historic property to correct deterioration, decay, or to sustain the existing form, and that does not involve a material change in design, material or outer appearance thereof, does not require a Certificate of Appropriateness. ---PAGE BREAK--- 12-11 I P a g e Section 12.5.2 Failure to Provide Ordinary Maintenance and Repair Property owners of historic properties or properties within historic districts shall not allow their buildings to deteriorate by failing to provide ordinary maintenance or repair. The Resource Preservation Advisory Board shall be charged with the following responsibilities regarding deterioration by neglect: • The Resource Preservation Advisory Board shall monitor the condition of historic properties and existing buildings in historic districts to determine if they are being allowed to deteriorate by neglect. Such conditions as broken windows, doors and exterior openings which may allow the elements and vermin to enter, or the deterioration of a building’s structural system shall constitute failure to provide ordinary maintenance or repair. • In the event the Resource Preservation Advisory Board determines failure to provide ordinary maintenance or repair, the Resource Preservation Advisory Board will notify the owner of the property and set forth the steps which need to be taken to remedy the situation. The owner of such property will have thirty (30) days in which to do this. • In the event that the condition is not remedied in the thirty (30) days, penalties as provided in this Article shall take effect, and at the direction of the Morgan County Board of Commissioners, the Resource Preservation Advisory Board may perform such maintenance or repair as is necessary to prevent deterioration by neglect. The owner of the property shall be liable for the cost of such maintenance and repair performed by the Resource Preservation Advisory Board. Section 12.5.3 Affirmation of Existing Building and Zoning Codes Nothing in this Article shall be construed as to exempt property owners from complying with existing County building and zoning codes, nor prevent any property owner from making any use of his property not prohibited by other statutes, ordinances or regulations. Chapter 12.6 Penalty Provisions Violations of any provisions of this Ordinance shall be punished in the manner provided for punishments of violations of Article 2, Legal Status Provisions, Chapter 2.17, Penalties for Violation of the Morgan County Zoning Ordinance. Chapter 12.7 Severability In the event that any section, subsection, sentence, clause or phrase of this Ordinance shall be declared or adjudged invalid or unconstitutional, such adjunction shall in manner affect the other sections, sentences, clauses, or phrases of this Ordinance, which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally part thereof. Chapter 12.8 Repeal of Previous Ordinance All ordinances and part of ordinances in conflict with this Ordinance are hereby repealed.