HomeMy WebLinkAboutState Determination On Application For Certificate(b) The style, material, size, and location of outdoor advertising signs and bill
posters within an historic district shall also be under the control of the
commission.
§ 4. History. Acts 1963, No. 484, § 5; A.S.A. 1947, § 19-5005; Acts 1993, No. 194,
14-172-209. Determination on application for certificate.
(a) Within a reasonable time, not to exceed thirty (30) days after the filing of
an application for a certificate of appropriateness with the historic district
commission, the commission hall determine the roperty to be material)
affe ted b the a lication and immediately send by mail, postage prepaid, to the
applicant and to the owners of all such properties to be materially affected notice
of the hearing to be held by the commission on the application.
(b)(1) The commission may hold such public hearings as are necessary in
considering any applications for certificates of appropriateness.
(2) The commission shall act on an application for certificate of
appropriateness within a reasonable period of time.
(3) The commission shall determine whether the proposed construction,
reconstruction, alteration, restoration; moving, or demolition of buildings,
structures, or appurtenant fixtures involved will be appropriate to the preservation
of the historic district for the purposes of this subchapter, or whether,
notwithstanding that it may be inappropriate, owing to conditions especially
affecting the structure involved, but not affecting the historic district generally,
failure to issue a certificate of appropriateness will involve a substantial hardship,
financial or otherwise, to the applicant, and whether the certificate may be issued
without substantial detriment to the public welfare and without substantial
derogation from the intent and purpose of this subchapter.
(c)(1) If the commission determines that the proposed construction,
reconstruction, alteration, restoration, moving, or demolition is appropriate or is
not appropriate, owing to conditions as aforesaid, but that failure to issue a
certificate of appropriateness would involve substantial detriment or derogation
as aforesaid, or if the commission fails to make a determination within a
reasonable time prescribed by ordinance, the commission shall forthwith approve
the application and shall issue to the applicant a certificate of appropriateness.
(2) If the commission determines that a certificate of appropriateness should
not be issued, it shall place upon its records the reasons for the determination
and may include recommendations respecting the proposed construction,
reconstruction, alteration, restoration, moving, or demolition.
(3) The commission shall immediately notify the applicant of the
determination.
History. Acts 1963, No. 484, § 7; A.S.A. 1947, § 19-5007.