§ 70-81. Required.

In order to promote the general welfare through the preservation and protection of historic resources, no exterior feature of any landmark, landmark site or building or structure within a historic district including, but not limited to, walls, fences, light fixtures, steps, pavement, trees or other appurtenant features, or any aboveground utility structure or any type of outdoor advertising sign, shall be erected, altered, reconstructed, restored or rehabilitated, moved, cut or demolished within any such historic district or on any such landmark site or as to any landmark until after an application for a certificate of appropriateness of such work has been submitted to and approved by the commission or the city. Therefore:

(1)

The commission shall serve as a review body with the power to grant certificates of appropriateness, with conditions.

(2)

In making determinations, evaluations and decisions under this chapter, the commission and city shall seek to accomplish the purposes of this chapter; in particular, to preserve and protect the architectural and historic integrity and character of any landmark site, landmark or historic district.

(3)

A certificate of appropriateness shall not be required for ordinary maintenance or repair of any landmark, or building or structure upon a landmark site or within a historic district which does not involve a change in design, material, or other appearance thereof. A certificate of appropriateness is not required for a change in paint color.

(4)

The commission shall not recommend disapproval of any plans without giving its recommendations for changes to be made before such plans can be reconsidered. Within one year after denial, an applicant may comply with the reasons for denial and a certificate of appropriateness may be granted by the commission.

(5)

Whenever the commission shall deny or recommend denial of a certificate of appropriateness, the commission must state the reasons for such denial in writing. Thereafter, an applicant may resubmit a new application at any time, except that an applicant must wait six months whenever an application for a certificate of appropriateness is denied for a landmark property of statewide or national significance and notice of any second or subsequent application must be sent to the Mississippi Department of Archives and History as well as to the local historic preservation commission.

(Code 1971, § 15½-13; Ord. No. 2004-20(18), 5-25-04)