Sec. 2-137. – Certificates of appropriateness.
No exterior feature of any resource shall be altered, relocated, or demolished until after an application for a certificate of appropriateness of such work has been approved by the commission. Likewise, no construction which affects a resource shall be undertaken without a certificate of appropriateness. Therefore,
The commission shall serve as a review body with the power to approve and deny applications for certificates of appropriateness.
In approving and denying applications for certificates of appropriateness, the commission shall seek to accomplish the purposes of this article.
A certification of appropriateness shall not be required for work deemed by the commission to be ordinary maintenance or repair of any resource.
All decisions of the commission shall be in writing and shall state the findings of the commission, its recommendations, and the reasons therefore.
(Ord. of 4-19-05(1), § VII)
Sec. 2-138. – Criteria for issuance of certificates of appropriateness.
The commission and the City of Tupelo shall use the following criteria in granting or denying certificates of appropriateness:
Architectural design of existing building, structure, or appurtenance and proposed alteration;
Historical significance of the resource;
General appearance of the resource;
Condition of the resource;
Materials composing the resource;
Size of the resource;
The relationship of the above factors to, and their effect upon the immediate surroundings and, if within a historic district, upon the district as a whole and its architectural and historical character and integrity.
In advance of new construction, steps shall be taken to insure evaluation of possible archaeological resources, as set forth in the Mississippi Antiquities Act.
The following aspects of new construction shall be visually compatible with the buildings and environment with which the new construction is visually related, including but not limited to: The height, the gross volume, the proportion between width and height of the facade(s), the proportions and relationship between doors and windows, the rhythm of solids to voids created by openings in the facade, the materials, the textures, the colors, the patterns, the trims, and the design of the roof.
Existing rhythm created by existing building masses and spaces between them shall be preserved.
The landscape plan shall be compatible with the resource, and it shall be visually compatible with the environment with which it is visually related. Landscaping shall also not prove detrimental to the fabric of a resource, or adjacent public or private improvements like sidewalks and walls.
No specific architectural style shall be required.
All exterior alterations to a building, structure, object, site, or landscape feature shall be compatible with the resource itself and other resources with which it is related, as is provided in section 2-138(1) and (2), and the original design of a building, structure, object, or landscape feature shall be considered in applying these standards.
Exterior alterations shall not affect the architectural character or historic quality of a landmark and shall not destroy the significance of landmark sites.
In considering an application for the demolition of a landmark or a resource within a historic district, the following shall be considered:
The commission shall consider the individual architectural, cultural, and/or historical significance of the resource.
The commission shall consider the importance or contribution of the resource to the architectural character of the district.
The commission shall consider the importance or contribution of the resource to neighboring property values.
The commission shall consider the difficulty or impossibility of reproducing such a resource because of its texture, design, material, or detail.
Following recommendation for approval of demolition, the applicant must seek approval of replacement plans, set forth in 2-138(2), prior to receiving a demolition permit and other permits. Replacement plans for this purpose shall include, but shall not be restricted to, project concept, preliminary elevations and site plans, and completed working drawings for at least the foundation plan which will enable the applicant to receive a permit for foundation construction.
Applicants that have received a recommendation for demolition shall be permitted to receive such demolition permit without additional commission action on demolition, following the commission’s recommendation of a permit for new construction. Permits for demolition and construction shall be issued simultaneously if requirements of section 2-138(2), are met, and the applicant provides financial proof of his ability to complete the project.
When the commission recommends approval of demolition of a resource, a permit shall not be issued until all plans for the site have received approval from all appropriate City of Tupelo boards, commissions, departments and agencies.
(Ord. of 4-19-05(1), § VIII)
Sec. 2-139. – Procedures appropriateness for issuance of certificates of appropriateness.
Anyone desiring to take action requiring a certificate of appropriateness concerning a resource for which a permit, variance, or other authorization from either the City of Tupelo building official or the City of Tupelo is also required, shall make application therefore in the form and manner required by the applicable code section or ordinance. Any such application shall also be considered an application for a certificate of appropriateness and shall include such additional information as may be required by the commission. After receipt of any such application, the City of Tupelo building official shall be assured that the application is proper and complete. No building permit shall be issued by the City of Tupelo building official which affects a resource without a certificate of appropriateness. In the event that a building permit need not be obtained for a building, structure, or object to be erected within a historic district or on a landmark or landmark site, a certificate of appropriateness is still required before such building, structure, or object may be erected. Thereafter, such application shall be reviewed in accordance with the following procedure:
When any such application is filed, the City of Tupelo building official shall immediately notify the commission chairman or vice-chairman, if the chairman is unavailable, of the application having been filed.
If at the time of filing of an application, there is not a commission meeting already scheduled within thirty (30) days of this filing, the chairman or vice-chairman shall set a time and date, which shall be not later than fifteen (15) days after the filing of the application for a hearing by the commission, and the City of Tupelo building official shall be so informed.
The applicant shall, upon request, have the right to a preliminary conference with commission staff for the purpose of making any changes or adjustments to the application which might be more consistent with the commission’s standards.
Not later than eight (8) days before the date set for the said hearing, the City of Tupelo building official shall mail notice thereof to the applicant at the address in the application and to all members of the commission.
Notice of the time and place of said hearing shall be given by publication in a newspaper having general circulation in the community at least ten (10) days before such hearing and/or by posting such notice on the bulletin board in the lobby of City of Tupelo Hall.
At such hearing, the applicant for a certificate of appropriateness shall have the right to present any relevant evidence in support of the application. Likewise, the governing body shall have the right to present any additional relevant evidence in support of the application.
The commission shall have the right to recommend changes and modifications to enable the applicant to meet the requirements of the commission.
Within not more than twenty-one (21) days after the hearing on an application, the commission shall act upon it, either approving, denying, on [or] deferring action until the next meeting of the commission, giving consideration to the factors set forth in section 2-138 hereof. Evidence of approval of the application shall be by certificate of appropriateness issued by the commission and, whatever its decision, notice in writing shall be given to the applicant and the City of Tupelo building official. Whenever a local historic preservation 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 (6) 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.
In all cases of applications affecting National Historic Landmarks, at least two-thirds ( 2/3 ) of the members of the commission must approve a certificate of appropriateness in order for it to be granted.
The issuance of a certificate of appropriateness shall not relieve an applicant for a building permit, special use permit, variance, or other authorization from compliance with any other requirement or provision of the laws of the City of Tupelo concerning zoning, construction, repair, or demolition.
Denial of a certificate of appropriateness shall be binding upon the City of Tupelo building inspector or the agency responsible for issuing building permits and shall prevent the issuance of other building permits for the same parcel until a certificate of appropriateness is approved. A certificate of appropriateness may be required for work which does not require a building permit. A certificate of appropriateness may be evidenced by either a written and dated letter to an owner or applicant or such a letter accompanied by a signed and dated stamp on the face of any and all architectural or project drawings prepared for a project.
A certificate of appropriateness shall expire after six (6) months if work has not begun.
(Ord. of 4-19-05(1), § IX)