Title 44, Chapter 10, Section 22
( 44-10-22)
As used in this article, the term: (1) "Certificate of appropriateness" means a document approving a
proposal to make a material change in the appearance of a
designated historic property or of a structure, site, or work of
art located within a designated historic district, which document
must be obtained from a historic preservation commission before
such material change may be undertaken. (2) "Commission" means a historic preservation commission created or established pursuant to Code Section 44-10-24. (3) "Designation" means a decision by the local governing body of
a municipality or county wherein a property or district proposed
for preservation is located to designate such property or district
as a "historic property" or as a "historic district" and
thereafter to prohibit all material changes in appearance of such
property or within such district prior to the issuance of a
certificate of appropriateness by the historic preservation
commission. (4) "Exterior architectural features" means the architectural
style, general design, and general arrangement of the exterior of
a building or other structure, including, but not limited to, the
kind or texture of the building material; the type and style of
all windows, doors, and signs; and other appurtenant architectural
fixtures, features, details, or elements relative to the
foregoing. (5) "Historic district" means a geographically definable area,
urban or rural, which contains structures, sites, works of art, or
a combination thereof which: (A) Have special character or special historical or esthetic
interest or value; (B) Represent one or more periods or styles of architecture
typical of one or more eras in the history of the municipality,
county, state, or region; and (C) Cause such area, by reason of such factors, to constitute a
visibly perceptible section of the municipality or county. (6) "Historic preservation jurisdiction," in the case of a county,
means the unincorporated area of the county; and, in the case of a
municipality, such term means the area within the corporate limits
of the municipality. (7) "Historic property" means a structure, site, or work of art,
including the adjacent area necessary for the proper appreciation
or use thereof, deemed worthy of preservation by reason of its
value to the municipality, county, state, or region for one or
more of the following reasons: (A) It is an outstanding example of a structure representative
of its era; (B) It is one of the few remaining examples of a past
architectural style; (C) It is a place or structure associated with an event or
person of historic or cultural significance to the municipality,
county, state, or region; or (D) It is a site of natural or esthetic interest that is
continuing to contribute to the cultural or historical
development and heritage of the municipality, county, state, or
region. (8) "Local governing body" means the elected governing body or
governing authority of any municipality or county of this state. (9) "Material change in appearance" means a change that will
affect only the exterior architectural features of a historic
property or of any structure, site, or work of art within a
historic district and may include any one or more of the
following: (A) A reconstruction or alteration of the size, shape, or facade
of a historic property, including relocation of any doors or
windows or removal or alteration of any architectural features,
details, or elements; (B) Demolition of a historic property; (C) Commencement of excavation; (D) A change in the location of advertising visible from the
public way on any historic property; or (E) The erection, alteration, restoration, or removal of any
building or other structures within a designated historic
district, including walls, fences, steps, and pavements, or
other appurtenant features, except exterior paint alterations. (10) "Person" includes any natural person, corporation, or
unincorporated association. |