Title 44, Chapter 10, Section 26
( 44-10-26)
(a) Ordinances adopted by local governing bodies to designate
historic properties or historic districts shall be subject to the
following requirements: (1) Any ordinance designating any property as a historic property
or any district as a historic district shall require that the
designated property or district be shown on the official zoning
map of the county or municipality adopting such ordinance or that,
in the absence of an official zoning map, the designated property
or district be shown on a map of the county or municipality
adopting such ordinance and kept by the county or municipality as
a public record to provide notice of such designation in addition
to other notice requirements specified by this Code section; (2) Any ordinance designating any property as a historic property
shall describe each property to be designated, shall set forth the
name or names of the owner or owners of the property, and shall
require that a certificate of appropriateness be obtained from the
historic preservation commission prior to any material change in
appearance of the designated property; and (3) Any ordinance designating any district as a historic district
shall include a description of the boundaries of the district,
shall list each property located therein, shall set forth the name
or names of the owner or owners of each property, and shall
require that a certificate of appropriateness be obtained from the
historic preservation commission prior to any material change in
appearance of any structure, site, or work of art located within
the designated historic district. (b) No ordinance designating any property as a historic property and
no ordinance designating any district as a historic district nor any
amendments thereto may be adopted by the local governing body nor
may any property be accepted or acquired as historic property by the
local governing body until the following procedural steps have been
taken: (1) The commission shall make or cause to be made an investigation
and shall report on the historic, cultural, architectural, or
esthetic significance of each place, district, site, building,
structure, or work of art proposed for designation or acquisition.
This report shall be submitted to the Division of Historic
Preservation of the Department of Natural Resources or its
successor which will be allowed 30 days to prepare written
comments concerning the report; (2) The commission and the local governing body shall hold a
public hearing on the proposed ordinance. Notice of the hearing
shall be published at least three times in the principal newspaper
of general circulation within the municipality or county in which
the property or properties to be designated or acquired are
located; and written notice of the hearing shall be mailed by the
commission to all owners and occupants of such properties. All the
notices shall be published or mailed not less than ten nor more
than 20 days prior to the date set for the public hearing; and (3) Following the public hearing, the local governing body may
adopt the ordinance as prepared, adopt the ordinance with any
amendments it deems necessary, or reject the proposal. (c) Within 30 days immediately following the adoption of the
ordinance, the owners and occupants of each designated historic
property and the owners and occupants of each structure, site, or
work of art located within a designated historic district shall be
given written notification of such designation by the local
governing body, which notice shall apprise said owners and occupants
of the necessity for obtaining a certificate of appropriateness
prior to undertaking any material change in the appearance of the
historic property designated or within the historic district
designated. |