Section 45-17A-80 Purpose. The purposes of this part are to provide for the establishment of an Historic Preservation Commission and Architectural Review Board, and to promote the educational, cultural, economic, and general welfare of Tuscumbia through the preservation and protection of buildings, sites, structures, areas, and districts of historic significance and interest; through the preservation […]
Section 45-17A-80.01 Historic Preservation Commission and Architectural Review Board. The governing body of Tuscumbia electing to enact an ordinance, pursuant to this part, to provide for the creation, protection, and enhancement of historic properties or historic districts, shall establish an historic preservation commission, hereinafter sometimes called the commission, and may establish one or more architectural […]
Section 45-17A-80.02 Composition of board; personnel; annual report; meetings. (a) An historic preservation commission created by an ordinance enacted pursuant to this part shall be composed of not less than seven members, who shall have demonstrated training or experience in the fields of history, architecture, architectural history, urban planning, archaeology, or law, or who shall […]
Section 45-17A-80.03 Commission a nonprofit agency; tax exempt status. The commission shall constitute a nonprofit governmental agency whose funds shall be used exclusively for public purposes. The commission shall have tax exempt status, and the properties of the commission and the income therefrom, together with all leases, agreements, and contracts made by it, shall be […]
Section 45-17A-80.04 Powers and duties. The commission created by an ordinance enacted pursuant to this part shall be authorized to: (1) Preserve and protect buildings, structures, and sites of historic and architectural value in the historic districts designated pursuant to that ordinance; (2) Prepare a survey of all property within the territorial jurisdiction of Tuscumbia; […]
Section 45-17A-80.05 Recommendation for designation of historic properties and districts. (a) On recommendation of the historic preservation commission, the City of Tuscumbia may designate historic properties and historic districts within the territorial jurisdiction of Tuscumbia. (b) The commission shall not recommend designation of an historic property or historic district unless such recommendation is based on […]
Section 45-17A-80.06 Public hearing; notice. (a) Before the commission shall recommend the designation of an historic property or historic district, it shall hold a public hearing on the proposed recommendation of historic designation to be held at a time and place, and pursuant to such notices specified in the ordinance creating the commission. (b) In […]
Section 45-17A-80.07 Notice of designation. Upon the designation of any historic property or historic district by Tuscumbia pursuant to an ordinance enacted pursuant to this part, the historic preservation commission shall give notice in writing of that designation to all agencies of Tuscumbia and to all owners of property included in the historic designation. (Act […]
Section 45-17A-80.08 Certificate of appropriateness for modification, erection, or demolition; applications; rules and regulations; design standards; records. (a) No change in the exterior appearance of an historic property or any building, structure, or site within an historic district may be made, and no historic property may be demolished, and no building or structure in an […]
Section 45-17A-80.09 Appeal of denial. Any person having a request for a certificate of appropriateness denied by the historic preservation commission, or architectural review board as hereinafter provided, may appeal such denial to the Circuit Court of Colbert County. (Act 89-958, p. 1887, §10.)
Section 45-17A-80.10 Approval of application; rejection. (a) The commission shall approve an application and issue a certificate of appropriateness if it finds that the proposed change, erection, or demolition conforms to the general design standards established by the commission, is compatible with the character of the historic property or historic district, and does not detract […]
Section 45-17A-80.12 Architectural review board. (a) Tuscumbia, upon enacting an ordinance pursuant to this part, may elect to create an architectural review board, hereinafter sometimes called the board, to perform the duties and responsibilities of the historic preservation commission in accepting, considering, and approving or rejecting applications for certificates of appropriateness, as set out in […]
Section 45-17A-80.13 Creation of joint commission and board. Tuscumbia may create a joint commission and board with other municipalities within Colbert County or with Colbert County pursuant to an ordinance enacted pursuant to this part, with all the powers granted by this part to such commissions. Any such joint commission and joint board shall be […]
Section 45-17A-80.14 Continuation of prior commissions or boards. No provision of this part shall be construed to require the dissolution of any historic development commission or architectural review board created by an ordinance enacted pursuant to prior laws. Any historic development commission or architectural review board created by an ordinance existing pursuant to prior laws […]
Section 45-17A-81.11 Court action to prevent improper changes; damages. The commission, or Tuscumbia, shall be authorized to institute any appropriate action or proceeding in a court of competent jurisdiction to prevent any change in the exterior of a building or structure which is either an historic property or which is contained in an historic district, […]
