IN GENERAL

Hattiesburg Code of Ordinances ch. 26, art. I

in effect

Hattiesburg Code of Ordinances § 26-1 Designation of landmarks, landmark sites and historic districts.

Sec. 26-1. - Designation of landmarks, landmark sites and historic districts. The City may establish by ordinance landmarks, historic resources, landmark sites and conservation districts within the area of its jurisdiction. Nominations for landmarks, landmark sites and conservation districts may be submitted by citizens, public or private organizations, the Mayor and members of the City Council to the Commission for consideration. No landmarks, historic resources, landmark sites or conservation districts shall be designated until the following requirements have been met: (1) The commission will initiate a thorough investigation of the historic, architectural, archaeological and cultural significance of the buildings, structures, features, sites and surroundings of such districts, landmarks and landmark sites, and the findings collected in a cohesive printed format, made a matter of public record, and made available for public inspection. a. Previous historic designations such as the "Mississippi Landmark" designation from the state department of archives and history or placement on the National Register of Historic Places shall not preclude the recognition of a landmark or landmark site through this program. b. An application fee as now or hereafter established by the city will be assessed for each submitted landmark nomination. (2) After investigation, if the commission shall decide to recommend the designation of a historic district or landmark or landmark site, it shall prepare or cause to be prepared a proposed ordinance to make such designation. a. If a proposed landmark or landmark site is privately owned, the owner of the property on which the historic resource is situated must give written consent to the city prior to placement of a marker of recognition at or on the historic resource. b. If a building or structure designated as a recognized landmark is determined to have exceptional cultural and/or social significance or value, its status may be elevated, upon the recommendation and approval of the commission and the council, from recognized landmark to protected landmark, with appurtenant opportunities for preservation, restoration and/or rehabilitation, if there be any such. c. Subject to appropriation, historic markers shall be installed at, on or near designated landmarks, landmark sites and historic districts. 1. All historic markers associated with this program must conform to the standard design approved by agreement between the city and the manufacturer of said markers. 2. The content of historic markers must be reviewed by the commission, adhering to guidelines used by the state department of archives and history. d. Historic markers may be privately sponsored, subject to the same regulations stipulated in subsection (2)c.1 and 2 of this section. (3) The commission's recommendations to the city for designation of a conservation district shall be accompanied by complete documentation, including, but not limited to: a. A concise description of the extant historic resources in the district, offering a description of building types and architectural styles represented. b. A concise statement of the district's historical significance. c. Boundary description and justification. d. An inventory of all the buildings, with each building evaluated for its significance to the district. e. A map showing all historic resources in the district. f. Photographs of typical streetscapes in the districts as well as of major types of contributing and noncontributing buildings. (4) If a proposed ordinance is to designate a landmark or landmark site, it may be presented to the city with a recommendation that it be adopted without submission to the state department of archives and history. (5) A public hearing will be had, after notice, specifying the boundaries of any proposed historic district and the location of proposed landmarks and landmark sites. Said notice shall be published once a week for at least three consecutive weeks in at least one newspaper published in the city. If a newspaper is not published in the city, then the notice shall be published in a paper published in the county. The first publication of such resolution shall be made not less than 21 days prior to the date fixed in such resolution for the public hearing and the last publication shall be made not more than seven days prior to such date. Furthermore, a copy of said notice shall be mailed by first class, postage prepaid, to every property owner, as shown on the city tax assessment rolls, whose property is proposed to be included within a historic district or to be designated a landmark or landmark site. This notice shall be mailed to the addresses shown for said property owners on said city tax assessment rolls and shall be mailed at least 15 days before said hearing. A failure to receive a mailed notice shall not invalidate the actions of the city taken as a result of such hearing. (6) Within 60 calendar days after the public hearing held in connection herewith, the city shall adopt the ordinance as proposed, reject it entirely or adopt the ordinance with modifications wherein any modifications shall only be to reduce the scope of the ordinance as published. (7) Furthermore, the commission shall notify, as soon as is reasonably possible, appropriate state, county and municipal agencies of the official designation of all landmarks, landmark sites and historic districts. An updated list and map shall be maintained by such agencies and made available to the public. (Code 1989, § 6-41; Ord. No. 2193, § 9, 6-25-1985; Ord. No. 3240, § 2, 8-21-2018)

Hattiesburg Code of Ordinances § 26-2 Certificates of appropriateness.

Sec. 26-2. - Certificates of appropriateness. In order to promote the general welfare through the conservation, 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 above-ground 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 such landmark until after an application for a certificate of appropriateness of such work has been submitted to and reviewed by the commission, subject to appeal to the city. Therefore: (1) The commission shall serve as a review body with the power to review and approve whether applications for certificates of appropriateness should be granted or denied, and if granted, what conditions, if any, should be provided in such certificate. The city, upon appeal, may impose conditions not recommended by the commission. (2) In making determinations, evaluations and decisions under this article, the commission and city shall seek to accomplish the purposes of this article; 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, painting, 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. (4) All decisions of the commission shall be in writing and shall state the findings of the commission, its recommendations and the reasons thereof. (5) The commission shall not recommend disapproval of any plans without giving its recommendations for changes to be made before such plans can be reconsidered. These recommendations may be in general terms, and compliance therewith shall not ipso facto qualify such plans for approval, only for reconsideration by the commission. (Code 1989, § 6-42; Ord. No. 2193, § 10, 6-25-1985; Ord. No. 2362, § 1, 11-20-1990)

Hattiesburg Code of Ordinances § 26-3 Criteria for issuance of certificates of appropriateness.

Sec. 26-3. - Criteria for issuance of certificates of appropriateness. Pursuant to the U.S. Secretary of the Interior's standards for rehabilitation, the commission and the city shall use the following criteria in granting or denying certificates of appropriateness: (1) General factors. a. General appearance of the land, building or improvement under consideration; b. Structural condition of the existing building or structure; c. Structural composition of the existing building or structure or improvement and proposed alteration; d. Architectural design of the existing building or structure or improvement and proposed alteration; e. Size of the existing land parcel, building or structure or improvement and proposed alteration; f. Historical significance of the existing land, building, structure or improvement; g. Economic use of the existing land, building, structure or improvement; h. Relative cost of the proposed project and alternatives; i. The owner's legitimate right to earn a reasonable return from his/her investment in the site, building or structure; and j. The relationship of the above factors to, and their effect upon the immediate surroundings and, if within a conservation district, upon the district as a whole and its architectural and historical character and integrity. (2) New construction. a. The following aspects of new construction shall be visually compatible with the buildings and environment with which the new construction is visually related, via, the height, the gross volume, the proportion between width and height of the facade, the proportions and relationship between doors and windows, the rhythm of solids to voids created by openings in the facade, and materials used in the facade, the texture inherent in the facade, the pattern and trim used in the facade, and the design of the roof. b. Existing rhythm created by existing building masses and spaces between them should be preserved. c. The landscape plan should be sensitive to the individual building and its occupant and needs and should be visually compatible with the buildings and environment with which it is visually related. d. A new street facade should blend directionally with other buildings with which it is visually related; which is to say, when adjacent buildings have a dominant horizontal or vertical expression, that expression should be carried over in the new facade. e. New construction must be compatible with the original construction of the historic resources, and should be distinguishable from the original construction and should enhance the architectural characteristics of the conservation district. f. No single architectural style shall be imposed. g. The quality and excellence in design should be major determinants. New construction shall include additions to existing resources, structures moved onto vacant properties and new structures on vacant properties within the district. (3) Exterior alteration. a. All exterior alterations to a building or structure should be compatible with the building itself and other buildings with which it is related, as is provided in subsection (2) of this section; and in applying these standards, any original design of the building or structure must be considered. b. Exterior alterations shall not affect the architectural character or historic quality of the building. (4) Signs. a. The scale and design of any sign should be compatible with the building and environment with which it is related. b. The materials, style, size and patterns used in any sign should be compatible with the buildings and environment with which it is related. (5) Demolition and movement. In considering an application for the demolition permit or relocation or moving permit of a landmark or a resource within a historic district the following shall be considered: a. The individual historical or architectural significance of the resource. b. The importance or contribution of the resource to the aesthetics of the district. c. The difficulty or impossibility of reproducing such a resource because of its texture, design, material or detail. d. The proposed replacement structure and the future utilization of the site. (6) Reconstruction. The reconstruction of a building destroyed by fire, storm or other act of God shall be governed by the provisions of the zoning ordinance except that the commission shall regulate the exterior design of such buildings in accordance with the criteria set forth in subsection (3) of this section. (7) Denial of application. Denial of application for a certificate of appropriateness shall only be upon a determination that the proposed changes or project would cause one or more of the following: a. Result in such disharmony of scale, materials, massing, spacing and/or style between the proposed project and its immediate surroundings and the historic district, landmark or landmark site as a whole so as to undermine the architectural integrity and character of the historic district, or landmark site or landmark and inhibit the accomplishment of the purposes of this article; b. Result in such a change in the architectural design or character of an existing building or improvement so as to undermine the architectural integrity or character of a historic district as a whole and inhibit the accomplishment of the purposes of this article; or c. Result in the loss of or irreparable harm to an existing building or improvement of architectural or historical significance. (8) Stay of demolition. If an applicant for a certificate of appropriateness is for the demolition of a resource 50 years old or older within a historic district or a landmark or landmark site, action upon such application shall be stayed for a period of 180 days, during which time the commission and the applicant shall undertake meetings and continuing discussions for the purpose of finding a method to save such property. During such period, the applicant and the commission shall cooperate in attempting to avoid demolition of the property. At the end of said 180-day period, the commission shall meet again to discuss the application and if no mutually agreeable method of saving the property bearing a reasonable prospect of eventual success is underway, or if no formal application for funds from any governmental unit or nonprofit organization to preserve the property is pending, the commission shall notify the city, and the building official, upon written notice of the city, may, but is not required to, issue a permit for demolition without a certificate of appropriateness having been issued. (Code 1989, § 6-44; Ord. No. 2193, § 12, 6-25-1985)

Hattiesburg Code of Ordinances § 26-4 Demolition by neglect.

Sec. 26-4. - Demolition by neglect. (a) Any building or structure which is a landmark and all buildings or structures within a historic district shall be preserved by the owner or such other person who may have the legal custody or control thereof against decay and deterioration and free from unreasonable structural defects. The owner or other person having legal custody and control thereof shall repair such building or structure if it is found to have one or more of the following defects: (1) The deterioration of a building to the extent that it creates or permits a hazardous or unsafe condition as determined by the building official. (2) The deterioration, as determined by the code enforcement official, of a building characterized by one or more of the following: a. Those buildings which have parts thereof which are so attached that they may fall and injure persons or property; b. Deteriorated or inadequate foundation; c. Defective or deteriorated floor supports or floor supports insufficient to carry imposed loads with safety; d. Members of walls or other vertical supports that split, lean, list or buckle due to defective material or deterioration; e. Members of walls or other vertical supports that are insufficient to carry imposed loads with safety; f. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split or buckle due to defective material or deterioration; g. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are insufficient to carry imposed loads with safety; h. Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration; or i. Any fault, defect or condition in the building which renders the same structurally unsafe or not properly watertight. (3) Conditions which cause deterioration as described in this section and determined by the code enforcement officer and are violations of the International Property Maintenance Code. (b) If the commission makes a preliminary determination that a building or structure which is a landmark or is located within a conservation district is being demolished by neglect it shall direct the building official or code enforcement officer to notify the owner of the resource of this preliminary determination, stating the reasons therefor, and shall give the record owner 30 days from the date of mailing such notice or the posting thereof on the property, whichever comes later, to commence work to correct the specific defects as determined by the commission. Said notice shall be given as follows: (1) By certified mail, restricted delivery, mailed to the last-known address of the record owner as listed on the county tax rolls; or (2) If the above mailing procedure is not successful, notice shall be posted in a conspicuous, protected place on the resource involved. (c) If the owner fails to commence work within the time allotted as evidenced by a building permit, the commission shall notify the owner in the manner provided above to appear at a public hearing before the commission at a date, time and place to be specified in said notice, which shall be mailed or posted at least 30 days before said hearing. For the purpose of ensuring lawful notice, a hearing may be continued to a new date and time. The commission shall receive evidence on the issue of whether the subject resource should be repaired and the owner may present evidence in rebuttal thereto. If, after such hearing, the commission shall determine that the resource is being demolished by neglect, it may direct the building official or code enforcement officer to bring misdemeanor charges against the owner if the necessary repairs are not completed within 60 days of the determination by the commission that the subject building or structure is being demolished by neglect. (Code 1989, § 6-45; Ord. No. 2193, § 13, 6-25-1985)

Hattiesburg Code of Ordinances § 26-5 Public safety exclusion.

Sec. 26-5. - Public safety exclusion. None of the provisions of this article shall be construed to prevent any measure of construction, alteration, or demolition necessary to correct or abate the unsafe or dangerous condition of any resource, other feature or part thereof, where such condition has been declared unsafe or dangerous by the building official, code enforcement officer or the fire department and where the proposed measures have been declared necessary, by such authorities, to correct the said condition; provided, however, that only such work as is reasonably necessary to correct the unsafe or dangerous condition may be performed pursuant to this section. In the event any structure or other feature shall be damaged by fire or other calamity, or by act of God or by the public enemy, to such an extent that in the opinion of the aforesaid authorities it cannot reasonably be repaired and restored, it may be removed in conformity with normal permit procedures and applicable laws. (Code 1989, § 6-46; Ord. No. 2193, § 14, 6-25-1985)

Hattiesburg Code of Ordinances § 26-6 Minimum maintenance requirements.

Sec. 26-6. - Minimum maintenance requirements. In order to ensure the protective maintenance of landmarks, landmark sites and resources in the historic district, each building, whether a landmark or within the historic district, shall be maintained to meet the requirements of the International Property Maintenance Code and building code. (Code 1989, § 6-47; Ord. No. 2193, § 15, 6-25-1985)

Hattiesburg Code of Ordinances § 26-7 Procedures for issuance of certificates of appropriateness.

Sec. 26-7. - Procedures for issuance of certificates of appropriateness. Anyone desiring to take action requiring a certificate of appropriateness concerning a landmark, landmark site or resource within a historic district for which a permit, variance or other authorization from either the building official or the city is required, shall make application therefor 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 building official shall be assured that the application is proper and complete. No building permit shall be issued by the building official which affects a resource in a historic district or a landmark or a landmark site without a certificate of appropriateness. Thereafter, such application shall be reviewed in accordance with the following procedure: (1) When any such application is filed, the building official shall immediately notify the administrative staff person for the commission of the application having been filed. (2) When the application, including all information required by the administrative staff person for the commission, is deemed complete, the item shall be placed on the agenda for the next regular meeting of the commission. (3) The applicant shall, upon request, have the right to a preliminary conference with available members or staff of the commission for the purpose of making any changes or adjustments to the application that might be more consistent with the commission's standards. (4) No later than eight days before the date set for said hearing, the administrative staff for the commission shall mail notice thereof to the applicant at the address in the application and to all members of the commission, which shall serve as a call for a special meeting unless the hearing is set for a regularly scheduled meeting. However, the applicant may request that he/she be heard at the next meeting of the commission and may therein waive the above notice. (5) Notice of the time and place of said hearing shall be given at least five days before such hearing by posting such notice on the bulletin board in the lobby of city hall and on the affected property with a sign showing time, date and place of hearing. (6) Within no more than 21 days after the hearing on an application, the commission shall act upon it, either approving, denying or deferring action until the next meeting of the commission, giving consideration to the factors set forth in section 26-3. 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 building official. The commission shall keep a record of its actions under this article. (7) The commission shall have the right to make such recommendations for changes and modifications as it may deem necessary in order to enable the applicant to meet the requirement of the commission. (8) If the applicant objects to the commission's decision and desires a hearing before the city, he/she shall file a written request therefor with the city clerk not more than ten days after the commission decides upon its recommendation. No action by the city shall be taken on the matter within the said ten-day period. (9) If a request for a hearing before the city is timely filed, the city clerk shall mail a notice to the applicant of a hearing date, time and place, which shall be the first meeting of the city to be held more than eight days after the filing of the request for hearing by the applicant. However, the applicant may request, in writing, that he/she be heard at the next meeting of the city and may therein waive the above notice. (10) Upon approval thereof by the commission, or by the city in the event of an appeal, the commission administrative staff person shall issue a certificate of appropriateness and supply a copy to the building official. 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 concerning zoning, construction, repair or demolition unless such is in conflict with this article or action taken hereunder. If so, this article or action taken hereunder shall control. (11) If no permit, variance, or other authorization from either the building official or the city is otherwise required and a certificate of appropriateness is required by this article, then the applicant therefor shall file an application with the commission administrative staff person. Thereafter the application shall be processed in the same manner provided above. The application shall describe what the applicant proposes to do, how it is to be done, and such other information as the commission or administrative staff person may require. (Code 1989, § 6-48; Ord. No. 2193, § 16, 6-25-1985; Ord. No. 2362, § 2, 11-20-1990; Ord. No. 2708, § 1, 11-16-1999)

Hattiesburg Code of Ordinances § 26-8 Appeals.

Sec. 26-8. - Appeals. The applicant who desires to appeal a decision by the city shall file an appeal to the chancery court within 30 days after the determination of the issue by the city. (Code 1989, § 6-49; Ord. No. 2193, § 17, 6-25-1985)

Hattiesburg Code of Ordinances § 26-9 Enforcement and penalties.

Sec. 26-9. - Enforcement and penalties. The performance of an act prohibited by either this article or by the commission or the city as the case may be, acting under the provisions of this article, or the failure to perform an act required either by this article or the commission or the city, as the case may be, is hereby declared to be unlawful and shall constitute a misdemeanor. The city shall enforce the provisions of this article by seeking an injunction or other legal or equitable relief, as it deems appropriate. (Code 1989, § 6-50; Ord. No. 2193, § 18, 6-25-1985)

Source: City of Hattiesburg, Mississippi, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ms/hattiesburg/codes/code_of_ordinances?nodeId=COOR_CH26HIPR_ARTIINGEFetched: 11/1/2026