Procedures for issuance of certificates of appropriateness.
Hattiesburg Code of Ordinances § 26-7
in effectSec. 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)
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_ARTIINGE_S26-7PRISCEAPFetched: 11/1/2026