Sec. 26-38. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alteration means any change in the exterior appearance or materials of a landmark or a structure within a historic district or on a landmark site.
Applicant means the record owner of a landmark, landmark site or building within a historic district or the lessee thereof with the approval notarized by the owner of record, or a person holding a bona fide contract to purchase same who makes application for a certificate of appropriateness under this article.
Building means any building or other structure built for shelter or enclosure of persons, animals or chattels, including fences, signs, paving and boundary walls, and any part of any such building or structure when subdivided by division walls or party walls extending to or above the roof and without openings in such separate walls. The term "building" shall be construed as if followed by the words "or any part thereof."
Certificate of appropriateness means an official signed and dated governmental document issued by the commission to permit specific work in a historic district or at a landmark site or landmark which has been reviewed and approved.
City means the City of Hattiesburg as represented by the city council and mayor. For all intents and purposes of this article, the terms "city," "board," and "council" shall be interchangeable.
Commission means the historic conservation commission created under this article, pursuant to MCA 1972, § 39-13-5.
Conservation district means an area designated by the commission and approved by the city through an ordinance which contains a geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united by past events or aesthetically by plan or physical development.
Construction means work which is neither alteration nor demolition. Essentially, it is the erection of a new structure which did not previously exist, even if such a structure is partially joined to an existing structure.
Demolition means as provided in MCA 1972, § 39-13-2(d).
Demolition by neglect means substantial deterioration of a historic structure that results from improper maintenance or a lack of maintenance.
Earthworks means any subsurface remains of historical, archaeological or architectural importance or any unusual ground formations or archaeological significance.
Exterior feature means the architectural style, general design and general arrangement of the exterior of a building or other structure, the kind and texture of the building material and the type and style of all windows, doors, light fixtures, signs and other appurtenant fixtures and natural features such as live trees.
(1) In the case of signs, the term "exterior feature" means the style, material, size, and location of all such signs.
(2) Live trees larger than six inches in diameter at a point five feet above the ground shall be considered as exterior features.
Historic resources.
(1) The term "historic resources" means as recognized by the National Register of Historic Places, historic resources consist of separate and aggregate buildings, districts, structures, sites and objects, and are defined as follows:
Building means a structure created to shelter any form of human activity, such as a house, barn, church, hotel or similar structure. The term "building" may refer to a historically related complex such as a courthouse and jail or a house and barn.
District means a group of two or more tax parcels and their structures, and may be an entire neighborhood of structures linked by historical association or historical development. It is not necessary that all structures within a district share the same primary architectural style or be from the same primary historical period. A historic district may also include both commercial and residential structures, and may include structures covered by two or more zoning classifications. A district may include both contributing and noncontributing structures.
Object means a material thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting or environment. For example: steamboats, dredges.
Site means the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself maintains historical or archaeological value regardless of the value of any existing structures. For example: battlefields, Indian mounds.
Structure means a manmade object and typically will be visible because of portions which exist above grade. Structures built during the historic period, 1700 forward, may in some instances not be visible above grade if they are cellars, cisterns, icehouses or similar objects which by their nature are intended to be built into the ground. A structure includes both interior components and visible exterior surfaces, as well as attached elements such as signs and related features such as walks, walls, fences and other nearby secondary structures or landmark features.
(2) For the intents and purposes of this article, the definition of a National Register district corresponds as a conservation district; buildings, structure or object correspond as a landmark; and the definition of a National Register site corresponds as a landmark site.
Landmark means an improved parcel of ground within the city limits of the city with a building, structure, or object which possesses particular historical, architectural, or cultural significance, and which has been designated by the commission and approved by the city through an ordinance after having been categorized according to the following guidelines:
(1) Recognized landmark.
a. Exemplifies or reflects the broad cultural, political, economic or social history of the nation, state county or city.
b. Is identified with historic personages or with importance events in national, state or local history.
c. Construction, relocation, and alteration projects connected with Recognized Landmarks are not subject to full design review by the Historic Conservation Commission except for those properties within the boundaries of an existing historic conservation district.
(2) Protected landmark.
a. Embodies distinguishing characteristics of an architectural type or is a specimen inherently valuable for the study of a period, style, method of construction or use of indigenous materials or craftsmanship.
b. Is representative of the notable work of a master builder designer or architect whose individual ability has been recognized or who influenced his/her age. Built resources must be more than 50 years old. If less than 50 years old, built resources must have outstanding cultural, historical or architectural significance.
c. Yields, or may be likely to yield, important information about prehistory or history.
d. Construction, relocation, demolition and alteration projects connected with Protected Landmarks are subject to full design review by the Historic Conservation Commission.
Landmark site means a location where a primary architectural or historical resource formerly stood or a significant historic event took place or an important archeological resource remains.
(1) A landmark site:
a. Exemplifies or reflects the broad cultural, political, economic or social history of the nation, state, county or city;
b. Is identified with historic personages or with important events in national, state or local history;
c. Embodies distinguishing characteristics of an architectural type or is a specimen inherently valuable for the study of a period, style, method of construction or use of indigenous materials or craftsmanship; or
d. Has yielded, or may be likely to yield, information important in prehistory or history.
(2) The term "landmark site" differs from the term "landmark" in that the physical location, not the building or structure, possesses primary significance. Although some of the criteria for a "landmark site" parallels the criteria for a "landmark," landmark sites, which are accompanied by buildings or structures, which do or do not possess significance related to the site, may appear eligible as landmarks but must be classified as landmark sites. For the purposes of this article, therefore, the term "landmark site" encompasses prehistoric or historic sites on unimproved or improved parcels of land.
Local governing board or board means the duly elected or appointed foremost authority of the city, including, but not limited to, the mayor, city council, or city planner. For all intents and purposes of this article, the terms "board" and "city" shall be interchangeable.
Ordinary repairs or maintenance means work done to prevent deterioration of a building or any part thereof by restoring the building as nearly as practicable to its condition prior to such deterioration, decay or damage.
Owner of record means the owner of a historic resource reflected on the current county tax roll.
Protected landmark means a structure, building, object and/or site established as an historic landmark by ordinance, duly passed and published by the city council, which has a special character or historical and/or architectural, archaeological or natural interest or value as part of the development and place identity of the neighborhood or commercial district in which it exists and/or that of the city, state or nation, and as such is worthy of recognition, preservation, restoration and/or rehabilitation.
Recognized landmark means a structure, building, object and/or site established as an historic landmark by ordinance, duly passed and published by the city council, and which has a special character or historical and/or cultural or social interest or value as part of the development and place identity of the neighborhood or commercial district in which it exists and/or that of the city, state or nation, and as such is worthy of recognition.
Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings orSecretary's standards means a federal document delineating ten standards and numerous guidelines for the sensitive rehabilitation and preservation of historic buildings. The Secretary's standards shall be used as the guideline for judging all applications for certificate of appropriateness.
(Code 1989, § 6-34; Ord. No. 2193, § 2, 6-25-1985; Ord. No. 3240, § 1, 8-21-2018)
