§ 2-136. Designation of landmarks, landmark sites, and historic districts.

By ordinance, the City of Tupelo may establish landmarks, landmark sites, and historic districts within the area of its jurisdiction. Such landmarks, landmark sites, or historic districts shall be designated following the criteria as specified in section 2-132.

(1)

The commission shall initiate a continuing and thorough investigation of the archaeological, architectural, cultural, and historic significance of the City of Tupelo's resources. The findings shall be collected in a cohesive format, made a matter of public record, and made available for public inspection. The commission shall work toward providing complete documentation for locally designated historic districts that would include:

a.

An inventory of all property within the boundary of the district, with photographs of each building and an evaluation of its significance to the district. Building evaluations are to be used only as a reference or guide and shall not be used as the determining factor for issuing or denying a certificate or appropriateness.

b.

An inventory which would be in format consistent with the statewide inventory format of the Historic Preservation Division of the Mississippi Department of Archives and History (SHPO).

(2)

The commission shall advise the City of Tupelo on the designation of historic districts, landmarks, or landmark sites and submit or cause to be prepared ordinances to make such designation.

(3)

A resource or resources may be nominated for designation upon motion of three (3) members of the commission or by an organization interested in historic preservation or by an owner of the property being nominated. A nomination shall contain information as specified by the commission. The commission must reach a decision on whether to recommend a proposed nomination to the City of Tupelo within six (6) months in the case of a historic district and two (2) months in the case of either a landmark or landmark site.

(4)

If the commission votes to recommend to the City of Tupelo the designation of a proposed resource, it promptly forwards to the City of Tupelo its recommendation, in writing, together with an accompanying file.

(5)

The commission's recommendations to the City of Tupelo for the designation of a historic district shall be accompanied by:

a.

A map of the historic district that clearly delineates the boundaries.

b.

A verbal boundary description and justification.

c.

A written statement of significance for the proposed historic district.

(6)

After the nomination of a resource to the City of Tupelo for possible local designation, the resource shall be fully protected by the provisions of this ordinance for a period of six (6) months, as if it were already designated.

(7)

Any property designated under a previous City of Tupelo ordinance shall remain designated.

(8)

No historic district or districts shall be designated until the Mississippi Department of Archives and History has been notified by certified letter by the City of Tupelo and invited to make recommendations concerning the proposed district boundaries. The Mississippi Department of Archives and History may comment by letter, telephone, e-mail or in person through designated staff. The City of Tupelo shall provide to the Mississippi Department of Archives and History the dates of the next two (2) public meetings at which action on the designation of such a district might be taken so that the Mississippi Department of Archives and History may comment in a timely manner. Failure of the Mississippi Department of Archives and History to comment by the date of the second such meeting shall relieve the City of Tupelo of any responsibility for awaiting and responding to such analysis, and the City of Tupelo may at any time thereafter take any necessary action to create the proposed historic district.

a.

If a proposed ordinance is to designate a landmark or landmark site, it may be presented to the City of Tupelo with a recommendation that it be adopted without submission to the Mississippi Department of Archives and History.

(9)

The City of Tupelo shall conduct a public hearing, after notice, to discuss the proposed designation and boundaries thereof. A notice of the hearing shall be published once a week for at least three (3) consecutive weeks in at least one newspaper published in the City of Tupelo. If a newspaper is not published in the City of Tupelo, 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 twenty-one (21) days prior to the date fixed in the resolution for the public hearing and the last publication shall be made not more than seven (7) days prior to such date.

(10)

Within sixty (60) calendar days after the public hearing held in connection herewith, the City of Tupelo shall adopt the ordinance as proposed, reject it entirely, or adopt the ordinance with modifications.

(11)

Furthermore, the commission shall notify, as soon as is reasonably possible, the 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.

(Ord. of 4-19-05(1), § VI)

State law reference

Designation of landmarks, MCA 1972, § 39-7-11.