§ 2-139. Procedures appropriateness for issuance of certificates of appropriateness.

Anyone desiring to take action requiring a certificate of appropriateness concerning a resource for which a permit, variance, or other authorization from either the City of Tupelo building official or the City of Tupelo is also required, shall make application therefore 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 City of Tupelo building official shall be assured that the application is proper and complete. No building permit shall be issued by the City of Tupelo building official which affects a resource without a certificate of appropriateness. In the event that a building permit need not be obtained for a building, structure, or object to be erected within a historic district or on a landmark or landmark site, a certificate of appropriateness is still required before such building, structure, or object may be erected. Thereafter, such application shall be reviewed in accordance with the following procedure:

(1)

When any such application is filed, the City of Tupelo building official shall immediately notify the commission chairman or vice-chairman, if the chairman is unavailable, of the application having been filed.

(2)

If at the time of filing of an application, there is not a commission meeting already scheduled within thirty (30) days of this filing, the chairman or vice-chairman shall set a time and date, which shall be not later than fifteen (15) days after the filing of the application for a hearing by the commission, and the City of Tupelo building official shall be so informed.

(3)

The applicant shall, upon request, have the right to a preliminary conference with commission staff for the purpose of making any changes or adjustments to the application which might be more consistent with the commission's standards.

(4)

Not later than eight (8) days before the date set for the said hearing, the City of Tupelo building official shall mail notice thereof to the applicant at the address in the application and to all members of the commission.

(5)

Notice of the time and place of said hearing shall be given by publication in a newspaper having general circulation in the community at least ten (10) days before such hearing and/or by posting such notice on the bulletin board in the lobby of City of Tupelo Hall.

(6)

At such hearing, the applicant for a certificate of appropriateness shall have the right to present any relevant evidence in support of the application. Likewise, the governing body shall have the right to present any additional relevant evidence in support of the application.

(7)

The commission shall have the right to recommend changes and modifications to enable the applicant to meet the requirements of the commission.

(8)

Within not more than twenty-one (21) days after the hearing on an application, the commission shall act upon it, either approving, denying, on [or] deferring action until the next meeting of the commission, giving consideration to the factors set forth in section 2-138 hereof. 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 City of Tupelo building official. Whenever a local historic preservation commission shall deny or recommend denial of a certificate of appropriateness, the commission must state the reasons for such denial in writing. Thereafter, an applicant may resubmit a new application at any time, except that an applicant must wait six (6) months whenever an application for a certificate of appropriateness is denied for a landmark property of statewide or national significance and notice of any second or subsequent application must be sent to the Mississippi Department of Archives and History as well as to the local historic preservation commission.

(9)

In all cases of applications affecting National Historic Landmarks, at least two-thirds ( 2/3 ) of the members of the commission must approve a certificate of appropriateness in order for it to be granted.

(10)

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 of Tupelo concerning zoning, construction, repair, or demolition.

(11)

Denial of a certificate of appropriateness shall be binding upon the City of Tupelo building inspector or the agency responsible for issuing building permits and shall prevent the issuance of other building permits for the same parcel until a certificate of appropriateness is approved. A certificate of appropriateness may be required for work which does not require a building permit. A certificate of appropriateness may be evidenced by either a written and dated letter to an owner or applicant or such a letter accompanied by a signed and dated stamp on the face of any and all architectural or project drawings prepared for a project.

(12)

A certificate of appropriateness shall expire after six (6) months if work has not begun.

(Ord. of 4-19-05(1), § IX)