44-10-22. Definitions.

As used in this article, the term:

“Certificate of appropriateness” means a document approving a proposal to make a material change in the appearance of a designated historic property or of a structure, site, or work of art located within a designated historic district, which document must be obtained from a historic preservation commission before such material change may be undertaken.#

“Commission” means a historic preservation commission created or established pursuant to Code Section 44-10-24.#

“Designation” means a decision by the local governing body of a municipality or county wherein a property or district proposed for preservation is located to designate such property or district as a “historic property” or as a “historic district” and thereafter to prohibit all material changes in appearance of such property or within such district prior to the issuance of a certificate of appropriateness by the historic preservation commission.#

“Exterior architectural features” means the architectural style, general design, and general arrangement of the exterior of a building or other structure, including, but not limited to, the kind or texture of the building material; the type and style of all windows, doors, and signs; and other appurtenant architectural fixtures, features, details, or elements relative to the foregoing.#

“Historic district” means a geographically definable area, urban or rural, which contains structures, sites, works of art, or a combination thereof which:#

1. (A)

   Have special character or special historical or esthetic interest or value;#

2. (B)

   Represent one or more periods or styles of architecture typical of one or more eras in the history of the municipality, county, state, or region; and#

3. (C)

   Cause such area, by reason of such factors, to constitute a visibly perceptible section of the municipality or county.#

“Historic preservation jurisdiction,” in the case of a county, means the unincorporated area of the county; and, in the case of a municipality, such term means the area within the corporate limits of the municipality.#

“Historic property” means a structure, site, or work of art, including the adjacent area necessary for the proper appreciation or use thereof, deemed worthy of preservation by reason of its value to the municipality, county, state, or region for one or more of the following reasons:#

1. (A)

   It is an outstanding example of a structure representative of its era;#

2. (B)

   It is one of the few remaining examples of a past architectural style;#

3. (C)

   It is a place or structure associated with an event or person of historic or cultural significance to the municipality, county, state, or region; or#

4. (D)

   It is a site of natural or esthetic interest that is continuing to contribute to the cultural or historical development and heritage of the municipality, county, state, or region.#

“Local governing body” means the elected governing body or governing authority of any municipality or county of this state.#

“Material change in appearance” means a change that will affect only the exterior architectural features of a historic property or of any structure, site, or work of art within a historic district and may include any one or more of the following:#

1. (A)

   A reconstruction or alteration of the size, shape, or facade of a historic property, including relocation of any doors or windows or removal or alteration of any architectural features, details, or elements;#

2. (B)

   Demolition of a historic property;#

3. (C)

   Commencement of excavation;#

4. (D)

   A change in the location of advertising visible from the public way on any historic property; or#

5. (E)

   The erection, alteration, restoration, or removal of any building or other structures within a designated historic district, including walls, fences, steps, and pavements, or other appurtenant features, except exterior paint alterations.#

“Person” includes any natural person, corporation, or unincorporated association.#