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11-68-2
Section 11-68-2 Establishment of historic preservation commission and architectural review
boards. The governing body of any municipality electing to enact an ordinance, pursuant to
this chapter, to provide for the creation, protection, and enhancement of historic properties
or historic districts, shall establish an historic preservation commission, hereinafter sometimes
called the commission, and may establish one or more architectural review boards, hereinafter
sometimes called the boards, to carry out the purposes and responsibilities of that ordinance.
(Acts 1989, No. 89-536, p. 1116, §2.)...
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45-2-221.09
Section 45-2-221.09 Form of application for rescission. Applications submitted for rescission
of a historic district or preservation district designation need be of no particular form,
but shall contain the following information: (1) The name, address, and telephone number of
the applicant. If applicant is a group or organization, include the name of the person who
is to be contacted with respect to the application. (2) A written description of the district,
including present land use and general location. (3) A written and detailed description of
the reasons to be considered for rescission of the district designation. (4) A map or other
graphic description of the district. (5) The legal description of the district. (6) A one
page petition for each property owner within the district, whether the property owner signed
in support or opposition or was nonresponsive to the petitioned cause. a. For the purpose
of this part, each parcel of land is considered to have a single owner whether...
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45-2-221.06
Section 45-2-221.06 Enlargement of designated district. The county commission may vote to enlarge
a designated historic district or preservation district if it determines that the best interest
of the district and county would be served by such action and where the county commission
has received an appropriate application. Applicants requesting enlargement of a district shall
meet the requirements and follow the procedures set forth in this part for designation of
the applicable type district. The geographical area of enlargement shall be contiguous to
the existing district. (Act 80-497, p. 769, §7.)...
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11-68-11
Section 11-68-11 Issuance of certificate; factors considered; reasons for rejection; application
for reconsideration; effect of rejection on issuance of building permit. (a) The historic
preservation commission shall approve an application and issue a certificate of appropriateness
if it finds that the proposed change, erection, or demolition conforms to the general design
standards established by the commission, is compatible with the character of the historic
property or historic district and does not detract from the value of the historic property
or historic district. In making this determination, the commission shall consider, in addition
to any other pertinent factors, the historic and architectural features involved and the proposed
change thereto, and the relationship thereof, to the exterior architectural style, and pertinent
features of other structures in the immediate neighborhood. (b) In its review of applications
for certificate of appropriateness, the commission shall...
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45-2-221.08
Section 45-2-221.08 Application for rescission of district designation. Applicants shall meet
the following requirements in order for the county commission to consider rescission of a
district designation: (1) Notification of the county commission and the Baldwin County Historic
Development Commission by registered mail or by personal presentation to the county commission
in a regularly scheduled county commission meeting of the intent to submit an application
for rescission of a district designation. Notification shall precede solicitation of the signatures
on petitions which request rescission of the district designation. (2) A percentage of district
property owners not less than 70 percent shall petition the Baldwin County Commission for
rescission of the designation. (3) Copies of the application containing the information as
required in this part must be received by the county commission and Baldwin County Historic
Development Commission within the six-month period following...
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45-17A-81.11
Section 45-17A-81.11 Court action to prevent improper changes; damages. The commission, or
Tuscumbia, shall be authorized to institute any appropriate action or proceeding in a court
of competent jurisdiction to prevent any change in the exterior of a building or structure
which is either an historic property or which is contained in an historic district, except
in compliance with the provisions of an ordinance adopted in conformity with this part, or
to prevent any illegal act or conduct with respect to such historic property, or historic
district, and to recover any damages which may have been cause by the violation of that ordinance.
(Act 89-958, p. 1887, §12.)...
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45-2-221.02
Section 45-2-221.02 Definitions. As used in this part, the following terms shall have the meanings
or descriptions as provided herein unless the context clearly indicates otherwise: (1) "Historic
district" shall refer to any district designated as a historic district by the Baldwin
County Commission pursuant to the terms of this part. A historic district shall meet at least
one of the following criteria: a. The district is listed on the national and/or state registers;
or b. The district shall contain a significant number of buildings that are 50 years or older;
or c. The district shall contain buildings of distinct historical architectural character;
or d. Is an area where significant personalities or events existed or occurred. (2) "Preservation
district" shall refer to any district designated as a preservation district by the Baldwin
County Commission pursuant to this part. A preservation district shall meet at least one of
the following criteria: a. The district is a geographically...
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11-85-52
Section 11-85-52 Formation of regional planning and development commissions. (a) Generally.
At any time subsequent to the designation of a state planning and development district pursuant
to Section 11-85-51, governmental units within the district acting through their governing
bodies by ordinance or resolution may adopt a written agreement for the formation of a regional
planning and development commission and may petition the Governor to certify such a commission
for a region located entirely within a state planning and development district and consisting
of at least three contiguous counties and containing a population of at least 100,000. Governmental
units so petitioning must represent at least a majority of the population within the proposed
region. No county shall be divided in forming a region. The Governor may, after consultation
with the governing bodies of the governmental units involved, amend petitions to include additional
counties to assure that the objectives of this...
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11-68-15
Section 11-68-15 Applicability of chapter to highways, bridges, etc.; applicability of federal
provisions. The provisions of this chapter shall not apply to a highway, road, street, bridge,
or utility structure or facility, nor to any highway, road, street, bridge, or utility structure
or facility to be constructed or improved, including any property, building or other structure
or facility to be changed, moved, demolished, acquired, or utilized in connection therewith,
lying or running within any municipality or county, or within an historic district or an area
designated as historic properties under this chapter, nor to actions taken in connection therewith
by public authorities or utilities charged with responsibility of constructing, maintaining,
repairing, or improving any such highway, road, street, bridge, or utility structure or facility,
including any property, building, or other structure or facility to be changed, moved, demolished,
acquired, or utilized in connection...
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45-26A-70.15
Section 45-26A-70.15 Applicability of article. (a) This article shall not apply to a highway,
road, street, bridge, or utility structure or facility, nor to any highway, road, street,
bridge, or utility structure or facility to be constructed or improved, including any property,
building, or other structure or facility to be changed, moved, demolished, acquired, or utilized
in connection therewith, or within an historic district or an area designated as historic
properties under this article, nor to actions taken in connection therewith by public authorities
or utilities charged with the responsibility of constructing, maintaining, repairing, or improving
any such highway, road, street, bridge, or utility structure or facility, including any property,
building, or other structure or facility to be changed, moved, demolished, acquired, or utilized
in connection therewith; provided further, however, that where property lying within an area
designated as historic properties or as an...
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