Code of Alabama

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45-2-221.04
Section 45-2-221.04 Requirements for preservation district designation. Applicants shall meet
requirements of subdivision (1) and one or more of the other following requirements in order
to be considered for preservation district designation: (1) At least 60 percent of the district
property owners, which shall also consist of at least 60 percent of the property, shall petition
the Baldwin County Commission for a preservation district designation. (2) Is a geographically
definable urban or rural area which contains structures or sites or a combination thereof
which have a special character, aesthetic interest or value, and represent one or more period(s)
of styles of architecture typical of one or more era(s) of the history of the area constituting
a visibly perceptible section of the municipality or county. (3) Recommendation for designation
by any federal, state, or other recognized survey of historic sites or structures. (Act 80-497,
p. 769, §5.)...
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45-26A-70.02
Section 45-26A-70.02 Composition of board; personnel; annual report; meetings. (a) An historic
preservation commission created by an ordinance enacted pursuant to this article shall be
composed of not less than seven members, who shall have demonstrated training or experience
in the fields of history, architecture, architectural history, urban planning, archaeology,
or law, or who shall be residents of an historic district designated pursuant to that ordinance.
A majority of the members of the commission shall be bona fide residents of the territorial
jurisdiction of Wetumpka. Not more than one-fifth of the members of the commission shall be
public officials. (b) Members of the commission shall be nominated by the chief executive
officer of Wetumpka and appointed by the legislative body of Wetumpka. Nomination and appointment
of members of the commission shall be made so as to ensure that the commission will be composed
of persons with as much of the training and experience specified...
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45-26A-70.07
Section 45-26A-70.07 Notice of designation. Upon the designation of any historic property or
historic district by Wetumpka pursuant to an ordinance enacted pursuant to this article, the
historic preservation commission shall give notice in writing of that designation to all agencies
of Wetumpka and to all owners of property included in the historic designation. (Act 89-718,
p. 1433, §8.)...
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11-68-3
Section 11-68-3 Composition of commission; nomination of members; terms of office; removal;
vacancies; officers; rules; reimbursement of expenses; personnel; annual report; meetings.
(a) An historic preservation commission created by an ordinance enacted pursuant to this chapter
shall be composed of not less than 7 members, who shall have demonstrated training or experience
in the fields of history, architecture, architectural history, urban planning, archaeology
or law, or who shall be residents of an historic district designated pursuant to that ordinance.
Members of the commission shall be bona fide residents of the territorial jurisdiction of
the municipality creating the commission. Not more than one-fifth of the members of the commission
shall be public officials. (b) Members of the commission shall be nominated by the chief executive
officer of the municipality creating the commission and appointed by the legislative body
of that municipality. Nomination and appointment of...
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11-54B-46
Section 11-54B-46 Review of self-help business improvement district plan and adoption of ordinance.
The governing body of the municipality, upon review of the self-help business improvement
district plan and after public hearing, may adopt an ordinance to designate, establish, and
maintain the area described in the plan as a self-help business improvement district. The
ordinance shall provide for an effective date of 30 days from the date of adoption of the
ordinance by the governing body of the municipality and shall provide that, if the owners
of nonexempt real property representing 60 percent of the total fair market value of all real
property located within the district, or the owners of at least 50 percent of the parcels
of property located within the district; or, alternatively with respect to a district funded
by assessments against a particular class of businesses, if the owners of businesses, consistent
with the signatures required under subdivision (2) of Section 11-54B-44,...
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11-68-12
Section 11-68-12 Institution of court proceedings to prevent violations and recover damages.
The historic preservation commission, or the municipality creating the commission, 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 chapter, 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 caused by the violation of that ordinance. (Acts 1989, No. 89-536, p.
1116, §12.)...
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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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40-9F-2
Section 40-9F-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) CERTIFIED HISTORIC STRUCTURE. A property located in Alabama which is certified
by the Alabama Historical Commission as being individually listed in the National Register
of Historic Places, eligible for listing in the National Register of Historic Places, or certified
by the commission as contributing to the historic significance of a Registered Historic District.
(2) CERTIFIED REHABILITATION. Repairs or alterations to a certified historic structure that
is certified by the commission as meeting the U.S. Secretary of the Interior's Standards for
Rehabilitation, or to non-historic structures built before 1936 which are certified by the
commission as meeting the requirements contained in Section 47(c)(1)(a) and (b) of the Internal
Revenue Code, as amended, or to a certified historic residential structure as defined in subdivision
(4). (3) CERTIFIED HISTORIC RESIDENTIAL...
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40-9F-31
Section 40-9F-31 Definitions. As used in this article, the following terms shall have the following
meanings: (1) CERTIFIED HISTORIC STRUCTURE. A property located in Alabama which is at least
sixty years old, unless the structure is an historic structure located within the boundaries
of a National Monument or Park as declared by the United States Congress or the President
of the United States, in which case the federal age provisions shall apply, and is certified
by the Alabama Historical Commission as being individually listed in the National Register
of Historic Places, eligible for listing in the National Register of Historic Places, or certified
by the commission as contributing to the historic significance of a Registered Historic District.
(2) CERTIFIED REHABILITATION. Repairs or alterations to a certified historic structure that
is certified by the commission as meeting the U.S. Secretary of the Interior's Standards for
Rehabilitation which meet the requirements contained in...
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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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