Section 45-36A-102


Published: 2015

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Section 45-36A-102

Section 45-36A-102Historic preservation commission; architectural review board; review of building plans.

(a) The governing body of the City of Scottsboro in Jackson County may adopt ordinances, pass resolutions, or take such appropriate action as necessary to promote the general public welfare within the city, such ordinances to protect the historic character of the city in the manner hereinafter described..



(b) The governing body of the city, upon the recommendation of the historic preservation commission, as provided for below, may designate as a historic district any area, site, building, or structure within the city having an overall atmosphere of either historic or architectural distinction, or both



(c) A historic preservation commission with the following membership, duties, and powers may be created by the city governing body:



(1) The commission shall be composed of no less than seven members who shall be selected by the city governing body in such a manner as to serve overlapping terms. Except for the first members, their terms shall be for four years. Vacancies occurring in the commission shall be filled by appointment by the city governing body. The commission shall elect from its membership a chair and vice chair who shall serve for terms of one year and who shall be eligible for reelection. The chair shall preside over the commission and shall have the right to vote.



(2) The commission shall operate under a constitution as adopted by the commission and approved by the city governing body.



(3) The commission shall have as its purposes: a. The promotion of the general public welfare, within its jurisdictional area, by maintaining and increasing real estate values, generating business creating new positions, attracting tourists and new residents, stimulating interest in architecture and design, educating citizens in American culture and heritage, and making the city a more attractive and desirable place in which to live; b. the preservation and protection of areas, sites, buildings, and structures of historic and architectural value in the historic districts, as defined in subsection (b), and the maintenance and improvement of the distinctive character of these districts; c. the fostering and encouraging of the preservation, restoration, and utilization of areas, sites, buildings, and structures of historic and architectural value in the historic districts as major tourist attractions of historic, architectural, and economic value, and in connection therewith, shall be authorized to provide for patio, sidewalk, or balcony type restaurants with outdoor dining facilities. Provided, however, all such restaurants and facilities shall in every other respect be subject to all state, county, and municipal regulations respecting food handling establishments, adopted pursuant to Section 22–20–5, as amended. Provided further that nothing in this section shall be construed so as to permit the city, or commission created pursuant to this section, to enter into the restaurant business.



(4) The commission shall have the power and the authority in addition to all powers conferred on it by the general law:



a. To purchase, sell, contract to purchase, contract to sell, own, encumber, lease, mortgage, acquire, and dispose of easements in any part of, and insure real and personal property of all kinds and descriptions.



b. To request, solicit, and accept gifts, donations, pledges, fees, bequests, devises, loans, or appropriations of any kind and from any source whatever.



c. To set up at such lawful depository or depositories in the city as it may select, a revolving fund for historic development which shall be composed of the monies which may come into its hands from any source whatsoever and which shall be used for the furtherance of the objectives and purposes of the commission.



d. The commission may employ such professional, office, technical, and other personnel as may be necessary or desirable for the performance of the purposes of the commission in the most efficient manner.



(5) The city governing body may provide funds, equipment, and accommodations for the commission’s work.



(6) The commission shall be a nonprofit governmental agency whose funds shall be used exclusively for public purposes. Such commission shall have a tax exempt status, and the properties of the commission and the income therefrom, together with all leases, agreements, and contracts made by it, shall be forever exempt from any and all taxation by the State of Alabama and any political subdivision thereof, including, but not limited to, income, admission, amusement, excise, and ad valorem taxes.



(7) It shall be the duty of the commission to exercise such powers as the commission shall deem necessary and fitting to carry out the above-stated purposes.



(d) An architectural review board with the following membership, duties, and powers shall be selected by the city governing body:



(1) The board shall be composed of seven members selected by the city governing body to serve overlapping terms. Except for the first members, their terms shall be five years. Membership of the board shall at all times include the community development coordinator and one member of the historic preservation commission.



(2) The board shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record.



(3) Meetings shall be held at regular intervals, as may be prescribed by the city governing body and upon request of the commission.



(4) The board may appoint such employees as it may deem necessary for its work, whose appointment, promotion, demotion, and removal shall be subject to the same provisions of law as govern other civil employees of the city. The board may also contract with architects and other professional and technical consultants for such services as it may require.



(5) The expenditures of the board, exclusive of gifts and grants, shall be within the amounts appropriated for the purpose by the city governing body, which may provide funds, equipment, and accommodations for the board’s work.



(6) It shall be the duty of the board to approve or disapprove plans for any buildings or other structures to be erected, altered, repaired, moved, or demolished which are located or are to be located within the historic districts.



(e) The city governing body shall prescribe the procedure for the review of building plans for any building or structure to be erected, altered, repaired, moved, or demolished which is located or is to be located in the designated historic districts, including rules governing decisions of the architectural review board and the procedure for appeal from decisions of the board. (f) The city governing body may adopt such other regulations as are necessary to effect the purposes of this section.

(Act 81-187, p. 221, §§1-6.)