WHEREAS, the Legislature of the State of Mississippi has determined that the historical, architectural, archaeological, and cultural heritage of this state is among its most important assets; and

WHEREAS, movements and shifts of population and the change in residential, commercial, and industrial uses and customs threaten the destruction of areas, places, structures, works of art, and other objects having special historic, community, architectural, or aesthetic importance, interest, or value and whose preservation and continued utilization are necessary and desirable for the enjoyment and beauty of the City of Vicksburg and for the welfare of the citizens of Vicksburg; and

WHEREAS, the City of Vicksburg contains many structures and areas that embody a sense of time and place unique to the city, or which exemplify or reflect the cultural, social, economic, political, or architectural history of the nation, the State of Mississippi, or the city; and

WHEREAS, the protection of the historic and architectural character and resources of the City of Vicksburg is necessary for the promotion of its economic development; and

WHEREAS, the design of new buildings and their sites and the altering of existing buildings and their sites requires the timely exercise of judgment in the public interest to protect and preserve the landmark buildings and their urban environment; and

NOW THEREFORE, the following amendment to the Code of Ordinances of the City of Vicksburg, Mississippi is hereby made and enacted.

(Ord. No. 73-11, § 1, 6-18-73; Ord. No. 86-4, § 1, 1-27-86)

The Historic Vicksburg District shall have the following limits and boundaries:

Beginning at the intersection of the center line of First North Street with the center line of China Street and running thence west along the center line of China Street to a point which is 147.5 feet west of the west right-of-way of Farmer Street, run thence in a southerly direction along a line that is 147.5 feet east of and parallel to the east right-of-way line of Locust Street to a point which is 171 feet south of the south right-of-way line of South Street, run thence in a westerly direction along a line that is 171 feet south and parallel to the south right-of-way line of South Street to a point that is 200 feet east of the east right-of-way line of Cherry Street, run thence in a southerly direction along a line that is 200 feet east of and parallel to the east right-of-way line of Cherry Street to a point which is 260 feet south of the south right-of-way line of Harrison Street, run thence in a westerly direction along a line that is 260 feet south of and parallel to the south right-of-way lines of Harrison Street and Veto Street to a point which is 150 feet east of the east right-of-way line of Washington Street, run thence in southerly direction along a line that is 150 feet east of and parallel to the east right-of-way line of Washington Street to a point which is 150 feet south of the south right-of-way line of Speed Street, run thence in a westerly direction along a line that is 150 feet south of and parallel to the south right-of-way line of Speed Street to a point where said line intersects the live thalweg of Yazoo River Diversion Canal, run thence in a northerly direction along the live thalweg of the Yazoo River Diversion Canal to a point that intersects a westerly extension of the north boundary of that certain survey known as Vicksburg Proper as recorded in Book 69, pages 22 and 23 in the office of the Chancery Clerk of Warren County, Mississippi; thence running east along the extension and the said north boundary of the said Vicksburg Proper plat to the point where the said north boundary intersects the center line of the First North Street, thence south along the center line of First North Street to the point of beginning.

A map of this area entitled "Historic Vicksburg District" and bearing the date of the adoption of this ordinance shall be kept with the official zoning map and is hereby adopted as a part of this ordinance.

The Vicksburg, Mississippi, Zoning Map shall be marked to show the limits of the Historic Vicksburg District.

(Ord. No. 73-11, § 2, 6-18-73; Ord. No. 98-14, § 2, 9-21-98)

It is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of properties of cultural, architectural, archaeological or historical merit is a public necessity and is required in the interest of the health, prosperity, and welfare of the people. Therefore, pursuant to the Mississippi Local Government Historic Preservation Act of 1978 (Chapter 472, Laws of Mississippi, 1978), the purposes and objectives of this ordinance [article] include, but are not limited to, the following:

(A)

Promote and preserve the general welfare of the inhabitants of the City of Vicksburg through the realization of and encouragement of those purposes set forth in Section 17-1-9, Mississippi Code of 1972, Recompiled [Annotated], as amended;

(B)

Provide a mechanism to identify, protect, enhance and preserve the distinctive historic and architectural characteristics of Vicksburg which represent elements of the city's cultural, social, economic, political, and architectural history;

(C)

Foster civic pride in the beauty and noble accomplishments of the past through the recognition, preservation and restoration of Vicksburg's built environment;

(D)

Provide for the establishment of historic districts, landmarks and landmark sites through the exercise of the powers set forth in and in accordance with the provision of the Mississippi Local Government Historic Preservation Act of 1978;

(E)

Conserve and improve the value of properties designated as landmarks, landmark sites, or within historic districts;

(F)

Encourage new development in historic districts which is compatible with existing structures and which reflects and enhances the environment and quality of life of the community as a whole and in said designated areas;

(G)

Improve the environment of the urban area and the quality of life for the general welfare of all citizens of the City of Vicksburg;

(H)

Protect and enhance the attractiveness of the city to home buyers, tourists, visitors and shoppers, and thereby support and promote business, commerce, industry, and provide economic benefit to the city;

(I)

Foster and encourage preservation, restoration, and rehabilitation of structures, areas, and neighborhoods and thereby prevent future urban blight.

(Ord. No. 86-4, § 2, 1-27-86)

All land, buildings and other improvements located in a designated historic district or comprising a landmark or landmark site designated hereunder shall continue to be subject to all zoning and other ordinances of the City of Vicksburg, Mississippi, that would otherwise be applicable. In addition thereto, all land, buildings and other improvements located in a historic district or comprising a landmark or landmark site will be subject to this ordinance and any regulations promulgated pursuant hereto. If conflicts arise between this ordinance and regulations promulgated hereunder and other applicable ordinances or regulations promulgated thereunder, this ordinance and the regulations issued hereunder shall govern; provided, however, all use regulations or district regulations established by the zoning ordinance of the City of Vicksburg, Mississippi shall continue to control the land use and other factors set forth therein within a historic district except for setback requirements, percentage of lot coverage, lot width and required lot area, and nothing herein shall be construed as repealing or waiving any portion of existing zoning ordinances or use regulations of the City of Vicksburg, Mississippi.

(Ord. No. 86-4, § 3, 1-27-86)

The building official shall administer and enforce this ordinance [article]. He may be provided with the assistance of such other persons as the mayor and aldermen direct.

(Ord. No. 86-4, § 4, 1-27-86)

Unless specifically noted otherwise, the following definitions are standard throughout this ordinance [article]:

Adaptive use—The process of converting a building to a use other than that for which it was designed, i.e., changing a factory into housing. Such conversions are accomplished with varying alterations to the building.

Alteration—Any act or process that changes one or more of the exterior architectural features of a structure or features of a site including, but not limited to, the erection, construction, reconstruction, rehabilitation, or removal of any structure or any part thereof.

Board—Vicksburg Board of Architectural Review.

Certificate of appropriateness—A document issued by the board of architectural review allowing an applicant to proceed with a proposed alteration, demolition, removal or new construction in a historic district, or involving a landmark or landmark site, based upon a design review process and determination of the submitted proposal's suitability according to adopted criteria.

City—The City of Vicksburg, Mississippi.

Commission—The Vicksburg Historic Preservation Commission.

Construction—The act of adding an addition to an existing building, structure, or other improvement or the erection of a new principal or accessory building or structure on a lot or property.

Demolition—Any act or process that destroys in part or in whole any improvement.

Demolition by neglect—Neglect in maintenance of any building or structure which results in its deterioration.

Design guidelines—Adopted, written, standard of appropriate activity that will preserve the historic and architectural character of a resource or area.

Design review—The process of ascertaining whether modifications to historic resources, settings and districts meet standards of appropriateness established by the board of architectural review.

Exterior features—The architectural style, design, general arrangement and components of all or any of the outer surfaces of an improvement, as distinguished from the interior surfaces enclosed by said exterior surfaces, including, but not limited to, the kind, color and texture of the building material and the type and style of all windows, doors, lights, signs, and other fixtures appurtenant to such improvements. Any live tree larger than six (6) inches in diameter measured at ground level shall be considered an exterior feature.

Historic district—A geographically definable area designated as a historic district by ordinance of the mayor and aldermen of the City of Vicksburg pursuant to procedures prescribed herein, possessing a significant concentration, linkage or continuity of buildings, structures, sites, spaces or objects unified by past workmanship, sense of cohesiveness or related historic and aesthetic associations.

Historic resources—Historic resources consist of separate and aggregate buildings, districts, structures, sites and objects, and are defined below:

(1)

Building—A structure created to shelter any form of human activity, such as a house, barn, church, hotel, accessory building or similar structure. Building may refer to a historically related complex such as a courthouse or jail or a house and barn.

(2)

District—A geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of buildings, structures, sites, spaces, or objects united by past events or aesthetically by plan or physical development.

(3)

Structure—A work made up of interdependent and interrelated parts in a definite pattern of organization. Constructed by man, it is often an engineering project large in scale. Example: bridge, lighthouse, water tower.

(4)

Object—A material thing of functional, aesthetic, cultural, historic, or scientific value that may be, by nature or design, movable yet related to a specific setting or environment. Example: steamboat, cannonball, cannon, bench.

(5)

Site—The location of a significant event, a prehistoric or historic occupation or activity, or a building or a structure, whether standing, ruined or vanished, where the location itself maintains historical or archaeological value regardless of the value of the existing structure. Example: battlefield, Indian mound.

Improvement—Any building, structure, parking facility, fence, gate, wall, landscape feature, work of art or other object constituting a physical betterment of real property, or any part of such betterment.

Landmark—A property or structure designated as a landmark by ordinance of the mayor and aldermen of the City of Vicksburg, pursuant to procedures prescribed herein, that is worthy of rehabilitation, restoration, and preservation because of its historic and/or architectural significance to the City of Vicksburg, to the state, or to the nation.

Landmark site—An unimproved or improved parcel of ground designated as a landmark site by ordinance of the mayor and aldermen of the City of Vicksburg, pursuant to procedures prescribed herein, that is worthy of preservation and recognition because of its association with an event significant in the history of Vicksburg, the state or the nation, or a parcel or part thereof on which is situated a landmark, and any abutting parcel or part thereof used and constituting part of the premises on which the landmark is situated and which has been designated as a landmark site. A site that has yielded information important in prehistory or history through archaeological investigation.

Landmark sites differ from landmarks in that the physical location, not the building or structure, possesses primary significance. Although some of the criteria for landmark sites parallel the criteria for landmarks, landmark sites which are accompanied by buildings or structures which do not possess significance related to the site may appear eligible as landmarks but must be classified as landmark sites. For the purposes of this ordinance [article], therefore, landmark sites encompass prehistoric or historic sites on unimproved or improved parcels of land.

Mayor and aldermen—The mayor and aldermen of the City of Vicksburg, Mississippi.

Ordinary repairs or maintenance—Work done to prevent deterioration of a building or any part thereof by restoring the building as nearly as practical to its condition prior to its deterioration, decay or damage.

Owner—Any person or persons having such right to, title to or interest in any improvement so as to be legally entitled, upon obtaining the required permits and approvals from the city, to perform with respect to such property any construction, alteration, removal, demolition, or other work requiring the authorization or approval of the board of architectural review or the building official.

Preservation—The act or process of applying measures to sustain, in the existing form, the integrity and material of a building or structure, and the existing form and vegetative cover of a site; i.e., saving from demolition or deterioration buildings, sites, structures, and objects and providing for their continued use by means of restoration, rehabilitation or adaptive use.

Reconstruction—The act or process of reproducing by new construction the exact form and detail of a vanished building, structure or object, or a part thereof, as it appeared at a specific period of time.

Rehabilitation—The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical and architectural values.

Restoration—The act or process of accurately recovering the form and details of a property and its settings as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.

Structure—Anything constructed or erected, the use of which required permanent or temporary location on or in the ground, including, but without limiting the generality of the foregoing, buildings, fences, gazebos, advertising signs, billboards, walls, radio and television antennae, including supporting towers, swimming pools, patios, steps.

Style—A type of architecture distinguished by special characteristics of a structure and ornament and often related in time; also, a general quality of distinctive character.

(Ord. No. 86-4, § 5, 1-27-86)

[Established.] A historic preservation commission is hereby established to promote preservation and the development of historic resources of the City of Vicksburg and to advise the mayor and aldermen as to the designation of historic districts, landmarks, and landmark sites, as herein defined.

[Duties.] The commission shall be authorized to:

(A)

Conduct or cause to be conducted an ongoing survey to identify historically and architecturally significant properties, structures, and areas that exemplify the cultural, social, economic, political or architectural history of the nation, state or city, complying with all applicable standards and criteria of the statewide survey undertaken by the Mississippi Department of Archives and History;

(B)

To investigate and recommend to the mayor and aldermen the adoption of ordinances designating properties, sites or structures having special historic or architectural value as historic districts, landmarks, or landmark sites;

(C)

To develop a preservation component in the general plan of the City of Vicksburg and to recommend it to the planning commission and to the mayor and aldermen;

(D)

To keep a register of all properties, sites and structures that have been designated as landmarks, landmark sites, or within historic districts, including all information required for each designation;

(E)

To advise and assist owners of landmarks, landmark sites, and resources within historic districts on physical and financial aspects of preservation, renovation, restoration, rehabilitation and reuse, and on procedures for inclusion on the National Register of Historic Places;

(F)

To inform and educate the citizens of Vicksburg concerning the historic and architectural heritage of the city by publishing appropriate maps, newsletters, brochures and pamphlets, and by holding programs and seminars;

(G)

To review proposed zoning amendments, applications for special exceptions, or variances that affect proposed or designated landmarks, landmark sites, and resources within historic districts;

(H)

To call upon available city staff members as well as other experts for technical advice;

(I)

To testify before all boards and commissions, including the planning commission, on any matter affecting historically and/or architecturally significant resources;

(J)

To confer recognition upon the owners of landmarks or landmark sites, or resources within historic districts, by means of certificates, plaques or markers;

(K)

To periodically review the zoning ordinance of the City of Vicksburg and to recommend to the planning commission and the mayor and aldermen any amendments appropriate for the protection and continued use of landmarks, landmark sites, and resources within historic districts;

(L)

To promulgate and publish such standards and rules of procedure as are necessary to carry out the provisions of this ordinance [article];

(M)

To, solely in performance of its official duties and only at reasonable times, enter upon private land for examination or survey thereof. No member, employee or agent of the commission shall enter any private building or structure without the express consent of the owner of record or occupant thereof.

[Composition; terms.] Said commission shall consist of nine (9) residents of the City of Vicksburg to be appointed by the mayor and aldermen to serve without compensation and who shall have a demonstrated interest, competence, knowledge or expertise in historic preservation. To the extent available in the community, the mayor and aldermen shall appoint professional members from the primary historic preservation related disciplines of architecture, history, architectural history, or archaeology or from such secondary historic preservation related disciplines as urban planning, American studies, American civilization, cultural geography, cultural anthropology, interior design, law and related fields. The members of the historic preservation commission shall serve for terms of three (3) years; provided, that of those members first taking office, three (3) shall be appointed for one (1) year, three (3) for two (2) years, and three (3) for three (3) years. Members may serve for more than one (1) term. The historic preservation commission shall elect from its membership a chairperson and vice-chairperson. If approved in advance by the mayor and aldermen, said commission may employ such qualified staff personnel and counsel as it deems necessary. The commission shall appoint a secretary who may or may not be an employee of the City of Vicksburg.

[Chairperson; secretary.] The chairperson shall preside over meetings. In the absence of the chairperson, the vice-chairperson shall perform the duties of the chairperson. If both are absent, a temporary chairperson shall be elected by those present. The secretary shall have the following duties: take minutes of each preservation commission meeting; be responsible for distribution of copies of minutes, reports, and decisions of the preservation commission to the members of the preservation commission; give notice as provided herein or by law for all public hearings conducted by the preservation commission; advise the mayor and aldermen of vacancies on the preservation commission and expiring terms of members; and prepare and submit to the mayor and aldermen a complete record of the proceedings before the preservation commission on any matter requiring consideration of the mayor and aldermen.

[Quorum; meetings.] A quorum shall consist of a majority of the members of the commission. All decisions or actions of the preservation commission shall be made by a majority vote of those members present and voting at any meeting where a quorum exists. Meetings shall be held at regularly scheduled times to be established by resolution of the preservation commission at the beginning of each calendar year or at any time upon the call of the chairperson. No member of the preservation commission shall vote on any matter that may materially or apparently affect the property, income or business interest of that member.

[Public record; minutes.] All meetings of the preservation commission shall be open to the public. The preservation commission shall keep minutes of its proceedings, showing the vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the city clerk of the City of Vicksburg and shall be made a public record.

(Ord. No. 86-4, § 6, 1-27-86)

The mayor and aldermen are hereby authorized and empowered to make appropriations to the commission necessary for the expenses for the operation of the commission.

(Ord. No. 86-4, § 7, 1-27-86)

Nominations for historic districts shall be made to the preservation commission on a form prepared by it and may be submitted by the owner(s) of record of the nominated resource, the mayor and aldermen, a member of the preservation commission, or any other person(s) or organization. Nominations for landmarks and landmark sites shall be made in the same manner as historic districts but shall have the written consent of the owner(s) of record of the nominated landmark or landmark site.

(Ord. No. 86-4, § 8, 1-27-86)

The preservation commission shall, upon such investigation as it deems necessary, make a determination as to whether the quality of significance in American history, architecture, archaeology, and culture is present in the nominated historic district(s), landmark(s), or landmark site(s) and that they possess integrity of location, design, setting, materials, workmanship, feeling and association, and meet one or more of the following criteria:

(1)

It has character, interest or value as part of the development, heritage or cultural characteristics of the community, county, state or country; or

(2)

It is associated with an event or events that have made a significant contribution to the broad patterns of our history; or

(3)

It is identified with a person or persons who significantly contributed to the development of the community, county, state or country; or

(4)

It maintains distinguishing characteristics or is an architectural style valuable for the study of a period, type, method of construction, or use of indigenous materials; or

(5)

It is identified as the work of a master builder, designer, architect or landscape architect whose individual work has influenced the development of the community, county, state or country; or

(6)

It embodies elements of design, detailing, materials or craftsmanship that render it architecturally significant; or

(7)

It embodies design elements that make it structurally or architecturally innovative; or

(8)

It has a unique location or singular physical characteristics that make it an established or familiar visual feature; or

(9)

It has character as a particularly fine or unique example of a utilitarian structure, including, but not limited to, farmhouses, gas stations or other commercial structures, with a high level of integrity or architectural significance; or

(10)

It has yielded, or may be likely to yield, archaeological information.

(Ord. No. 86-4, § 9, 1-27-86)

(A)

The preservation commission shall, within one hundred eighty (180) days following receipt of a completed nomination in proper form, adopt by resolution a recommendation that the nominated landmark, landmark site or historic district does or does not meet the criteria for designation in Section 809 of this ordinance [article]. Such recommendation to the mayor and aldermen that the nominated landmark, landmark site or historic district meets the criteria for designation may only be made after the following requirements are met:

(1)

An investigation of the historical, architectural, archaeological and cultural significance of the buildings, structures, features, sites and surroundings of the proposed historic districts, landmarks and landmark sites has been made.

(2)

A public hearing has been held by the commission after public notice, specifying the boundaries of any proposed historic district(s) and the location of proposed landmark(s) and landmark site(s). Said notice shall be published once a week for at least three (3) consecutive weeks in a newspaper of general local circulation. The first publication shall be made not less than twenty-one (21) days prior to the date fixed for the public hearing and the last publication shall be made not more than seven (7) days prior to such date.

(3)

No historic district shall be designated until the Mississippi Department of Archives and History, acting through such agent or employee as may be designated by its director, shall have made an analysis of and recommendations concerning the proposed district boundaries. Failure of the department to submit its analysis and recommendations to the city within sixty (60) days after written request for such analysis has been mailed to it shall relieve the city of any responsibility for awaiting such analysis, and the city may at any time thereafter take any necessary action to adopt or amend its ordinance.

(B)

A recommendation that the nominated landmark, landmark site or historic district meets the criteria for designation shall be forwarded to the mayor and aldermen and to the nominating party. A recommendation that the nominated landmark, landmark site or historic district does not meet the criteria will be forwarded to the nominating party only. In either instance, the report will contain the following:

(1)

Explanation of the significance or lack of significance of the nominated landmark, landmark site or historic district as it relates to the criteria for designation;

(2)

Explanation of the integrity or lack of integrity of the nominated landmark, landmark site or historic district;

(3)

The relationship of the nominated landmark, landmark site or historic district to the ongoing effort of the preservation commission to identify and nominate all potential areas and resources that meet the criteria for designation.

(C)

The recommendations and report of the commission shall be sent to the mayor and aldermen and the nominating party within seven (7) days following the vote on the resolution and shall be available to the public in the office of the city clerk.

(Ord. No. 86-4, § 10, 1-27-86)

Within thirty (30) days after the public hearing held pursuant to Section 810 of this ordinance [article], the mayor and aldermen shall consider the recommendation of the commission and may adopt the recommendation with modifications wherein any modification shall be only to reduce the scope of the recommendation by the commission.

As soon as reasonably possible after official designation by ordinance of the mayor and aldermen of any or all landmarks, landmark sites or historic districts, the commission shall notify appropriate state and other agencies of the designation.

Appeals from such determination by the mayor and aldermen shall be in accordance with Section 821 of this ordinance [article].

(Ord. No. 86-4, § 11, 1-27-86)

(A)

Board of architectural review is hereby established. The board shall consist of nine (9) members to be appointed by the mayor and aldermen with due regard to representation in such fields as history, architecture, urban planning, archaeology, law and real estate.

(B)

The initial appointment shall be made within twenty (20) days of the effective date of this ordinance and shall be four (4) years for three (3) members; three (3) years for three (3) members; two (2) years for two (2) members; and one (1) year for the other member. The term of office shall be designated in the appointment of the original members. Thereafter, each member shall be appointed for a four-year term. Vacancies shall be filled by appointments for the unexpired term of the person creating the vacancy. Members shall serve without pay; and they may succeed themselves. The board shall elect from among its membership a chairperson and a vice-chairperson and may elect such other officers as it deems necessary, and if approved in advance by the mayor and aldermen, the board may employ such qualified staff personnel as it deems necessary. The board may appoint a secretary who may or may not be an employee of the city.

(Ord. No. 86-4, § 12, 1-27-86; Ord. No. 98-14, § 3, 9-21-98)

The board shall:

(A)

Review applications for certificates of appropriateness as required in Section 814 for any action affecting historic resources in historic districts, landmarks or landmark sites when subject to public view from any public building, public street or way, or from any building or grounds open to the public to include:

(1)

All exterior features of new construction; and

(2)

All exterior features of construction, alteration, restoration, moving, demolition, or repair of existing building or improvements involving or resulting in a change in the existing structural composition or architectural design or character of such building or improvement; and

(3)

All proposed changes to existing plot plans, site layout, off-street parking areas and other features such as walls, walks, terraces, fences, signs and lights.

(B)

Grant or deny applications for certificates of appropriateness.

(C)

Consider the following factors when considering applications for certificates of appropriateness:

(1)

The general exterior design and appearance of the building, structure or site as proposed to be changed, including height, mass, texture, materials, colors and layout; and

(2)

The general appearance of the land, building or improvement proposed to be altered; and

(3)

The structural condition of existing building or improvement; and

(4)

The size of existing land parcels, buildings, or improvements and proposed alterations; and

(5)

The historical significance of existing land, building or improvement; and

(6)

The economic use of existing land, building or improvement; and

(7)

The relative cost of the proposed project and alternatives, and the owner's legitimate right to earn a reasonable return from his investment in the project; and

(8)

That every reasonable effort has been made to provide a compatible use for a property that requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose; and

(9)

The distinguishing original qualities or characteristics of a building, structure, or site and its environment; and

(10)

Alterations that have no historical basis and which seek to create an earlier appearance; and

(11)

Changes that may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment, and may have acquired significance in their own right; and

(12)

Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure or site; and

(13)

The relationship of the aforedescribed factors to, and their effect upon, the immediate surroundings of the landmark, landmark site or historic district.

In making its evaluation, the board shall seek to accomplish the purposes of this ordinance [article], and in particular, to preserve and protect the architectural and historical integrity and character of landmarks, landmark sites or historic districts.

(Ord. No. 86-4, § 13, 1-27-86)

A certificate of appropriateness is required from the board of architectural review for:

(1)

Any construction;

(2)

Any alteration;

(3)

Any demolition;

(4)

Any change of grade;

(5)

Any addition;

(6)

Repair and maintenance that involves change in design, material or other appearance thereof;

(7)

Moving of any building or structure;

(8)

The cutting of any live tree six (6) inches or more in diameter measured at ground level.

Any action for which a certificate of appropriateness is required shall be performed in conformance with standards and guidelines as adopted by the preservation commission.

(Ord. No. 86-4, § 14, 1-27-86)

(A)

Anyone desiring to take action requiring a certificate of appropriateness concerning a landmark, landmark site or resource within a historic district shall be required to submit an application for a certificate of appropriateness to the building official. After receipt of such application, the building official shall review the application to ensure that it is in proper form and complete, and make a determination of whether it is requesting an action that will require a certificate of appropriateness from the board of architectural review. If the requested action does require a certificate of appropriateness from the board, the building official shall immediately forward it and all enclosures to the chairperson of the board. Thereafter, such application shall be reviewed in accordance with the following procedures:

(1)

The chairperson, or some other board member designated by the chairperson, shall examine each application to determine whether or not it is complete and may request such additional information as may be required by the board. If the application is complete, it will be given a number and placed on the list of requests kept by the board; and the chairperson shall notify the applicant of any deficiencies so that the applicant can supply the missing data.

(2)

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

(3)

The board shall meet on the third Tuesday of every month and at such other times as the board may determine or upon call by the chairperson. A quorum shall be four (4) or more members. A time for regular meetings shall be fixed by the board.

(4)

The board shall make such recommendations for changes and modifications as it may deem necessary in order to enable the applicant to meet the requirements of the board.

(5)

In those cases in which the board of architectural review shall grant a certificate of appropriateness, the chairperson of the board shall return the application to the building official by means of a signed certificate of appropriateness. Only after receipt of the said certificate can the building official issue a building permit affecting a resource in a historic district, landmark or landmark site.

(6)

Whether a building permit or other authorization is required or not, the building official or his authorized representative shall then inspect the work in progress to ensure compliance with the plans, specifications and other conditions upon which the certificate of appropriateness was issued.

(7)

The issuance of a certificate of appropriateness shall not relieve an applicant from obtaining a building permit, special use permit, variance or other authorization, or from compliance with any other requirement or provision of the laws of the city concerning zoning, construction, repair or demolition, unless such is in conflict with this section or action taken hereunder. If so, the section or action hereunder shall control.

(B)

If the building official determines, after review of an application for a certificate of appropriateness, that the applicant is desiring to take the following actions, whether or not a building permit or other authorization from the building official is required, the applicant shall apply to the building official for a certificate of appropriateness. The building official is hereby authorized and empowered to grant a certificate of appropriateness for the following actions without board review. However, on a case by case basis, the building official may request board review. Whether or not a building permit is required, the building official shall inspect the work in progress to assure that it is in conformance with the certificate of appropriateness.

(1)

Change in color shall be approved by the building official utilizing color charts approved by the board. Color charts shall be available at the office of the building official.

(2)

Minor routine repair and maintenance that does not involve a change in design, material or other appearance thereof, where such routine repair and maintenance is undertaken with identical materials and in such a manner as to exactly duplicate the existing construction. For example, routine repair and maintenance of siding, roofing, steps, windows, doors, chimneys and porch decking with identical material exactly as existing. Replacement in total of the feature(s) previously mentioned would require a certificate of appropriateness issued by the board.

(Ord. No. 86-4, § 15, 1-27-86)

Denial of a certificate of appropriateness shall be accompanied by a statement of the reasons for the denial. The board shall make recommendations to the applicant concerning changes, if any, in the proposed action that would cause the board of reconsider its denial and shall confer with the applicant and attempt to resolve as quickly as possible the difference between the applicant and the board. The applicant may resubmit an amended application or reapply for a building or demolition permit that takes into consideration the recommendations of the board.

(Ord. No. 86-4, § 16, 1-27-86)

Nothing in this ordinance [article] shall be construed to prevent the ordinary maintenance or repair of any exterior feature in a historic district or of a landmark or landmark site which does not involve a change in design, material, color or other appearance thereof.

(Ord. No. 86-4, § 17, 1-27-86)

None of the provisions of this ordinance [article] shall be construed to prevent any measure of construction, alteration or demolition necessary to correct or abate the unsafe or dangerous condition of any resource, other feature or part thereof, where such condition has been declared unsafe or dangerous by the building official and where the proposed measures have been declared necessary, by the building official and approved by the board's architect, to correct the said condition; provided, however, that only such work as is reasonably necessary to correct the unsafe or dangerous condition may be performed pursuant to this section. In the event any structure or other feature shall be damaged by fire or other calamity, or by act of nature, to such an extent that in the opinion of the aforesaid authorities it cannot reasonably be repaired and restored, it may be removed in conformity with normal permit procedures and applicable laws.

(Ord. No. 86-4, § 18, 1-27-86)

(A)

The purpose of this demolition section is to further the purposes of this ordinance [article] by preserving historically and/or architecturally significant resources which are important to the education, culture, traditions and economic values of the city and which buildings and structures are important to the accomplishment of the purposes of this ordinance [article], and to afford the city, interested persons and organizations the opportunity to arrange for the preservation of said resources.

(B)

When a demolition permit is required for any site or structure within the City of Vicksburg, the building official will consult the Vicksburg Historic Cultural Resource Survey to determine the resources color code. The Vicksburg color coding system is defined as follows:

(1)

Black: denotes a building, structure or site that is listed on the National Register or Historic Places or is a landmark or landmark site.

(2)

Red: denotes a building, structure or site that is individually eligible for listing on the National Register and therefore conforms to the criteria set out by the [United States] Secretary of the Interior.

(3)

Green: denotes a historic building or structure (fifty (50) years old or older) that is a contributing part of a district. A contributing historic structure or building is one that contributes to a district's historic significance through location, design, setting, materials, workmanship, feeling and association. Further, the loss of the structure would hurt the integrity of the streetscape.

(4)

Yellow: denotes a historic building or structure which has lost much of its integrity because of insensitive additions or deletions.

(5)

Brown: denotes a nonhistoric building or structure (less than fifty (50) years old) which contributes to the streetscape because its texture, scale and material is compatible with that of the historic character of the area.

(6)

Blue: denotes an intrusion which is nonhistoric. A building or structure that architecturally lacks merit because it is out of scale, or its material or texture is not compatible.

(7)

No color: denotes a structure, building or site that has not yet been surveyed.

(C)

If the resource is coded black, red, green, yellow or brown, the building official shall refuse to approve the demolition thereof and require the applicant to apply to the board for a certificate of appropriateness for demolition. If the structure is coded blue, the building official may issue a demolition permit. If such structure is coded blue and located in a historic district, the building official shall notify the review board of the issuance of the permit.

(D)

If the structure, building or site is located within a designated historic district and has not previously been assessed and identified as one of the above categories, the request for demolition shall be forwarded to the preservation commission for assessment and the applicant advised of the assessment of the significance of the structure, building or site, and such assessment shall be forwarded to the building official who will be guided by the above procedures. Such assessment shall be undertaken by the preservation commission, or by other person or persons designated by the commission, within a reasonable period of time.

(E)

Upon receipt of the request for a certificate of appropriateness for demolition of a resource coded black, red, green, yellow or brown, the board shall advise the applicant in writing of the significance of the resource and shall advise the applicant that the board shall stay his request for demolition for a period of time as set forth below for the purpose of consultation with the applicant to effect the sale or rental of the property to a purchaser or lessee willing to retain and rehabilitate the resource as necessary, consultation with the local preservation groups and any other interested parties, dissemination of information concerning the endangered resource, and recommendations for public acquisition of the building.

(F)

The term of the stay of demolition for a resource coded black or red shall be one hundred eighty (180) days, for a green or yellow shall be one hundred fifty (150) days, for a brown shall be ninety (90) days, within which time to find an economically feasible means of saving the resource from demolition and permitting the landowner to earn a reasonable return. Upon expiration of the stay of demolition, the board shall determine, based upon the significance of the resource, whether or not an additional stay of demolition may be necessary to effect economically feasible means of saving the resource from demolition. The board shall notify in writing the building official and the owner of its decision to grant the certificate of appropriateness for demolition or to extend the stay of demolition. Once a certificate of appropriateness for demolition is granted, the owner shall apply for a demolition permit from the building official.

(G)

Notification procedure; demolition of a resource. Within fifteen (15) days of the application for a certificate of appropriateness for demolition of a resource, the following notification procedures shall be followed:

(1)

Notice shall be posted by the building official on the premises of the resource proposed for demolition. The notice shall be large enough and in a location so as to be clearly visible and readable from the street.

(2)

Notice of proposed demolition giving the description of the premises, name and address of the property owner, the date of expiration of the stay of demolition will be published in a newspaper of general local circulation not less than four (4) times prior to the expiration of the stay period. The first notice shall be published within the aforesaid fifteen-day period; and the last notice will be published not less than thirty (30) days prior to the expiration of the stay period.

(Ord. No. 86-4, § 19, 1-27-86)

(A)

Any landmark, landmark site and all resources within a historic district shall be preserved by the owner, or such other person or persons who may have the legal custody or control thereof, against decay and deterioration and free from unreasonable structural defects. The owner, or other person having legal custody and control thereof, shall repair such building or structure if it is found by the building official to have one (1) or more of the following defects:

(1)

The deterioration of a building, structure or site to the extent that it creates or permits a hazardous or unsafe condition as determined by the building official.

(2)

The deterioration, as determined by the building official, of a building characterized by one of the following:

(a)

Elements of a building or structure which are not attached in an appropriate and safe manner and which may fall and injure persons or property; or

(b)

Deteriorated or inadequate foundation; or

(c)

Defective or deteriorated floor supports insufficient to carry imposed loads with safety; or

(d)

Members of walls or other vertical supports that split, lean, list or bulge; or

(e)

Members of ceilings, roofs or other horizontal members which sag, split or bulge; or

(f)

Fireplaces or chimneys that list, bulge or settle; or

(g)

Any fault, defect, or condition in the building or structure which renders the same structurally unsafe or not property watertight.

(B)

In the event that the historic preservation officer or building official determines that a landmark, landmark site or resource within a historic district is being demolished by neglect, the building official shall notify the record owner or owners of the buildings or structures of this preliminary finding, stating the reason therefore, and shall cause to be served upon the owner or owners of such premises a complaint, stating the charges in that respect and containing a notice that a hearing will be held before the building official, or his designated agent at a place therein fixed not less than ten (10) days nor more than thirty (30) days after the serving of said complaint. The owner or owners shall be given the right to file an answer to the complaint and appear in person, or otherwise, and give testimony at the place and time fixed in the complaint. At such meetings, the building official shall present the reason for the notice and the record owner shall have the right to present any rebuttal thereto. If, after the hearing, the complaint is not resolved, the building official shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order requiring him, to the extent and within the time specified in the order, to repair, alter or improve the said building. Within fifteen (15) days of the receipt of the order, the owner shall apply for a certificate of appropriateness to undertake the work proposed. Upon receipt of the certificate of appropriateness, the owner shall apply to the building official for the appropriate permit(s) and shall undertake to begin the work within thirty (30) calendar days and complete the required repair or demolition within one hundred eighty (180) calendar days of the date of the issuance of the permit by the building official. Should the owner fail to begin the required work to correct the situation within the required period of time, the building official shall request the mayor and aldermen to exercise such legal authority as is necessary to bring the property into compliance, which may include bringing charges against the record owner for violation of this ordinance [article], and may cause such property to be repaired at his expense and the cost there of shall constitute a lien against the property. If the property is to be repaired, the building official must have the concurrence of the department of archives and history as required by Miss. Code Ann., 1972 Section 39-13-15. A lien against the property for the cost of repairs, is to be handled in the same manner as delinquent tax sales. The building official shall first obtain a certificate of appropriateness from the board of architectural review (BOAR) before making the required repairs to the building.

(C)

Service of complaints. Complaints or orders issued by the building official pursuant to this ordinance shall be served upon persons either personally or by registered mail; but if the whereabouts of such persons is unknown, and the same cannot be ascertained by the building official in the exercise of reasonable diligence, and the building official shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two (2) successive weeks in a newspaper printed and published in the municipality; or in the absence of such a newspaper, in one (1) printed and published in the county and circulating in the municipality in which the dwellings are located. A copy of such complaint or order shall be posted in a conspicuous place on [the] premises affected by the complaint or order. A copy of such complaint or order shall also be filed in the proper office or offices for the filing of lis pendens notices in the county in which the dwelling is located, and such filing of the complaint shall have the same force and effect as other lis pendens notices provided by law. The rules and evidence prevailing in courts of law or equity shall not be controlling in hearings before the building official.

(Ord. No. 86-4, § 20, 1-27-86; Ord. No. 2006-22, §§ 1, 2, 10-25-06)

(A)

It is the intent of this ordinance [article] that all questions of interpretation and enforcement shall first be presented to the building official and that such questions shall be presented to the commission or review board only on appeal from the decision of the building official, and that recourse from the decisions of the commission or the review board may be made to the mayor and aldermen of the City of Vicksburg.

(B)

Any person may appeal a ruling of the commission or of the review board. Such appeal shall be made within ten (10) days of the date of such ruling to the mayor and aldermen by filing with the city clerk a notice of appeal, specifying the grounds of the appeal. The chairperson of the commission or the review board shall forward to the mayor and aldermen all papers constituting the record upon which the action appealed from was taken. The final disposition of any such appeal shall be in the form of a decision expressed in a resolution reversing, modifying or affirming, wholly or in part, the commission's or review board's decision or determination. Any person aggrieved at the findings of the mayor and aldermen shall have the right to appeal from the findings of the mayor and alderman in the form and manner and as required by the laws of Mississippi. All costs of the appeal will be paid by the appellant if the decision of the mayor and aldermen is affirmed.

(Ord. No. 86-4, § 21, 1-27-86)

A fee of ten dollars ($10.00) shall accompany the filing of any application for a certificate of appropriateness with the exception of demolition and those actions cited in Section 815, paragraph (B). A fee of fifty dollars ($50.00) shall accompany the filing of any application for a certificate of appropriateness for demolition. There shall not be a fee required to file an application for a certificate of appropriateness to undertake those actions cited in Section 815, paragraph (B). No application for which a fee is required shall be accepted as complete by the building official until such fee is received.

(Ord. No. 86-4, § 22, 1-27-86)

Whenever a violation of this ordinance [article] occurs, or is alleged to have occurred, any person may file a written complaint. Such complaints, stating fully the causes and basis thereof, shall be filed with the building official. The building official shall properly record such complaint, immediately investigate and take action thereof as provided by this ordinance [article].

(Ord. No. 86-4, § 23, 1-27-86)

(A)

Because the city may possess few residents with experience in the individual fields of history, architecture, archaeology, urban planning, law or real estate, and in order not to impair board members and commission members from practicing their trade for hire, board members and members of the commission are allowed to contract their services to an applicant for a certificate of appropriateness, and when doing so, must disqualify themselves from the commission or board for that application. In such cases, the city shall, upon the request of the chairperson of the commission or board, appoint a substitute member who is qualified in the same field as the disqualified member, and who will serve for that particular case only.

(B)

If no qualified resident of the City of Vicksburg is able to substitute for the disqualified member, the city may appoint, in this case only, a qualified substitute who is a resident of Mississippi but not a resident of Vicksburg.

(C)

If any member of the board or commission must be disqualified due to a conflict of interest more than four (4) times in one year, the chairperson, or the vice-chairperson in his stead, shall encourage the member to resign his commission seat or board seat. Failing this resignation, and if the member continues to enter into conflicts of interest with the commission or board, the chairperson of the commission or board shall encourage the city to replace the member.

(D)

Likewise, any member of the board or commission who has an interest in the property in question or in property within three hundred (300) feet of the site in question, or who is employed with a firm that has been hired to aid the applicant in any matter whatsoever, or who has any proprietary, tenancy or personal interest in any case to be considered by the board or by the commission shall be disqualified from participating in the consideration of any request for a permit. In such cases, a qualified substitute shall be appointed as provided above.

(Ord. No. 86-4, § 24, 1-27-86)

(A)

Violation by any person of any provision of this ordinance [article], or failure to comply with any of its requirements, or violation by any person of the terms and conditions of a duly issued certificate of appropriateness, after having been duly notified by the building official following a determination of the type, nature and extent of the violation, shall, upon conviction thereof, constitute a misdemeanor and subject such person, upon conviction thereof, to a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00), and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Any property or part thereof which is the subject of a violation hereof, and any architect, builder, contractor, agent or other person who knowingly varies from an approved set of plans without the approval of the building official or the board or architectural review, shall upon conviction be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy [any violation] hereof by injunction or other appropriate equitable relief.

(B)

Whenever a building official or his authorized representative shall find a violation of this ordinance [article] where work is in progress, then the building official or his authorized representative shall immediately cause all work to cease at the premises where the violation occurs. When this action is taken, a notice of the action shall be posted on the premises. The notice shall state the action taken and the reason therefore. It shall be unlawful and a violation of this ordinance [article] for the notice to be removed or for any work whatsoever to resume or continue until after the violation of this ordinance [article] has been corrected. If work is not in progress, the building official shall post such notice and no work may begin, resume or continue following the posting of the notice.

(C)

If such violation continues for more than five (5) consecutive days, then the violator may be sentenced to a term of imprisonment not to exceed the maximum allowed for municipal court in addition to any fine that shall be imposed.

(Ord. No. 86-4, § 25, 1-27-86)

If, for any reason, one or more sections, headings, clauses or parts of this ordinance [article] are held invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this ordinance [article], but shall be confined to the specified sections, headings, clauses or parts of the ordinance [article] held invalid, and the invalidity or any section, heading, clause or part of this ordinance [article] in any one or more instances shall not affect or prejudice in any way the validity of this ordinance [article] in any other instance.

(Ord. No. 86-4, § 26, 1-27-86)

The following sections of the Code of Ordinances of the City of Vicksburg, Mississippi, inconsistent herewith are hereby repealed: Specifically Sections 800, and 802 through 811. All outstanding certificates of appropriateness are readopted and are not repealed. None of the disapprovals by the review board shall be construed to be repealed by the enactment of this ordinance, however, and none of the conditions that have been considered by the said review board shall become nonconforming uses by the enactment of this ordinance and the repeal of the earlier one. The historic zone as originally described in Section 801 of the Code of Ordinances of the City of Vicksburg, Mississippi, shall not be repealed by this ordinance.

(Ord. No. 86-4, § 27, 1-27-86)

Pursuant to the provisions of the foregoing sections, the mayor and aldermen hereby officially designate as landmarks the following properties located within the city:

Annabell, 501 Speed Street.

Anchua, 1010 First East Street.

Balfour House, 1002 Crawford Street.

Bazsinsky House, 1022 Monroe Street.

The Beck House, 1101 South Street.

Belle Fleur, 1123 South Street.

Bethel AME Church, 805 Monroe Street.

Biedenharm Candy Company, 1107 Washington Street.

Buelow Home, 508 Klein Street.

Cameron Place, (Magruder-Morrissey House), 1117 Cherry Street.

Captain Kain House, 2530 Oak Street.

Catherine's Palace, 1501 Martin Luther King Jr. Blvd.

Christ Episcopal Church, 1119 Main Street.

Christ Episcopal Church Rectory, 1115 Main Street.

Davis-Mitchell, 901 Crawford Street.

Harding-Johnston, 1402 Chambers.

John Lane Home, 905 Crawford Street.

Johnston Home, 1333 Chambers Street.

Lakemont, 1103 Main Street.

The Lawrence House, 2300 Drummond Street.

Luckett Compound, 1116, 1118, 1120, 1122 Crawford Street.

Magnolias, 1617 Monroe Street.

Martha Vick, 1300 Grove Street.

McNutt House, 815 First East Street.

Olivia House, 1717 Cherry Street.

Plain Gables, 805 Locust Street.

Planters Hall, 822 Main Street.

Property at 1818 Cherry Street.

Shlenker House at 2212 Cherry Street.

The Corners, 601 Klein Street.

The Galleries, 2421 Marshall Street.

The Vicksburg, 801 Clay Street.

Young-Bradfield, 913 Crawford Street.

(Ord. No. 89-3, § 1, 3-20-89; Ord. No. 91-11, § 1, 6-25-91; Ord. No. 91-18, § 1, 12-10-91; Ord. No. 2000-14, 12-18-00; Ord. No. 2007-09, § 1, 7-25-07; Ord. No. 2007-14, § 1, 8-24-07; Ord. No. 2007-15, § 1, 9-4-07; Ord. No. 2010-01, § 1, 1-19-10; Ord. No. 2024-07, § 1, 9-16-24)

Editor's note— Ordinance No. 91-11, § 1, adopted June 25, 1991 amended the Code by adding a new section 829. Similarly, Ordinance No. 91-18, § 1, adopted Dec. 10, 1991, amended the Code by adding a new section 830. Such provisions were codified as part of section 828 at the discretion of the editor, to avoid duplication of sections.