Duration of historical or educational municipality--Active operation--Maintenance of property--Loss of designation.

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9-3-28. Duration of historical or educational municipality--Active operation--Maintenance of property--Loss of designation.

A municipality incorporated pursuant to §9-3-22 shall exist so long as the corporation maintains all lands, buildings, fences, fixtures, billboards, signs, and other improvements in good condition and repair, and is actively operating for the purposes for which it is incorporated, or until the corporation is dissolved in accordance with law. The municipality shall possess and maintain its historical or educational integrity of design, materials, and workmanship of the sites, buildings, structures, and objects that are located within the platted municipal corporation, including advertising and promotional signs. The municipality shall lose its historical or educational municipality designation if more than one-fourth of such properties possess any of the following conditions:

(1)Loss or disintegration of the roof or roofing materials;

(2)Loss of windows;

(3)Deterioration or missing siding material;

(4)Unstable foundations;

(5)Leaning severely from plumb; and

(6)Billboards or signs identifying, promoting, or advertising the municipality no longer conform to the requirements of chapter 31-29.

However, for the purposes of subdivision (6), the twelve continuous months required for determining a sign is abandoned does not apply.

Source: SL 2001, ch 41, §1.


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