Any person, firm, or corporation violating any of the provisions
of this article shall be deemed guilty of a misdemeanor and upon conviction
be subject to a fine in accordance with the general provisions of
the Code of Ordinances.
(1998 Code, sec. 32.999)
(a)
A
historic and cultural preservation commission shall be created, composed
of three members, to be appointed by the town council. All members
shall have a demonstrated interest, competence, or knowledge in the
historic traditions of the town and a commitment to the preservation
thereof. The town shall endeavor, to the extent possible, to appoint
persons to serve on the commission from the following categories:
(b)
Commissioners
shall serve for terms of two years each, their terms to be staggered.
Initial terms shall be one one-year term and two two-year terms.
(c)
The
commission shall include a member of the town planning and zoning
commission as an ex officio member, as well as the planning director
for the town.
(d)
The
commission shall be authorized to do the following:
(1)
Adopt rules and procedures.
(2)
Adopt identification criteria and rules for preservation sites and
areas.
(3)
Conduct and administer historic resource surveys.
(4)
Recommend designation of landmarks.
(5)
Establish committees as needed.
(6)
Develop public outreach and awareness programs.
(7)
Approve/disapprove certificates of appropriateness.
(8)
Provide design and other reasonable forms of advice to owners and
tenants of historic properties in the certificate of appropriateness
review process.
(9)
Recommend the acquisition of endangered resources to the town council
when necessary.
(10)
Recommend the acceptance/denial of donations and preservation easements.
(11)
Propose tax and/or other financial incentives to encourage preservation
of historic and cultural resources.
(12)
Prepare and promote design guidelines for landmarks.
(1998 Code, sec. 32.085)
The council shall appoint a qualified staff person or appropriate
resident of the municipality to serve as the historic preservation
officer. Said officer shall administer this article and advise the
commission on matters submitted to it. In addition to serving as the
commission’s representative, the officer is responsible for
coordinating the commission’s and town’s activities with
those of state and federal agencies and nonprofit organizations.
(1998 Code, sec. 32.086)
(a)
The
town council is hereby authorized to designate sites, buildings, structures,
landscapes, geographic features, and objects as landmarks.
(b)
Property
owners of proposed landmarks shall be notified prior to the commission
hearing on the recommended designation. At the commission’s
public hearing on the matter, interested parties and technical experts
may present testimony or documentary evidence that will become part
of a record regarding the historic, architectural, or cultural importance
of the proposed landmark.
(c)
Upon recommendation of the commission, the proposed landmark shall be submitted to the planning and zoning commission within 30 days from date of submittal of the designation request. The planning and zoning commission shall give notice and conduct its hearing within 45 days of receipt of such recommendation from the commission. Such hearing shall be in the same manner and according to the same procedures as specifically provided in the town’s general zoning ordinance (see article 14.02). The commission shall make its recommendation to the town council within 45 days subsequent to its hearing on the proposed designation.
(d)
The town council shall schedule a hearing on the commission’s recommendation to be held within 45 days of receipt of the recommendation of the planning and zoning commission. The council shall give notice, follow the publication procedure, hold its hearing, and make its determination in the same manner as provided in the general zoning ordinance of the town (see article 14.02).
(1998 Code, sec. 32.087)
A landmark may be designated if it:
(1)
Possesses
significance in history, architecture, archaeology, geography, paleontology,
and/or culture.
(2)
Is
associated with events that have made a significant contribution to
the broad patterns of local, regional, state, or national history.
(3)
Is
associated with the lives of persons significant in the town’s
past.
(4)
Embodies
the distinctive characteristics of a type, period, or method of construction.
(5)
Represents
the work of a master designer, builder, or craftsman.
(6)
Represents
an established and familiar visual feature of the town.
(7)
Has
architectural value.
(8)
Features
very rare or unusual flora or fauna, and/or represents unique geographic
forms.
(1998 Code, sec. 32.088)
(a)
No
person shall carry out any construction, reconstruction, restoration,
rehabilitation, removal, or relocation of any designated landmark,
nor shall any person make any material change in the light fixtures,
signs, sidewalks, fences, steps, paving, or any other exterior elements
visible from a public right-of-way or easement that affect the appearance
and cohesiveness of any landmark, without first obtaining a certificate
of appropriateness (CA) in accordance with this article.
(b)
Prior
to commencement of any work, the owner of a property shall file an
application for a CA with the town’s planning director. The
application must contain the following:
(1)
Name, address, and telephone number of the applicant, and the address
of affected property if different.
(2)
Detailed description of the proposed work.
(3)
Current photographs of the property (and historic photos if available).
(4)
Drawings of changes or new construction, and samples of materials,
when appropriate.
(5)
Other information deemed necessary by town staff for clarification
of the project and its impact.
(c)
In
considering applications for certificates of appropriateness, the
commission shall follow the United States Secretary of the Interior’s
Standards for the Rehabilitation of Historic Buildings. The commission
shall further consider the following:
(1)
Every reasonable effort shall be made to adapt the property in a
manner that requires minimal alteration of the landmark and its environment.
(2)
The distinguishing original qualities or characters of a landmark
and its environment, as well as distinctive stylistic features, should
not be destroyed. The removal or alteration of any historic material
or distinctive features should be avoided.
(3)
All landmarks shall be recognized as products of their own times,
and, as such, alterations that have no historical basis shall be discouraged.
(4)
Deteriorated architectural features should be repaired rather than
replaced. If replacement is unavoidable, the new material should reflect
the material being replaced in composition, design, color, texture,
and other visual qualities. Repair and replacement of missing features
should be based on as accurate a duplication as is possible based
on the historic record and known comparable construction.
(5)
Every reasonable effort shall be made to protect and preserve archaeological
resources affected by, or adjacent to, any project.
(d)
The
commission shall conduct a duly noticed public hearing, and subsequently
approve, deny, or approve with conditions all CA requests within 30
days of receipt of completed applications, determining whether the
proposed work is consistent with the regulations contained in this
article and all other applicable ordinances.
(e)
All
decisions of the commission shall be in writing, and shall include
reasons for denial or modification, if applicable.
(f)
If
an applicant is dissatisfied or otherwise disagrees with the decision
of the commission, the applicant may appeal the decision to the town
council, in writing, within 30 days.
(1998 Code, sec. 32.089)
Nothing in this article shall be construed to prevent the ordinary
maintenance and/or repair of any feature of a landmark. Such ordinary
maintenance and repair shall be defined as any work that does not
involve a change in design, material, color, or outward appearance,
and includes in-kind replacement or repair. The town’s planning
director shall be responsible for defining “ordinary maintenance”
on a case-by-case basis.
(1998 Code, sec. 32.090)
A demolition permit for a landmark structure shall not be issued
until review and issuance of a completed certificate of appropriateness
application by the commission. The following information must be supplied
by the applicant prior to an application being considered complete:
description of condition of the landmark, estimated cost of restoration
or repair, demonstration that adaptive reuse or restoration of the
landmark has been seriously evaluated, available historic records
of the landmark, architectural drawings for any new proposed construction
that is intended to replace the landmark, any conditions that are
proposed to be voluntarily placed on new construction/development
that would mitigate the loss of the landmark, and any other information
upon which the town staff finds it appropriate for the commission
to render a decision on the application.
(1998 Code, sec. 32.091)
(a)
An
applicant whose demolition CA is denied by the commission may apply
for hardship relief. The application must prove that the property
is incapable of earning a reasonable return on the owner’s investment,
the property cannot be adapted for another use that can earn a reasonable
return, and efforts to find a purchaser interested in acquiring the
property and preserving it have failed.
(b)
The
commission shall conduct a public hearing, and subsequently approve
or deny all applications for hardship relief within 30 days of receipt
of completed requests.
(c)
All
decisions of the commission shall be in writing, and shall include
reasons for denial, if applicable.
(d)
If
an applicant is dissatisfied or otherwise disagrees with the decision
of the commission, said applicant may appeal the decision to the town
council, in writing, within 30 days.
(1998 Code, sec. 32.092)
No owner or person with an interest in real property designated
a landmark shall permit the property to fall into a serious state
of disrepair so as to result in the deterioration of any exterior
feature that would, in the judgment of the commission, produce a detrimental
effect upon the character of the property or the life and character
of the landmark itself.
(1998 Code, sec. 32.093)
All work performed pursuant to a certificate of appropriateness
issued under this article shall conform to any and all requirements
contained herein. It shall be the duty of the planning director to
periodically inspect, or cause to be inspected, any such work to ensure
compliance. If failure to comply is found to occur, a stop-work order
shall be issued and held in effect until compliance is attained.
(1998 Code, sec. 32.094)
