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)
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 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.
(8) Features
very rare or unusual flora or fauna, and/or represents unique geographic
forms.
(1998 Code, sec. 32.088)
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)
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)