§ 32-7-302. PRELIMINARY COUNTY LANDMARKS LIST.

(a)

Authorized. The Commission may adopt a preliminary county landmarks list.

(b)

Findings. Before any structure may be placed on the preliminary county landmarks list, the Commission must specifically find that the structure qualifies by contributing substantially to the architectural, or historical heritage of the county, state, or nation because of any one or more of the following:

(1)

It is associated with a personality, group, event, or series of events of historical importance;

(2)

It is a distinctive example of a particular architectural style or period;

(3)

It is a good example of the work of a noted architect or master builder;

(4)

It is a work of notable artistic merit; or

(5)

It has yielded and may be likely to yield information or materials important in prehistory or history.

(c)

Notice and hearing.

(1)

The Commission shall conduct public hearings to determine if a structure may qualify to be included on the preliminary county landmarks list.

(2)

(i)

For each structure or group of structures selected for consideration, a sign shall be conspicuously posted by the Commission giving notice of the public hearing on whether a structure should be included on the preliminary county landmarks list.

(ii)

The public hearing shall be held no sooner than 45 days nor later than 60 days after the sign is posted.

(3)

The Commission:

(i)

Shall send notice of the hearing, by first-class mail, to the owner of each structure; and

(ii)

May provide additional forms of notice in accordance with its rules.

(d)

Effect of selection for hearing. During the time period between the public notice required in subsection (c) of this section and the decision of the commission, the exterior of any structure proposed for inclusion on the preliminary county landmarks list may not be renovated, reconstructed, altered, or demolished.

(e)

Commission action.

(1)

The Commission shall act within 30 days after the public hearing or any continuation of the public hearing.

(2)

The Commission shall submit the approved preliminary county landmarks list to the County Executive for review before introduction in the County Council for adoption as a final county landmarks list.

(3)

The County Executive's review period may not exceed 30 days.

(f)

Ineligibility. If the Commission finds that the property does not meet the eligibility criteria in subsection (b) of this section:

(1)

If applicable, the Commission shall remove the structure from the county inventory; and

(2)

The structure may not be nominated for inclusion on the county inventory or the preliminary county landmarks list by any person other than the owner for three years after the date of the Commission decision.

(1988 Code, § 26-540) (Bill No. 18, 1990, § 2, 3-30-1990; Bill No. 6-99, § 1, 3-20-1999; Bill No. 112-02, § 2, 7-1-2004; Bill No. 75-03, § 34, 7-1-2004; Bill No. 26-07, § 3, 4-29-2007)