§ 32-7-406. PUBLIC HEARING AND DETERMINATIONS.

(a)

Considerations. In passing upon appropriateness, the Commission shall consider, in addition to any other pertinent factors, the historic or architectural value and significance, architectural style, general design, arrangement, texture, and material of the exterior architectural features of other structures in the immediate neighborhood.

(b)

Notice.

(1)

If the Commission does not issue a certificate of appropriateness or notice to proceed promptly, within 15 days after receipt of a complete application for a permit and the plans and specifications relative to the application, the Commission shall cause a sign to be posted conspicuously located on the property involved, giving notice of a public hearing to be held by the Commission on the application as provided in § 32-7-405(a)(2) of this subtitle.

(2)

The sign shall inform the public of the time and place of the hearing and the nature of the change proposed.

(c)

Determinations. As soon as convenient after the conclusion of the public hearing but in any event within 10 days after the hearing or within any further time as the applicant for the permit approves in writing, the Commission shall determine:

(1)

Whether the proposed excavation, construction or erection, reconstruction, alteration, removal of an exterior architectural feature, moving, or demolition would be appropriate to the preservation of the particular county historic district or to the preservation of the structure appearing on the preliminary county landmarks list or on the final county landmarks list, and may issue a certificate of appropriateness;

(2)

Whether, notwithstanding that the proposed excavation, construction or erection, reconstruction, alteration, removal of an exterior architectural feature, moving, or demolition would be inappropriate, the work would not result in substantial detriment to the public welfare nor in substantial derogation from the intent and purposes of this title and denial of the application would result in substantial hardship to the applicant, in which case the Commission may issue a notice to proceed in lieu of a certificate of appropriateness; or

(3)

Whether neither a certificate of appropriateness nor a notice to proceed should be issued.

(d)

Referral to Building Engineer.

(1)

If the Commission makes the determination provided for under subsection (c)(1) or (c)(2) of this section, the secretary of the Commission shall promptly forward to the Building Engineer a certificate of appropriateness or a notice to proceed, as applicable, along with the application and the plans and relevant specifications.

(2)

(i)

If the Commission makes the determination under subsection (c)(3) of this section, the Commission shall:

1.

Issue written findings and conclusions for the determination; and

2.

May include a recommendation regarding the proposed excavation, construction or erection, reconstruction, alteration, removal of an exterior architectural feature, moving, or demolition.

(ii)

The Commission shall notify the applicant and the Building Engineer of the determination, transmitting to each of them an attested copy of the reasons and recommendations.

(e)

Building Engineer bound by Commission's determination.

(1)

Upon return to the Building Engineer of the application and the plans and specifications by the Commission, the Building Engineer is bound by the determination of the Commission.

(2)

The Building Engineer shall approve, if in conformance with other provisions of the Building Code, or disapprove any application for the proposed excavation, construction or erection, reconstruction, alteration, removal of an exterior architectural feature, moving, or demolition of any building or structure in a county historic district or on the final county landmarks list in accordance with the Commission's determination.

(f)

Postponement — Preliminary landmarks list.

(1)

If the Commission determines that the proposed excavation, construction or erection, reconstruction, alteration, removal of an exterior architectural feature, moving, or demolition of any building or structure on the preliminary county landmarks list is inappropriate, the commission shall notify the Building Engineer in writing to postpone the issuance of the permit.

(2)

(i)

The Building Engineer shall postpone the issuance of the permit for a period not to exceed 90 days after the date of the notification of determination by the Commission or until notified by the Commission to issue the permit, whichever occurs first.

(ii)

Thereafter, the Building Engineer shall issue the permit if it complies with all legal requirements.

(3)

Within the period of postponement, the commission shall meet with the applicant for the permit and shall consult with civic groups, public agencies, and interested citizens to ascertain what the county may do to preserve the building.

(g)

Maintenance allowed. This title may not be construed to prevent maintenance that does not alter the exterior fabric or features of a designated structure, customary farming operations, or landscaping which will have no material effect on the historic, archeological, or architectural significance of a county landmark or county historic district.

(1988 Code, §§ 26-546, 26-547, 26-548, 26-549, 26-550, 26-551) (Bill No. 18, 1990, § 2, 3-30-1990; Bill No. 112-02, § 2, 7-1-2004; Bill No. 26-07, § 3, 4-29-2007)