This Chapter set forth procedures for reviewing proposed historic and/or cultural landmark designations in the Town.

(Ord. 13-14 §2)

After receiving written approval from the property owners, the Historic Preservation Committee shall recommend historic and/or cultural landmarks to the Town Council. A public hearing is required with the Town Council. The recommendation shall identify the criteria forming the basis of the recommendation, and shall include all pertinent information related to the site or building supporting the designation. The Town Council will approve or disapprove historic and/or cultural landmark designation after public hearing, at which the owner of the site or structure and all interested persons shall have an opportunity to be heard. A majority decision of the Town Council is required for nomination.

(Ord. 13-14 §2)

A site or structure may be eligible for historic and/or cultural landmark designation if it has been in existence for at least fifty (50) years or meets any of the following criteria:

(a)

Historic significance:

(1)

Has character or is a point of interest that reflects the heritage and political, economic and/or social history or cultural development of the Town, the State or the Nation;

(2)

Is associated with historical persons or groups or represents important events in national, state or local history; and

(3)

Is associated with an important individual or group who contributed in significant ways to the political, social and/or cultural life of the community.

(b)

Prehistoric or archeological interest or information: Has character or is a place or point of interest that reflects prehistoric events or archeological interest.

(c)

Architectural significance:

(1)

Characterizes a style associated with a particular era;

(2)

Has a strong or unique relationship to other areas potentially eligible for preservation;

(3)

Is architecturally unique or innovative; and

(4)

Has visual symbolic meaning or appeal for the community or, due to its unique location or singular characteristics, represents established and familiar visual features of the neighborhood or community.

(Ord. 13-14 §2)

The Town Council, at its discretion, may provide to a property owner some or all of the following benefits to incentivize a historic landmark designation:

(a)

Partial waiver of building permit fees;

(b)

Local property tax credits;

(c)

Preservation, maintenance or relocation assistance and other incentives as deemed necessary by the Town Council; and

(d)

Other appropriate incentives, also as determined by the Town Council.

(Ord. 13-14 §2)

Any application for any permit which includes the exterior alteration, relocation or removal of a site or structure designated as a historic and/or cultural landmark must be reviewed by the Planning and Zoning Commission for recommendation of approval or disapproval of the Town Council on the basis of the following criteria. The Town Council on the basis of the following criteria shall approve or disapprove the application after a public hearing at which the landowner and interested persons have an opportunity to be heard.

(a)

Criteria for alteration of a site or structure:

(1)

Whether the architectural or historical character will itself be materially altered so as to negatively impact the historical landmark;

(2)

Whether the architectural style and arrangement and the texture of the exterior surface materials of the existing structure and the proposed alteration appropriately relate to each other and to other structures in the vicinity;

(3)

Whether the alteration will negatively change or destroy the exterior architectural features and details of the structure; and

(4)

The effect of the proposed alteration on the protection, enhancement, perpetuation and use of the historic landmark.

(b)

Criteria for relocation of a structure:

(1)

Significance of the original site;

(2)

Whether the structure can be rehabilitated or used on its original site consistent with the reasonable and beneficial use of the property;

(3)

Whether the proposed site is compatible with or detracts from the importance of the historic landmark;

(4)

Whether the structure can be moved without causing significant damage to its physical integrity; and

(5)

Whether the relocation of the structure is necessary to prevent undue hardship on the property owner.

(c)

Criteria for removal of a structure:

(1)

Whether the structure presents an imminent hazard that cannot otherwise be properly mitigated;

(2)

Whether the structure can reasonably be rehabilitated and maintained in its present location and the significance of the original site;

(3)

Whether relocation of the structure is reasonably possible or practical;

(4)

Whether the structure can be rehabilitated or used on its original site consistent with the reasonable and beneficial use of the property; and

(5)

Whether the removal of the structure is necessary to prevent undue hardship on the property owner.

(Ord. 13-14 §2)

Any approved development plan including the alteration, relocation or removal of a historic and/or cultural landmark shall be deemed to incorporate the following standards except to the extent they are determined by the Town Council not to be applicable.

(a)

The historic and/or cultural landmark shall continue to be used in a manner consistent with its original purpose or a compatible purpose, so long as such use does not violate any of the provisions of this Code.

(b)

The historic character of the historic and/or cultural landmark shall be maintained by avoiding the removal or alteration of features important to such character.

(c)

The use of original materials is encouraged. Distinctive and unique features, finishes, materials and examples of craftsmanship should be retained and preserved. Repairs and replacement of such features should match the original in color, shape, texture and design. Replacements should be fully documented with pictorial or physical evidence and a copy of such evidence filed with the Town.

(d)

Where possible, additions and expansions shall be differentiated from the existing structure so as to protect the historic landmark's historic integrity. Additions and expansions shall also be undertaken in such a manner that their removal in the future would not destroy the form or integrity of the original structure.

(Ord. 13-14 §2)

The Town Council, after public hearing at which the owner of the historic and/or cultural landmark and interested persons shall have an opportunity to be heard, may remove historic and/or cultural landmark designation from a site or structure, based upon one (1) or more of the following findings:

(a)

The historic and/or cultural landmark designation creates undue hardship for the owner;

(b)

The structure is an imminent hazard to the health and safety of the public despite the owner's efforts to properly maintain it;

(c)

The structure is structurally unsound despite the owner's efforts to properly maintain it; and/or

(d)

The historical significance was adopted in error or the structure no longer has historical significance.

(Ord. 13-14 §2)