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7-403.A. Initiation.

7-403.A.1. A written request by the owner of the evaluated structure or a vote by a majority of the Historic and Architectural Review Commission shall be necessary to challenge the designation of any structure designated in the THAS.

7-403.A.2. A written request by the owner of the evaluated structure shall be necessary to challenge the designation of any structure designated in the THAS.

7-403.B. Permits Prohibited. H.A.R.C. shall have the power to prohibit the issuance of building, exterior remodeling, or demolition permits affecting any property under consideration for an evaluation change. The prohibition may remain in effect for the length of time required by H.A.R.C. and Town Council to take final action on the proposed evaluation.

7-403.C. Public Hearing. Following a request or a vote to challenge an evaluation, H.A.R.C. shall hold a public hearing at its next regularly scheduled meeting and schedule a site visit prior to the meeting. Notice of the meeting shall be a Level 3 Notice according to the provisions of 5-204.C. The owner of record of the structure whose designation is being challenged shall be notified by certified mail of the meeting and site visit. A recommendation by H.A.R.C. to change the designation of structure may only be approved by an extraordinary majority of H.A.R.C. members.

7-403.D. H.A.R.C. Recommendation. The person challenging a designation shall have the burden of presenting evidence substantiating the challenge. The staff or any interested citizen may also present evidence as to why the evaluation of the structure should or should not be changed. Within fifteen (15) days after the date of the public hearing, H.A.R.C. shall make a recommendation to the Town Council whether or not to amend the evaluation based on the criteria set forth for evaluation of structures in the 2013 THAS.

7-403.E. Council Action. The Town Council shall hold a meeting to discuss the proposed evaluation modification after the date of the H.A.R.C. recommendation. The Council shall make a decision via resolution to amend the evaluation or not within thirty (30) days after the date of its first meeting. The decision shall be based on the criteria set forth for evaluation of structures in the THAS.