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7-504.A. Submit Application. The applicant shall submit a complete application to the Planning Director containing the minimum application contents specified in Section 5-202.C. of this Title.

7-504.B. Public Notice. Public notice that H.A.R.C. will conduct a hearing to consider an application to designate a local landmark shall be provided as follows:

7-504.B.1. If the proposed designation has been initiated by H.A.R.C., the Town shall send notice by registered mail to the owner of the property proposed for local landmark designation or significant landmark interior containing that information specified in Section 5-204.D. of this Title. The Town shall also provide notice of the proposed designation as a Level 3 Notice according to the provisions of 5-204.C.

7-504.B.2. If the proposed designation has been initiated by the owner of the property, notice shall be provided as a Level 3 Notice according to the provisions of 5-204.C.

7-504.B.3. For purposes of this Division, “owner” means any person who alone, or jointly or severally with others, has title or a possessory legal interest in any building, and includes any person who as agent, executor, administrator, trustee or guardian of an estate has charge, care or control of any building.

7-504.C. Public Action By H.A.R.C. H.A.R.C. shall hold a public hearing to review the conformance of the application with all applicable provisions of this Title.

7-504.C.1. H.A.R.C. may solicit expert testimony or documentary evidence regarding the historic and architectural importance of the building, structure, site, monument, area or other local landmark under consideration for designation.

7-504.C.2. H.A.R.C. shall afford to the owner of the property and to any other interested party reasonable opportunity to present testimony or documentary evidence regarding the historic and architectural importance of the proposed local landmark property.

7-504.C.3. Within fifteen (15) days after the date of the public hearing, H.A.R.C. shall render a recommendation to the Town Council regarding the proposed designation and shall give written notice of its decision to the owner of the property proposed for designation, setting forth its reasons thereof.

7-504.C.4. Four (4) votes of H.A.R.C. members shall be required to recommend that a building or site be designated as a local landmark. A simple majority vote shall be required to recommend that an interior of a local landmark be a significant landmark interior.

7-504.C.5. H.A.R.C. shall maintain a record of testimony and documentary evidence submitted at the public hearing for consideration of a proposed local landmark or a significant landmark interior designation.

7-504.D. Public Action By Town Council. The Town Council shall within forty five (45) days after the date of H.A.R.C.’s recommendation ratify or overturn the recommendation to designate a local landmark or a significant landmark interior. The Council action shall occur at any regular or special meeting of the Town Council. An affirmative vote of an extraordinary majority of the Town Council as defined at Section 5-207.J of this Title shall be required to ratify the H.A.R.C. recommendation.

7-504.E. Actions Following Approval.

7-504.E.1. Within thirty (30) days after the date on which the Town Council ratifies any building, structure, site or monument as a local landmark worthy of preservation, or as significant landmark interior, the Council shall cause to be filed in the County Clerk and Recorder’s office a certificate of notification that such property is designated a local landmark or as significant landmark interior.

7-504.E.2. The certificate of notification shall be maintained on the public records unless the local landmark designation is withdrawn by the Town Council following H.A.R.C. recommendation. An affirmative vote of five (5) members of the Town Council shall be required to withdraw local landmark, or significant landmark interior designation. Local landmark designation shall not be withdrawn if zoning incentives have been granted for the subject property or structure, pursuant to Section 7-506 of this Title.

7-504.E.3. At such time as a local landmark or local landmark site has been finally designated in accordance with this Division, H.A.R.C. may have a suitable plaque prepared and, with the consent of the property owner, erected on the local landmark or local landmark site declaring it as a local landmark building and/or local landmark site.

(Ord. 1561, 2023)