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In reviewing applications, the Commission shall give consideration to the historic, archeological, or architectural significance of the site or structure and its relationship to the historic, archeological, or architectural significance of the surrounding area; the relationship of the exterior architectural features of a structure to the remainder of the structure and to the surrounding area; the general compatibility of exterior design, scale, proportion, arrangement, texture and materials proposed to be used; and any other factors, including aesthetic factors, which the Commission deems to be pertinent.
(Ord. 4-83, passed 11-9-1983; Ord. 7-95, passed 2-22-1996)
The Commission shall consider only exterior features of a structure and shall not consider any interior arrangements. Also, the Commission shall not disapprove an application except with respect to the several factors specified in § 93-10 of this chapter.
(Ord. 4-83, passed 11-9-1983; Ord. 7-95, passed 2-22-1996)
The Commission shall be strict in its judgment of plans for sites or structures determined by research to be of historic, archeological, or architectural significance. The Commission shall be lenient in its judgment of plans for sites or structures of little historic, archeological, or architectural significance or for plans involving new construction, unless the plans would seriously impair the historic, archeological, or architectural significance of the surrounding site or structure. A Commission is not required to limit construction, reconstruction, or alteration to the architectural style of any one period.
(Ord. 4-83, passed 11-9-1983; Ord. 7-95, passed 2-22-1996)
(A) If an application is submitted for construction, reconstruction, or alterations affecting a site or the exterior of a structure or for the moving or demolition of a structure, the preservation of which the Commission considers to be of unusual importance to the county or municipal corporation or unusual importance to the entire state or nation, the Commission shall attempt with the owner of the structure to formulate an economically feasible plan for the preservation of the site or structure. Unless in these circumstances the Commission is satisfied that the proposed construction, alteration, or reconstruction will not materially impair historic, archeological, or architectural significance of the site or structure, the Commission shall reject the application, filing a copy of its rejection with the person designated by the Mayor and Council of the town.
(B) If an application is submitted for construction, reconstruction, alteration, or for the moving or demolition of a site or structure that the Commission considers to be of unusual importance and no economically feasible plan can be formulated, the Commission shall have 90 days from the time it concludes that no economically feasible plan can be formulated to negotiate with the owner and other parties in an effort to find a means of preserving the site or structure.
(Ord. 4-83, passed 11-9-1983; Ord. 7-95, passed 2-22-1996)
In the case of a site or structure considered to be valuable for its historic, archeological, or architectural significance, the Commission may approve the proposed demolition, construction, reconstruction, or alteration, moving, or demolition despite the fact the changes come within the provisions of §§ 93-12 and 93-13 of this chapter, if the site or structure is an impediment to a major improvement program which will be of substantial benefit to the town, if retention of the site or structure would cause undue financial hardship to the owner, or if the retention of the structure would not be in the best interests of a majority of persons in the community.
(Ord. 4-83, passed 11-9-1983; Ord. 7-95, passed 2-22-1996)
The Commission shall adopt rules and regulations as may be necessary for the proper transaction of its business. Any interested person or a person's representative is entitled to appear and be heard at any public hearing conducted by the Commission.
(Ord. 4-83, passed 11-9-1983; Ord. 7-95, passed 2-22-1996)
The Commission shall file with the official designated by the town a certificate of its approval, modification or rejection of all applications and plans submitted to it for review. Work shall not be commenced on any project until a certificate of approval has been filed, and the Zoning Administrator shall not issue a building permit for change or construction unless and until he or she has received a certificate of approval. The applicant, owner, lessee, or tenant of the property and premises shall not commence the proposed work or change until and unless he, she, or it has received a certificate of approval from the town. The failure of the Commission to act upon a completed application within 45 days from the date the completed application was filed shall be deemed to constitute automatic approval of the proposed changes, unless an extension of this 45-day period is mutually agreed upon by the applicant and the Commission or the application has been withdrawn.
(Ord. 4-83, passed 11-9-1983; Ord. 7-95, passed 2-22-1996)
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