§ 33.90 APPEAL PROVISIONS.
   (A)   The purpose of this section is to preserve historic sites, including archaeological site, and buildings that are important to the education, culture, traditions, and economic values of the town and to afford the town, historical organizations, property owners, and other interested persons the opportunity to acquire or to arrange for the preservation of these sites or buildings.
   (B)   If the Commission denies the issuance of a certificate of appropriateness for the demolition of a building, structure, or change in site, a demolition permit may be issued by other agencies and a building, structure, or site may be changed or demolished, but only after the property owner has demonstrated to the Commission that the historic building, structure, or site is incapable of earning an economic return on its value, as appraised by a licensed real estate appraiser.
   (C)   Notice of the proposed demolition must be given for a period fixed by the Commission, based on the Commission's classification on the approved map, but not less than 60 days nor more than one year. Notice must be posted on the premises of the building or structure proposed for demolition in a location clearly visible from the street. In addition, notice must be published in a newspaper of general local circulation at least three times before demolition, with the first publication not more than 15 days after the application for a permit to demolish is filed, and the final publication at least 15 days before the date of the permit.
   (D)   The Commission may approve a certificate of appropriateness at any time during the notice period under division (C) above. If the certificate of appropriateness is approved, a demolition permit shall be issued without further delay, and demolition may proceed.
(Ord. 2008-G-04, passed 12-15-08)