(A) Any person, group, or government agency may nominate a resource under its ownership or jurisdiction for listing in the County Cultural Landmark Register. The nomination and listing procedures are as follows.
(1) Completed intensive level survey documentation for each nominated property must be submitted to the Cultural Preservation Commission.
(2) The Cultural Preservation Commission will review and consider properly submitted nominations at its next scheduled meeting. The Cultural Preservation Commission will notify the nominating party prior to the meeting that the nomination will be considered and will place that item on the agenda posted for the meeting.
(3) The Cultural Preservation Commission will review the documentation for completeness, accuracy, and compliance with the criteria listed in § 153.38 and will make recommendation to the County Commission accordingly.
(4) The County Commission will review the recommendation of the Cultural Preservation Commission and any other pertinent information at a regularly scheduled Commission meeting and will make a decision accordingly.
(5) No resource shall be included on the County Cultural Landmark Register if the private property owner or manager with ceded jurisdiction over the resource is not in favor of the designation.
(B) Following designation by the County Commission, a notice of such shall be mailed to the owners of record together with a copy of this chapter. In the case of landmark district designation, notice of such may be placed in the local newspaper or in a public building rather than mailed to each owner of a resource in the district. The County Commission shall record the Cultural Landmark Register designation for each resource with the County Recorder’s office.
(C) Designation of a resource to the County Register of Cultural Resources results in the following.
(1) Resources designated on the Cultural Landmark Register may receive special consideration in the granting of variances or conditional use permits in order to encourage development for the benefit, use, and enjoyment by the public.
(2) In the event of rehabilitation of the property, local building officials may consider waiving certain code requirements in accordance with Chapter 34 of the Uniform Building Code and with the Uniform Code for Building Conservation.
(3) Owners of cultural landmarks may seek assistance from the Cultural Preservation Commission in applying for grants or tax credits for rehabilitating or developing their resources for the benefit, use, and enjoyment by the public.
(4) Proposed work or management changes on resources designated as cultural landmarks is subject to the review and approval of the county. The purpose of this review is to ensure the preservation, development, and enhancement of cultural properties to the greatest degree possible. This review applies to individually designated landmark resources, resources located in designated landmark districts, and public resources. This review applies only to exterior work which requires a building, sign, or demolition permit and to management actions that affect public resources and lands adjacent thereto.
(a) Applications for building, demolition, or sign permits shall be recommended by the Building Inspection Department to the Cultural Preservation Commission prior to their issuance/denial.
(b) At its next scheduled meeting, the Cultural Preservation Commission shall review the application and proposed work for compliance with design guidelines adopted by the County Commission.
1. Applicants whose proposed projects comply with the provisions of this chapter shall be issued the appropriate permit.
2. Applicants whose proposed projects are found to be in noncompliance with this chapter shall be offered a negotiating period of 60 days, during which time the Commission and applicant shall explore all options for an acceptable solution. These may include the feasibility of modifying the plans, using the cultural landmark for alternative purposes, or reselling the property to another party. The Cultural Preservation Commission may extend the negotiating period for additional 60-day periods for the purposes described above if deemed necessary to accommodate a potential solution.
3. If no solution has been agreed upon at the conclusion of either the initial 60-day period or an extended period, the Building Official will not issue any permits.
(c) Applicants for work or changes in management actions that affect public resources listed on the Cultural Landmark Register shall apply directly to the County Commission for consideration.
(5) The Cultural Preservation Commission may approve a permit for rehabilitation or demolition of a landmark property if the owner has presented substantial evidence demonstrating that unreasonable economic hardship will result from denial of the request.
(a) In order to sustain a claim of unreasonable economic hardship, the Cultural Preservation Commission may require the owner/manager to provide information as to whether the property is capable of producing a reasonable return for the owner.
(b) Demonstration of economic hardship by the owner shall not be based on conditions resulting from willful or negligent acts by the owner, purchasing the property for substantially more than market value at the time of purchase, failure to perform normal maintenance and repairs, failure to diligently solicit and retain tenants, or failure to provide normal improvements.
(6) An applicant who has been denied any permit by the Building Official, based on the Cultural Preservation Commission’s refusal to issue a permit, may appeal that decision to the County Commission. The appeal must be made within 120 days of the Cultural Preservation Commission’s decision.
(D) Properties which, in the opinion of the County Commission, no longer meet the criteria for eligibility may be removed from the Cultural Resource Landmark Register after review and consideration.
(E) The provisions of this section are subject to the enforcement provisions established in the Uniform Building Code, Uniform Code for Building Conservation, Uniform Housing Code as adopted by the county, and to other provisions as allowed by federal, state, and local law.
(Ord. 2013-1, passed 7-8-2013)