(A) Application and approval for a building and zoning permit is required before the ARB and/or Town Council approval is obtained to authorize the reconstruction, demolition, alteration, renovation or moving of an historic landmark, building or structure. The boundaries of the historic site district shall conform to the applicants lot of record. No building or structure, including signs, shall be erected, reconstructed, altered or restored, within the historic site district (HSD) unless the same is approved by the ARB, or, on appeal, by Town Council as being architecturally compatible with the historic landmarks, buildings or structures therein. No historic landmark, building or structure within the historic site district shall be razed, demolished or moved until approved by the ARB, or, on appeal, by the Town Council after consultation with the ARB.
(B) However, the owner of an historic landmark, as a matter of right shall be entitled to sell or demolish such landmark, provided that:
(1) He or she has applied to the Architectural Review Board for such right;
(2) The owner has for the period of time set forth in the time schedule hereinafter contained at a price reasonably related to its fair market value as determined by independent appraisal, as hereinafter set forth, made a bona fide offer to sell such landmark, and the land pertaining thereto, to such person, firm, corporation, government or agency, or political subdivision or agency thereof, which gives reasonable assurance that it is willing to preserve and restore the landmark and the land pertaining thereto. The procedure for establishing the fair market value: the owner and the Architectural Review Board shall each retain one independent, qualified appraiser. Should the two appraisers not agree upon the said fair market value, those appraisers shall choose a third qualified appraiser, whereby a median value shall be established by the three appraisers which shall be final and binding upon the owner and the Architectural Review Board; and
(3) No contract for the sale of any such historic landmark, and the land pertaining thereto, shall be binding or enforceable prior to the expiration of the applicable time period as set forth in the time schedule hereinafter contained. Any appeal which may be taken to the Town Council from the decision of the Architectural Review Board, and from the Town Council to the Circuit Court of the county, shall not affect the right of the owner to make bona fide offer to sell. Offers to sell as provided in this section shall be made within one year of the date of application to the Architectural Review Board.
(4) Before making a bona fide offer to sell, an owner shall first file a written statement with the Chairperson of the Architectural Review Board. Such statement shall identify the property, take the offering price, the date the offer of sale is to begin, and name of the real estate agent, if any. No time period set forth in the time schedule hereinafter set forth shall begin to run until such statement has been filed.
(1996 Code, § 176-133)