§ 62-73. Procedure for issuance of certificate of designation.

(a)

Notice of proposed certificate of designation. The historic preservation board shall send by certified mail a notice of proposed certificate of designation to the owner of the property in question at least 30 calendar days prior to the date of the public hearing, or the owner shall otherwise acknowledge notice of the public hearing from the historic preservation officer. The historic preservation officer shall transmit to the owner his recommendations on the designation prior to the public hearing.

(b)

Public hearing. For each proposed designation pursuant to this chapter, the board shall hold a public hearing within 60 days after the filing of an application for a certificate of designation with the historic preservation officer and after due public notice. The historic preservation officer, at the public hearing, shall:

(1)

Make recommendations to the board as to whether or not the building, structure or object is eligible for designation pursuant to this chapter and provide a listing of those features of the building, structure or object which require specific historic preservation treatments.

(2)

Make recommendations to the board as to whether or not the site is eligible for designation pursuant to this chapter, which shall include a location map showing site boundaries, justification for such boundaries, relevant land use information and any proposed development.

(3)

Make recommendations to the board as to whether or not the district is eligible for designation pursuant to this chapter, which shall include a statement of recommended boundaries for the district and a justification for those boundaries, along with a map showing the recommended boundaries.

(c)

Action by board. At the public hearing, the board shall either approve, deny or approve with conditions a proposed certificate of designation pursuant to this chapter based on the criteria outlined in section 62-74; provided, however, in the event the owner objects in writing to the proposed designation of the historic building, structure, object or historic site, either before or during the public hearing, then the application shall be withdrawn and shall not be considered by the board at that time; provided further that, in the event of an application for a proposed historic district designation, if 51 percent of the owners in a proposed district object in writing either before or during the public hearing, then the application shall be withdrawn and shall not be considered by the board at that time. Unless appealed, the decision of the board shall be the final administrative action. Copies of the decision shall be mailed to the applicant and property owner within ten days of the board's decision.

(d)

Issuance of certificate; recommendation of amendments to comprehensive plan. If a designation is made, the board shall issue the certificate of designation and recommend to the county council, if needed, amendments to appropriate elements of the county comprehensive plan, including the future land use map, to show such designation. All designations shall be filed with the historic preservation officer.

(e)

Suspension of building activities during review process. Upon the filing of an application for certificate of designation, no permits may be issued authorizing building, alteration, demolition, relocation or excavation of the subject property until such time as final board administrative action occurs. The historic preservation officer shall notify the building official of the suspension of activities upon the filing of an application for designation.

(Ord. No. 91-34, § VI, 12-19-91)