J. MILLARD TAWES, Governor 2019
general compatibility of exterior design, arrangement, texture, and
materials proposed to be used; and (4) to any other factors including
aesthetic factors which the commission deems to be pertinent.
43. 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 Section 42 above.
44. The commission shall be strict in its judgment of plans for
those structures deemed to be valuable according to studies per-
formed for districts of historic or architectural value. The commis-
sion shall be lenient in its judgment of plans for structures of little
historic value or for plans involving new construction, unless such
plans would seriously impair the historic or architectural value of
surrounding structures or the surrounding area. A commission is
not required to limit new construction, alteration, or repairs to the
architectural style of any one period.
45. If an application is submitted for repairs or alterations affect-
ing the exterior appearance of a structure or for the moving or
demolition of a structure, the preservation of which the commission
deems of unusual importance to the county or municipal corporation
or of 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 structure.
Unless in these circumstances the commission is satisfied that the
proposed construction, alteration, or repair will not materially
impair the historic value of the structure, the commission shall
reject the application for repair or alteration, filing a copy of its
rejection with the building inspector by whatever name known of
the county or municipal corporation. An application for any such
repair or alteration, if rejected, shall not be renewed within a period
of one year after the rejection.
46. In the case of a structure deemed to be valuable for the
period of architecture it represents and important to the neighbor-
hood within which it exists, the commission may approve the pro-
posed repair or alteration despite the fact the changes come within
the provisions of Section 45 above if (1) the structure is a deterrent
to a major improvement program which will be of substantial benefit
to the county or municipal corporation; (2) retention of the struc-
ture would cause undue financial hardship to the owner; or (3) the
retention of the structure would not be to the best interests of a
majority of persons in the community.
47. All meetings of a commission shall be open to the public.
Any interested person or his representative is entitled to appear and
be heard by the commission before it reaches a decision on any
matter. The commission shall keep an open record of its resolutions,
proceedings, and actions which shall be kept available for public
inspection during reasonable business hours.
48. The commission shall file with the building inspector by
whatever name known of the county or municipal corporation 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 such project until such a certificate of approval has been
filed, and the building inspector shall not issue a building permit for
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