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Session Laws, 1971
Volume 707, Page 975   View pdf image
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Marvin Mandel, Governor                         975

alter, [repair] reconstruct, move, demolish, or make the addition.
Every such application shall be referred to and considered by the
historic district commission and accepted or rejected by the Com-
mission. No
permit for any such change may be granted until the
commission has acted thereon as hereinafter provided.

8.09.

(a)  If an application is submitted for [repairs] reconstruction or
alterations affecting1 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 munic-
ipal corporation or 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] reconstruc-
tion
will not materially impair the historic value of the structure,
the commission shall reject the application for [repair] reconstruc-
tion
or alteration, filing a copy of its rejection with the building
inspector by whatever name known of the county or municipal cor-
poration. An application for any such [repair] reconstruction or
alteration, if rejected, shall not be renewed within a period of one
year after the rejection.

(b)  If an application is submitted for reconstruction, alteration,
or for moving or demolition of a structure that the commission
deems of unusual importance and no economically feasible plan can
be formulated, the commission shall have ninety days from the time
it concludes that no economically feasible plan can be formulated to
negotiate with the owner and other parties in an effort to find a
means of preserving the building.

8.10.

In the case of a structure deemed to be valuable for the period of
architecture it represents and important to the neighborhood within
which it exists, the commission may approve the proposed [repair]
reconstruction or alteration despite the fact the changes come within
the provisions of Section 8.09 above if (1) the structure is a deter-
rent to a major improvement program which will be of substantial
benefit to the county or municipal corporation; (2) retention of the
structure 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.

8.12.

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 such
change or construction unless and until he has received such a cer-
tificate of approval. If there is no building inspector in the county
or municipal corporation, the owner, lessee, or tenant of the prop-
erty and premises shall not commence the proposed work or change

 

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Session Laws, 1971
Volume 707, Page 975   View pdf image
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