<?xml version='1.0' encoding='utf-8'?>
<section number="29-119" name="Determination by Historic Preservation Commission; appeal to the District Council" law="code" slug="sec-29-119" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_29PRHIRE_DIV6REUNHIREHIPR_S29-119DEHIPRCOAPDICO">
  <level label="a">
    <text>The Historic Preservation Commission shall make a determination as to whether an unclassified historic resource should be classified or not classified as a Historic Site or property within a Historic District. The Commission's decision shall be in writing, shall include findings of fact and conclusions, and shall be sent to all persons of record.</text>
  </level>
  <level label="b">
    <text>If a permit application is involved and the Historic Preservation Commission determines that the historic resource should not be classified as a Historic Site or as property within a Historic District on the master plan for historic preservation, the Director shall forthwith issue the permit.</text>
  </level>
  <level label="c">
    <text>If a permit application is involved and the Historic Preservation Commission determines that the historic resource should be classified as a Historic Site or property within a Historic District on the master plan for historic preservation, the permit application shall be governed by the procedures established in Division 4 of this Subtitle.</text>
  </level>
  <level label="d">
    <text>If the historic resource is subject to demolition by neglect and the Historic Preservation Commission has determined that the resource should be classified as a Historic Site or property within a Historic District on the master plan for historic preservation, the provisions of Division 5 of this Subtitle shall govern.</text>
  </level>
  <level label="e">
    <text>Any person of record may appeal the decision of the Historic Preservation Commission, on the question of treating the property as classified or unclassified, to the District Council. Any appeal of the Commission's decision shall be filed with the Commission within thirty (30) days of service of the decision.</text>
    <level label="1">
      <text>Upon receipt of an appeal, the Commission shall transmit to the Zoning Hearing Examiner the notice of appeal, and the names and addresses of all persons of record. In addition, the Commission shall transmit its findings of fact and conclusions along with all record evidence.</text>
    </level>
    <level label="2">
      <text>Upon receipt of the foregoing, the Zoning Hearing Examiner shall cause the matter to be set for public hearing. The hearing shall be advertised in the County's newspapers of record and notice of the date, time, and place of the hearing shall be sent to the Historic Preservation Commission, the Planning Board, and all persons of record in the case before the Historic Preservation Commission.</text>
    </level>
    <level label="3">
      <text>The hearing before the Zoning Hearing Examiner shall be a de novo hearing and shall be held in accordance with Subtitle 27 of this Code. After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council. All persons of record shall be given at least ten (10) days written notice by the Clerk of the Council of the date and time of the District Council's consideration of the matter. Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing. The recommendation of the Zoning Hearing Examiner and the decision of the District Council shall be based upon Section 29-104(a), the Historic Sites and Districts criteria, as well as the record submitted by the Historic Preservation Commission and any additional evidence submitted before the Zoning Hearing Examiner. Any party wishing to submit a transcript of the testimony taken before the Historic Preservation Commission shall be required to pay the costs thereof.</text>
    </level>
    <level label="4">
      <text>The District Council's decision to approve or disapprove the decision of the Historic Preservation Commission shall be in writing, and shall expressly declare the unclassified historic resource to be a Historic Site or property within a Historic District, or declare that the site is no longer a historic resource. Copies of the decision shall be sent to the Commission, the Planning Board, and all persons of record.</text>
    </level>
  </level>
  <level label="f">
    <text>For the purposes of this Section, "Person of Record" means the owner(s) of the historic resource, and any municipality, person, firm, corporation, partnership, association, organization, or agency who, in writing or in testimony before the Historic Preservation Commission, requests to be made a person of record prior to the close of the hearing record.</text>
  </level>
</section>
