| Part 3C. Historic
Districts and Landmarks.
§ 160A-400.1. Legislative
findings. The historical heritage of our State is one of our most
valued and important assets. The conservation and preservation of historic
districts and landmarks stabilize and increase property values in their
areas and strengthen the overall economy of the State. This Part
authorizes cities and counties of the State within their respective zoning
jurisdictions and by means of listing, regulation, and acquisition: (1) To
safeguard the heritage of the city or county by preserving any district or
landmark therein that embodies important elements of its culture, history,
architectural history, or prehistory; and (2) To promote the use and
conservation of such district or landmark for the education, pleasure and
enrichment of the residents of the city or county and the State as a
whole. (1989, c. 706, s. 2.)
§ 160A-400.2. Exercise of powers
by counties as well as cities. The term "municipality" or
"municipal" as used in G.S. 160A- 400.1 through 160A-400.14
shall be deemed to include the governing board or legislative board of a
county, to the end that counties may exercise the same powers as cities
with respect to the establishment of historic districts and designation of
landmarks. (1989, c. 706, s. 2; 1989 (Reg. Sess., 1990), c. 1024, s. 40.)
§ 160A-400.3. Character of
historic district defined. Historic districts established pursuant to
this Part shall consist of areas which are deemed to be of special
significance in terms of their history, prehistory, architecture, and/or
culture, and to possess integrity of design, setting, materials, feeling,
and association. (1989, c. 706, s. 2.)
§ 160A-400.4. Designation of historic
districts. Any municipal governing board may, as part of a zoning or
other ordinance enacted or amended pursuant to this Article, designate and
from time to time amend one or more historic districts within the area
subject to the ordinance. Such ordinance may treat historic districts
either as a separate use district classification or as districts which
overlay other zoning districts. Where historic districts are designated as
separate use districts, the zoning ordinance may include as uses by right
or as conditional uses those uses found by the Preservation Commission to
have existed during the period sought to be restored or preserved, or to
be compatible with the restoration or preservation of the district. No
historic district or districts shall be designated until: (1) An
investigation and report describing the significance of the buildings,
structures, features, sites or surroundings included in any such proposed
district, and a description of the boundaries of such district has been
prepared, and (2) The Department of Cultural Resources, acting through the
State Historic Preservation Officer or his or her designee, shall have
made an analysis of and recommendations concerning such report and
description of proposed boundaries. Failure of the department to submit
its written analysis and recommendations to the municipal governing board
within 30 calendar days after a written request for such analysis has been
received by the Department of Cultural Resources shall relieve the
municipality of any responsibility for awaiting such analysis, and said
board may at any time thereafter take any necessary action to adopt or
amend its zoning ordinance. The municipal governing board may also, in its
discretion, refer the report and proposed boundaries to any local
preservation commission or other interested body for its recommendations
prior to taking action to amend the zoning ordinance. With respect to any
changes in the boundaries of such district subsequent to its initial
establishment, or the creation of additional districts within the
jurisdiction, the investigative studies and reports required by
subdivision (1) of this section shall be prepared by the preservation
commission, and shall be referred to the local planning agency for its
review and comment according to procedures set forth in the zoning
ordinance. Changes in the boundaries of an initial district or proposal
for additional districts shall also be submitted to the Department of
Cultural Resources in accordance with the provisions of subdivision (2) of
this section. On receipt of these reports and recommendations, the
municipality may proceed in the same manner as would otherwise be required
for the adoption or amendment of any appropriate zoning ordinance
provisions. (1989, c. 706, s. 2.)
§ 160A-400.5. Designation of
landmarks; adoption of an ordinance; criteria for designation. Upon
complying with G.S. 160A-400.6, the governing board may adopt and from
time to time amend or repeal an ordinance designating one or more historic
landmarks. No property shall be recommended for designation as a historic
landmark unless it is deemed and found by the preservation commission to
be of special significance in terms of its historical, prehistorical,
architectural, or cultural importance, and to possess integrity of design,
setting, workmanship, materials, feeling and/or association. The ordinance
shall describe each property designated in the ordinance, the name or
names of the owner or owners of the property, those elements of the
property that are integral to its historical, architectural, or
prehistorical value, including the land area of the property so
designated, and any other information the governing board deems necessary.
For each building, structure, site, area, or object so designated as a
historic landmark, the ordinance shall require that the waiting period set
forth in this Part be observed prior to its demolition. For each
designated landmark, the ordinance may also provide for a suitable sign on
the property indicating that the property has been so designated. If the
owner consents, the sign shall be placed upon the property. If the owner
objects, the sign shall be placed on a nearby public right-of-way. (1989,
c. 706, s. 2.)
§ 160A-400.6. Required landmark
designation procedures. As a guide for the identification and
evaluation of landmarks, the commission shall undertake, at the earliest
possible time and consistent with the resources available to it, an
inventory of properties of historical, architectural, prehistorical, and
cultural significance within its jurisdiction. Such inventories and any
additions or revisions thereof shall be submitted as expeditiously as
possible to the Division of Archives and History. No ordinance designating
a historic building, structure, site, area or object as a landmark nor any
amendment thereto may be adopted, nor may any property be accepted or
acquired by a preservation commission or the governing board of a
municipality, until all of the following procedural steps have been taken:
(1) The preservation commission shall (i) prepare and adopt rules of
procedure, and (ii) prepare and adopt principles and guidelines, not
inconsistent with this Part, for altering, restoring, moving, or
demolishing properties designated as landmarks. (2) The preservation
commission shall make or cause to be made an investigation and report on
the historic, architectural, prehistorical, educational or cultural
significance of each building, structure, site, area or object proposed
for designation or acquisition. Such investigation or report shall be
forwarded to the Division of Archives and History, North Carolina
Department of Cultural Resources. (3) The Department of Cultural
Resources, acting through the State Historic Preservation Officer shall
either upon request of the department or at the initiative of the
preservation commission be given an opportunity to review and comment upon
the substance and effect of the designation of any landmark pursuant to
this Part. Any comments shall be provided in writing. If the Department
does not submit its comments or recommendation in connection with any
designation within 30 days following receipt by the Department of the
investigation and report of the commission, the commission and any city or
county governing board shall be relieved of any responsibility to consider
such comments. (4) The preservation commission and the governing board
shall hold a joint public hearing or separate public hearings on the
proposed ordinance. Reasonable notice of the time and place thereof shall
be given. All meetings of the commission shall be open to the public, in
accordance with the North Carolina Open Meetings Law, Chapter 143, Article
33C. (5) Following the joint public hearing or separate public hearings,
the governing board may adopt the ordinance as proposed, adopt the
ordinance with any amendments it deems necessary, or reject the proposed
ordinance. (6) Upon adoption of the ordinance, the owners and occupants of
each designated landmark shall be given written notification of such
designation insofar as reasonable diligence permits. One copy of the
ordinance and all amendments thereto shall be filed by the preservation
commission in the office of the register of deeds of the county in which
the landmark or landmarks are located. Each designated landmark shall be
indexed according to the name of the owner of the property in the grantee
and grantor indexes in the register of deeds office, and the preservation
commission shall pay a reasonable fee for filing and indexing. In the case
of any landmark property lying within the zoning jurisdiction of a city, a
second copy of the ordinance and all amendments thereto shall be kept on
file in the office of the city or town clerk and be made available for
public inspection at any reasonable time. A third copy of the ordinance
and all amendments thereto shall be given to the city or county building
inspector. The fact that a building, structure, site, area or object has
been designated a landmark shall be clearly indicated on all tax maps
maintained by the county or city for such period as the designation
remains in effect. (7) Upon the adoption of the landmarks ordinance or any
amendment thereto, it shall be the duty of the preservation commission to
give notice thereof to the tax supervisor of the county in which the
property is located. The designation and any recorded restrictions upon
the property limiting its use for preservation purposes shall be
considered by the tax supervisor in appraising it for tax purposes. (1989,
c. 706, s. 2.)
§ 160A-400.7. Historic
Preservation Commission. Before it may designate one or more landmarks
or historic districts, a municipality shall establish or designate a
historic preservation commission. The municipal governing board shall
determine the number of the members of the commission, which shall be at
least three, and the length of their terms, which shall be no greater than
four years. A majority of the members of such a commission shall have
demonstrated special interest, experience, or education in history,
architecture, archaeology, or related fields. All the members shall reside
within the territorial jurisdiction of the municipality as established
pursuant to G.S. 160A-360. The commission may appoint advisory bodies and
committees as appropriate. In lieu of establishing a historic preservation
commission, a municipality may designate as its historic preservation
commission, (i) a separate historic districts commission or a separate
historic landmarks commission established pursuant to this Part to deal
only with historic districts or landmarks respectively, (ii) a planning
agency established pursuant to this Article, or (iii) a community
appearance commission established pursuant to Part 7 of this Article. In
order for a commission or board other than the preservation commission to
be designated, at least three of its members shall have demonstrated
special interest, experience, or education in history, architecture, or
related fields. At the discretion of the municipality the ordinance may
also provide that the preservation commission may exercise within a
historic district any or all of the powers of a planning agency or a
community appearance commission. A county and one or more cities in the
county may establish or designate a joint preservation commission. If a
joint commission is established or designated, the county and cities
involved shall determine the residence requirements of members of the
joint preservation commission. (1989, c. 706, s. 2.)
§ 160A-400.8. Powers of the Historic
Preservation Commission. A preservation commission established
pursuant to this Part may, within the zoning jurisdiction of the
municipality: (1) Undertake an inventory of properties of historical,
prehistorical, architectural, and/or cultural significance; (2) Recommend
to the municipal governing board areas to be designated by ordinance as
"Historic Districts"; and individual structures, buildings,
sites, areas, or objects to be designated by ordinance as
"Landmarks"; (3) Acquire by any lawful means the fee or any
lesser included interest, including options to purchase, to properties
within established districts or to any such properties designated as
landmarks, to hold, manage, preserve, restore and improve the same, and to
exchange or dispose of the property by public or private sale, lease or
otherwise, subject to covenants or other legally binding restrictions
which will secure appropriate rights of public access and promote the
preservation of the property; (4) Restore, preserve and operate historic
properties; (5) Recommend to the governing board that designation of any
area as a historic district or part thereof, or designation of any
building, structure, site, area, or object as a landmark, be revoked or
removed for cause; (6) Conduct an educational program with respect to
historic properties and districts within its jurisdiction; (7) Cooperate
with the State, federal, and local governments in pursuance of the
purposes of this Part. The governing board or the commission when
authorized by the governing board may contract with the State, or the
United States of America, or any agency of either, or with any other
organization provided the terms are not inconsistent with State or federal
law; (8) Enter, solely in performance of its official duties and only at
reasonable times, upon private lands for examination or survey thereof.
However, no member, employee or agent of the commission may enter any
private building or structure without the express consent of the owner or
occupant thereof; (9) Prepare and recommend the official adoption of a
preservation element as part of the municipality's comprehensive plan;
(10) Review and act upon proposals for alterations, demolitions, or new
construction within historic districts, or for the alteration or
demolition of designated landmarks, pursuant to this Part; and (11)
Negotiate at any time with the owner of a building, structure, site, area,
or object for its acquisition or its preservation, when such action is
reasonably necessary or appropriate. (1989, c. 706, s. 2.)
§ 160A-400.9. Certificate of
appropriateness required. (a) From and after the designation of a
landmark or a historic district, no exterior portion of any building or
other structure (including masonry walls, fences, light fixtures, steps
and pavement, or other appurtenant features), nor above-ground utility
structure nor any type of outdoor advertising sign shall be erected,
altered, restored, moved, or demolished on such landmark or within such
district until after an application for a certificate of appropriateness
as to exterior features has been submitted to and approved by the
preservation commission. The municipality shall require such a certificate
to be issued by the commission prior to the issuance of a building permit
or other permit granted for the purposes of constructing, altering,
moving, or demolishing structures, which certificate may be issued subject
to reasonable conditions necessary to carry out the purposes of this Part.
A certificate of appropriateness shall be required whether or not a
building or other permit is required. For purposes of this Part,
"exterior features" shall include the architectural style,
general design, and general arrangement of the exterior of a building or
other structure, including the kind and texture of the building material,
the size and scale of the building, and the type and style of all windows,
doors, light fixtures, signs, and other appurtenant fixtures. In the case
of outdoor advertising signs, "exterior features" shall be
construed to mean the style, material, size, and location of all such
signs. Such "exterior features" may, in the discretion of the
local governing board, include historic signs, color, and significant
landscape, archaeological, and natural features of the area. Except as
provided in (b) below, the commission shall have no jurisdiction over
interior arrangement and shall take no action under this section except to
prevent the construction, reconstruction, alteration, restoration, moving,
or demolition of buildings, structures, appurtenant fixtures, outdoor
advertising signs, or other significant features in the district which
would be incongruous with the special character of the landmark or
district. (b) Notwithstanding subsection (a) of this section, jurisdiction
of the commission over interior spaces shall be limited to specific
interior features of architectural, artistic or historical significance in
publicly owned landmarks; and of privately owned historic landmarks for
which consent for interior review has been given by the owner. Said
consent of an owner for interior review shall bind future owners and/or
successors in title, provided such consent has been filed in the office of
the register of deeds of the county in which the property is located and
indexed according to the name of the owner of the property in the grantee
and grantor indexes. The landmark designation shall specify the interior
features to be reviewed and the specific nature of the commission's
jurisdiction over the interior. (c) Prior to any action to enforce a
landmark or historic district ordinance, the commission shall (i) prepare
and adopt rules of procedure, and (ii) prepare and adopt principles and
guidelines not inconsistent with this Part for new construction,
alterations, additions, moving and demolition. The ordinance may provide,
subject to prior adoption by the preservation commission of detailed
standards, for the review and approval by an administrative official of
applications for a certificate of appropriateness or of minor works as
defined by ordinance; provided, however, that no application for a
certificate of appropriateness may be denied without formal action by the
preservation commission. Prior to issuance or denial of a certificate of
appropriateness the commission shall take such steps as may be reasonably
required in the ordinance and/or rules of procedure to inform the owners
of any property likely to be materially affected by the application, and
shall give the applicant and such owners an opportunity to be heard. In
cases where the commission deems it necessary, it may hold a public
hearing concerning the application. All meetings of the commission shall
be open to the public, in accordance with the North Carolina Open Meetings
Law, Chapter 143, Article 33C. (d) All applications for certificates of
appropriateness shall be reviewed and acted upon within a reasonable time,
not to exceed 180 days from the date the application for a certificate of
appropriateness is filed, as defined by the ordinance or the commission's
rules of procedure. As part of its review procedure, the commission may
view the premises and seek the advice of the Division of Archives and
History or such other expert advice as it may deem necessary under the
circumstances. (e) An appeal may be taken to the Board of Adjustment from
the commission's action in granting or denying any certificate, which
appeals (i) may be taken by any aggrieved party, (ii) shall be taken
within times prescribed by the preservation commission by general rule,
and (iii) shall be in the nature of certiorari. Any appeal from the
Board of Adjustment's decision in any such case shall be heard by the
superior court of the county in which the municipality is located. (f) All
of the provisions of this Part are hereby made applicable to construction,
alteration, moving and demolition by the State of North Carolina, its
political subdivisions, agencies and instrumentalities, provided however
they shall not apply to interiors of buildings or structures owned by the
State of North Carolina. The State and its agencies shall have a right of
appeal to the North Carolina Historical Commission or any successor agency
assuming its responsibilities under G.S. 121- 12(a) from any decision of a
local preservation commission. The commission shall render its decision
within 30 days from the date that the notice of appeal by the State is
received by it. The current edition of the Secretary of the Interior's
Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings shall be the sole principles and guidelines used in reviewing
applications of the State for certificates of appropriateness. The
decision of the commission shall be final and binding upon both the State
and the preservation commission. (1989, c. 706, s. 2.)
§ 160A-400.10. Conflict
with other laws. Whenever any ordinance adopted pursuant to this Part
requires a longer waiting period or imposes other higher standards with
respect to a designated historic landmark or district than are established
under any other statute, charter provision, or regulation, this Part shall
govern. Whenever the provisions of any other statute, charter provision,
ordinance or regulation require a longer waiting period or impose other
higher standards than are established under this Part, such other statute,
charter provision, ordinance or regulation shall govern. (1989, c. 706, s.
2.)
§ 160A-400.11. Remedies. In
case any building, structure, site, area or object designated as a
historic landmark or located within a historic district designated
pursuant to this Part is about to be demolished whether as the result of
deliberate neglect or otherwise, materially altered, remodeled, removed or
destroyed, except in compliance with the ordinance or other provisions of
this Part, the city or county, the historic preservation commission, or
other party aggrieved by such action may institute any appropriate action
or proceedings to prevent such unlawful demolition, destruction, material
alteration, remodeling or removal, to restrain, correct or abate such
violation, or to prevent any illegal act or conduct with respect to such
building, structure, site, area or object. Such remedies shall be in
addition to any others authorized by this Chapter for violation of a
municipal ordinance. (1989, c. 706, s. 2.)
§ 160A-400.12. Appropriations.
A city or county governing board is authorized to make appropriations to a
historic preservation commission established pursuant to this Part in any
amount that it may determine necessary for the expenses of the operation
of the commission, and may make available any additional amounts necessary
for the acquisition, restoration, preservation, operation, and management
of historic buildings, structures, sites, areas or objects designated as
historic landmarks or within designated historic districts, or of land on
which such buildings or structures are located, or to which they may be
removed. (1989, c. 706, s. 2.)
§ 160A-400.13. Certain changes not
prohibited. Nothing in this Part shall be construed to prevent the
ordinary maintenance or repair of any exterior architectural feature in a
historic district or of a landmark which does not involve a change in
design, material or appearance thereof, nor to prevent the construction,
reconstruction, alteration, restoration, moving or demolition of any such
feature which the building inspector or similar official shall certify is
required by the public safety because of an unsafe or dangerous condition.
Nothing in this Part shall be construed to prevent a property owner from
making any use of his property that is not prohibited by other law.
Nothing in this Part shall be construed to prevent a) the maintenance, or
b) in the event of an emergency the immediate restoration, of any existing
above-ground utility structure without approval by the preservation
commission. (1989, c. 706, s. 2.)
§ 160A-400.14. Delay in
demolition of landmarks and buildings within historic district. (a) An
application for a certificate of appropriateness authorizing the
relocation, demolition or destruction of a designated landmark or a
building, structure or site within the district may not be denied except
as provided in subsection (c). However, the effective date of such a
certificate may be delayed for a period of up to 365 days from the date of
approval. The maximum period of delay authorized by this section shall be
reduced by the commission where it finds that the owner would suffer
extreme hardship or be permanently deprived of all beneficial use of or
return from such property by virtue of the delay. During such period the
preservation commission shall negotiate with the owner and with any other
parties in an effort to find a means of preserving the building or site.
If the preservation commission finds that a building or site within a
district has no special significance or value toward maintaining the
character of the district, it shall waive all or part of such period and
authorize earlier demolition, or removal. If the commission or planning
agency has voted to recommend designation of a property as a landmark or
designation of an area as a district, and final designation has not been
made by the local governing board, the demolition or destruction of any
building, site, or structure located on the property of the proposed
landmark or in the proposed district may be delayed by the commission or
planning agency for a period of up to 180 days or until the local
governing board takes final action on the designation, whichever occurs
first. (b) The governing board of any municipality may enact an ordinance
to prevent the demolition by neglect of any designated landmark or any
building or structure within an established historic district. Such
ordinance shall provide appropriate safeguards to protect property owners
from undue economic hardship. (c) An application for a certificate of
appropriateness authorizing the demolition or destruction of a building,
site, or structure determined by the State Historic Preservation Officer
as having statewide significance as defined in the criteria of the
National Register of Historic Places may be denied except where the
commission finds that the owner would suffer extreme hardship or be
permanently deprived of all beneficial use or return by virtue of the
denial. (1989, c. 706, s. 2; 1991, c. 514.)
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