| 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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