1. A.
   Historic districts established pursuant to this chapter shall consist of areas which are deemed to be of special significance in terms of the city's history, prehistory, architecture and/or culture. Such district must also possess integrity of design, setting, materials, feeling and association.
2. B.
   The city council may, as part of a zoning or other ordinance, designate and, from time to time, amend one or more historic districts within its zoning jurisdiction. Such ordinance may treat historic districts either as a separate use district classification or as districts which overlay other (base) zoning districts. Where historic districts are designated as separate use districts, the zoning ordinance may include, as uses by right or as special uses, those uses found by the Joint Historic 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. Where historic districts are treated as overlay districts, all uses permitted in the underlying (base) zoning district, whether by right or as a special use, shall be permitted in historic district.
3. C.
   No district shall be designated or amended until the following procedure has been carried out:

   1. 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.
   2. 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 city council within 30 calendar days after a written request for such analysis has been received by the department of cultural resources shall relieve the city council of any responsibility for awaiting such analysis, and the city council may, at any time thereafter, take any necessary action to adopt or amend the zoning or other ordinance.
   3. 3.
      The city council may also, in its discretion, refer the report and the proposed boundaries to any other interested body for its recommendations prior to taking action to amend the zoning or other ordinance.
   4. 4.
      With respect to any changes in the boundaries of such district subsequent to its initial establishment, or the creation of additional districts, the investigative studies and reports required by subsection C.1. of this section shall be prepared by the historical preservation committee and shall be referred to the city planning and zoning board for its review and comment according to the procedures set forth in the zoning ordinance. Changes in the boundaries of an initial district or proposal for additional districts shall be submitted to the department of cultural resources in accordance with the provisions of subsection C.2. of this section.
   5. 5.
      Upon receipt of these reports and recommendations, the city council may proceed in the same manner as would otherwise be required for the adoption or amendment of any appropriate zoning or other ordinance provisions.

(Ord. No. 26-97, § 1, 9-2-97; Ord. No. 2020-23 , § 1(Exh. A), 10-19-20)

Effective on: 1/1/1901

1. A.
   No property shall be recommended for designation as an historic landmark unless it is deemed and found by the historical preservation committee to be of special significance in terms of its historical, prehistorical, architectural, or cultural importance. It must also possess integrity of design, setting, workmanship, materials, feeling and/or association.
2. B.
   Upon complying with the required landmark designation procedures set forth herein, the city council may adopt and, from time to time, amend or repeal an ordinance designating one or more historic landmarks.
3. C.
   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 city council deems necessary. For each building, structure, site, area or object so designated as a landmark, the ordinance shall require that the waiting period set forth in this chapter be observed prior to its demolition. A suitable sign for each property designated as a landmark may be placed on the property with the owner's consent; otherwise the sign may be placed on a nearby public right-of-way.
4. D.
   As a guide for the identification and evaluation of landmarks, the commission shall, at the earliest possible time and consistent with the resources available to it, undertake an inventory of properties of historical, architectural, prehistorical and cultural significance within the city's jurisdiction. Such inventories and any additions or revisions thereof shall be submitted as expeditiously as possible to the division of archives and history.
5. E.
   No property shall be designated as a landmark until the following steps have been taken:

   1. 1.
      The committee 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 report shall be forwarded to the Division of Archives and History, North Carolina Department of Cultural Resources.
   2. 2.
      The department of cultural resources, acting through the state historic preservation officer, or his or her designee, shall, either upon request of the department or at the initiative of the committee, be given an opportunity to review and comment upon the substance and effect of the designation of any landmark. All comments will be provided in writing. If the department does not submit its comments to the committee within 30 days following receipt by the department of the report, the committee and the city council shall be relieved of any responsibility to consider such comments.
   3. 3.
      The committee and the city council 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.
   4. 4.
      Following the public hearing(s), the city council may adopt the ordinance as proposed, adopt the ordinance with any amendments it deems necessary, or reject the proposed ordinance.
   5. 5.
      Upon adoption of the ordinance, the owners and occupants of each 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 committee in the office of the Register of Deeds of Transylvania County. Each landmark shall be indexed according to the name of the owner of the property in the grantor and grantee indexes in the register of deeds office and the committee shall pay a reasonable fee for filing and indexing, in accordance with G.S. 160D-402(d). For landmarks located in the city's jurisdiction, a second copy of the ordinance and all amendments thereto shall be kept on file in the office the city clerk and be made available for public inspection at any reasonable time. A third copy of the ordinance and all amendments shall be given to the 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 for such period as the designation remains in effect.
   6. 6.
      Upon the adoption of the landmark ordinance or any amendments thereto, it is the duty of the committee to give notice thereof to the tax supervisor of the county. 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.

(Ord. No. 26-97, § 1, 9-2-97; Ord. No. 2020-23 , § 1(Exh. A), 10-19-20)

Effective on: 1/1/1901

The following standards for certificates of appropriateness are in accordance with G.S. 160D-947.

1. 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 any above-ground utility structure, nor any type of outdoor advertising sign shall be erected, altered, restored, moved or demolished on such landmark or within the historic district until after an application for a certificate of appropriateness as to exterior features has been submitted to and approved by the historical preservation committee. Such a certificate is required to be issued by the historical preservation committee 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 chapter. A certificate of appropriateness shall be required whether or not a building or other permit is required.
2. B.
   For purposes of this chapter, "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, other appurtenant features, historic signs, color, and significant landscape, archaeological and natural features of the area. In the case of outdoor advertising signs, "exterior features" shall be construed to mean the style, material, size and location of all such signs.
3. C.
   The committee shall have no jurisdiction over interior arrangement, except as follows. The jurisdiction of the committee over interior spaces shall be limited to specific interior features of architectural, artistic, or historical significance in publicly owned landmarks; and of privately owned landmarks for which consent for interior review has been given by the owners. Such consent of an owner for interior review shall bind future owners and/or successors in title, provided such consent has been filed in the register of deeds office and indexed according to the name of the owner of the property in the grantor and grantee indexes. The landmark designation shall specify the interior features to be reviewed and the specific nature of the committee's jurisdiction over the interior.
4. D.
   The landmark or historic district regulation may provide, subject to prior adoption by the preservation commission of detailed standards, for staff review and approval as an administrative decision of applications for a certificate of appropriateness for minor work or activity as defined by the regulation; provided, however, that no application for a certificate of appropriateness may be denied without formal action by the preservation commission. Other than these administrative decisions on minor works, decisions on certificates of appropriateness are quasi-judicial and shall follow the procedures of G.S. 160D-406.

(Ord. No. 26-97, § 1, 9-2-97; Ord. No. 2020-23 , § 1(Exh. A), 10-19-20)

Effective on: 1/1/1901

There shall be a single standard for appropriate change in the districts or to the landmarks, expressed as follows: The historical preservation committee shall take no action under this chapter except to prevent the construction, reconstruction, alteration, restoration, moving or demolition of buildings, structures, appurtenant features, outdoor advertising signs or other significant features which would be incongruous with the special character of the historic district or landmark.

(Ord. No. 26-97, § 1, 9-2-97)

Effective on: 1/1/1901

No certificate of appropriateness shall be granted unless the committee finds that the application complies with the principles and standards adopted by the committee for review of exterior changes. The following design features shall be considered in reviewing applications for certificates of appropriateness:

1. A.
   Size of the building.
2. B.
   Height of the building.
3. C.
   Proportion of width to height of the total building facade.
4. D.
   Scale, determined by the size of the units of construction and architectural details in relation to the human scale and also by the relationship of the building mass to adjoining open space and nearby buildings and structures; maintenance of pedestrian scale.
5. E.
   General form and proportion of buildings and structures, and the relationship of additions to the main structure.
6. F.
   Lot coverage, defined as the percentage of the lot area covered by primary structures.
7. G.
   Setback, defined as the distance from the lot lines to the building.
8. H.
   Orientation of the building to the street.
9. I.
   Spacing of buildings, defined as the distance between adjacent buildings.
10. J.
    Architectural style.
11. K.
    General design.
12. L.
    Expression of architectural detailing.
13. M.
    General arrangement of the exterior of a building or other structure.
14. N.
    Roof shapes, forms and materials.
15. O.
    Kind and texture of building material and surfaces.
16. P.
    Type, style, size, proportion, shape, positioning, location, and pattern of all windows and doors, light fixtures, signs, and other appurtenant features.
17. Q.
    Style, material, size, and location of outdoor advertising signs.
18. R.
    Use of regional or local architectural traditions.
19. S.
    Color.
20. T.
    Significant landscape features.
21. U.
    Walls and fences: physical ingredients, such as brick, stone or wood walls, wrought iron fences, evergreen landscape masses, or combinations of these.
22. V.
    Ground cover or paving.
23. W.
    Significant natural features.
24. X.
    Significant archeological features.

(Ord. No. 26-97, § 1, 9-2-97; Ord. No. 2020-23 , § 1(Exh. A), 10-19-20)

Effective on: 1/1/1901

1. A.
   Prior to adoption by the historical preservation committee of detailed standards, upon receipt of a completed application, the committee administrator may review and approve applications for a certificate of appropriateness for minor works as defined below.
2. B.
   Minor works are defined as those exterior changes which do not involve substantial alterations, additions or removals that could impair the integrity of the property and/or district as a whole. Such minor work items shall be limited to those listed in the committee's rules of procedures.
3. C.
   No application for a certificate of appropriateness for a minor work may be denied without the formal action of the committee.
4. D.
   All minor works applications approved by the committee administrator shall be forwarded to the committee in time for its next scheduled meeting.

(Ord. No. 26-97, § 1, 9-2-97; Ord. No. 2020-23 , § 1(Exh. A), 10-19-20)

Effective on: 1/1/1901

The state (including its agencies, political subdivisions and instrumentalities), the county, the city, and all public utilities shall be required to obtain a certificate of appropriateness for construction, alteration, moving, or demolition within the historic district or on designated landmarks.

(Ord. No. 26-97, § 1, 9-2-97)

Effective on: 1/1/1901

The Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" shall be the sole principles and standards used in reviewing applications of the state for certificates of appropriateness.

(Ord. No. 26-97, § 1, 9-2-97; Ord. No. 2020-23 , § 1(Exh. A), 10-19-20)

Effective on: 1/1/1901

Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in an historic district or on a landmark which does not involve a change in design, materials, or outward appearance thereof; the ordinary maintenance or repair of streets, sidewalks, pavement marking, street signs, or traffic signs; [or] the construction, reconstruction, alteration, restoration or demolition of any such feature which the building inspector shall certify is required by the public safety because of an unsafe or dangerous condition. Nothing herein shall be construed to prevent the maintenance or, in the event of an emergency, the immediate restoration, of any existing above-ground utility structure without approval by the committee.

(Ord. No. 26-97, § 1, 9-2-97)

Effective on: 1/1/1901

1. A.
   Applications for a certificate of appropriateness shall be obtained from and, when completed, filed with the administrator for the historical preservation committee. The application shall be filed at least 21 days prior to the next regularly scheduled meeting of the committee. Each application shall be accompanied by sketches, drawings, photographs, specifications, descriptions and other information of sufficient detail to clearly show the proposed exterior alterations, additions, changes or new construction. The names and mailing addresses of property owners filing and/or subject to the application and the addresses of property owners within 100 feet on all sides of the property which is the subject of the application must also be filed. No application which does not include the aforementioned information will be accepted.
2. B.
   It shall be the policy of the committee, in regard to applications involving new construction or extensive alterations and/or additions to existing structures, that a subcommittee of the committee shall be available to meet with persons involved in planned or pending applications in order to advise them informally at an early stage in the development process concerning the committee's standards, the nature of the area where the proposed project will take place, and other relevant factors. The members of the subcommittee, collectively and individually, shall refrain from any indication of approval or disapproval. Advice or opinions given by any member of the subcommittee at such an informal meeting shall not be considered official or binding upon the committee.

(Ord. No. 26-97, § 1, 9-2-97; Ord. No. 2020-23 , § 1(Exh. A), 10-19-20)

Effective on: 1/1/1901

1. A.
   Prior to the issuance or denial of a certificate of appropriateness, the applicant and other property owners likely to be materially affected by the application shall be given an opportunity to be heard. The committee shall notify, by mail, not less than one week prior to the meeting at which the matter is to be heard, the owners of property within 100 feet on all sides of the subject property. The committee may hold a public hearing on any application when deemed necessary.
2. B.
   Applications for certificates of appropriateness shall be acted upon within 90 days after filing; otherwise, the application shall be deemed to be approved and a certificate shall be issued. An extension of time may be granted by mutual consent of the committee and the applicant.
3. C.
   As part of the review procedures, the committee may view the premises and seek the advice of the department of cultural resources or other such expert advice as it may deem necessary under the circumstances.
4. D.
   The action on the application shall be approval, approval with conditions or denial. The decision of the committee must be supported by specific findings of fact indicating the extent to which the application is or is not congruous with the special character of the historic district or landmark.

(Ord. No. 26-97, § 1, 9-2-97)

Effective on: 1/1/1901

1. A.
   In any action granting or denying a certificate of appropriateness, an appeal by an aggrieved party may be taken to the board of adjustment in accordance with G.S. 160D-947.
2. B.
   Written notice of the intent to appeal must be sent to the committee, postmarked within 30 days following the decision. Appeals shall be in the nature of certiorari. Appeals of decision of the board of adjustment shall be heard by the superior court of the county.
3. C.
   The state shall have a right of appeal to the state historical committee, which shall render its decision within 30 days from the date that a notice of appeal by the state is received by the historical committee. The decision of the historical committee shall be final and binding upon both the state and the committee.

(Ord. No. 26-97, § 1, 9-2-97; Ord. No. 2020-23 , § 1(Exh. A), 10-19-20)

Effective on: 1/1/1901

1. A.
   Compliance with the terms of the certificate of appropriateness shall be enforced by the zoning administrator or the committee. Failure to comply with the certificate shall be a violation of the zoning ordinance and is punishable according to established procedures and penalties for such violations.
2. B.
   In case any building, structure, site, area or object designated as a landmark or within a historic district is about to be demolished, whether as a result of deliberate neglect or otherwise, materially altered, remodeled, removed or destroyed, except in compliance with this chapter, the city council, the committee, or other party aggrieved by such action may institute any appropriate action or proceeding 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 a building or structure.

(Ord. No. 26-97, § 1, 9-2-97)

Effective on: 1/1/1901

1. A.
   An application for a certificate of appropriateness authorizing the demolition, removal, or destruction of a designated landmark or a building, structure or site within an historic district may not be denied, except as provided in subsection C. below; however, the effective date of such a certificate may be delayed for up to 365 days from the date of approval. The period of delay shall be reduced by the committee if it finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return from such property by virtue of the delay. During the delay period, the committee shall negotiate with the owner in an effort to find a means of preserving the building, structure or site. If the committee finds that a building, structure or site has no special significance or value toward maintaining the character of a district, it shall waive all or part of such period of delay and authorize earlier demolition or removal.
2. B.
   If the committee has voted to recommend the designation of a landmark or the designation of an area as an historic district, and final designation has not been made by the city council, the demolition or destruction of any building, structure or site in the proposed district or on the property of the designated landmark may be delayed by the committee for up to 180 days or until the city council takes final action on the designation, whichever occurs first.
3. C.
   The city council may enact an ordinance to prevent the demolition by neglect of any designated landmark or any structure or building within the established historic district. Such ordinance shall provide appropriate safeguards to protect property owners from undue hardship.
4. D.
   An application for a certificate of appropriateness authorizing the demolition of a building, structure or site 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 committee finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return by virtue of the denial.

(Ord. No. 26-97, § 1, 9-2-97)

Effective on: 1/1/1901

Ord. No. 26-97, § 1, adopted Sept. 2, 1997, did not specifically amend the Code; hence, inclusion herein as UDO Ch. 20, §§ 20.1—20.14, was at the editor's discretion. 

Effective on: 1/1/1901