4-4.1   DESIGNATION APPLICATION

A property owner, or other interested party, may request that a property be designated as a Local Historic Landmark (LHL) by application to the Commission. Requests for designation shall be made on forms provided by the Commission. An application fee may be required by the Commission for processing of the application.

4-4.2   DESIGNATION CRITERIA

The Commission shall adopt local criteria by which properties may be considered for designation as historic landmarks.

4-4.3   DESIGNATION PROCEDURES

No ordinance designating an historic landmark nor any amendment thereto may be adopted, nor may any designated historic landmark be accepted or acquired by the Commission until the following procedural steps have been taken:

(A)

The Commission shall adopt Rules of Procedure.

(B)

The Commission shall prepare and adopt principles and design review standards for altering, restoring, moving, or demolishing properties designated as historic landmarks.

(C)

In accordance with G.S. 160A-400.6(2), the Commission shall make or cause to be made an investigation and report on the archaeological, historical, architectural, educational, or cultural significance of each building, structure, site, area, or object proposed for designation or acquisition. The investigation and report shall be forwarded to the Division of Archives and History, North Carolina Department of Cultural Resources.

(D)

In accordance with G.S. 160A-400.6(3), the North Carolina Department of Cultural Resources shall be given the opportunity to review and comment upon the substance and effect of the designation of any historic landmark. Any comments shall be provided in writing. If the Department of Cultural Resources does not submit its comments within thirty (30) days following receipt by the Department of the investigation and report, the Commission and the Elected Body are relieved of any responsibility to consider such comments.

(E)

The Commission shall hold a public hearing on the proposed designation ordinance. It shall recommend to the Elected Body, as appropriate, approval of designation or denial of designation of the proposed historic landmark.

(F)

The Elected Body, as appropriate, shall hold a public hearing on the proposed designation ordinance. Following the public hearing, the Elected Body may adopt the designation ordinance as proposed, adopt the designation ordinance with any amendments it deems necessary, or reject the proposal.

(G)

Upon adoption of the designation ordinance, the following provisions shall apply:

(1)

The owners and occupants of each designated historic landmark shall be given written notification of such designation by Commission staff, insofar as reasonable diligence permits.

(2)

One copy of the ordinance and each amendment thereto shall be filed by the Commission staff in the office of the Register of Deeds of Forsyth County. Each historic landmark designated in the ordinance 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.

(3)

One copy of the ordinance and each amendment thereto shall be given to the appropriate Inspections Division.

(4)

One copy of the ordinance and each amendment thereto shall be kept on file in the office of the appropriate County/City/Town/Village Clerk, and made available for public inspection at any reasonable time.

(5)

The fact that a building, structure, site, area or object has been designated as an historic landmark shall be clearly indicated on all tax maps maintained by Forsyth County for such period as the designation remains in effect.

(6)

The Commission shall give notice of the adoption of a designation ordinance and any amendment thereof to the Forsyth County Tax Supervisor. The designation and any recorded restriction upon the property limiting its use for preservation purposes shall be considered by the Tax Supervisor in appraising the property for tax purposes.

( C-UDO-83 , § 38, 6-28-21)

4-4.4   LHL REGULATIONS

(A)

Permitted Uses .....All uses permitted in the existing residential and nonresidential zoning district, whether by right or as a special use, shall be permitted for each LHL according to the procedures established for such uses.

(B)

Dimensional Requirements

(1)

Requirements. .....All buildings and structures designated as an LHL shall comply with the dimensional requirements established in the design review standards adopted for each separate LHL. Design review standards are addressed in Section B.6-2.9(F) Standards for Review.

(2)

Exceptions to Dimensional Requirements Due to Authentic Restoration of Reconstruction. .....In the event that the Commission finds that an application for a building permit covers activity constituting an authentic restoration or reconstruction in the same location as the original location and in the original conformation of the structure of historic and/or architectural significance to LHL, said building or structure may be restored or reconstructed without compliance with dimensional requirements of Section B.3-1.

Any items restored, reconstructed or maintained over, on, or within public sidewalks, public alley areas, or other such public way shall be the responsibility of the owner. The owner's restoration, reconstruction, or maintenance of any such item shall constitute the owner's agreement to protect and hold the County/City/Town/Village blameless against any and all liability, cost, damage, or expense suffered or sustained by the County/City/Town/Village as a result of or growing out of the restoration, reconstruction, or maintenance. Such items so approved, may be lawfully restored, reconstructed, or maintained. Any such item projecting over the street or alley shall be, at its lowest point, twelve (12) feet above the travel way unless located in the H District. If located in an H District see Section B.4-6.1(C)(2). The provisions of this subsection shall prevail over inconsistent or conflicting provisions of this Ordinance.

(C)

Nonconforming Structures and Improvements .....Any LHL existing prior to December 31, 1994 shall be exempt from the current dimensional requirements in Section B.3-1 and Section B.3-3 which includes off street parking requirements. Such exemptions shall be based upon the structure's use at that time, which includes the number of permitted parking spaces for the site and use. In no instance shall the structure's use be allowed to convert to a more intense use as per the parking requirements of Section B.3-3 without first meeting the additional parking needs of the new use.

( C-UDO-83 , § 38, 6-28-21)

4-5.1   H HISTORIC DISTRICT

(A)

The H District is established as a separate use district. The purpose of the H District is to:

(1)

Safeguard the heritage of the community by preserving those areas that embody important elements of the community's culture, history, architectural history, or archaeology; and,

(2)

Promote the use and conservation of such areas for the education, pleasure, and enrichment of the residents of Forsyth County and the State.

(B)

The boundaries of the H Districts are shown on the Official Zoning Maps.

4-5.2   HO HISTORIC OVERLAY DISTRICT

(A)

The HO District is established as a district which overlays existing zoning districts in designated historic areas. The purpose of the HO District is to:

(1)

Safeguard the heritage of the community by preserving those areas that embody important elements of the community's culture, history, architectural history, or archaeology; and,

(2)

Promote the use and conservation of such areas for the education, pleasure, and enrichment of the residents of Forsyth County and the State.

(B)

The boundaries of the HO Districts are shown on the Official Zoning Maps.

4-5.3   ESTABLISHMENT AND AMENDMENT PROCEDURE

(A)

Establishment .....The Elected Bodies may designate one or more geographic areas as an H or HO District. The following shall be the procedure for establishing H or HO Districts:

(1)

Requests for establishment of H or HO Districts may be made in any one of the following methods:

(a)

By the Elected Bodies of Forsyth County;

(b)

By property owners within an affected area;

(c)

By a neighborhood group, association, or coalition;

(d)

At the initiative of the Commission.

(2)

All requests shall first be presented to the Commission. The Commission shall conduct a preliminary consideration of the request to determine the eligibility of the general area proposed to become an H or HO District.

(3)

If the Commission determines by vote that said general area is ineligible to become an H or HO District, the Commission shall report such determination to the appropriate Elected Body. The Elected Body may accept the determination of the Commission, or it may direct the Commission to proceed in accordance with this Article as if the Commission's determination had been that said general area was eligible to become an H or HO District.

(4)

If the Commission determines by vote that said general area is eligible to become an H or HO District, it shall notify property owners within said general area, through first class mail, that establishment of a designated historic district has been proposed and that the formation of a task force to prepare a detailed study for such establishment will be considered by the Commission at a specified date and time.

(5)

The Commission may appoint a task force to develop design review guidelines and boundaries for said general area. The task force shall be composed primarily of individuals representing various interests in said general area.

(6)

After developing design review standards and boundaries, the task force shall report to the Commission.

(7)

The Commission shall review the design review standards and boundaries and shall then vote on whether to accept the task force report.

(8)

Once the task force report has been accepted, the Commission shall schedule at least two (2) public informational meetings about the proposed district. Property owners within the proposed boundary area shall be notified of the public informational meetings through first class mail and through notice in a newspaper having general circulation in the area.

(9)

The Commission shall hold the public informational meetings and receive questions and comments.

(10)

The Commission shall consider revisions to the proposed design review standards and boundaries, as necessary, and prepare final proposed design review standards and boundaries.

(11)

The Commission shall prepare and submit a report to the Director of Planning and the North Carolina Department of Cultural Resources. The report shall include, but not be limited to, the following information:

(a)

A boundary description of the area;

(b)

A map at a scale of not less than one inch represents two hundred (200) feet (1" equals 200'), showing the boundaries of the proposed area; and,

(c)

A description of the significance of the area, including its buildings, structures, features, sites, or surroundings.

(12)

The North Carolina Department of Cultural Resources shall submit an analysis of, and recommendations concerning, the report described in Section B.4-5.3(A)(11) to the Elected Body. Failure of the North Carolina Department of Cultural Resources to submit written analysis and recommendations to the Elected Body within thirty (30) calendar days after a written request for such analysis has been received by the Department of Cultural Resources shall relieve the County/City/Town/Village of any responsibility for awaiting such analysis, and the Elected Body may at any time thereafter take any necessary action to adopt or amend its zoning ordinance.

(13)

Once all the previous procedural steps have been met, an application for rezoning the said general area to an H or HO District shall be accepted. The County/City/Town/Village shall proceed in the same manner as would otherwise be required for a change in the Zoning Ordinance and the request shall be processed according to the procedures set forth in Article VI of this Ordinance. In addition, the design review standards for the proposed district shall be made available to the Elected Body for its review and comment.

(14)

Sections B.4-5.3(A)(1)—(9) shall not apply to a rezoning petition for a proposed H or HO District for which a task force has been previously appointed to study said general area and has submitted a report to the Commission.

(B)

Amendment .....The following shall be required to amend, supplement, change, modify, or repeal any district boundaries of the H or HO Districts.

(1)

The Commission shall prepare and submit a report to the Director of Planning and the North Carolina Department of Cultural Resources. The report shall include, but not be limited to, the following information:

(a)

A boundary description of the area;

(b)

A map at a scale of not less than one inch represents two hundred (200) feet (1" equals 200'), showing the boundaries of the proposed area; and,

(c)

A description of the significance of the area, including its buildings, structures, features, sites, or surroundings.

(2)

The North Carolina Department of Cultural Resources shall include an analysis of and recommendations concerning the report described in Section B.4-5.3(B)(1) to the Elected Body. Failure of the North Carolina Department of Cultural Resources to submit written analysis and recommendations to the Elected Body within thirty (30) calendar days after a written request for such analysis has been received by the Department of Cultural Resources shall relieve the County/City/Town/Village of any responsibility for awaiting such analysis, and the Elected Body may at any time thereafter take any necessary action to adopt or amend its zoning ordinance.

(3)

Once all the previous procedural steps have been met, an application to amend, supplement, change, modify, or repeal any district boundaries of the H or HO Districts shall be accepted. The County/City/Town/Village shall proceed in the same manner as would otherwise be required for a change in the Zoning Ordinance and the request shall be processed according to the procedures set forth in Article VI of this Ordinance.

( C-UDO-83 , § 39, 6-28-21)

4-6.1   H DISTRICT REGULATIONS

(A)

Permitted Uses .....In H Districts, the following principal and accessory uses are permitted:

(1)

Any use found by the Commission to have existed on the particular property in or prior to 1856 in the Old Salem Historic District, and in or prior to 1832 in the Bethabara Historic District;

(2)

Any single family residential use which is allowed without a special use permit from the Board of Adjustment;

(3)

A religious institution, college or university, or operation of an historic preservation organization with purposes related to the district; and,

(4)

Uses normally accessory to the principal uses permitted above.

(B)

Nonconforming Uses .....Prior to its acting upon an application for a special use permit pursuant to Article VI of this Ordinance to expand or convert a nonconforming use in the H Districts, the Board of Adjustment shall first receive the recommendation of the Commission with respect to such application.

(C)

Dimensional Requirements for New Construction

(1)

Requirements. .....All buildings and structures in the H Districts shall comply with the following yard and height provisions:

(a)

Front Yard. .....No building or part of a building, other than steps, open porches, overhanging eaves, and cornices, shall extend nearer to a front street line than the average distance of the setbacks of the principal buildings on the same block and on the same side of the street within one hundred (100) feet from the zoning lot in either direction. Provided, however, that in no case shall the front setback be less than eight (8) feet, and no building shall be required to set back more than forty (40) feet from the front street line.

(b)

Side Yards. .....There shall be a side yard of not less than seven (7) feet on each side of the principal building. This restriction shall not apply to accessory buildings.

(c)

Rear Yard. .....There shall be a rear yard with a depth of not less than thirty-five (35) feet. When a building extends through from street to street, the front yard restrictions shall be observed on both streets.

(d)

Height. .....No building shall exceed a height of thirty-five (35) feet.

(2)

Exceptions to Dimensional Requirements Due to Authentic Restoration and Reconstruction. .....In the event that the Commission finds that an application for a building permit covers activity constituting an authentic restoration or reconstruction of a building or structure that existed at the same location in or prior to 1856 in the Old Salem Historic District or in or prior to 1832 in the Bethabara Historic District, said building or structure may be restored or reconstructed without compliance with dimensional requirements in Section B.3-1.

Any items restored, reconstructed, or maintained over, on, or within public sidewalks, public alley areas, or other such public way shall be the responsibility of the owner. The owner's restoration, reconstruction, or maintenance of any such item shall constitute the owner's agreement to protect and hold the County/City/Town/Village blameless against any and all liability, cost, damage, or expense suffered or sustained by the County/City/Town/Village as a result of or growing out of the restoration, reconstruction, or maintenance. Such items, so approved, may be lawfully restored, reconstructed, or maintained. Any such item projecting over the street or alley shall be, at its lowest point, seven (7) feet above the travel way. The provisions of this subsection shall prevail over inconsistent or conflicting provisions of this Ordinance.

(D)

Nonconforming Structures and Improvements .....In the H Districts, any habitable structure existing prior to December 31, 1994 shall be exempt from the current dimensional requirements in Section B.3-1 and Section B.3-3, which includes off-street parking requirements. Such exemptions shall be based upon the structure's use as of December 31, 1994, which includes the number of required parking spaces for the site and use. In no instance shall the structure's use be allowed to convert to a more intense use as per the parking requirements of Section B.3-3 without first meeting the additional parking needs of the new use.

(E)

Animals .....In the H Districts, the keeping of swine, goats, geese, or peafowl is allowed.

( C-UDO-83 , § 40, 6-28-21)

4-6.2   HO DISTRICT REGULATIONS

(A)

Permitted Uses .....The HO District is established as a district which overlays existing residential and nonresidential zoning districts in certain areas with historic resources. All uses permitted in these residential and nonresidential districts, whether by right or as a special use, shall be permitted in the HO District according to the procedures established for such uses.

(B)

Dimensional Requirements

(1)

Requirements . All buildings and structures in the HO Districts shall comply with the dimensional requirements established in the design review standards adopted for each separate HO District. Design review standards are addressed in Section B.6-2.9(F) Standards for Review.

(2)

Exceptions to Dimensional Requirements Due to Authentic Restoration or Reconstruction . In the event that the Commission finds that an application for a building permit covers activity constituting an authentic restoration or reconstruction in the same location as the original location and in the original conformation of the structure of historic and/or architectural significance to the HO District, said building or structure may be restored or reconstructed without compliance with dimensional requirements in Section B.3-1.

Any items restored, reconstructed, or maintained over, on, or within public sidewalks, public alley areas, or other such public way shall be the responsibility of the owner. The owner's restoration, reconstruction, or maintenance of any such item shall constitute the owner's agreement to protect and hold the County/City/Town/Village blameless against any and all liability, cost, damage, or expense suffered or sustained by the County/City/Town/Village as a result of or growing out of the restoration, reconstruction, or maintenance. Such items, so approved, may be lawfully restored, reconstructed, or maintained. Any such item projecting over the street or alley shall be, at its lowest point, twelve (12) feet above the travel way. The provisions of this subsection shall prevail over inconsistent or conflicting provisions of this Ordinance.

(C)

Nonconforming Structures and Improvements .....In the HO districts, any habitable structure existing prior to December 31, 1994 shall be exempt from the current dimensional requirements in Section B.3-1 and Section B.3-3, which includes off-street parking requirements. Such exemptions shall be based upon the structure's use as of December 31, 1994, which includes the number of required parking spaces for the site and use. In no instance shall the structure's use be allowed to convert to a more intense use as per the parking requirements of Section B.3-3 without first meeting the additional parking needs of the new use.

(D)

Parking Variance .....Where the Commission, in considering an application for a certificate of appropriateness, finds that the number of off-street parking spaces required by this Ordinance for a building or structure within an H or HO District or a designated Local Historic Landmark would render the building incongruous with the historic aspects of the designated district, it may recommend to the Board of Adjustment a variance, in part or in whole, of the off-street parking requirements. The Board of Adjustment may authorize a lesser number of off-street parking spaces, provided:

(1)

The Board of Adjustment finds that the lesser number of off-street parking spaces will not create problems due to increased on-street parking; and,

(2)

The Board of Adjustment finds that the lesser number of off-street parking spaces will not constitute a threat to the public safety.

( C-UDO-83 , § 41, 6-28-21)