There is hereby established a Historic Preservation Commission of Greenville which shall serve jointly as a historic district and a historic landmarks commission for the city under the authority of the North Carolina General Statutes Chapter 160D, Article 9, Part 4. The Preservation Commission, performing the duties of both a Historic Districts Commission and a historian, shall conform their actions to this chapter and the statutory directive when acting in either capacity.

(1971 Code, § 9-10-1) (Ord. No. 1925, § 1, passed 12-8-1988; Ord. No. 2186, § 1, passed 5-10-1990; Ord. No. 21-032, § 1, passed 6-21-2021)

   For the purpose of this chapter only, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1971 Code, § 9-10-2) (Ord. No. 1925, § 1, passed 12-8-1988; Ord. No. 2186, § 2, passed 5-10-1990; Ord. No. 21-032, § 1, passed 6-21-2021)

   (A)   Until January 31, 1997, the Commission shall consist of 11 members. Thereafter the Commission shall consist of ten members. All members shall reside within the planning and zoning jurisdiction of the city. In addition, a majority of the members of the Preservation Commission shall have demonstrated special interest, experience or education in history, architecture, archaeology or related fields.

   (B)   Commission members duly appointed and currently serving on the Commission as of the effective date of this chapter may continue to serve for the remainder of that member’s current term, and the eligibility of any member for reappointment to a subsequent term shall not be affected. Commission members shall serve overlapping terms of three years, with appointment of replacements or reappointment as provided in subsection (C), below.

   (C)   (1)   The terms of office shall be configured as follows:

         (a)   Three members shall be appointed or reappointed for three-year terms in January 1997.

         (b)   Three members shall be appointed or reappointed for three-year terms in January 1998.

         (c)   Four members shall be appointed or reappointed for three-year terms in January 1999.

      (2)   The appointments or reappointments for expiring terms shall occur every year thereafter for the terms expiring in that year.

   (D)   For purposes of taking action on any matter that the Commission is required by law or ordinance to act on, a quorum of the Commission shall consist of five members.

   (E)   The members of the Historic Preservation Commission shall be appointed by and will serve at the pleasure of the City Council.

   (F)   The Historic Preservation Commission shall select from among its members a Chairperson and Vice-Chairperson who shall be elected annually by the members.

   (G)   Upon its first formal meeting, and prior to performing any duties under this chapter or under the authority of the North Carolina General Statutes, the Historic Preservation Commission shall adopt rules of procedure governing the Commission’s actions which are not governed by this chapter or the General Statutes.

(1971 Code, § 9-10-3) (Ord. No. 1925, § 1, passed 12-8-1988; Ord. No. 2186, § 3, passed 5-10-1990; Ord. No. 96-107, § 1, passed 11-14-1996)

   Any member of the Historic Preservation Commission who misses three consecutive regularly scheduled meetings or fails to attend 75% of the regularly schedule meetings in a calendar year shall lose his or her status as a member of the Commission and shall be replaced by the City Council pursuant to section 9-7-3 of this chapter. Absence due to sickness, death in the family or other emergencies of like nature shall be recognized as excused absences, as approved by the Chairperson, and shall not affect the member’s status on the Commission. In the event of a long illness or any other such cause for prolonged absence, the member shall be replaced.

(1971 Code, § 9-10-4) (Ord. No. 1925, § 1, passed 12-8-1988; Ord. No. 2186, § 4, passed 5-10-1990)

   The Historic Preservation Commission shall establish a meeting time, and shall meet at least quarterly and more often as it shall determine and require.

(1971 Code, § 9-10-5) (Ord. No. 1925, § 1, passed 12-8-1988)

   The Commission shall keep permanent minutes of all its meetings, which shall be a public record. The minutes shall record attendance of its members, its resolutions, findings, recommendations and actions.

(1971 Code, § 9-10-6) (Ord. No. 1925, § 1, passed 12-8-1988)

   All members of the Commission shall have equal rights, privileges and duties in all matters, whether they reside within the corporate limits of the city or in the extraterritorial jurisdiction of Greenville.

(1971 Code, § 9-10-7) (Ord. No. 1925, § 1, passed 12-8-1988)

   All members of the Commission shall serve without compensation, except that they may be reimbursed for actual expenses incident to the performance of their duties within the limits of any fund available to the Commission.

(1971 Code, § 9-10-8) (Ord. No. 1925, § 1, passed 12-8-1988)

   (A)   The Commission shall adopt rules of procedure for the conduct of its business; and principles and guidelines for new construction, alterations, additions, moving and demolition of designated historic properties and properties in historic districts.

   (B)   A member of the Commission shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible conflicts include, but are not limited to. a member having a fixed opinion prior to hearing the matter than is not susceptible to change: undisclosed ex parte communications: a close familial, business, or other associational relationship with an affected person: or a financial interest in the outcome of the matter. If an objection is raised to a member's participation and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection (G.S. 160D-109(d)).

(1971 Code, § 9-10-9) (Ord. No. 1925, § 1, passed 12-8-1988; Ord. No. 21-032, § 1, passed 6-21-2021)

   The City Council shall have the right to accept gifts and donations in the name of the city for historic preservation purposes.

(1971 Code, § 9-10-10) (Ord. No. 1925, § 1, passed 12-8-1988)

   (A)   The designation of a historic landmark or district shall be effective through an ordinance passed by the City Council.

   (B)   Upon compliance with the North Carolina General Statutes, the City Council may adopt and, from time to time, amend or repeal an ordinance designating one or more properties or districts.

   (C)   No landmark or district shall be recommended for designation unless it is deemed to be of special significance in terms of its history, prehistory, architecture and/or cultural importance. The landmark or district must lie within the planning and zoning jurisdiction of the city.

(1971 Code, § 9-10-14) (Ord. No. 1925, § 1, passed 12-8-1988; Ord. No. 2186, § 6, passed 5-10-1990)

   The Commission shall be authorized within the planning and zoning jurisdiction of the city to:

   (A)   Undertake an inventory of landmarks of historical, prehistorical, architectural, and/or cultural significance;

   (B)   Recommend to the City Council areas to be designated by ordinance as a “historic district;” and individual structures, buildings, sites, areas, or objects to be designated by ordinance as a “historic landmark;”

   (C)   Recommend to the City Council that the city acquire, by any lawful means, the fee or any lesser included interest, including options to purchase, of landmarks within designated districts or of any such designated landmarks, to hold, manage, preserve, restore and improve the same, and to exchange or dispose of the landmark 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 landmark;

   (D)   Restore, preserve and operate historic landmarks;

   (E)   Recommend to the City Council that designation of any area as a historic district or part thereof, or designation of any building, structure, site, area or object as a historic landmark, be revoked or removed;

   (F)   Conduct an educational program with respect to historic landmarks and districts within its jurisdiction;

   (G)   Cooperate with the federal, state and local governments in pursuance of the purposes of historic preservation, and to offer or request assistance, guidance or advice concerning matters under its purview or of mutual interest;

   (H)   Enter, solely in performance of its official duties and only at reasonable times, upon private lands, following written notification, 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;

   (I)   Prepare and recommend the official adoption of a preservation element as part of the city’s Comprehensive Plan;

   (J)   Review and act upon proposals for alterations, demolitions or new construction within historic districts, or for the alteration or demolition of designated properties;

   (K)   Recommend to City Council the negotiations 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;

   (L)   Propose changes to this chapter or any related ordinance and to propose new ordinances or laws relating to historic landmark districts, or to the total programs for the development of the historical resources of the city and its environs;

   (M)   Give advice to property owners concerning the treatment of the historical and visual characteristics of their properties such as color schemes, garden and landscape features, and minor decorative elements;

   (N)   Take steps, during the period of postponement of demolition or alteration of any historic landmark, to ascertain what the City Council can or may do to preserve such property, including consultation with private civic groups, interested private citizens and other public boards or agencies and including investigation of potential acquisition by the City Council when the preservation of a given historic landmark is clearly in the interest of the general welfare of the community and the property is of certain historic and architectural significance;

   (O)   Establish procedures under which the Director of Planning and Development Services, or his or her designee, may approve minor works In conformance with adopted standards on behalf of the Commission. No application shall be denied without first being considered by the Commission;

   (P)   Conduct evidentiary hearings on applications for certificate of appropriateness where the Commission deems that such a hearing is necessary;

   (Q)   Assist the city staff in obtaining the services of private consultants to aid in carrying out programs of research or analysis;

   (R)   Publish information about, or otherwise inform the public of any matters pertinent to its purview, duties, organization, procedures, responsibilities, functions or requirements as its budget may allow; and

   (S)   Report violations of this chapter or related ordinances with respect to historic properties to the Chief Building Inspector.

   (T)   Post on the site that is the subject of an evidentiary hearing, as authorized under G.S. Chapter 160D, Article 9, Part 4 or this chapter, or on an adjacent street or highway right-of-way of the site that is the subject of a public hearing under G.S. Chapter 160D, Article 9, Part 4 or this chapter, a notice of evidentiary hearing or a notice of the issuance of a certificate of appropriateness in accordance with the Historic Preservation Commission, Greenville, North Carolina Rules of Procedure.

(1971 Code, § 9-10-15) (Ord. No. 1925, § 1, passed 12-8-1988; Ord. No. 2186, § 7, passed 5-10-1990; Ord. No. 06-75, § 2, passed 8-10-2006; Ord. No. 19-014, § 1, passed 2-14-2019; Ord. 19-045, § 1, passed 9-12-2019; Ord. No. 21-032, § 1, passed 6-21-2021)

   (A)   Generally.

      (1)   After the designation of a historic 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 the designated landmark or district until after an application for a certificate of appropriateness has been submitted to and approved by the Historic Preservation Commission. The Commission shall have no jurisdiction over the interior arrangement, except as provided in subsection (B) below, and shall take no action except to prevent the construction, reconstruction, alteration, restoration, moving or demolition of buildings, structures, appurtenant fixtures, outdoor advertising signs or other significant features which would be incongruous with the special character of the historic landmark or historic district.

      (2)   The certificate of appropriateness shall be issued prior to the issuance of a building or other permit, and shall be required whether or not a building or other permit is required.

      (3)   The discontinuance of work or the lack of progress toward achieving compliance with a certificate of appropriateness for a period of six months shall render the certificate null and void, and application shall be made for a new certificate before work can recommence.

      (4)   The issuance of a certificate of appropriateness does not run with the land and cannot be conveyed in the sale of property.

   (B)   Interiors. The Commission may have jurisdiction over the interior, but shall be limited to specific interior features of architectural, artistic or historical significance in publicly owned historic landmarks, and in privately owned historic landmarks for which consent for interior review has been given by the owner. The 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 and indexed according to the name of the owner of the landmark in the grantee and grantor indexes. The ordinance designating such interior shall specify the interior features to be covered and the nature of the Commission’s jurisdiction over the interior.

   (C)   Public utilities. The city and all public utility companies shall be required to obtain a certificate of appropriateness prior to initiating work in a historic district for any changes in the character of street paving, sidewalks, trees, utility installations, lighting, walls, fences, structures and buildings on property, easements or streets owned or franchised by the city or public utility companies.

(1971 Code, § 9-10-17) (Ord. No. 1925, § 1, passed 12-8-1988; Ord. No. 2186, § 9, passed 5-10-1990)

   (A)   Application submitted to appropriate administrative official. An application for a certificate of appropriateness shall be obtained from and, when completed, filed with the Director of Planning and Development Services or designee in the Community Development Department.

   (B)   Contents of application.

      (1)   The application shall, in accordance with the Historic Preservation Commission’s rules of procedure, contain data that is reasonably necessary to determine the nature of the application. An application for a certificate of appropriateness shall not be considered complete until all required data has been submitted.

      (2)   Nothing shall prevent the applicant from filing with the application additional relevant information bearing on the application.

   (C)   Notification of affected property owners. Prior to any action taken on a certificate of appropriateness, the owners of any landmark likely to be materially affected by the application shall be notified in writing, and the applicant and such owners shall be given an opportunity to be heard.

   (D)   Evidentiary hearing. When an application is presented to the Historic Preservation Commission an evidentiary hearing may be held when deemed necessary.

    (E)   Action on an application.

      (1)   The action on an application shall be approval, approval with modifications, or denial.

      (2)   Prior to any action on an application, the review criteria in section 9-7-15 and the Commission’s design standards shall be used to make findings of fact indicating the extent to which the application is or is not congruous with the historic aspects of the designated landmark or district.

      (3)   All applications for certificates of appropriateness shall be reviewed and acted upon within a reasonable time as defined by the rules of procedure. As part of this review procedure, the Commission may view the premises and seek advice from the Department of Cultural Resources or other such expert advice as it may deem necessary under the circumstances.

   (F)   Appeal. 

      (1)   An appeal may be taken to the Board of Adjustment from the Commission’s action in granting or denying any certificate and shall be in the nature of certiorari as provided by G.S. 160D-1402.

      (2)   Any appeal from the Board of Adjustment’s decision in any such case shall be heard by the Superior Court of Pitt County as provided by applicable laws G.S. 160D-1402.

   (G)   Submission of new application. If a certificate of appropriateness is not issued, a new application affecting the same landmark may be submitted only if substantial change is made in plans for the proposed construction, reconstruction, alteration, restoration or moving.

(1971 Code, § 9-10-18) (Ord. No. 1925, § 1, passed 12-8-1988; Ord. No. 2186, § 10, passed 5-10-1990; Ord. 19-045, § 1, passed 9-12-2019; Ord. No. 21-032, § 1, passed 6-21-2021)

   (A)   Intent. 

      (1)   It is the intent of these criteria to ensure, insofar as possible, that changes to a designated landmark in a historic district shall be in harmony with the reasons for designation.

      (2)   When granting a certificate of appropriateness, the Commission shall take into account the historic or architectural significance of the structure under consideration and the exterior form and appearance of any proposed additions or modifications to that structure as well as the effect of such change or additions upon other structures in the vicinity. In a historic district it is not the intention of these standards to require the reconstruction or restoration of individual or original buildings or prohibit the demolition or removal of same or to impose architectural styles from particular historic periods. In considering new construction in a historic district, the Commission may encourage contemporary design which is harmonious with the character of the district.

   (B)   Form and appearance.

      (1)   The Historic Preservation Commission shall adopt detailed standards which will take into account the historic and architectural significance and visual and historic elements for each designated historic district.

      (2)   The following criteria shall be considered, when relevant, along with other appropriate standards including “The Secretary of the Interior’s Standards for Rehabilitating Historic Buildings,” in reviewing applications for a certificate of appropriateness:

         (a)   Lot coverage, defined as the percentage of lot area covered by primary structures;

         (b)   Setback, defined as the distance from the lot lines to the building(s);

         (c)   Building height;

         (d)   Spacing of buildings, defined as the distance between adjacent buildings;

         (e)   Building materials;

         (f)   Proportion, shape, positioning, location, pattern and sizes of any elements of fenestration;

         (g)   Surface textures;

         (h)   Roof shapes, forms and materials;

         (i)   Use of local or regional architectural traditions;

         (j)   General form and proportions of buildings and structures, and relationship of any additions to the main structure;

          (k)   Expression of architectural detailing, such as lintels, cornices, brick bond, and foundation materials;

         (l)   Orientation of the building to the street;

         (m)   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;

         (n)   Proportion of width to height of the total building facade;

         (o)   Archaeological sites and resources association with standing structures;

         (p)   Major landscaping efforts that would impact known archaeological sites;

         (q)   Appurtenant fixtures and other features, such as lighting;

         (r)   Structural condition and soundness;

         (s)   Walls, physical ingredients, such as brick, stone or wood walls, wrought iron fences, evergreen landscape masses, building facades, or combinations of these;

         (t)   Maintenance of pedestrian scale and orientation as well as provision for safe pedestrian movement; and

         (u)   Other exterior construction, including surfaced areas and signs.

   (C)   Conditions to certain approvals. In the event that the Historic Preservation Commission, in reviewing an owner’s proposed plans, shall find that a building or structure for which a building permit is required is to be an authentic restoration or reconstruction of a building or structure which existed at the same location but does not meet zoning requirements, the building or structure may be authorized to be restored or reconstructed at the same location where the original building or structure was located, provided the Board of Adjustment authorizes the restoration or reconstruction and no use other than that permitted in the district in which it is located is made of the property. Such conditions as may be set by the Historic Preservation Commission and the Zoning Board of Adjustment shall be conditions for the issuance of the building permit.

(1971 Code, § 9-10-19) (Ord. No. 1925, § 1, passed 12-8-1988; Ord. No. 21-032, § 1, passed 6-21-2021)

   A certificate of appropriateness application, when determined to involve a minor work, may be reviewed and approved by an administrative official according to review criteria and standards. Minor works will be specified in the design standards.

(1971 Code, § 9-10-20) (Ord. No. 1925, § 1, passed 12-8-1988)

   (A)   Generally. An application for a certificate of appropriateness authorizing the relocation, demolition or destruction of a designated landmark or a building, structure or site within a designated district may not be denied. However, the effective date of such 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 Historic Preservation Commission where it finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use of or return from the property by virtue of the delay. During this period the Historic 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 Historic 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 the period and authorize earlier demolition, or removal.

   (B)   Delay of demolition of properties or properties within district in process of being designated. If the Historic Preservation Commission 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 City Council, 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 Historic Preservation Commission for a period of up to 180 days or until the City Council takes final action on the designation, whichever occurs first.

   (C)   Antidemolition by neglect ordinance. The City Council may enact an ordinance to prevent the demolition of any designated landmark or any building, structure or site within a designated district due to neglect. Such ordinance shall provide appropriate safeguards to protect property owners from undue economic hardship.

   (D)   Denial of demolition of statewide significant landmarks. An application for a certificate of appropriateness authorizing the demolition or destruction or 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 Commission finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return by virtue of the denial.

(1971 Code, § 9-10-20.1) (Ord. No. 2186, § 11, passed 5-10-1990; Ord. No. 2454, § 1, passed 5-14-1992)

   Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of a historic landmark or in a historic district which does not involve a change in design, materials or outer appearance thereof, nor to prevent the construction, reconstruction, alteration, restoration or demolition of 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 herein shall be construed to prevent a property owner from making the use of his or her property not prohibited by other statutes, ordinances or regulations. Also, nothing herein shall prevent the maintenance or, in the event of an emergency, the immediate restoration of any existing above-ground utility structure without the approval of the Preservation Commission.

(1971 Code, § 9-10-21) (Ord. No. 1925, § 1, passed 12-8-1988; Ord. No. 2186, § 12, passed 5-10-1990)

   (A)   Except as provided under subsection (B), the Commission shall not prohibit the installation of a solar collector that gathers solar radiation as a substitute for traditional energy for water heating, active space heating and cooling, passive heating, or generating electricity for a residential property, and no person shall be denied permission to install a solar collector that gathers solar radiation as a substitute for traditional energy for water heating, active space heating and cooling, passive heating, or generating electricity for a residential property. As used in this section, the term residential property means property where the predominant use is for residential purposes.

   (B)   No solar collector described in subsection (A) shall be allowed that is visible by a person on the ground:

      (1)   On the façade of a structure that faces areas open to common or public access;

      (2)   On a roof surface that slopes downward toward the same areas open to common or public access that the façade of the structure faces; or

      (3)   Within the area set off by a line running across the façade of the structure extending to the property boundaries on either side of the façade, and those areas of common or public access faced by the structure.

   (C)   Additional requirements, standards and restrictions concerning the installation and use of a solar collector shall be set forth in the “Historic Preservation Commission’s Design Standards”.

(Ord. No. 10-50, § 1, 6-10-2010; Ord. No. 21-032, § 1, passed 6-21-2021)

   All lands, buildings, structures, sites, areas or objects shall be acquired in the name of the city unless otherwise provided by the City Council. So long as owned by the city, historic landmarks may be maintained by or under the supervision and control of the city.

(1971 Code, § 9-10-22) (Ord. No. 1925, § 1, passed 12-8-1988)

   All provisions of this chapter and the General Statutes are hereby made applicable to the construction, use, alteration, moving and demolition by the state, its political subdivisions, agencies and instrumentalities, provided however, they shall not apply to the interior of buildings or structures owned by the state. The current edition of the Secretary of the Interior’s standards for rehabilitation and guidelines for rehabilitating historic buildings shall be the sole guidelines used in reviewing applications of the state for certificate of appropriateness. The State and its agencies may appeal to the North Carolina Historical Commission or any successor agency assuming its responsibilities under G.S. 121-12(a) from any decision of the Historic Preservation Commission. 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 North Carolina Historical Commission is final and binding upon both the State and the historic preservation commission.

(1971 Code, § 9-10-23) (Ord. No. 1925, § 1, passed 12-8-1988; Ord. No. 2186, § 13, passed 5-10-1990 ; Ord. No. 21-032, § 1, passed 6-21-2021)

   All meetings and hearings of the Commission shall be in accordance with the rules of procedure and the North Carolina Open Meeting Law.

(1971 Code, § 9-10-24) (Ord. No. 1925, § 1, passed 12-8-1988; Ord. No. 2186, § 14, passed 5-10-1990)

   The Zoning Enforcement Officer shall be responsible for the enforcement of the chapter. The zoning enforcement officer may provide for the enforcement of this chapter by means of withholding permits and/or issuance of civil citation(s) in accordance with Title 9, Chapter 4, Article U, section 9-4-356 of the City Code. He or she may provide for enforcement by instituting injunction, mandamus or other appropriate action or proceeding to prevent unlawful erection, construction, reconstruction, alteration, conversion, moving, maintenance or use; to correct or abate the violation; or to prevent the occupancy of the building, structure or land. If a decision of the Zoning Enforcement Officer is questioned, the aggrieved person may appeal the decision to the Board of Adjustment in accordance with applicable procedure and law.

(1971 Code, § 9-10-25) (Ord. No. 99-18, § 1, passed 2-11-1999)

   Any violation of this chapter shall be considered a violation of the zoning regulations and shall subject the offender to a civil penalty and other appropriate equitable action in accordance with Title 9, Chapter 4, Article U, section 9-4-356 of the City Code.

(1971 Code, § 9-10-26) (Ord. No. 99-18, § 2, passed 2-11-1999)

The provisions of this chapter shall be applicable only within the planning and zoning jurisdiction of the city.

(1971 Code, § 9-10-27) (Ord. No. 1925, § 1, passed 12-8-1988)