This article shall be known as the "Cleveland County Historic Preservation Ordinance."

(Ord. of 2-1-05)

The county historic preservation commission shall have all the powers and authority as prescribed in G.S. § 160D-945, designation of landmarks. This chapter shall be in effect in all unincorporated areas of the county, which are not under the planning jurisdiction of any municipality unless adopted by reference.

(Ord. of 2-1-05; Amd. of 5-2-06(2); Ord. of 6-1-21(1))

The purpose of establishing the county historic preservation commission hereinafter referred to as "commission," shall be:

(1)

To safeguard the heritage of the county and municipalities by preserving any historic landmarks therein that embody important elements of its cultural, social, economic, political, archeological or architectural history;

(2)

To promote the use and conservation of landmarks for the education, pleasure, and enrichment of the county and the state;

(3)

To provide for designation of properties as a landmarks on the basis of individual merit and special historical significance and integrity, pursuant to G.S. §§ 160D-945 and 160D-946. The designation of a landmark shall be effective through the adoption of an ordinance by the county board of commissioners or the governing board of the participating municipality; and

(4)

To adopt principles and guidelines for new construction, alterations, additions, moving and demolition of designated historic landmarks.

(Ord. of 2-1-05; Ord. of 6-1-21(1))

(a)

Membership. The commission shall consist of nine (9) members appointed by the county board of commissioners. Four (4) members shall reside in the county planning jurisdiction and four (4) members shall reside in one (1) of the participating municipalities, and one (1) member shall be the current president of the Historic Shelby Foundation, or their designee. The population of the jurisdiction shall be used to determine the number of members representing each participating municipality.

(b)

Membership requirements. A majority of the members of the historic preservation commission shall have demonstrated special interest, experience, or education in history, archaeology, preservation, architecture, real estate, or law.

(c)

Tenure. Members of the commission shall serve terms of four (4) years, except for the president of the Historic Shelby Foundation, which is based on the term of that office. Initial appointments shall be staggered as follows: two (2) county members and (2) municipal members for four (4) years, two (2) county members and (2) municipal members for four (2) years. Reappointments shall be limited to two (2) consecutive terms, after which a member may be re-appointed after one-year absence from the commission.

(d)

Vacancies. Any vacancy on the commission shall be filled within sixty (60) days, for the remainder of the unexpired term.

(e)

Officers. The commission shall elect annually, a chairman, vice-chairman, secretary and treasurer, who shall act as the executive committee. The commission may appoint advisory committees as needed.

(f)

Duties. The commission may:

(1)

Undertake an inventory of properties of historical, architectural, archeological, or cultural resources;

(2)

Recommend to the county board of commissioners, or the governing board of the participating municipality, individual structures, buildings, sites, areas, or objects to be designated by ordinance as "landmarks";

(3)

Recommend to the county board of commissioners, or the governing board of the participating municipality, that designation of any structure, building, site, area, or object as a landmarks, be revoked or removed for cause;

(4)

Review and act upon proposals for alteration or demolition of designated landmarks, or new construction on properties designated as landmarks;

(5)

Conduct an educational program with respect to historic properties and districts within its jurisdiction;

(6)

Cooperate with the state, federal and local governments in pursuance of the purposes of this article. 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 other agency of either, or with any other organization provided the terms are not inconsistent with state or federal law;

(7)

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;

(8)

Prepare and recommend the official adoption of a preservation element as part of the county comprehensive land use plan;

(9)

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;

(10)

Restore, preserve, and operate historic properties;

(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.

Prior to any official action, the commission shall adopt rules of procedure governing its meetings and the conduct of official business and bylaws governing the appointment of members, terms of office, the election of officers and related matters. A public record shall be kept of the commission's resolutions, proceedings and actions. The commission shall also prepare and adopt principles and guidelines for altering, restoring, moving, or demolishing properties designated as landmarks or new construction on properties designated as landmarks. The commission shall be subject to the Cleveland County Policy Governing Appointed Boards and Commissions (the "policy"), as amended, except to the extent that the policy conflicts with this chapter or any state or federal law or regulation.

(Ord. of 2-1-05; Amd. of 12-5-06; Ord. of 9-21-21(1), § 3)

Upon complying with the required landmark designation procedures set forth herein, the board of commissioners, or the governing board of the participating municipality, 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 landmark unless it is deemed and found by the commission to be of special significance in terms of its historical, archeological, architectural or cultural importance, and to possess integrity of design, setting, workmanship, materials, feeling and/or association.

The landmark 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 archeological 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 landmark, the ordinance shall require that the waiting period set forth in this article be observed prior to its demolition. A suitable sign for each property designated as a landmark may be placed on the property at the owners consent; otherwise the sign may be placed on a nearby public right-of-way.

No property shall be designated as a landmark until the following steps have been taken:

(1)

As a guide for the identification and evaluation of a landmark, the commission shall, at the earliest possible time and consistent with the resources available to it, undertake an inventory of properties of historical, architectural, archeological, educational or cultural significance of each building, structure, site, area or object proposed for designation or acquisition. Such report shall be forwarded to the state department of cultural resources, division of archives and history.

(2)

The department of cultural resources, acting through the state historic preservation officer, or their designee, shall either upon request of the department or at the initiative of the commission 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 commission within thirty (30) days following receipt by the department of the report, the commission and the board of commissioners shall be relieved of any responsibility to consider such comments.

(3)

The commission and the board of commissioners, or the governing board of the participating municipality, shall hold a public hearing (separate or joint) on the proposed ordinance. Reasonable notice of the time and place thereof shall be given.

(4)

Following the public hearing(s) the board of commissioners, or the governing board of the participating municipality, may adopt the ordinance as proposed, adopt the ordinance with any amendments it deems necessary, or reject the proposed ordinance.

(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 commission in the office of the register of deeds of the 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 commission shall pay a reasonable fee for filing and indexing. A second copy of the ordinance and all amendments thereto shall be kept on file in the office of the clerk to the board of commissioners, or the governing board of the participating municipality, and be available for public inspection at any reasonable time. A third copy of the ordinance and all amendments thereto shall be given to the building inspector having jurisdiction over the landmark. The fact that a building, structure, site, area or object has been designated a landmark, shall be clearly indicated on the tax records maintained by the county, for such period as the designation remains in effect.

(6)

Upon adoption of the landmark ordinance or any amendments thereto, it is the duty of the commission to give notice thereof to the county tax assessor. The designation and any recorded restrictions upon the property limiting its use for preservation purposes shall be considered by the tax assessor in appraising it for tax purposes.

(Ord. of 2-1-05; Amd. of 12-5-06)

(a)

Exterior features. From and after the designation of a landmark, no exterior portion of an building or other structure (including masonry walls, fences, exterior 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 commission. Such a certificate is required to be issued by the commission prior to the issuance of a building permit or other permit granted for the purposes of constructing structures, which certificate may be issued subject to reasonable conditions necessary to carry out the purposes of this article. A certificate of appropriateness shall be required whether or not a building or other permit is required.

For purposes of this article, "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 features. Exterior features may also include 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.

(b)

Interior features. The commission shall have no jurisdiction over "interior features," except as provided in this section, and shall take no action under this article except to prevent the construction, re-construction, 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 landmark.

The jurisdiction of the commission over interior features shall be limited to specific architectural, artistic, or historical significant features in publicly owned landmarks; and of privately owned landmarks for which consent for interior review has been given by the owners. Said consent of an owner for interior review shall bind future owners and/or successors in title, provided such consent has been filed with the county register of deeds and indexed according to the name of the owner of the property. The landmark designation shall specify the interior features to be reviewed and the specific nature of the commission's jurisdiction over the interior.

The state (including its agencies and political subdivisions), the county, participating municipalities, and all public utilities shall be required to obtain a certificate of appropriateness for construction, re-construction, restoration, alteration, moving or demolition of designated landmarks, or new construction on a landmark property.

(Ord. of 2-1-05)

(a)

Application process.

(1)

Applications for a certificate of appropriateness shall be obtained from the administrator.

(2)

The application shall be filed at least two (2) weeks prior to the next regularly scheduled meeting of the commission.

(3)

Sketches, drawings, photographs, specifications, descriptions and other information of sufficient detail to clearly show the proposed exterior alterations, additions, changes or new construction shall accompany each application.

(4)

The names and mailing addresses of property owners filing the application and/or subject to the application, and the addresses of property owners within one hundred (100) feet from all sides of the subject property must also be included with the application.

(5)

Applications deemed incomplete shall not be accepted.

(b)

Advisory committee review.

(1)

It shall be the policy of the commission, in regard to applications involving new construction or extensive alterations and/or additions to existing structures, that an advisory committee of the commission 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 commission guidelines, the nature of the area where the proposed project will take place, and other relevant factors.

(2)

The members of the advisory committee, collectively and individually, shall refrain from any indication of approval or disapproval. Advice or opinions given by any member of the advisory committee at such an informal meeting shall not be considered official or binding upon the commission.

(c)

Approval process.

(1)

Applications for certificate of appropriateness shall be acted upon within ninety (90) days of filing a complete application, 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 commission and the applicant.

(2)

The secretary of the commission shall notify, by mail, not less than one (1) week prior to the meeting at which the matter is to be heard, the owners of property within one hundred (100) feet from all sides of the subject property.

(3)

As part of the review procedures, the commission 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)

The commission may hold a public hearing on any application when deemed necessary.

(5)

The action on an application shall be: approval, approval with conditions, or denial.

(6)

All decisions of the commission 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 landmark.

(d)

Hearing.

(1)

The applicant and other property owners likely to be materially affected by the application shall be given an opportunity to be heard.

(2)

All meetings of the commission shall be open to the public in accordance with Open Meetings Law, N.C.G.S. ch. 143, art. 33C.

(e)

Appeal.

(1)

Any party aggrieved by the decision of the historical preservation commission to grant or deny a certificate of appropriateness may appeal to the board of adjustment of the county or the participating municipality. See procedures and standards in article V.

(2)

The appeal shall be made in writing within thirty (30) days of the decision of the historic preservation commission. The appeal must state the reason(s) the decision should be overturned.

(3)

The superior court of the county shall hear an appeal from the board of adjustment decision.

(Ord. of 2-1-05; Amd. of 4-1-08, § 45)

Not withstanding section 12-406, application, commission action and appeal, upon receipt of a completed application the administrator may issue a certificate of appropriateness for minor works.

(1)

Minor works are defined as those exterior changes, which do not involve substantial alterations, or an addition, or removal that could affect the integrity of the landmark.

(2)

Minor works shall be limited to those listed in the commission rules of procedure.

(3)

No application shall be denied without the formal action of the commission.

(4)

All minor works applications approved by the administrator shall be forwarded to the commission for their review at the next regular meeting.

(Ord. of 2-1-05)

A certificate of appropriateness shall not be granted unless the commission finds that the application complies with the principles and guidelines adopted by the commission for review of changes. It is the intent of these regulations to insure, insofar as possible, that the construction, reconstruction, alteration, restoration, moving, or demolition of buildings, structures, appurtenant fixtures, outdoor advertising signs, or other significant features on landmarks shall be congruous with the special character of the district or landmark.

In addition to the principles and guidelines, the following features or elements of design shall be considered in reviewing an application for certificate of appropriateness:

(1)

Lot coverage, defined as the percentage of the lot area covered by primary structures.

(2)

Setback, defined as the distance from the lot lines to the building.

(3)

Building height.

(4)

Spacing of buildings, defined as the distance between adjacent buildings.

(5)

Proportion, shape, positioning, location, pattern, sizes, and style of all elements of fenestration and entry doors.

(6)

Surface materials and textures.

(7)

Roof shapes, forms and materials.

(8)

Use of regional or local architectural traditions.

(9)

General form and proportion of buildings and structures, and the relationship of additions to the main structure.

(10)

Expression of architectural detailing.

(11)

Orientation of the building to the street.

(12)

Scale, as 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.

(13)

Proportion of width to height of the total building facade.

(14)

Archaeological sites and resources associated with standing structures.

(15)

Effect of trees and other landscape elements.

(16)

Major landscaping, which would impact known archaeological sites.

(17)

Style, material, size and location of all outdoor advertising signs.

(18)

Appurtenant features and fixtures, such as lighting.

(19)

Structural condition and soundness.

(20)

Walls, physical ingredients, such as brick, stone or wood walls, wrought iron fencing, evergreen landscape masses, or combinations of these.

(21)

Ground cover or paving.

(22)

Significant landscape, archaeological, and natural features.

The US Secretary of the Interior "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" shall be the sole principles and guidelines used in reviewing applications from the state for a certificate of appropriateness.

(Ord. of 2-1-05)

(a)

Nothing in this article shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of a landmark which does not involve a change in design, materials, or exterior appearance thereof; the ordinary maintenance or repair of streets, sidewalks, pavement markings, street signs, or traffic signs; the construction, reconstruction, alteration, restoration or demolition of any such feature which the building inspector shall certify, is required for public safety because of an unsafe or dangerous condition.

(b)

Nothing herein shall be construed to prevent (1) the maintenance, or (2) in the event of an emergency, the immediate restoration, of any existing aboveground utility structure without approval by the commission.

(Ord. of 2-1-05)

The administrator shall enforce compliance with the terms of the certificate of appropriateness. Failure to comply with the certificate shall be a violation of the County Code and is subject to the penalties identified in article VII.

If any building, structure, site, area, or object designated as a landmark pursuant to this article 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 article, 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.

(Ord. of 2-1-05; Amd. of 4-1-08, § 46)

(a)

An application for a certificate of appropriateness, authorizing the demolition, removal, or destruction of a designated landmark may not be denied except as provided in subsection (c). However, the effective date of such a certificate may be delayed for up to three hundred sixty-five (365) days from the date of approval. The commission shall reduce the period of delay if it finds that the owner would suffer extreme hardship or be permanently deprived of beneficial use or return from such property by virtue of the delay. During the delay period, the commission shall negotiate with the owner in an effort to find a means of preserving the building structure or site. If the commission finds that a building, structure or site has no special significance, it shall waive all or part of such period of delay and authorize earlier demolition or removal.

If the commission has voted to recommend the designation of a landmark, and final designation has not been made by the board of commissioners, or the governing board of the participating municipality, the demolition or destruction of any building, structure or site on the property of the designated landmark may be delayed by the commission for up to one hundred eighty (180) days or until the board of commissioners, or the governing board of the participating municipality, takes final action on the designation, whichever occurs first.

(b)

The board of commissioners, or the governing board of the participating municipality, may enact an ordinance to prevent the demolition by neglect of any designated landmark. Such an ordinance shall provide the appropriate safeguards to protect property owners from undue hardship.

(c)

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 commission finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return, by virtue of the denial.

(Ord. of 2-1-05; Amd. of 4-1-08, § 47)