Harnett County Unincorporated
City Zoning Code

HISTORIC PRESERVATION

§ 153.175 GENERAL.

The purpose and intent of the historic preservation regulations are to safeguard the heritage of the county by preserving important elements of our cultural, social, economic, and political, or architectural history, in order to promote the use and conservation of such property for the education, pleasure, and enrichment of the residents of the county and the state as a whole.

(Ord. passed 10-17-2011)

§ 153.176 HISTORIC LANDMARKS.

(A) Adoption of a designation resolution. Upon compliance with the procedures set out in division (D) below, the Board of Commissioners may adopt and, quarterly, amend or repeal a designation resolution of one or more historic landmarks. The designation resolution shall include information which shall:

(1) List the name(s) of the owner(s) of the property;

(2) Describe each property in the designation resolution, including the approximate area (size) of the property so designated;

(3) Describe those elements of the property that are integral to its historical, prehistorical, architectural, archaeological, and/or cultural significance;

(4) Provide for each designated historic landmark, a suitable sign or plaque indicating that the landmark has been so designated; and

(5) Any other information the Historical Properties Commission (HPC) and/or Board of Commissioners deems necessary within the authority of this subchapter and the general statutes.

(B) Criteria for designation. In order for any building, structure, site, area, or object to be designated in a resolution as a historic landmark, the HPC must find that the property is of special significance in terms of its history, prehistory, architecture, archaeology and/or cultural importance, and that it possesses integrity of design, setting, workmanship, materials, feeling and/or association.

(C) Inventory. The HPC shall use an inventory of buildings, structures, sites, areas, or objects of historical, prehistorical, architectural, and archaeological significance in the county as a guide to the identification, assessment, and designation of historic landmarks. The HPC shall update the inventory quarterly.

(D) Required procedures for designation. The Board of Commissioners may not adopt or amend a resolution, designating a historic building, structure, site, area, or object, or acquire any landmark, until the steps prescribed by this subchapter and its subsections have been taken, including rules of procedure and guidelines for the altering, restoring, moving, or demolishing properties designated as historic. Designation procedures may be initiated by the HPC or at the request of property owner(s) or his or her duly authorized agent.

(1) Submittal of application. An application for a designation shall be obtained from and, when completed, filed with the Planning Department. Applications for designation shall be considered by the HPC at its next regularly scheduled meeting, provided they have been filed, complete in form and content, at least 15 working days before the meeting; otherwise consideration shall be deferred until the following meeting.

(2) Contents of application. The HPC shall, by uniform rule in its rules of procedure, require information as is reasonably necessary to determine the nature of the application. An application for a designation shall not be considered complete until the required information is included. An incomplete application shall not be accepted. Nothing shall prevent the applicant(s) from filing with the application additional relevant information bearing on the application.

(3) Designation reports. The HPC shall make, or cause to be made, an investigation and report that includes all the information contained in this section. Applications prepared by property owner(s) will be judged by the same criteria as those prepared by the HPC.

(a) The name(s) of the property to be considered for designation; both common and historic names, if they can be determined;

(b) The name(s) and address of the current property owner(s);

(c) The location of the property proposed to be designated historic, including the street address, Harnett County tax map and parcel numbers and/or the parcel identification number;

(d) The date of construction and of any later alterations, if any, if they can be determined;

(e) An assessment of the significance of the site or structure pursuant to division (B) above;

(f) An architectural and/or archaeological description of the area of the site or structure proposed to be designated. If outbuildings or other appurtenant features are proposed to be designated, the report shall contain a description of those features;

(g) A historical discussion of the site or structure within its type, period and locality;

(h) A photograph, current and historic if available, that clearly depicts the property proposed to be designated and supplementary photographs showing facades, details and site layout; and

(i) A map showing the location of the property, including any outbuildings and appurtenant features.

(4) Review guidelines. Prior to the designation of any historic landmark or district, the HPC shall prepare and adopt guidelines, not inconsistent with the state general statutes for altering, restoring, moving, or demolishing of property designated as historic. It is the intention of these guidelines to ensure, insofar as possible, that changes in designated landmarks or properties located within designated districts shall be in harmony with the reasons for designation.

(5) Review by the North Carolina Department of Cultural Resources (NCDCR), Division of Archives and History. A report accepted by the HPC shall be submitted to the NCDCR, Division of Archives and History or its successor agency, for comments pursuant to state general statutes, as amended from time to time. The NCDCR, Division of Archives and History or its successor agency, acting through the State Historic Preservation Officer, shall, either at their own request or at the initiative of the HPC, be given an opportunity to review and comment upon the substance and effect of the designation of any landmark pursuant to this subchapter.

(6) Consideration of the report. Once the designation report has been prepared, either by the HPC or by the property owner(s), and is deemed by the Planning Department to meet the provisions of division (D)(1), the HPC shall consider the report. The HPC may accept it, amend it, reject it, or recommend further study. Prior to final action on a designation report, the HPC shall indicate the extent to which the landmark meets the criteria for designation in division (B) above. The HPC should consider any comments received in writing from the NCDCR, Division of Archives and History or its successor agency. If the NCDCR, Division of Archives and History does not submit its written comments or recommendations in connection with any proposed designation within 30 days following receipt of the report, the HPC and Board of Commissioners shall be relieved of any responsibility to consider such comments. After the expiration of the 30-day comment period given the NCDCR, Division of Archives and History, the HPC may recommend to the Board of Commissioners that the property be designated as a historic landmark.

(7) Submission to the Board of Commissioners. The HPC shall forward its recommendation to the Board of Commissioners. The HPC shall submit a copy of the designation report, any written comments received from the NCDCR, Division of Archives and History, and, if the recommendation is for approval, a proposed designation resolution, to the Board of Commissioners.

(8) Public hearing. When a proposed designation resolution is submitted, the HPC and the Board of Commissioners shall hold a joint public hearing or separate public hearings on the proposed designation resolution. The HPC shall send a notification letter, including time and place, to property owners adjacent to the subject property. It is recommended, but not required, that the HPC also post a notification sign on the subject property and publish notice in a local periodical.

(9) Adoption of a designation resolution. Following the required public hearing, the Board of Commissioners shall consider the designation report, the HPC's recommendation, the NCDCR, Division of Archives and History's comments, and the comments made at the public hearing, and may adopt the designation resolution as proposed, adopt it with amendments, or reject the resolution.

(E) Actions subsequent to approval. Upon adoption of the resolution:

(1) Planning Department shall send the owner(s) of the landmark, as identified by current tax records, written notice of such designation of adoption of the resolution by certified mail, return receipt requested.

(2) The HPC shall file one copy of the resolution and any subsequent amendments thereto, in the office of the Register of Deeds of Harnett County. The Register of Deeds shall index each historic landmark according to the name of the owner(s) in the grantee and grantor indexes.

(3) All tax maps maintained by Harnett County shall clearly indicate the designation of a building, structure, site, area, or object as a historic landmark for as long as the designation remains in effect.

(4) The Planning Department shall notify the tax assessor of Harnett County of the landmark designation. The assessor shall consider the designation and any recorded restriction on the landmark in appraising it for tax purposes.

(F) Denied applications. If the Board of Commissioners denies a designation report, a copy of the minutes of the public hearing at which such a decision to deny the report was made, shall be mailed to the owner(s) of the property proposed for designation, as requested.

(Ord. passed 10-17-2011; Res. passed 6-21-2021; Ord. 2023-27, passed 12-18-2023)

§ 153.177 HISTORIC DISTRICTS.

(A) Adoption of a designation resolution. No historic district may exist without a resolution designating it as such. Upon compliance with the procedures contained in division (D) below, the Board of Commissioners within its jurisdiction, may adopt and, quarterly, amend or repeal a resolution designating one or more historic districts.

(B) Criteria for designation. In order for any area to be designated in a resolution as a historic district, the Historic Properties Commission (HPC) must find that the area is of special significance in terms of its history, prehistory, architecture, archaeology and/or cultural importance, and that it possesses integrity of design, setting, workmanship, materials, feeling, and/or association.

(C) Inventory. The HPC shall use an inventory of buildings, structures, sites, areas, or objects of historical, prehistorical, architectural, and archaeological significance in the county as a guide for the identification, assessment, and designation of historic districts. The HPC shall update the inventory quarterly.

(D) Required procedures for designation. The Board of Commissioners may not adopt or amend a resolution designating a historic district, nor may the Board of Commissioners or the HPC accept any district until the steps prescribed by this section have been taken.

(1) Designation report. The HPC shall prepare or review an investigation and report describing the significance of the buildings, structure, features, sites, or surroundings included in any such proposed district, and the description of the boundaries of such district. Such report shall be referred to the Board of Commissioners and the Planning Department for its review and comment according to procedures set forth in the Harnett County Zoning Ordinance.

(2) Review by the North Carolina Department of Cultural Resources (NCDCR), Division of Archives and History. All designation reports shall be submitted to the NCDCR, Division of Archive and History by the HPC. The NCDCR, Division of Archives and History or its successor agency, acting through the State Historic Preservation Officer, shall, either upon their own request or at the initiative of the HPC, be given an opportunity to review and comment upon the substance and effect of the designation of any district. If the NCDCR, Division of Archives and History does not submit its written comments or recommendations in connection with any proposed designation within 30 days following receipt of the report, the HPC and the Board of Commissioners shall be relieved of any responsibility to consider such comments. After the expiration of the 30-day comment period given the NCDCR, Division of Archives and History, the HPC may recommend to the Board of Commissioners that the area be designated as a historic district.

(3) Review by other groups. The Board of Commissioners may also, in its discretion, refer the designation report and proposed boundaries to any local preservation commission or other interested body for its recommendations prior to taking action to adopt or amend the designation resolution.

(4) Adoption of a designation resolution. On receipt of these reports and recommendations, the Board of Commissioners may proceed in the same manner as would otherwise be required for the adoption or amendment of any appropriate zoning ordinance provisions.

(E) Revisions to districts. With respect to any changes in the boundaries of an adopted historic district subsequent to its initial establishment, the requirements and procedures contained in this section shall apply.

(Ord. passed 10-17-2011; Ord. 2023-27, passed 12-18-2023)

§ 153.178 CERTIFICATE OF APPROPRIATENESS.

(A) Rules and regulations.

(1) Development restriction. From and after the designation of a historic landmark or district, no exterior portion of any building or other structure (including masonry walls, fences, light fixtures, steps and pavement, or other appurtenant features), nor above-ground utility structure nor any type of outdoor advertising sign shall be erected, altered, restored, moved, or demolished on such landmark or within such district until after an application for a certificate of appropriateness as to exterior features has been submitted to and approved by the Historic Properties Commission (HPC). A certificate of appropriateness shall be required whether or not a building permit is required.

(2) Exterior features. For purposes of this subchapter “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 or other structure, and the type and style of all windows, doors, light fixtures, signs, and other appurtenant fixtures. In the case of outdoor advertising signs, “exterior features” shall mean the style, material, size, and location of all such signs. In adopting a resolution, establishing a historic district, the Board of Commissioners may provide that “exterior features” also include historic signs, color, and significant landscape, archaeological, and natural features of the area.

(3) Building permit restriction. In adopting a resolution establishing a historic district, the county shall provide that no building permit or other permit granted for the purposes of constructing, altering, moving, or demolishing structures shall be issued unless the HPC has first issued a certificate of appropriateness authorizing the construction, alteration, moving, restoration, or demolition. Any building permit or such other permit not issued in conformity with this section shall be invalid. In approving a certificate of appropriateness, the HPC may attach reasonable conditions necessary to carry out the purposes of this subchapter.

(4) Protection of character. The HPC shall take no action under this section except to prevent the construction, reconstruction, alteration, restoration, moving, or demolition of buildings, structures, appurtenant fixtures, outdoor advertising signs, or other significant features which would be incongruous with the special character of the landmark or district.

(B) Review guidelines. The HPC shall review the established guidelines prepared during the designation resolution process for the subject property. It is the intention of these guidelines to ensure, insofar as possible, that changes in designated landmarks or properties located within designated districts shall be in harmony with the reasons for designation.

(C) Administrative approval for minor works allowed. The Planning Department may issue a certificate of appropriateness for minor works, as listed in the HPC's rules of procedure. Minor work shall include and are defined as those exterior changes that do not involve substantial alterations, additions, or removals that could impair the integrity of the property and/or district as a whole. No application for a minor works certificate of appropriateness may be denied without formal action by the HPC.

(D) Limitations on interior review. Notwithstanding this subchapter, jurisdiction of the HPC over interior spaces shall be limited to specific interior features of architectural, artistic, or historical significance in publicly owned landmarks, and of privately owned historic landmarks for which consent for interior review has been given by the owner(s). If an owner's consent for interior review has been filed with the Register of Deeds of Harnett County and indexed according to the name of the owner(s) of the property in the grantee and grantor indexes, such consent shall bind future owners and/or successors in title. The designation resolution establishing the historic designation shall specify the interior features to be reviewed and the specific nature of the HPC's jurisdiction over those features.

(E) Certain changes not prohibited. Nothing in this subchapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of a historic landmark or property located within a district that does not involve a change in design, material, or outer appearance thereof. Nor shall this subchapter be construed to prevent the construction, reconstruction, alteration, restoration, moving, or demolition of any such feature when a building inspector or similar county official certifies to the HPC that such action is required for the public safety because of an unsafe or dangerous condition. Nothing herein shall be construed to prevent the property owner(s) from making any use of his or her property not prohibited by other statutes, ordinances, or regulations. Nothing in this subchapter shall be construed to prevent the maintenance of or, in the event of an emergency, immediate restoration of any existing above-ground utility structure without approval by the HPC.

(F) Delay in demolition of designated properties. Except as provided below, the HPC may not deny an application for certificate of appropriateness authorizing the demolition of a designated historic landmark or property located within a district. However, the HPC may delay the effective date of such a certificate for a period of up to 365 days from the date of approval. The HPC may reduce the period of delay where it finds that the owner(s) would suffer extreme hardship or be permanently deprived of all beneficial use of or return from such property by virtue of the delay. During such period, the HPC may negotiate with the owner and with any other parties in an effort to find a means of preserving the property, as provided in § 153.282. The HPC may deny an application for a certificate of appropriateness authorizing the demolition or destruction of a building, site, or structure determined by the State Historic Preservation Office to have statewide significance, as defined in the criteria of the National Register of Historic Places, unless the HPC finds that the owner(s) would suffer extreme hardship or be permanently deprived of all beneficial use or return by virtue of the denial. If the HPC 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 Board of Commissioners, 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 HPC for a period of up to 180 days or until the Board of Commissioners takes action on the designation, whichever occurs first. Should the Board of Commissioners approve the designation prior to the expiration of the 180-day delay period, an application for a certificate of appropriateness for demolition must then be filed; however, the maximum delay period of 365 days shall be reduced by the period of delay while the designation was pending.

(G) Demolition by neglect. Demolition by neglect of any designated historic landmark or property located within a district shall constitute a violation of this subchapter. The Board of Commissioners and/or HPC with the expressed consent of the Board of Commissioners may take appropriate actions to prevent demolition by neglect, provided such actions include appropriate safeguards to protect the property owner(s) from undue economic hardship.

(H) Required procedures.

(1) Submittal of application. An application for a certificate of appropriateness shall be obtained from and, when completed, filed with the Planning Department. Applications for certificates of appropriateness shall be considered by the HPC at its next regularly scheduled meeting, provided they have been filed, complete in form and content, at least 15 working days before the meeting; otherwise consideration shall be deferred until the following meeting.

(2) Contents of application. The HPC shall, by uniform rule in its rules of procedure, require information as is reasonably necessary to determine the nature of the application. An application for a certificate of appropriateness shall not be considered complete until the required information is included. An incomplete application shall not be accepted. Nothing shall prevent the applicant(s) from filing with the application additional relevant information bearing on the application.

(3) Notification of affected property owners. Before considering an application for a certificate of appropriateness, the HPC shall notify by mail the owner(s) of any adjacent property. The mailed

notices are for the convenience of the property owner(s) and occupant(s) and any defect or omission therein shall not impair the validity of issuing a certificate of appropriateness, or any following action.

(4) Public hearing. When considering an application, the HPC shall give the applicant(s) and stakeholder(s) of any property likely to be materially affected by the application, an opportunity to be heard at a public hearing.

(5) Reasons for HPC's actions to appear in minutes. The HPC shall cause to be entered into the minutes of its meeting the reasons for its actions, whether it be approval, approval with modifications, deferral or denial. The minutes shall also contain a summary of any citation to the evidence, testimony, studies, or other authority upon which it based its decision.

(6) HPC action on application. When considering the application, the HPC shall apply the review guidelines required by § 153.007, and shall, before final action on the application, make findings of fact indicating the extent to which the application is or is not in compliance with the review criteria. The HPC's action on the application shall be approval, approval with modifications, deferral, or disapproval.

(7) Time limits. If the HPC fails to take final action upon any application within 180 days from the date the complete application is filed with the Planning Department, the application shall be deemed to be approved as submitted. This time period may be extended to an exact date upon mutual agreement between the HPC and the applicant(s). A certificate of appropriateness shall expire 180 days after the date of issuance, or in the case of a demolition certificate of appropriateness, the effective date, if the work authorized by the certificate has not been commenced. If the work has been discontinued for a period of 365 days after commencement, the certificate shall immediately expire.

(8) Submission of new application. If the HPC denies a certificate of appropriateness, a new application affecting the same property may be submitted only if substantial change is made in plans for the proposed construction, reconstruction, alteration, restoration, or moving.

(9) Appeals of the HPC's decision. An appeal may be made to the Harnett County Board of Adjustment regarding the HPC's action in approving or denying any application for a certificate of appropriateness. Written notice of intent to appeal must be sent to the HPC, postmarked within 20 days following the HPC's decision, unless oral notice of appeal is made to the HPC during the meeting at which the decision is rendered. Appeals must be filed with the Harnett County Board of Adjustment within 60 days following the Commission's decision. Appeals shall be in the nature of certiorari. The Board of Adjustment's decision in any such case may be appealed to the Superior Court of Harnett County.

(I) Publicly owned buildings and structures. Designated historic buildings, structures, sites, areas, or objects in the HPC's jurisdiction owned by state or any of its political subdivisions, agencies, or instrumentalities shall be subject to the regulations imposed by this ordinance, in accordance with state general statutes.

(J) Remedies. In case any building, structure, site, area, or object designated a historic landmark or any property located within a historic district is about to be demolished as the result of deliberate neglect or otherwise, materially altered, remodeled, constructed, or removed, except in compliance with this subchapter, the Board of Commissioners, the HPC, or other party aggrieved by such action may institute any appropriate action or proceedings to prevent such unlawful demolition, material alteration, remodeling, or removal, to restrain, correct or abate such violation, or to prevent any illegal act or conduct with respect to such historic property.