3.1.1. The UDO administrator, to be designated by the city manager, is hereby authorized and it shall be his/her duty to enforce the provisions of this ordinance. This official shall have the right to enter upon any premises regulated by this ordinance at any reasonable time necessary to carry out his/her duties. It is the intention of this ordinance that all questions arising in connection with enforcement and interpretation shall be presented first to the UDO administrator. Appeal from his/her decision may be made to the board of adjustment. The UDO administrator may be assisted by other city staff in performing the duties herein.

3.1.2. In administering the provisions of this ordinance, the UDO administrator shall:

3.1.2.1. Make and maintain records of all applications for permits, conditional uses, special uses, and requests listed herein, and records of all permits issued or denied, with notations of all special conditions or modifications involved;

3.1.2.2. File and safely keep copies of all plans submitted, and the same shall form a part of the records of his/her office and shall be available for inspection at reasonable times by any interested party;

3.1.2.3. Transmit to the planning board, city council, and/or the board of adjustment all applications and plans for which their review and approval is required;

3.1.2.4. Review and approve minor site plans, minor subdivisions, engineering drawings, and final plats;

3.1.2.5. Approve major and minor subdivision final plats; and

3.1.2.6. Conduct inspections of premises and, upon finding that any of the provisions of this ordinance are being violated, notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The UDO administrator shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or of additions, alterations, or structural changes thereto which are not compliant with the UDO; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to insure compliance with or to prevent violation of its provisions.

3.1.3. In addition, the UDO administrator shall have the following duties:

3.1.3.1. Prepare a report of his/her recommendations for the planning board, board of adjustment, or city council as may be required;

3.1.3.2. Provide administrative interpretations of the UDO;

3.1.3.3. Provide nonconformity determinations, including expansions of nonconforming uses and structures;

3.1.3.4. Review and approve zoning compliance applications;

3.1.3.5. Review and approve applications for temporary uses, including special events;

3.1.3.6. Conduct concept meetings with applicants for development approval as necessary or appropriate;

3.1.3.7. Maintain the official zoning map and the public records of the planning board and board of adjustment; and

3.1.3.8. Perform site inspections.

Members of the city council, planning board, and board of adjustment must act in the public interest and not to advance their own financial interests. A member of an elected board, planning board or board of adjustment may not vote on a UDO action where there is a potential financial conflict of interest. If the outcome of the vote is "reasonably likely to have a direct, substantial, and readily identifiable financial impact" on the member, the member must not vote on it. If a planning board or board of adjustment makes special use, conditional use, variance, appeal, or interpretation decisions, they must not participate in the discussion or voting if they have a personal bias, a predetermined opinion on the matter, a close family or business tie to a party, or a financial interest in the outcome. When a member is disqualified for a conflict of interest, that member must not participate in the hearing in any way, neither asking questions, nor debating, nor voting on the case. 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.

3.3.1. Authority. The planning board of the City of Kinston is created pursuant to N.C.G.S. 160A-361.

3.3.2. Purpose. The planning board shall act in an advisory capacity to the city council in the matter of guiding and accomplishing a coordinated and harmonious development of the area within the city jurisdiction.

3.3.3. Operational procedures.

3.3.3.1. Membership.

3.3.3.1.1. There shall be a planning board consisting of seven (7) members. The planning board members shall also be appointed to serve as board of adjustment members. Five (5) members, appointed by the city council, shall reside within the city. Two (2) members, appointed by the county board of commissioners, shall reside within the city's extraterritorial planning area. If, despite good faith efforts, sufficient numbers of residents of the extraterritorial planning area cannot be found to fill the seats reserved for residents of such area, then the county board of commissioners may appoint other residents of the county (including residents of the city) to fill these seats. If the county board fails to make these appointments within ninety (90) days after receiving a resolution from the city council requesting that they be made, then the city council may make them.

3.3.3.1.2. Planning board members shall be appointed for three-year staggered terms, but members may continue to serve until their successors have been appointed. Initially, two (2) in-city members and one (1) extraterritorial area resident shall be appointed for three-year terms, two (2) in-city members shall be appointed for two-year terms, and one (1) in-city member and one (1) extraterritorial area resident shall be appointed for one-year terms. Vacancies may be filled for the unexpired terms only.

3.3.3.1.3. Members may be appointed to not more than two (2) complete successive terms.

3.3.3.1.4. Planning board members may be removed by the city council at any time for failure to attend three (3) consecutive meetings or for failure to attend seventy-five (75) percent or more of the meetings within any twelve-month period or for any other good cause related to performance of duties.

3.3.3.1.5. If an in-city member moves outside the city or if an extraterritorial area member moves outside the planning jurisdiction, that shall constitute a resignation from the planning board, effective upon the date a replacement is appointed by city council.

3.3.3.2. Meetings of the planning board.

3.3.3.2.1. The planning board shall establish a regular meeting schedule and shall meet frequently enough so that it can take action in conformity with subsection 4.4.4 (Requests to be heard expeditiously).

3.3.3.2.2. The planning board shall conduct its meetings so as to obtain necessary information and to promote the full and free exchange of ideas.

3.3.3.2.3. Minutes shall be kept of all board proceedings.

3.3.3.2.4. All board meetings shall be open to the public and whenever feasible, the agenda for each board meeting shall be made available in advance of the meeting.

3.3.3.3. Quorum and voting.

3.3.3.3.1. A quorum for the planning board shall consist of a majority of the board membership (excluding vacant seats). A quorum is necessary for the board to take official action.

3.3.3.3.2. All actions of the planning board shall be taken by majority vote, a quorum being present. For the purposes of this section, vacant positions on the board and members who are excused from voting shall not be considered "members of the board" for calculation of the requisite majority.

3.3.3.3.3. A roll call vote shall be taken upon the request of any member.

3.3.3.3.4. Extraterritorial planning area members may vote on all matters considered by the board, regardless of whether the property affected lies within or without the city.

3.3.3.4. Planning board officers.

3.3.3.4.1. At its first meeting in June each year, the planning board shall, by majority vote of its membership (excluding vacant seats), elect one (1) of its members to serve as chairman and preside over the board's meetings, one (1) member to serve as first vice-chairman, and one (1) member to serve as second vice-chairman. The persons so designated shall serve in these capacities for terms on one (1) year. Vacancies in these offices may be filled for the unexpired terms only by majority vote of the board membership (excluding vacant seats).

3.3.3.4.2. The chairman shall decide all points of order and procedures, subject to the board's by-laws and rules of procedure. He shall appoint any committees found necessary to investigate any matters before the board. The chairman shall cast no vote except to amend the rules of procedure or in the event of a tie vote by the other members or where his vote is required for a quorum.

3.3.3.4.3. The first vice-chairman shall serve as acting chairman in the absence of the chairman and at such times shall have the same duties and powers as the chairman.

3.3.3.4.4. The second vice-chairman shall have the same duties as the first vice-chairman, except that he shall serve in the absences of both the chairman and first vice-chairman.

3.3.3.4.5. The planning director shall act as secretary to the board. The secretary shall keep all records and generally supervise the clerical work of the board. The secretary shall not have voting rights. He shall keep the minutes for every meeting, which shall include the record of all important facts pertaining to each meeting, of every resolution acted upon, and all votes taken in final determination of any question. Minutes shall indicate, by name, abstaining from a vote. The official minutes of the meeting of the planning board shall be a public record, kept in the planning department and available for inspection during normal business hours.

3.3.3.5. General powers and duties. The general powers and duties of the planning board (with prior approval by the city council) are:

3.3.3.5.1. To make studies of the area within its jurisdiction and present recommendations to the city council.

3.3.3.5.2. To determine objectives to be sought in the development of the study area and present recommendations to the city council.

3.3.3.5.3. To prepare and recommend plans for achieving these objectives.

3.3.3.5.4. To prepare and from time to time amend and revise a comprehensive and coordinated plan for the physical, social, and economic development of the area and present recommendations to the city council for consideration.

3.3.3.5.4.1. The comprehensive plans, with the accompanying maps, plats, charts, and descriptive matter, shall show the planning board's recommendation to the city council for the development of the area, including, among other things, the general location, character, and extent of streets, bridges, boulevards, parkways, playgrounds, squares, parks, and aviation fields; and other public ways, grounds, and open spaces; the general location and extent of public utilities and terminals, whether publicly or privately owned or operated, for water, power, gas, sanitation, transportation, communication and other purposes; and the removal, relocation, widening, narrowing, vacating, abandonment, change of use, or extension of any of the foregoing ways, buildings, grounds, open spaces, properties, utilities, or terminals.

3.3.3.5.4.2. The comprehensive plans and any ordinances or other measures to effectuate the plans shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the city and its environs which will, in accordance with present and future needs, best promote health, safety, and the general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, the promotion of safety from fire and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the promotion of good civic design and arrangement, the wise and efficient expenditure of public funds, and the adequate provision of public utilities, services, and other public requirements. Should also require stormwater management certification.

3.3.3.5.5. To prepare and recommend ordinances promoting orderly development along lines indicated in the comprehensive plan and advise concerning proposed amendments of such ordinances.

3.3.3.5.6. To determine whether proposed developments conform to the principles and requirements of the comprehensive plan for the growth and improvement of the area and ordinances adopted in furtherance of such plan.

3.3.3.5.7. To approve major site plans and major subdivisions in accordance with section 5.4.

3.3.3.5.8. To keep the city council and the general public informed and advised as to these matters.

3.3.3.5.9. To perform any other duties that may lawfully be assigned to it.

3.3.3.5.10. In order to effectively carry out its powers and duties, the planning board is empowered to:

3.3.3.5.10.1. With prior approval of the city council, gather statistics on past trends and present conditions with respect to population, property values, the economic base of the area, and land use; and such other information as is important or likely to be important in determining the amount, direction, and kind of development within the city's jurisdiction and its various parts.

3.3.3.5.10.2. With prior approval by the city council, make, cause to be made, or obtain special studies on the location, the condition, and the adequacy of specific facilities, which may include but are not limited to studies of housing; commercial and industrial facilities; recreation area; public facilities; and traffic and parking facilities.

3.3.3.6. Planning board initiated UDO amendments. The planning board may initiate from time to time proposals for amendments of the UDO and zoning map, based upon its studies and plans. It shall review and make recommendations to the city council concerning all proposed amendments to the UDO and zoning map.

3.3.3.7. Public hearings. The planning board may conduct such public hearings as may be required to gather information necessary for the drafting, establishment, and maintenance of the plans. Before recommending any such plans to the city council, the planning board may hold a public hearing thereon in accordance with article 4.

3.3.3.8. Advisory committees.

3.3.3.8.1. From time to time, city council may appoint one (1) or more individuals to assist the planning board to carry out its planning responsibilities with respect to a particular subject area. By way of illustration, without limitation, the council may appoint advisory committees to consider thoroughfare plan(s), bikeway plan(s), housing plans, and economic development plans, etc.

3.3.3.8.2. Members of such advisory committees shall sit as nonvoting members of the planning board when such issues are being considered and lend their talents, energies, and expertise to the planning board. However, all formal recommendations to the city council shall be made by the planning board.

3.3.3.8.3. Nothing in this article shall prevent the council from establishing independent advisory groups, committees, or boards to make recommendations on any issue directly to the council.

3.4.1. Powers and duties.

3.4.1.1. The board of adjustment shall hear and decide:

3.4.1.1.1. Requests for variances (as provided in subsection 4.4.2) and appeals of decisions of administrative officials charged with enforcement of this ordinance (as provided in subsection 4.4.1). As used in this section, the term "decision" includes any final and binding order, requirement, or determination. The board of adjustment shall follow quasi-judicial procedures when deciding appeals and requests for variances. The board shall hear and decide all matters upon which it is required to pass under any statute or ordinance that regulates land use and development.

3.4.1.1.2. Questions involving interpretations of the zoning map, including disputed district boundary lines and lot lines (as provided in subsection 4.4.3).

3.4.1.1.3. Any other matter the board is required to act upon by any other city ordinance.

3.4.1.2. The board may adopt rules and regulations governing its procedures and operations not inconsistent with the provisions of this article.

3.4.2. Operational procedures.

3.4.2.1. Membership.

3.4.2.1.1. There shall be a board of adjustment consisting of seven (7) members. The board of adjustment members shall also be appointed to serve as planning board members. Five (5) members, appointed by the city council, shall reside within the city. Two (2) members, appointed by the county board of commissioners, shall reside within the city's extraterritorial planning area. If, despite good faith efforts, sufficient numbers of residents of the extraterritorial planning area cannot be found to fill the seats reserved for residents of such area, then the county board of commissioners may appoint other residents of the county (including residents of the city) to fill these seats. If the county board of commissioners fails to make these appointments within ninety (90) days after receiving a resolution from the council requesting that they be made, the council may make them.

3.4.2.1.2. Board of adjustment members shall be appointed for three-year staggered terms, but members may continue to serve until their successors have been appointed. Initially, two (2) in-city members and one (1) extraterritorial area member shall be appointed for three-year terms, two (2) in-city members shall be appointed for two-year terms, and one (1) in-city member and one (1) extraterritorial area member shall be appointed for one-year terms. Vacancies may be filled for the unexpired terms only.

3.4.2.1.3. Members may be appointed to not more than two (2) successive complete terms.

3.4.2.1.4. Board of adjustment members may be removed by the council at any time for failure to attend three (3) consecutive meetings or for failure to attend seventy-five (75) percent or more of the meetings within any twelve-month period or for any other good cause related to performance of duties. Upon request of the member proposed for removal, the council shall hold a hearing on the removal before it becomes effective.

3.4.2.1.5. If an in-city member moves outside the city, or if an extraterritorial area member moves outside the planning jurisdiction, that shall constitute a resignation from the board, effective upon the date a replacement is appointed.

3.4.2.1.6. Extraterritorial planning area members may vote on all matters coming before the board.

3.4.2.1.7. The board of adjustment shall keep minutes of its procedures, showing the vote of each member upon each question, or, if absent or failing to vote, an indication of such fact; and final disposition of appeals shall be taken, all of which shall be of public record.

3.4.2.2. Meetings of the board of adjustment.

3.4.2.2.1. The board of adjustment shall establish a regular meeting schedule and shall meet frequently enough so that it can take action in conformity with subsection 4.4.4 (Requests to be heard expeditiously).

3.4.2.2.2. The board shall conduct its meetings in accordance with the quasi-judicial procedures set forth in sections 4.4.9 through 4.4.12.

3.4.2.2.3. All meetings of the board shall be open to the public and whenever feasible the agenda for each board meeting shall be made available in advance of the meeting.

3.4.2.3. Quorum.

3.4.2.3.1. A quorum for the board of adjustment shall consist of the number of members equal to four-fifths of the regular board membership (excluding vacant seats). A quorum is necessary for the board to take official action.

3.4.2.3.2. A member who has withdrawn from the meeting without being excused as provided in subsection 3.4.2.4.3 shall be counted as present for purposes of determining whether a quorum is present.

3.4.2.4. Voting.

3.4.2.4.1. The concurring vote of four-fifths of the board membership (excluding vacant seats) shall be necessary to grant a variance. A majority of the members shall be required to decide any other quasi-judicial matter or to determine an appeal made in the nature of certiorari.

3.4.2.4.2. Once a member is physically present at a board meeting, any subsequent failure to vote shall be recorded as an affirmative vote unless the member has been excused in accordance with subsection 3.4.2.4.3 or has been allowed to withdraw from the meeting in accordance with subsection 3.4.2.4.4.

3.4.2.4.3. A member may be excused from voting on a particular issue by majority vote of the remaining members present under the following circumstances:

3.4.2.4.3.1. If the member has a direct financial interest in the outcome of the matter at issue; or

3.4.2.4.3.2. If the matter at issue involves the member's own official conduct; or

3.4.2.4.3.3. If participation in the matter might violate the letter or spirit of a member's code of professional responsibility; or

3.4.2.4.3.4. If a member has such close personal ties to the applicant that the member cannot reasonably be expected to exercise sound judgment in the public interest.

3.4.2.4.4. A member may be allowed to withdraw from the entire remainder of a meeting by majority vote of the remaining members present for any good and sufficient reason other than the member's desire to avoid voting on matters to be considered at that meeting.

3.4.2.4.5. A motion to allow a member to be excused from voting or excused from the remainder of the meeting is in order only if made by or at the initiative of the member directly affected.

3.4.2.4.6. A roll call vote shall be taken upon the request of any member.

3.4.2.5. Board of adjustment officers.

3.4.2.5.1. At its first regular meeting in June, the board of adjustment shall, by majority vote of its membership (excluding vacant seats), elect one (1) of its members to serve as chairman and preside over the board's meetings and one (1) member to serve as vice-chairman. The persons so designated shall serve in these capacities for terms of one (1) year. Vacancies may be filled for the unexpired terms only by majority vote of the board membership (excluding vacant seats).

3.4.2.5.2. The chairman or any member temporarily acting as chairman may administer oaths to witnesses coming before the board.

3.4.2.5.3. The chairman of the board of adjustment shall not vote unless:

3.4.2.5.3.1. A tie vote of the remaining board members has occurred; or

3.4.2.5.3.2. A four-fifths vote cannot be obtained by the members present.

3.4.2.6. Conflicts on quasi-judicial matters. A member of the board of adjustment or any other body exercising the functions of the board of adjustment 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 violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that 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 member's participation and that member does not recuse himself or herself, the remaining members shall by majority vote, rule on the objection.

3.4.3. Rules of procedure. The board of adjustment shall adopt rules of procedure for the conduct of its affairs and in keeping with the provisions of this ordinance. Such rules of procedure shall not be effective until approved by the city council. All meetings held by the board of adjustment shall be held in accordance with N.C.G.S. Ch. 143A, Art. 33B, or as may be amended. The board shall keep minutes of its proceedings suitable for review in court showing:

3.4.3.1. The factual evidence presented to the board of adjustment by all parties concerned.

3.4.3.2. The findings of fact and the reasons for the determinations by the board of adjustment.

3.4.3.3. The vote of each member, or if absent or failing to vote, indicating such fact, all of which shall be public record and be filed with the office of the city clerk.

3.5.1. The city council, in considering conditional use permit applications, acts in a quasi-judicial capacity and, accordingly, is required to observe the procedural requirements set forth in sections 4.4.9 through 4.4.12.

3.5.2. In considering proposed changes in the text of this ordinance or in the zoning map, the council acts in its legislative capacity and must proceed in accordance with the requirements of subsection 4.4.1.

3.5.3. Unless otherwise specifically provided in this article, in acting upon conditional use permit requests or in considering amendments to this article or the zoning map, the council shall follow the regular, voting, and other requirements as set forth in other provisions of the city code, the city charter, or general law.

3.5.4. The city council, in considering the approval of a site-specific development plan (as defined in section 4.2, Establishment of vested rights), shall follow the procedural requirements set forth in section 4.5 for the issuance of a conditional use permit.

3.6.1. Purpose. The Kinston Historic District[s], hereinafter referred to as the "districts," are one of the most valued and important assets of Kinston. They are established for the purpose of protecting and conserving the heritage of the City of Kinston, Lenoir County, and the State of North Carolina; for the purpose of safeguarding the character and heritage of the districts by preserving the districts as whole and any individual property therein that embodies important elements of its social, economic, cultural, political, or architectural history; for the purpose of promoting the conservation of such districts for the education, pleasure and enrichment of residents of the districts and the City of Kinston/Lenoir County, and state as a whole; for the purpose of stabilizing and enhancing property values throughout the districts as a whole, thus contributing to the improvement of the general health and welfare of Kinston and the residents of the districts.

3.6.2. Appointment and terms of historic commission.

3.6.2.1. There shall be an historic district commission consisting of not less than eight (8) nor more than eleven (11) members. The members shall be appointed by the city council for terms set by the city council. All members must reside within the city limits or extraterritorial jurisdiction (ETJ) of the City of Kinston; in addition, twenty (20) percent of the members shall be residents of a historic district or be owners of historic property pursuant to N.C.G.S. 160A-400.7.

3.6.2.2. All of the members shall have demonstrated special interest, experience or education in historic preservation, history, architecture, archeology or related field(s).

3.6.2.3. Regular and prompt attendance at all meetings of the commission and conscientious performance of the duties required of members shall be a prerequisite to continuing membership on the commission. Should a member fail to attend three (3) consecutive regular meetings of the commission or fail to attend seventy-five (75) percent or more of the meetings within any twelve-month period, and should there be no adequate excuse for such absences, the chairman, with the concurrence of a majority of the entire commission, shall recommend to the city council that a vacancy be declared and that the vacated position be filled within sixty (60) days.

3.6.3. Meetings of the historic district commission.

3.6.3.1. A meeting schedule shall be established by the commission. Meetings shall be conducted in the city hall; provided, that meetings may be held at some other convenient place if directed by the chairman giving due notice to the public forty-eight (48) hours in advance of the meeting.

3.6.3.2. Special meetings of the commission may be called at any time by the chairman or upon the request of three (3) members of the commission. At least forty-eight (48) hours' notice of the time and place of special meetings shall be given by the secretary or by the chairman to each member of the commission; provided, that this requirement may be waived by action of a majority of all members.

3.6.3.3. Whenever there is no business for the commission, the chairman may dispense with a regular meeting by giving notice to all the members not less than twenty-four (24) hours prior to the time set for the meeting.

3.6.3.4. All meetings shall be open to the public in accordance with North Carolina Open Meetings Law, Chapter 143, Article 33C. The business at regular meetings shall include: (i) roll call; (ii) approval of minutes of previous meetings; (iii) unfinished business; (iv) consideration of applications; (v) reports of committees; and (vi) adjournment.

3.6.4. Quorum and voting.

3.6.4.1. A quorum for the historic district commission shall consist of fifty (50) percent plus one (1) member of the commission membership (excluding vacant seats). A quorum is necessary for the commission to take official action.

3.6.4.2. All actions of the commission shall be taken by majority vote, a quorum being present.

3.6.4.3. A roll call shall be taken upon the request of any member.

3.6.5. Historic district commission officers. At its first regular meeting in March of each year, the historic district commission shall, by majority vote of its membership (excluding vacant seats), elect one (1) of its members to serve as chairman and preside over the commission meetings and one (1) member to serve as vice-chairman. A member of the planning and development staff shall be designated by the department director to serve as secretary to the commission. The duties of the officers shall be as directed by the commission in its by-laws. Vacancies in the office of chairman and vice-chairman may be filled for the unexpired terms only by a majority vote of the commission membership.

3.6.6. Powers and duties of the historic district commission.

3.6.6.1. The historic district commission shall:

3.6.6.1.1. Review and act upon applications for certificates of appropriateness for constructing, altering, or demolishing buildings or structures within the designated historic district.

3.6.6.1.2. Issue certificates of appropriateness in accordance with the procedures delineated in sections 9.114 and 9.115.

3.6.6.1.3. Keep permanent minutes of all its meetings. The minutes shall record attendance of its members, its resolutions, findings, recommendations and actions. The minutes of the commission shall be a public record.

3.6.6.1.4. Prepare and submit an annual report to the city council by March thirty-first of each year. Such report shall include a comprehensive and detailed review of the activities, problems and actions of the commission as well as any budget requests and/or recommendations.

3.6.6.2. The commission may request the North Carolina Department of Cultural Resources or the North Carolina Historic Commission to review, comment on, and make recommendations upon all applications for a certificate of appropriateness.

3.6.6.3. The commission shall adopt rules and regulations governing its procedures and operations, not inconsistent with the provisions of this ordinance and N.C.G.S. 160A-400.1 through 160A-400.14.

3.6.6.4. The historic district commission is authorized and empowered to undertake such actions reasonably necessary to the discharge and conduct of its duties and responsibilities as outlined in this section and N.C.G.S. 160A-19(3)(C), including, but not limited to, the following:

3.6.6.4.1. Undertake an inventory of properties of historical, prehistorical, architectural, and/or cultural significance;

3.6.6.4.2. Recommend to the city council districts or areas to be designated by ordinance as historic districts;

3.6.6.4.3. Recommend to the city council designation of any district or area as a historic district or part thereof be revoked or removed for cause;

3.6.6.4.4. Consider and grant or deny applications for certificates of appropriateness in accordance with the city's unified development ordinance and the N.C.G.S. 160A-400.9 through 160A-400.14;

3.6.6.4.5. Give advice to property owners concerning the treatment of the historical and visual characteristics of their properties located within the district, such as color schemes, garden and landscape features, and minor decorative elements;

3.6.6.4.6. Propose to the city council changes to this section or any related ordinance and propose new ordinances or laws relating to the total program for the development of the historical resources of the city and its environs;

3.6.6.4.7. Cooperate with the county commissioners, boards or commissions, or other governmental units; offer or request assistance, aid, guidance or advice concerning matters under is purview or of mutual interest;

3.6.6.4.8. Distribute information about, or otherwise inform the owners of property within the district, of any matters pertinent to its duties, organization, procedures, responsibilities, functions or requirements;

3.6.6.4.9. Conduct an education program with respect to historic properties and districts within its jurisdiction;

3.6.6.4.10. Report violations of this section or related ordinances to the local official responsible for enforcement;

3.6.6.4.11. Assist the city administrative staff in obtaining the services of private consultants and in carrying out programs or research or analysis;

3.6.6.4.12. Accept funds granted to the commission from private or nonprofit organizations, subject to the requirements of the Local Government Budget and Fiscal Control Act, N.C.G.S. 159-7 et seq. Any grants, gifts, appropriations or funds received by or made available to the commission from whatever source shall be handled through and administered by the city;

3.6.6.4.13. Contract with the approval of the city council for services or funds from the state and agencies or departments of the United States Government, or with any other organization provided the terms are not inconsistent with state or federal law;

3.6.6.4.14. Recommend to the city council and the state structures, sites, objects or districts worthy of national, state or local recognition;

3.6.6.4.15. Initiate and participate in negotiations with owners and other parties in an effort to find means of preserving buildings scheduled for demolition;

3.6.6.4.16. Establish guidelines under which the administrator or designee may approve minor modifications to properties on behalf of the commission. No applications will be denied without first being considered by the commission;

3.6.6.4.17. Conduct public hearings on applications for certificates of appropriateness where the commission deems such a hearing necessary (N.C.G.S. 160A-400.9(c);

3.6.6.4.18. Organize itself and conduct its business by whatever legal means it deems proper;

3.6.6.4.19. Exercise such other powers and perform such other duties as required elsewhere by this section, the general statutes, or by the city council; and

3.6.6.4.20. Prepare and recommend the official adoption of a preservation element as part of the city's comprehensive plan.

3.6.7. Designation of historic district.

3.6.7.1. It is the intent of this section to make provisions within this ordinance (i) to safeguard the heritage of the City of Kinston by preserving any area which reflects elements of its cultural, social, economic, political, or architectural history; (ii) to stabilize and improve property values in such areas; (iii) to foster civic beauty; (iv) to strengthen the local economy; and (v) to promote the use and preservation of such areas for the education, welfare, and pleasure of residents of Kinston and the state as a whole.

3.6.7.2. The city council may designate from time to time one (1) or more historic districts within the jurisdictional boundaries of the city. No historic district(s) shall be designated until:

3.6.7.2.1. The Kinston Historic District Commission shall have made an investigation and report on the historic significance of the buildings, structures, features, sites or surroundings included in any such proposed district, and shall have prepared a description of boundaries of such district.

3.6.7.2.2. The Kinston Historic District Commission shall have requested an analysis and recommendations based on the report required in subsection 3.6.7.2.1 from the North Carolina Department of Cultural Resources, including the proposed boundaries of the district. If the department shall not have provided the requested analysis and recommendations within thirty (30) days after a written request for such analysis and recommendations have been mailed to it, the city council is relieved of any responsibility for securing such analysis and recommendations and may at any time thereafter take any necessary action to adopt or amend its unified development ordinance.

3.6.7.2.3. Changes in the boundaries of an initial district or proposal for additional districts shall also be submitted to the Department of Cultural Resources in accordance with the provisions of subdivision (2) of N.C.G.S. 160A-400.4.

3.6.7.2.4. On receipt of these reports and recommendations, the city may proceed in the same manner as would otherwise be required for the adoption or amendment of any appropriate unified development ordinance provisions.