The historical heritage of the town is one of its most valued and important assets. Conservation of historic properties will stabilize and increase the values in their areas and strengthen the overall economy of the town, county and state. By means of listing, regulation and acquisition of historic properties, the town seeks, within its zoning jurisdiction:

(1)

To safeguard its heritage by preserving any property therein that embodies important elements of its cultural, social, economic, political or architectural history; and

(2)

To promote the use and conservation of the property for the education, pleasure and enrichment of the residents of the town, county and state as a whole.

(Code 1984, § 151.01; Code 2007, § 151.01)

(a)

Within the limits of its zoning jurisdiction, the town council (and with the approval of, the historic properties commission) may acquire property designated as historic property and may pay therefor out of any funds which may be appropriated for that purpose.

(b)

The town, pursuant to G.S. 160D-942, has the authority to acquire, maintain, manage, repair, restore, exchange or dispose of any building or structure designated as a historic property in any ordinance adopted pursuant to this chapter.

(c)

If the event the property is acquired under this section but is not used for some other governmental purpose, it shall be deemed to be a museum, notwithstanding the fact that the property may be or remain in private use, so long as the property is made reasonably accessible to and open for visitation by the general public.

(Code 1984, § 151.02; Code 2007, § 151.02)

(a)

All lands, buildings, structures, sites, areas or objects acquired by funds appropriated by the town shall be acquired in the name of the town unless otherwise provided by the town council.

(b)

So long as owned by the town, historic properties may be maintained by or under the supervision and control of the town.

(c)

However, all lands, buildings or structures acquired by the historic properties commission from funds other than those appropriated by the town may be acquired and held in the name of the historic properties commission, or both.

(Code 1984, § 151.03; Code 2007, § 151.03)

Designated historic buildings, structures, sites, areas or objects owned by the state or any of its political subdivisions, agencies or instrumentalities shall be subject to the regulations imposed by this chapter.

(Code 1984, § 151.04; Code 2007, § 151.04)

(a)

Whenever this chapter requires a longer waiting period or imposes other higher standards with respect to a designated historic property than are established under any other statute, charter provision, regulation or ordinance, this chapter shall govern.

(b)

Whenever the provisions of any other statute, charter provision, ordinance or regulation require a longer waiting period or impose other higher standards than are established under this chapter, the other charter provision, ordinance or regulation shall govern.

(Code 1984, § 151.05; Code 2007, § 151.05)

(a)

There is hereby established the town historic properties commission, hereafter referred to as the historic properties commission.

(b)

The commission, to consist of five members appointed by the town council.

(c)

In making the appointments to the commission, the town council shall designate one member to serve as chairperson.

(d)

The historic properties commission shall serve without monetary compensation.

(e)

In establishing the commission and making appointments to it, the town council shall seek the advice of the state or local historical agencies, societies or organizations as it may deem necessary.

(Code 2007, § 151.15; Ord. of 11-10-1987)

All members of the historic properties commission shall be residents of the territory subject to the zoning jurisdiction of the town, and a majority of the members shall have demonstrated special interest, experience or education in history or architecture.

(Code 1984, § 151.16; Code 2007, § 151.16)

(a)

Members of the historic properties commission shall serve overlapping terms of three years.

(b)

Initially, three members, one of which shall be the chairperson, shall be appointed for a term of two years, and the balance for a full term.

(c)

Thereafter, all appointments shall be for a term of three years.

(d)

A member may be reappointed for a second consecutive term, but after two consecutive terms, a member shall be ineligible for reappointment until one calendar year has elapsed from the date of the termination of the second term.

(Code 2007, § 151.17; Ord. of 11-10-1987)

(a)

The historic properties commission shall establish a meeting time and shall meet at least quarterly and more often as it shall determine and require. All meetings of the commission shall be open to the public in accordance with North Carolina Open Meetings Law. Reasonable notice of the time and place thereof shall be given to the public.

(b)

Any member of the historic properties commission who misses more than three consecutive regular meetings or more than one-half the regular meetings in a calendar year shall lose his status as a member of the commission and shall be replaced or reappointed by the town council pursuant to section 15-164. Absence due to sickness, death in the family or other emergencies of like nature shall be recognized as approved absences and shall not affect the member's status on the commission, except that in the event of a long illness or any other like cause for prolonged absence, the member shall be replaced.

(Code 1984, § 151.18; Code 2007, § 151.18)

(a)

The historic properties commission shall adopt rules of procedure for the conduct of its business, and an annual report shall be prepared and submitted by July 1 of each year to the planning board and the town council.

(b)

The report shall include a comprehensive and detailed review of the activities, problems and actions of the commission as well as any budget requests or recommendations.

(c)

The commission shall keep a record of its members' attendance, and of its resolutions, findings and recommendations, which record shall be a public record.

(d)

The commission shall annually elect a secretary.

(Code 1984, § 151.19; Code 2007, § 151.19; Ord. of 11-10-1987)

The historic properties commission is authorized and empowered to undertake actions reasonably necessary to the discharge and conduct of its duties and responsibilities as outlined in this chapter and G.S. 260D-942 et seq., including, but not limited to, the following:

(1)

Undertake an inventory of properties of historical, architectural or archeological significance;

(2)

Recommend to the town council buildings, structures, sites, areas or objects within its zoning jurisdiction to be designated by ordinance as historic properties;

(3)

Acquire by any lawful means the fee or any lesser included interest to any historic properties, to hold, manage, preserve, restore and improve the same, and to exchange or dispose of the same by public or private sale, lease or otherwise subject to covenants or other legally binding restrictions which will appropriate rights of public access and promote the preservation of the property;

(4)

Restore, preserve and operate the historic properties;

(5)

Recommend to the town council that designation of any building, structure, site, area or object as a historic property be revoked or removed;

(6)

Conduct an educational program on historic properties within its jurisdiction;

(7)

Cooperate with the state, federal and local governments in pursuance of the purposes of this chapter. The town council or the commission when authorized by the town council may contract with the state, or the United States of America, or any agency or with any other organization, provided the terms are not inconsistent with state or federal law;

(8)

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;

(9)

Act as, establish or designate a group, body or committee to give advice to property owners concerning the treatment of the historical and visual characteristics of their properties such as color schemes, gardens and landscape features and minor decorative elements;

(10)

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

(11)

Propose to the town council changes to this chapter or any other ordinance and propose new ordinances or laws relating to historic properties or relating to a total program for the protection or development of the historic resources of the town and its environs;

(12)

Communicate with other town boards or commissions or with agencies of the town or other governmental units to offer or request assistance, aid, guidance or advice concerning matters under its purview or of mutual interest;

(13)

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;

(14)

Report violations of this chapter, the zoning ordinances or the building code with respect to historic properties to the county building inspector who is the zoning enforcement officer for the town;

(15)

Accept funds granted to the commission for preservation purposes from private individuals and organizations; and

(16)

Organize itself and conduct its business.

(Code 1984, § 151.20; Code 2007, § 151.20)

The historic properties commission may recommend to the town council suitable arrangements for the procurement or provision of staff or technical services to the historic properties commission.

(Code 1984, § 151.21; Code 2007, § 151.21)

The historic properties commission, within the limits of funds appropriated for its use, may expend funds for the operation of the commission affairs and for the acquisition, restoration, operation and management of historic buildings, structures, sites, areas or objects designated as historic sites, or of land on which historic buildings or structures are located or to which they may be removed.

(Code 1984, § 151.22; Code 2007, § 151.22)

(a)

Upon compliance with the procedures set out in section 15-199, the town council may adopt and from time to time amend or repeal an ordinance designating one or more historic properties.

(b)

Such ordinance shall describe each property designated therein, the name of the property owner, those elements of the property that are integral to its historical, architectural or archaeological significance, including the approximate area of surrounding land, and any other information the town council deems necessary within the authority of this chapter.

(c)

For each building, structure, site, area or object designated as a historic property, such ordinance may require that the waiting period set forth in section 15-199 shall be observed prior to its demolition, material alteration, remodeling or removal.

(d)

For each designated historic property, the ordinance may also provide for a suitable sign on the property that the property has been so designated. If the owner consents, the sign shall be placed upon the property. If the owner objects, the sign shall be placed on a nearby public right-of-way.

(Code 1984, § 151.30; Code 2007, § 151.35)

In order for any building, structure, site, area or object to be designated in an ordinance as a historic property, the historic properties commission must find that the property is deemed and found to be of special significance in terms of its history, architecture, or cultural importance and to possess integrity of design, setting, workmanship, materials, feeling, or association.

(Code 1984, § 151.31; Code 2007, § 151.36)

The historic properties commission shall undertake an inventory of all properties of historical, architectural and archaeological significance in its jurisdiction. This inventory shall serve as a guide for the identification, assessment and designation of historic properties.

(Code 1984, § 151.32; Code 2007, § 151.37)

No ordinances designating a historic building, structure, site, area or object nor any amendment thereto may be adopted, nor may any property be accepted or acquired by the historic properties commission or the town council, until the following procedural steps have been taken:

(1)

The historic properties commission shall make or cause to be made an investigation and report on the historic, architectural, educational or cultural significance of each building, structure, site, area or object proposed for designation or acquisition. The report of the inventory and assessment shall be submitted to the department of cultural resources for its review;

(2)

The department of cultural resources or another agency or employee of the department designated by the secretary shall make an analysis of recommendations concerning the report of the commission within 30 days after the report and written request for the analysis have been received by the department. If the department fails to submit its analysis and recommendations to the town council within 30 days after the written request for analysis has been received, the commission and the town council shall be relieved of any responsibility to consider the comments;

(3)

The commission and the town council shall hold a public hearing on the proposed ordinance of designation. A notice of the public hearing shall be given once a week for two successive calendar weeks in a newspaper having general circulation in the area. The notice shall be published for the first time not less than 15 days nor more than 25 days before the date fixed for the hearing;

(4)

Following the joint public hearing, the town council may adopt the ordinance of designation as proposed, adopt the ordinance with any amendments deemed necessary, or reject the proposal;

(5)

Upon adoption of the ordinance of designation, the owners and occupants of each designated historic property shall be given written notification of the designation by the town council, insofar as reasonable diligence permits. One copy of the ordinance and each amendment thereto shall be filed by the commission in the office of the register of deeds of the county. Each historic property designated in the ordinance shall be indexed according to the name of the owner of the property in the grantee and grantor indexes in the register of deeds office, and the commission shall pay a reasonable fee for filing and indexing. A second copy of the ordinance and each amendment thereto shall be given to the county and town tax supervisors. A third copy of the ordinance and each amendment thereto shall be given to the owners and occupants of the property. A fourth copy of the ordinance and each amendment thereto shall be given to the building inspector. The fact that a building, structure, site, area or object has been designated a historic property shall be clearly indicated on all tax maps maintained by the county for a period as the designation remains in effect; and

(6)

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

(Code 1984, § 151.33; Code 2007, § 151.38)

A property which has been designated as a historic property may be materially altered, restored, moved or demolished only following the issuance by the historic properties commission of a certificate of appropriateness in accordance with the procedures of this chapter.

(Code 1984, § 151.40; Code 2007, § 151.50)

(a)

An application for a certificate of appropriateness authorizing the demolition of a designated historic property may not be denied.

(b)

However, the effective date of a like certificate may be delayed for a period of up to 180 days from the date of approval.

(c)

The maximum period of delay authorized by this section shall be reduced by the historic properties commission where it finds that the owner would suffer extreme hardship or be deprived of all beneficial use of or return from the property by virtue of the delay.

(d)

During that period the commission may negotiate with the owner and with any other parties in an effort to find a means of preserving the property.

(Code 1984, § 151.41; Code 2007, § 151.51)

(a)

Nothing in this article shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on a historic property that does not involve a change in design, material or outer appearance thereof, nor to prevent the construction, reconstruction, alteration, restoration, demolition or removal of any like feature when a building inspector or similar official certifies to the historic properties commission that the action is required for the public safety because of an unsafe or dangerous condition.

(b)

Nothing herein shall be construed to prevent a property owner from making any use of his property not prohibited by other statutes, ordinances or regulations.

(Code 1984, § 151.42; Code 2007, § 151.52)

(a)

An application for a certificate of appropriateness shall be obtained from and, when completed, filed with the appropriate administrative official.

(b)

Applications for certificates of appropriateness shall be considered by the historic properties commission at its next regular meeting, provided they have been filed, complete in form and content, at least seven calendar days before the regularly scheduled meeting of the commission; otherwise, consideration shall be deferred until the following meeting.

(c)

The commission shall, by uniform rule in its rules of procedure, require data as are reasonably necessary to determine the nature of the application.

(d)

An application for a certificate of appropriateness shall not be considered complete until all required data have been submitted.

(e)

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

(Code 1984, § 151.43; Code 2007, § 151.53)

(a)

Upon receipt of an application, the chairperson of the historic properties commission shall notify the commission members at least four calendar days before the regularly scheduled meeting.

(b)

Prior to issuance or denial of a certificate of appropriateness, the commission shall take action that may reasonably be required to inform the owners of any property likely to be materially affected by the application and shall give the applicant and the owners an opportunity to be heard.

(Code 1984, § 151.44; Code 2007, § 151.54)

In cases where the historic properties commission deems it necessary, it may hold a public hearing concerning the application.

(Code 1984, § 151.45; Code 2007, § 151.55)

(a)

The historic properties commission shall take action on the application and, in doing so, shall apply the review criteria contained in section 15-230.

(1)

The commission's action on the application shall be approval, approval with modifications or disapproval.

(2)

Prior to final action on an application, the commission, using the guidelines in section 15-230, shall make findings of fact indicating the extent to which the application is or is not in compliance with the review criteria.

(b)

The commission shall cause to be entered into the minutes of its meeting the reasons for its actions, whether it be approval, approval with modifications or denial.

(c)

If the commission fails to take final action upon any application within 60 days after the complete application is submitted to the chairperson of the historic properties commission, the application shall be deemed to be approved.

(Code 1984, § 151.46; Code 2007, § 151.56)

If the historic properties commission determines that a certificate of appropriateness should not be issued, 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.

(Code 1984, § 151.47; Code 2007, § 151.57)

(a)

It is the intention of these regulations to ensure, insofar as possible, that changes in designated properties or structures in the historic district shall be in harmony with the reasons for designation.

(b)

The following criteria shall be considered, when relevant, by the historic properties commission in reviewing applications for a certificate of appropriateness:

(1)

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

(2)

Setback, defined as the distance from the lot lines to the buildings;

(3)

Building height;

(4)

Spacing of buildings, defined as the distances between adjacent buildings;

(5)

Building materials;

(6)

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

(7)

Surface textures;

(8)

Roof shapes, forms and materials;

(9)

Use of local or regional architectural traditions;

(10)

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

(11)

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

(12)

Orientation of the building to the street;

(13)

Scale, determined by the size of the units of construction and architectural details in relation to the size of a human and also by the relationship of the building mass to adjoining open space and nearby buildings and structures;

(14)

Proportion of width to height of the total building facade;

(15)

Effect of trees and other landscape elements;

(16)

Appurtenant fixtures and other features such as lighting;

(17)

Structural condition and soundness;

(18)

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

(19)

Color;

(20)

Ground cover or paving; and

(21)

Maintenance of pedestrian scale and orientation as well as provision for safe pedestrian movement.

(Code 1984, § 151.48; Code 2007, § 151.58)

(a)

In the event that the historic properties commission, in reviewing an owner's proposed plans during the waiting period required by section 15-199, 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 town council 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.

(b)

The conditions as may be set by the historic properties commission and the town council shall be conditions for the issuance of the building permit.

(Code 1984, § 151.49; Code 2007, § 151.59)

(a)

It is hereby determined and declared that the historical heritage of the town and the county is a most valued and important asset.

(b)

It is the intent of this article to:

(1)

Safeguard the heritage of the town and the county in preserving the districts therein which reflect elements of their cultural, social, economic, political or architectural history;

(2)

Stabilize and improve property values in a like district; to foster civic beauty; to strengthen the local economy; and

(3)

Promote the use and preservation of historic districts for the education, welfare and pleasure of residents of the town, the county and the state as a whole.

(Code 1984, § 151.60; Code 2007, § 151.70)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Historic districts means those areas designated as historic districts by ordinance, including amendments adopted from time to time, and shown as historic districts on the zoning map of the town and its environs.

(Code 1984, § 151.61; Code 2007, § 151.71)

(a)

Created; composition; qualifications and terms of members.

(1)

The historic properties commission is hereby designated with the powers and duties of the historic district commission, under the authority of G.S. 160D-941.

(2)

The qualifications and terms of members shall be identical to those of the historic properties commission.

(b)

Powers and duties; appeals from commission's actions.

(1)

The historic district commission shall have the powers and duties conferred upon historic district commissions under G.S. 160D-940 through 160D-951. The commission shall have authority to determine, with respect to each lot or parcel of land in historic districts, appropriate architecture, construction and location of structures, and uses for each lot or parcel compatible with the preservation of the district.

(2)

The historic district commission shall have authority to consider and act upon applications for certificates of appropriateness as to the exterior architectural features of any building or other structure proposed for erection, alteration, restoration or movement within a historic district. Exterior architectural features shall include the architectural style, general design and general arrangement of the exterior of a building or other structure, including the color, the kind and texture of the building material and the type and style of all windows, doors, light fixtures, signs and other appurtenant fixtures. In the case of outdoor advertising signs, exterior architectural features shall be construed to mean the style, material, size and location of all signs.

(3)

The commission shall not consider interior arrangement.

(4)

a.

Prior to issuance or denial of a certificate of appropriateness, the commission shall take action as may reasonably be required to inform the owners of any property likely to be materially affected by the application and shall give the applicant and those owners an opportunity to be heard.

b.

In cases where the commission deems it necessary, it may hold a public hearing concerning the application.

(5)

An appeal may be taken to the zoning board of adjustment from the commission's action in granting or denying a certificate of appropriateness, in the same manner as an appeal from the zoning officer to the board of adjustment.

(6)

Any appeal from the board of adjustment's decision in any like case shall be heard by the superior court of the county, on writ of certiorari, as in the case of any other appeal from the zoning board of adjustment.

(c)

Delay of demolition. The commission shall also have authority to take action that may be necessary or appropriate under the provisions of this article relating to delay in demolition of historic buildings.

(d)

Prevention of construction or removal. Further, the commission may, in its discretion, request the zoning officer or zoning board of adjustment to take action as may be appropriate to prevent the construction, reconstruction, alteration, restoration or removal of buildings, structures, appurtenant fixtures or outdoor advertising signs in historic districts in violation of the provisions of this article.

(Code 1984, § 151.62; Code 2007, § 151.72; Ord. of 11-10-1987)

(a)

Certificate of appropriateness required.

(1)

No exterior portion of any building or other structure, including walls, fences, light fixtures, steps and pavement or other appurtenant features, and no type of outdoor advertising sign shall be erected, altered, restored or moved within a historic district until after an application for a certificate of appropriateness as to the exterior or architectural features of that structure has been submitted to and approved by the historic district commission.

(2)

No building permit or other permit required for the purposes of constructing or altering structures in historic districts shall be issued until a certificate of appropriateness has been issued, or unless the commission has failed to act on an application within 90 days, in which case the application shall be deemed approved, as provided in subsection (c)(1) of this section.

(b)

Application. Applications for certificates of appropriateness shall be submitted through the office of the zoning officer and shall include, in duplicate, all plans, elevations and other information necessary to determine the appropriateness of the features or use to be passed upon.

(c)

Determination.

(1)

Approval.

a.

Upon approval of an application, the historic district commission shall forthwith transmit a report to the zoning officer, stating the basis upon which the approval was made, and cause a certificate of appropriateness to be issued to the applicant. Upon failure of the commission to take final action upon any case within 90 days after the application for a permit, the case shall be deemed to be approved, except when, by mutual agreement, the time limit has been extended.

b.

When a certificate of appropriateness has been issued, a copy thereof shall be transmitted to the zoning officer, who shall, from time to time, inspect the construction or alteration approved by the certificate and report to the commission any work not in accordance with the certificate.

(2)

Disapproval. In case of disapproval of an application for a certificate of appropriateness, the historic district commission shall state its reasons therefor in a written statement to the applicant and make recommendations as it may deem appropriate concerning any exterior architectural features of the proposed project which may be of guidance or help to the applicant in revising his plans.

(Code 1984, § 151.63; Code 2007, § 151.73)

(a)

No building or structure in a historic district shall be demolished or otherwise removed, until the owner thereof shall have given the historic district commission 90 days' written notice of his proposed action.

(b)

During that 90-day period, the historic district commission may negotiate with the owner and with any other parties in an effort to find a means of preserving the building.

(c)

If the historic district commission finds that the building involved has no particular historic significance or value toward maintaining the character of the district, it may waive all or part of the 90-day period and authorize earlier demolition or removal.

(Code 1984, § 151.64; Code 2007, § 151.74)

Nothing in this article shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in a historic district which does not involve a change in design, material, color or outer appearance thereof, or to prevent the construction, reconstruction, alteration, restoration or demolition of any like feature which the superintendent of inspections or similar official shall certify is required by the public safety because of an unsafe or dangerous condition.

(Code 1984, § 151.65; Code 2007, § 151.75)

In case any building, structure, site, area or object designated a historic property is about to be demolished whether as the result of deliberate neglect or otherwise, materially altered, remodeled or removed, except in compliance with this chapter, the town or the historic properties commission may institute any appropriate action or proceedings to prevent the unlawful demolition, material alteration, remodeling or removal, to restrain, correct or abate the violation, or to prevent any illegal act or conduct with respect to the historic property.

(Code 1984, § 151.98; Code 2007, § 151.76)