The historical heritage of the city is one of its most valued and important assets. The conservation and preservation of historic districts and landmarks stabilizes and increases property values in their areas and strengthens the overall economy of the city, county and state. The city is authorized by the North Carolina General Statutes, by means of listing, regulation, and acquisition, within its zoning jurisdiction, to:

(1)

Safeguard the heritage of the city by preserving any district or landmark therein that embodies important elements of its culture, history, architectural history, or prehistory; and

(2)

Promote the use and conservation of such district or landmark for the education, pleasure and enrichment of the residents of the city and state as a whole.

The purpose of these regulations is to facilitate the preservation and conservation of historic districts and landmarks within the city's zoning jurisdiction, to review construction design to ensure compatibility with the character of the district, and to promote the use and conservation of historic districts and landmarks therein for the education, pleasure and enrichment of the residents of the city and state as a whole.

(Ord. No. 22-051, § 40, 12-13-2022)

State Law reference— G.S. 160D-940.

Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this ordinance shall have the meaning indicated below:

(1)

Administrator: All references to the administrator shall mean the city planner, or in his or her absence, that person designated by the director of development services.

(2)

Alteration: Any act or process that changes one or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure.

(3)

Character of historic district, or character: All references to character in the context of the character of an historic district shall mean an area having special significance in terms of its history, prehistory, architecture and culture, and possessing integrity of design, setting, materials, feeling and association, all as referenced in subsection 15-413(c).

(4)

Commission: All references to the commission shall mean the city historic preservation commission as established in section 15-419.

(5)

Construction: The act of adding an addition to an existing structure or the erection of a new principal or accessory structure on a lot or property.

(6)

Contributing structure: Those late 18th, 19th, and early to mid-20th century buildings and structures located in the historic district that generally have historic, architectural, or cultural significance as determined by the commission with consultation and input from the state historic preservation office. In determining whether a building or structure is a contributing structure, age, intactness, and historic, architectural, and cultural significance are considered more than condition.

(7)

Demolition: An act or process that destroys in part or in whole a building, structure, or archaeological resource that is designated an historic landmark or is located within an historic district. Removal of architectural elements and details such as, but not limited to, cornices, windows, decorative detailing, porches, and porte-cocheres shall not constitute demolition in part of the said building or structure, but shall be considered alterations which require a certificate of appropriateness.

(8)

Design standards: All references to design standards shall mean those principles and standards prepared and adopted by the commission pursuant to subsection 15-420(b), further approved and adopted by the board of aldermen, and contained in the Historic District Design Principles and Standards maintained in the office of development services and available to the public on the city's official website.

(9)

Exterior feature: Includes the architectural style, general design, and general arrangement of the exterior of a building or other structure, including the kind and texture of the building material, the size and scale of the building, and the type and style of all windows, doors, light fixtures, signs, and other appurtenant fixtures. In the case of outdoor advertising signs, "exterior features" shall be construed to mean the style, material, size, and location of all such signs.

(10)

Historic district(s) or district(s): Those areas established and identified in subsection 15-413(c).

(11)

Historic landmark: A property, structure, or site designated as a "landmark" by ordinance of the board of aldermen, pursuant to procedures described herein, that is worthy of rehabilitation, restoration, and preservation because of its historic, architectural, and/or archaeological significance to the city.

(12)

Major works: Alterations, modifications, or additions to existing buildings or sites in a district that significantly alter the appearance of the structure or site, and that do not constitute minor works.

(13)

Minor works: Changes to a property that are considered not to have a significant adverse impact on the property, and are consistent with the commission's standards and guidelines. A full listing of minor work items is available from the administrator, and on the city's official website.

(14)

Preservation: The act or process of applying measures to sustain the existing form, integrity, and material of a building or structure, and the existing form and vegetative cover of a site. It may include stabilization work, where necessary, as well as ongoing maintenance of the historic building materials.

(15)

Reconstruction or restoration, authentic: The act or process of reproducing or restoring by construction the exact form and detail of a vanished building, structure, or object, or a part thereof, as it appeared at a specific period of time.

(16)

Rehabilitation: The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural, and cultural values.

(17)

Removal: Any relocation of a structure on its site or to another site.

(18)

Repair: Any change that is not construction, removal, demolition, or alteration.

(19)

Stabilization: The act or process of applying measures designed to reestablish a weather resistant enclosure and the structural stability of unsafe or deteriorated property while maintaining the essential form as it exists at present.

(Ord. No. 22-051, § 40, 12-13-2022)

(a)

The board of aldermen may, as a part of a zoning ordinance enacted or amended pursuant to this article, designate and from time to time amend one or more historic districts within the area subject to the ordinance. Such ordinance shall treat the historic district as a district which overlays other zoning districts.

(b)

No additional historic district or districts shall be designated until:

(1)

An investigation and report describing the significance of the buildings, structures, features, sites, or surroundings included in any such proposed district, and a description of the boundaries of such district, has been prepared; and

(2)

The state department of cultural resources, acting through the state historic preservation officer or his or her designee, shall have made an analysis of and recommendations concerning such report and description of proposed boundaries. Failure of the department to submit its written analysis and recommendations to the board of aldermen within 30 calendar days after a written request for such analysis has been received by the department of cultural resources shall relieve the municipality of any responsibility for awaiting such analysis, and said board of aldermen may at any time thereafter take any necessary action to adopt or amend its zoning ordinance.

(c)

With respect to any changes in the boundaries of a district, subsequent to its initial establishment, or the creation of additional districts within the jurisdiction, the investigative studies and reports required by subsection (b)(1) of this section shall be prepared by the commission and shall be referred to the planning board for its review and comment according to procedures set forth in the zoning regulation. Changes in the boundaries of an initial district or proposal for additional districts shall also be submitted to the department of natural and cultural resources in accordance with the provisions of subsection (b)(2) of this section. On receipt of these reports and recommendations, the board of aldermen may proceed in the same manner as would otherwise be required for the adoption or amendment of any appropriate zoning regulation.

(d)

The creation of an historic district in no way affects the permitted uses established for each of the zoning classifications found in the city's zoning ordinances.

(Ord. No. 22-051, § 40, 12-13-2022)

State Law reference— G.S. 160D-944.

(a)

Upon complying with section 15-415, the board of aldermen may adopt and from time to time amend or repeal an ordinance designating one or more historic landmarks. No property shall be recommended for designation as a historic landmark unless it is deemed and found by the commission to be of special significance in terms of its historical, prehistorical, architectural, or cultural importance, and to possess integrity of design, setting, workmanship, materials, feeling, and/or association.

(b)

The ordinance shall describe each property designated in the ordinance, the name or names of the owner or owners of the property, those elements of the property that are integral to its historical, architectural, or prehistoric value, including the land area of the property so designated, and any other information the board of aldermen deems necessary. For each building, structure, site, area, or object so designated as a historic landmark, the ordinance shall require that the waiting period set forth in this article be observed prior to its demolition, and in the case of contributing structures, subject to the provisions of subsection 15-426(b). For each designated landmark, the ordinance may also provide for a suitable sign on the property indicating 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

(Ord. No. 22-051, § 40, 12-13-2022)

State Law reference— G.S. 160D-945; Session Law 2007-32.

(a)

As a guide for the identification and evaluation of landmarks, the commission shall undertake, at the earliest possible time and consistent with the resources available to it, an inventory of properties of historical, architectural, prehistorical, and cultural significance within its jurisdiction. Such inventories and any additions or revisions thereof shall be submitted as expeditiously as possible to the state division of archives and history. No ordinance designating a historic building, structure, site, area, or object as a landmark nor any amendment thereto may be adopted, nor may any property be accepted or acquired by the historic preservation commission or the board of aldermen, until all of the following procedural steps have been taken:

(1)

The commission shall (i) prepare and adopt rules of procedure, and (ii) prepare and adopt principles and guidelines, not inconsistent with this article, for altering, restoring, moving, or demolishing properties designated as landmarks.

(2)

The commission shall make or cause to be made an investigation and report on the historic, architectural, archaeological, educational, or cultural significance of each building, structure, site, area, or object proposed for designation or acquisition. Such investigation or report shall be forwarded to the office of archives and history, state department of cultural resources.

(3)

The state department of cultural resources, acting through the state historic preservation officer shall either upon request of the department or at the initiative of the commission be given an opportunity to review and comment upon the substance and effect of the designation of any landmark pursuant to this article. Any comments shall be provided in writing. If the department of cultural resources does not submit its comments or recommendation in connection with any designation within 30 days following receipt by the department of the investigation and report of the commission, the commission and the board of aldermen shall be relieved of any responsibility to consider such comments.

(4)

The commission and the board of aldermen shall hold a joint public hearing or separate public hearings on the proposed ordinance. Notice of the hearing shall be made as provided by G.S. 160D-601.

(5)

Following the public hearing process, the board of aldermen may adopt the ordinance as proposed, adopt the ordinance with any amendments it deems necessary, or reject the proposed ordinance.

(6)

Upon adoption of the ordinance, the owners and occupants of each designated landmark shall be given written notification of such designation within 30 days of such designation. One copy of the ordinance and all amendments thereto shall be filed by the commission in the office of the county register of deeds. Each designated landmark 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 all amendments thereto shall be kept on file in the office of the city clerk and be made available for public inspection at any reasonable time. A third copy of the ordinance and all amendments thereto shall be given to the city zoning administrator and building inspector. The fact that a building, structure, site, area, or object has been designated a landmark shall be clearly indicated on all tax maps maintained by the county or city for such period as the designation remains in effect.

(7)

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

(Ord. No. 22-051, § 40, 12-13-2022)

State Law reference— G.S. 160D-946.

Buildings and structures within the historic district shall observe the dimensional and other regulations of the city's zoning ordinances, except as follows:

(a)

Front yard setbacks shall be within a zone established by the minimum and maximum setbacks of the existing structures on both sides of the block under consideration as of the date of the application for a certificate of appropriateness.

(b)

The minimum side yard setback shall be:

(1)

For residential uses, five feet, or less as provided in section 15-123; or

(2)

For all other uses, the applicable side yards shall be those prescribed by the city zoning ordinance for that particular zoning classification.

(c)

Rear yard. Rear yards will be the resultant ground remaining from setback, side yard, and lot coverage requirements, but shall be no less than six feet in depth.

(d)

Lot coverage. Lot coverage for residential uses shall not exceed 60 percent of the total lot area.

(e)

All setbacks, lot coverage ratios and other zoning requirements specific to an application for a certificate of appropriateness shall be determined by the zoning administrator or his designee, and provided to the commission prior to the consideration of a certificate of appropriateness as a written opinion of the zoning administrator.

(Ord. No. 23-028, § 1, 8-8-23)

Where the commission, in considering an application for a certificate of appropriateness, shall find that the number of off-street parking spaces required by the zoning regulations for a building or structure for which a building permit is requested would render the building incongruous with the historic aspects of the district, it shall recommend to the board of adjustment a waiver, in part or in whole, of off-street parking requirements. The board of adjustment may authorize a lesser number of off-street parking spaces, provided:

(1)

The board finds that the lesser number of off-street parking spaces will not create problems due to increased on-street parking; and

(2)

No threat to public safety is thereby created.

(Ord. No. 23-028, § 2, 8-8-23)

(a)

An authentic restoration or reconstruction in the same location as the original, and in the original conformation of the structure, of a structure of historic and/or architectural significance to the historic district, may, with the concurrence of the board of adjustment, be approved by the commission, although the restoration or reconstruction does not comply with the dimensional regulations of the district or the underlying zoning classification.

(b)

The commission, in approving such authentic reconstruction or restoration, may attach reasonable and appropriate conditions to the approval, such that the public health, safety, and general welfare shall be protected; provided, however, the commission may not approve a use of property which is not a use permitted within the zoning classification in which the property is located, or approve any alteration that does not meet the city's established zoning requirements. All such zoning determinations shall be made by the zoning administrator pursuant to subsection 15-416(e).

(c)

The commission shall apply the secretary of the interior's standards to applications for a certificate of appropriateness for an authentic restoration or reconstruction.

(Ord. No. 22-051, § 40, 12-13-2022)

(a)

There is hereby established the state historic preservation commission, to consist of nine members appointed by the board of aldermen. Commission members shall reside within the city limits or the city's extraterritorial planning area, and a majority of the members shall have demonstrated special interest, experience, or education in history, architecture, archeology, or related fields.

(b)

Members of the commission shall serve staggered terms of three years. Initially, three members shall serve a term of three years, three members shall serve a term of two years, and three members shall serve a term of one year. A member may be reappointed for a second consecutive term, but after two consecutive terms a member shall be ineligible for reappointment until two calendar years have elapsed from the date of the termination of his or her second term. Terms shall expire on June 30, and new terms shall commence on July 1.

(c)

The commission shall establish a meeting time, and shall meet at least monthly and more often as it shall determine as required by section 15-41. All meetings of the commission shall be open to the public, in accordance with the North Carolina Open Meetings Law, G.S. 143-318.9 et seq. The commission shall 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.

(Ord. No. 22-051, § 40, 12-13-2022)

State Law reference— G.S. 160D-941; G.S. 143-318.9 et seq.

(a)

The commission shall adopt, publish and maintain rules of procedure for the conduct of its business. Such rules of procedure shall be maintained in the office of development services and available to the public on the city's official website.

(b)

The commission shall prepare, adopt and recommend principles and standards not inconsistent with G.S. ch. 160D, art. 9, pt. 4 to guide the commission in determining congruity with the special character of the landmark or district for new construction, alterations, additions, moving, and demolition for further consideration, approval and adoption by the board of aldermen. Such principles and standards shall be titled "Historic District Design Principles and Standards," and shall be maintained in the office of development services and available to the public on the city's official website. The adopted design standards are incorporated herein by reference.

(Ord. No. 22-051, § 40, 12-13-2022)

State Law reference— G.S. 160D-947(c).

The commission may, within the zoning jurisdiction of the city:

(1)

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

(2)

Recommend to the board of aldermen areas to be designated by ordinance as "historic districts"; and individual structures, buildings, sites, areas, or objects to be designated by ordinance as "landmarks";

(3)

Acquire by any lawful means the fee or any lesser included interest, including options to purchase, to properties within established districts or to any such properties designated as landmarks, to hold, manage, preserve, restore, and improve the same, and to exchange or dispose of the property by public or private sale, lease or otherwise, subject to covenants or other legally binding restrictions which will secure appropriate rights of public access and promote the preservation of the property;

(4)

Restore, preserve, and operate historic properties;

(5)

Recommend to the board of aldermen that designation of any area as a historic district or part thereof, or designation of any building, structure, site, area, or object as a landmark, be revoked or removed for cause;

(6)

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

(7)

Cooperate with the state, federal, and local governments in pursuance of the purposes of G.S. ch. 160D, art. 9, pt. 4. The board of aldermen, or commission when authorized by the board of aldermen, may contract with the state, or the United States of America, or any agency of either, 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)

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

(10)

Review and act upon proposals for alterations, demolitions, or construction within historic districts, or for the alteration or demolition of designated landmarks pursuant to G.S. ch. 160D, art. 9, pt. 4; and

(11)

Negotiate at any time with the owner of a building, structure, site, area, or object for its acquisition or its preservation, when such action is reasonably necessary or appropriate.

(Ord. No. 22-051, § 40, 12-13-2022)

State Law reference— G.S. 160D-942.

(a)

No exterior portion of any building or other structure (including masonry walls, fences, light fixtures, steps and pavement, or other appurtenant features), nor building site, nor aboveground utility structure, nor any type of outdoor advertising sign, nor any satellite receive-only earth station antennae, shall be erected, altered, restored, moved, or demolished within such district until after an application for a certificate of appropriateness has been submitted to and approved by the commission, or the administrator in the case of "minor works."

A certificate of appropriateness shall be issued by the commission, or by the administrator in the case of minor works, prior to the issuance of a building permit granted for the purposes of constructing, altering, moving, or demolishing structures, which certificate may be issued subject to reasonable conditions necessary to carry out the purposes of this article, and, in the case of satellite receive-only earth station antennae, such conditions may include regulation of location, height, and screening through the application of guidelines set forth in the historic district design guidelines. A certificate of appropriateness shall be required whether or not a building permit is required, but said certificate of appropriateness does not obviate the necessity of procuring a building permit or such other permit as may be required by law; provided, however, any building permit or other permit issued other than in conformity with this section shall be invalid. Only the commission may deny an application for a certificate of appropriateness. No application for a certificate of appropriateness through the minor works process may be denied by the administrator.

Except as provided in subsection (b), the commission shall have no jurisdiction over interior arrangement and 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 in the district or on a landmark which would be incongruous with the special character of the landmark or district.

(b)

Notwithstanding subsection (a), jurisdiction of the commission 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 granted in writing by the owner. Said consent of an owner for interior review shall bind future owners and/or successors in title, provided such consent has been filed in the office of the register of deeds of the county and indexed according to the name of the owner of the property in the grantee and grantor indexes. The landmark designation shall specify the interior features to be reviewed and the specific nature of the commission's jurisdiction over the interior.

(c)

All public utility companies shall be required to obtain certificates of appropriateness prior to initiating any changes in utility installations or structures on easements or streets located in the historic district or on landmark property; provided, however, a certificate of appropriateness is not required in order to conduct ordinary maintenance or repair of utility lines and supporting structures, and/or replacement of street fixtures in the event of equipment failure or damage due to accident or natural occurrences, such as electrical storms, tornadoes, and ice storms.

(d)

All applications for certificates of appropriateness shall be reviewed and acted upon within a reasonable time, not to exceed 180 days from the date the application for a certificate of appropriateness is filed, as defined by the commission's rules of procedure. Nothing herein shall prohibit an extension of time where mutual consent is given. Failure to take final action on an application within the prescribed time limit, or extensions thereof, shall result in approval of the application submitted. As part of its review procedure, the commission may view the premises and seek the advice of the division of archives and history or such other expert advice as it may deem necessary under the circumstances.

(e)

Appeals.

(1)

Appeals of administrative decisions may be taken to the commission.

(2)

All decisions of the commission in granting or denying a certificate of appropriateness may be appealed to the board of adjustment in the nature of certiorari within times prescribed for appeals of administrative decisions in G.S. 160D-405(d). To the extent applicable, the provisions of G.S. 160D-1402 apply to appeals in the nature of certiorari to the board of adjustment.

(3)

Appeals from the board of adjustment may be made pursuant to G.S. 160D-1402.

(4)

Petitions for judicial review shall be taken within times prescribed for appeal of quasi-judicial decisions in G.S. 160D-1405. Appeals in any such case shall be heard by the superior court of the county in which the local government is located.

(f)

All of the provisions of this section are hereby made applicable to construction, alteration, moving, and demolition by the state, its political subdivisions, agencies and instrumentalities, provided, however, they shall not apply to interiors of buildings or structures owned by the state. The state and its agencies shall have a right of appeal to the state historical commission or any successor agency assuming its responsibilities under G.S. 121-12(a) from any decision of the commission. The state historical commission shall render its decision within 30 days from the date that the notice of appeal by the state is received by it. The current edition of the secretary of the interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings shall be the sole principles and guidelines used in reviewing applications of the state for certificates of appropriateness. The decision of the state historical commission shall be final and binding upon both the state and the commission.

(Ord. No. 22-051, § 40, 12-13-2022)

State Law reference— G.S. 160D-947.

(a)

Preapplication review. Prior to the submission of an application for a certificate of appropriateness, a preapplication review is available to any prospective applicant, and is required for any project that constitutes a major works. A preapplication review allows the applicant to become familiar with the commission's standards and guidelines and is intended to facilitate the certificate of appropriateness application process. An applicant seeking a certificate of appropriateness for a major works shall prepare and submit such information deemed relevant by the administrator or commission, which may include, but is not limited to the following:

1.

Plot plans;

2.

Preliminary drawings;

3.

Samples of materials;

4.

Photographs.

The preapplication review does not require a formal application, detailed architectural plans, drawings and specifications, or proposals from contractors. Applicants seeking or requiring a preapplication review shall notify the administrator before the date of the anticipated preapplication review to ensure that all relevant information is provided to the commission.

(b)

Application submitted to appropriate administrative official. An application for a certificate of appropriateness shall be obtained from and, when completed, filed with the city's development services department where it shall be reviewed by the zoning administrator for compliance with applicable zoning requirements, and then forwarded to the administrator. Applications for certificates of appropriateness must be filed with the written consent the property owner. Applications for certificates of appropriateness shall be considered by the commission at its next regular meeting which is held at least 14 days after the completed application shall have been filed.

(c)

Contents of application. The commission shall, by uniform rule in its rules of procedure, determine the form of the application which is to be filed for a certificate of appropriateness, and may require such data as is reasonably necessary to determine the nature of the application. An application shall not be considered complete until all the required data shall have been submitted. Nothing shall prevent the applicant from filing with the application additional relevant information bearing on the application. An applicant may amend or supplement an application at any time prior to a final decision by the commission.

(d)

Quasi-judicial procedures. Other than administrative decisions on minor works, decisions on certificates of appropriateness are quasi-judicial and shall follow the procedures of G.S. 170D-406.

(e)

Commission action on application. Prior to the issuance or denial of a certificate of appropriateness, the applicant and other property owners likely to be materially affected by the application shall be given an opportunity to be heard. After the applicant and other property owners likely to be materially affected by the application have been given an opportunity to be heard, the commission shall take action on the application and in doing so shall apply the review criteria contained in the design standards, or the secretary of the interior's standards in the case of authentic restorations or reconstructions, and this ordinance. The commission's action on the application shall be approval, approval with conditions, or denial. The commission shall not refuse to issue a certificate of appropriateness except for the purpose of preventing the construction, reconstruction, alteration, restoration, moving, or demolition of buildings, structures, appurtenant features or other significant features in the historic district which would be incongruous with the special character of the district. In cases where the commission deems it necessary, it may hold a public hearing concerning an application for a certificate of appropriateness for major works.

As part of its review procedure, the commission may view the premises, and seek the advice of the department of cultural resources, or such other expert advice as it may deem necessary under the circumstances.

(f)

Reasons for commission's actions to appear in minutes. The commission shall cause to be entered into the minutes of its meeting the reasons for its actions, whether it be approval, approval with conditions, or denial.

(g)

Submission of new application. If the commission determines that a certificate of appropriateness should not be issued, a new application affecting the same property may be submitted to the administrator immediately, provided such new application reflects such changes in the proposal as are necessary to address the reasons for the prior denial.

(h)

Waiver of filing schedules and notice in cases of disaster-related repairs. Notwithstanding any other provision of this section, in cases in which a state of emergency or disaster has been declared by the city or its authorized elected officials as a result of natural or manmade events, the commission may, in its sole discretion, waive all application deadline requirements and requirements of notice to neighboring property owners in an effort to expedite the review of applications for certificates of appropriateness addressing disaster-related repairs to buildings and structures within the historic district. Waiver of said filing deadline and notice requirements shall not relieve the applicant/property owner of making permanent repairs that meet the established guidelines and standards for improvements in the historic districts which require a certificate of appropriateness. The commission may, in its sole discretion, authorize temporary repairs to be made which may be left in place during a period not to exceed six months so that the applicant/property owner may attempt to weatherproof or stabilize a damaged building/structure.

(Ord. No. 22-051, § 40, 12-13-2022)

State Law reference— G.S. 160D-947(c).

(a)

Intent. It is the intention of these regulations to insure, insofar as possible, that buildings or structures in the historic district shall be in harmony with other buildings or structures located therein. However, it is not the intention of these regulations to require the reconstruction or restoration of individual or original buildings, or prohibit the demolition of the same other than as provided in section 15-426, or to impose architectural styles from particular historic periods. In considering construction, the commission shall encourage architectural design that is harmonious with the character of the district or individually designated landmark.

(b)

Exterior form and appearance. In reviewing applications for a certificate of appropriateness, the commission shall apply the design standards in determining whether a proposed project is congruous with the special character of the district, unless the application for a certificate of appropriateness is for an authentic restoration or reconstruction, in which case the commission shall apply the secretary of the interior's standards.

(Ord. No. 22-051, § 40, 12-13-2022)

(a)

Nothing in this article shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in a historic district or of a landmark which does not involve a change in design, material, or appearance thereof, nor to prevent the construction, reconstruction, alteration, restoration, moving, or demolition of any feature which the building inspector or similar official shall certify in writing to the commission is required by the public safety because of unsafe or dangerous condition, and no certificate of appropriateness is required in order to do the things permitted by this subsection 15-425(a).

(b)

Nothing in this article shall be construed to prevent a property owner from making any use of his property that is not prohibited by law.

(c)

Nothing in this article shall be construed to prevent (i) the maintenance, or (b) in the event of an emergency the immediate restoration, of any existing above-ground utility structure without approval by the commission.

(Ord. No. 22-051, § 40, 12-13-2022)

State Law reference— G.S. 160D-948.

(a)

An application for a certificate of appropriateness authorizing the demolition or destruction of a non-contributing structure may not be denied.

(b)

An application for a certificate of appropriateness authorizing the demolition or destruction of a contributing structure may be denied consistent with the provisions of the design standards, except where the commission finds that the owner would be permanently deprived of all beneficial use or return by virtue of the denial.

(c)

An application for a certificate of appropriateness authorizing the demolition or destruction of a building, site, or structure determined by the state historic preservation officer as having statewide significance as defined in the criteria of the National Register of Historic Places may be denied except where the commission finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return by virtue of the denial.

(d)

A certificate of appropriateness issued pursuant to this section may contain reasonable conditions related to the demolition or destruction of the building or structure.

(e)

If the commission has voted to recommend designation of a property as a landmark or designation of an area as an historic district, and final designation has not been made by the board of aldermen, the demolition or destruction of any contributing structure located on the property of the proposed landmark or in the proposed district may be delayed by the commission for a period of up to 365 days, or until the board of aldermen takes final action on the designation, whichever occurs first. Should the board of aldermen designate a property as a landmark or designate an area as an historic district, the demolition of any contributing structure delayed by the commission shall be subject to the requirements of subsection (b).

(Ord. No. 22-051, § 40, 12-13-2022)

State Law reference— G.S. 160D-949; Session Law 2007-32.

In case any building, structure, site, area, or object designated as a historic landmark or located within a historic district designated pursuant to this article is about to be demolished, whether as the result of deliberate neglect or otherwise, materially altered, remodeled, removed, or destroyed, except in compliance with this article or other provisions of this ordinance, the city, the commission, or other party aggrieved by such action may institute any appropriate action or proceedings to prevent such unlawful demolition, destruction, material alteration, remodeling, or removal, to restrain, correct, or abate such violation, or to prevent any illegal act or conduct with respect to such building, structure, site, area, or object. Such remedies shall be in addition to any others authorized by G.S. ch. 160A for violation of this Code.

(Ord. No. 22-051, § 40, 12-13-2022)

(a)

Compliance with the terms of the certificate of appropriateness shall be enforced by the administrator. Failure to comply with a certificate of appropriateness shall constitute a violation of the ordinance.

(b)

The certificate of appropriateness shall be valid for a period of one year from the date of issuance. In the event of an appeal of a certificate of appropriateness, the certificate shall be valid for a period of one year from the date of expiration of any rights of appeal.

(c)

Failure to procure a building permit within a one-year period shall be considered as a failure to comply with the certificate of appropriateness and the certificate shall become null and void. If a building permit is not required, the approved work shall be commenced within a one-year period from the date of issuance unless the certificate of appropriateness is extended as provided in subsection (d).

(d)

The certificate of appropriateness may be extended by the administrator for a period not to exceed one year upon written request of the applicant if the written request is submitted prior to the expiration of the original certificate. The administrator shall inform the commission of any extension of time for a certificate of appropriateness. No extension of a certificate shall be denied by the administrator without formal action of the commission. Notwithstanding the administrator's authority under this section, the commission is also empowered to grant an extension of a certificate of appropriateness for any length of time deemed appropriate provided an application for such extension is submitted in writing to the commission prior to the expiration of the original certificate or any extension thereof. If the applicant fails to extend a certificate, then the project must be resubmitted to the commission. No notice shall be required to extend a certificate of appropriateness.

(e)

A certificate of appropriateness is transferable provided the new property owner signs a written statement acknowledging his understanding and acceptance of the terms of the approved certificate of appropriateness.

(Ord. No. 22-051, § 40, 12-13-2022)

State Law reference— G.S. 160D-947(c).

(a)

Standards. The exterior features of any building or structure located within an historic district shall be preserved by the owner or such other person who may have legal possession, custody, and control thereof against decay and deterioration and kept free from structural defects. The owner, or other person having such legal possession, custody, and control, shall upon written request by the city repair such exterior features if they are found to be deteriorating, including but not limited to any of the following defects:

(1)

Deterioration of any exterior feature so as to create or permit the creation of any hazardous or unsafe conditions to life, health, or other property.

(2)

Deterioration of exterior walls, foundations, or other vertical support that causes leaning, sagging, splitting, listing, or buckling.

(3)

Deterioration of flooring or floor supports, roofs, or other horizontal members that causes leaning, sagging, splitting, listing, or buckling.

(4)

Deterioration of external chimneys that causes leaning, sagging, splitting, listing, or buckling.

(5)

Deterioration or crumbling of exterior plasters or mortars.

(6)

Ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors.

(7)

Defective protection or lack of weather protection for exterior wall and roof coverings, including lack of paint, or weathering due to lack of paint or other protective covering.

(8)

Rotting, holes, and other forms of decay.

(9)

Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, entablatures, wall facings, and architectural details that causes delamination, instability, loss of shape and form, or crumbling.

(10)

Heaving, subsidence, or cracking of sidewalks, steps, or pathways.

(b)

Boarded up windows and doors prohibited; exceptions. Boarded-up windows and doors in areas zoned C-1 and C-2 of the historic district are prohibited except as provided herein. Temporary exceptions to this standard can only be authorized by a certificate of appropriateness that is approved by the administrator or by order of the chief building inspector for a specific limited time period in order to protect the structure against further deterioration pending replacement windows, doors, or storefronts. All temporary boarded up windows which will remain for more than 30 days must be painted as specified and authorized by the certificate of appropriateness.

(c)

Petition and action. The commission may file a petition listing specific defects with the chief building inspector requesting that he act under the following procedures to require the correction of deterioration or making of repairs to any historic landmark or contributing structure located within the historic district so that such structure shall be preserved and protected in accordance with the purposes of section 15-411.

(1)

Whenever a petition is filed with the chief building inspector charging that a structure is undergoing demolition by neglect, the chief building inspector (or a designated agent) shall, if his or her preliminary investigation discloses a basis for such charges, within 15 days issue and cause to be served upon the owner and/or such other person who may have legal possession, custody, and control thereof, as the same may be determined by reasonable diligence, a complaint stating the charges in that respect and containing a notice that a hearing will be held before the chief building inspector at a place within the city in which the property is located therein fixed not less than 30 nor more than 45 days after the serving of such complaint; that the owner and/or parties in interest shall be given a right to answer to give testimony at the place and time fixed in the complaint; that the commission with jurisdiction shall also be given notice of the hearing; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the chief building inspector. The purpose of the hearing is to receive evidence concerning the charge of deterioration and to ascertain whether the owner and/or other parties in interest wishes to petition the commission for a claim of undue economic hardship.

(2)

If after such notice and hearing, the chief building inspector determines that the structure is undergoing demolition by neglect because it is deteriorating according to the standards of this section, the chief building inspector shall state in writing the findings of fact in support of such determination and shall issue and cause to be served upon the owner and/or other parties in interest therein an order to repair within the time specified those elements of the structure that are deteriorating, contributing to deterioration, or deteriorated. In the event that the owner and/or other parties in interest wish to petition for a claim of undue economic hardship, the chief building inspector's order shall be stayed until after the commission's determination in accordance with the procedures of subsections 15-429(e) and (f).

(d)

Methods of service. Complaints or orders issued by the chief building inspector shall be served upon persons either personally or by registered or certified mail; but if the whereabouts of such persons are unknown and the same cannot be ascertained by the chief building inspector in the exercise of reasonable diligence, and the chief building inspector shall make an affidavit to that effect, stating the steps taken to determine and locate the persons in interest, then the serving of such complaint or order may be made by publishing the same once each week for two successive weeks in a newspaper generally circulated within the city. Where such service is by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises thereby affected.

(e)

Safeguards from undue economic hardship.

(1)

When a claim of undue economic hardship is made owing to the effects of this article, the chief building inspector shall notify the commission within ten days following the hearing on the complaint. The commission shall schedule a hearing on the claim at its next regular meeting, within the limitations of its procedures for application deadlines. The petitioner shall present the information provided under subsection (e)(2) to the commission. The commission may require that an owner and/or parties in interest furnish such additional information that is relevant to its determination of undue economic hardship. The commission may direct its staff to furnish additional information as the commission believes is relevant. The commission shall also state which form of financial proof it deems relevant and necessary to a particular case. In the event that any of the required information is not reasonably available to the owner and/or parties in interest and cannot be obtained by the owner, the owner shall describe the reasons why such information cannot be obtained.

(2)

When a claim of undue economic hardship is made owing to the effects of this article, the owner and/or parties in interest must provide evidence during the hearing upon the claim, describing the circumstances of hardship. The minimum evidence shall include for all property:

(aa)

Nature of ownership (individual, business, or nonprofit) or legal possession, custody, and control.

(bb)

Financial resources of the owner and/or parties in interest.

(cc)

Cost of repairs.

(dd)

Assessed value of the land and improvements.

(ee)

Real estate taxes for the previous two years.

(ff)

Amount paid for the property, date of purchase, and party from whom purchased, including a description of the relationship between the owner and the person from whom the property was purchased, or other means of acquisition of title, such as by gift or inheritance.

(gg)

Annual debt service, if any, for previous two years.

(hh)

Any listing of the property for sale or rent, price asked, and offers received, if any.

For income producing property;

(ii)

Annual gross income from the property for the previous two years.

(jj)

Itemized operating and maintenance expenses for the previous two years, including proof that adequate and competent management procedures were followed.

(kk)

Annual cash flow, if any, for the previous two years.

(3)

Within 60 days of the commission's hearing on the claim, the commission shall cause to be made a finding regarding the claim of undue economic hardship and shall enter the reasons for such finding into the record. In the event of a finding of no undue economic hardship, the commission shall report such a finding to the chief building inspector. The chief building inspector shall then cause to be issued an order for such property to be repaired within the time specified.

(4)

In the event of a finding of undue economic hardship, the finding shall be accompanied by a recommended plan to relieve the economic hardship. This plan may include, but is not limited to, property tax relief as may be allowed under the state law, loans or grants from the city, the county, or other public, private, or non-profit sources, acquisition by purchase or eminent domain, building code modifications, changes in applicable zoning regulations, or relaxation of the provisions of this article sufficient to mitigate the undue economic hardship. The commission shall report such finding and plan to the chief building inspector. The chief building inspector shall cause to be issued an order for such property to be repaired within the time specified, and in accordance with the provisions of the recommended plan.

(f)

Appeals. Findings made by the chief building inspector or by the commission may be appealed to the board of adjustment. Any such appeal shall be in the nature of certiorari pursuant to the provisions of G.S. 160A-388(b1) and G.S. 160A-393. Any appeal from the board of adjustment's decision in any such case shall be heard by the superior court of the county.

(g)

Other city powers. Nothing contained within this article shall diminish the city's power to declare a building as unsafe or a violation of the minimum housing code.

(h)

Penalties and remedies. Enforcement of this article may be by either one or more of the following methods, and the institution of any action under any of these methods shall not relieve any party from any other civil proceeding prescribed for violations and prohibitions.

(1)

Equitable remedy. The city may apply for any appropriate equitable remedy to enforce the provisions of this article.

(2)

Order of abatement. The city may apply for and the court may enter an order of abatement. An order of abatement may direct that improvements or repairs be made, or that any other action be taken that is necessary to bring the property into compliance with this article. Whenever the party is cited for contempt by the court and the city executes the order of abatement, the city shall have a lien, in the nature of a mechanic's and materialman's lien, on the property for the cost of executing the order of abatement.

(3)

Civil penalty. No civil penalty shall be levied unless and until the chief building inspector, or his or her designee shall deliver a written notice by personal service or by registered mail or by certified mail, return receipt requested, to the person responsible for each violation indicating the nature of the violation and ordering corrective action. The notice shall also set forth the time period when corrective measures must be completed. The notice shall state that failure to correct the violation within the specified time period will result in the assessment of civil penalties and other enforcement action. If after the allotted time period has expired and after the hearing of any appeal by the board of adjustment, and no corrective action has been completed, a civil penalty shall be assessed as provided by section 15-114.

(Ord. No. 22-051, § 40, 12-13-2022)

State Law reference— G.S. 160D-949(b); 160D-406.