A.

Historic district overlay defined. Historic district overlay applies to entire neighborhoods that include more than one (1) property. These areas are found significant to the community as a historical, cultural, or archeological resource. All uses permitted in any such district, whether by right or as a special use, shall be permitted in the historic district. (See chapter 5 special use—Historic preservation commercial use for additional information.)

B.

Designation.

1.

Historic districts, as provided for in this section, may from time to time be designated, amended, or repealed by the city council, provided however that no district shall be recommended for designation unless it is deemed to be of special significance in terms of its historical, archeological, architectural or cultural importance. Such district must also possess integrity of design, setting, workmanship, materials, feeling and/or association. No district shall be designated, amended, or repealed until the following procedure has been carried out:

a.

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

b.

The North Carolina Department of Cultural Resources, acting through the state historic preservation officer or 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 within thirty (30) calendar days after a written request for such analysis has been received by the department of cultural resources shall relieve the city council of any responsibility for awaiting such analysis, and the city council may at any time thereafter take any necessary action to adopt or amend its zoning LDC.

2.

The city council may also, in its discretion, refer the report and the proposed boundaries to any other interested body for its recommendations prior to taking action to amend the zoning LDC.

3.

With respect to any changes in the boundaries of such district subsequent to its initial establishment, or the creation of additional districts within the jurisdiction, the investigative studies and reports required by this section shall be prepared by the commission and shall be referred to the planning board for its review and comment according to the procedures set forth in the zoning LDC. Changes in the boundaries of an initial district or proposal for additional districts shall be submitted to the department of cultural resources in accordance with the provisions of subdivision (b) of this section.

4.

Upon receipt of these reports and recommendations the city council may proceed in the same manner as would otherwise be required for the adoption or amendment of any appropriate zoning LDC provisions.

A.

Local historic landmarks defined. Historic landmarks apply to designated individual buildings, structures, sites, areas, or objects which are judged to have historical, architectural, archeological or cultural value. HPC principles and standards will apply in review and a fifty (50) percent tax credit is available so long as the significant historic character is maintained according to the LDC and the HPC procedures.

B.

Designating local historic landmarks.

1.

Upon complying with the required landmark designation procedures set forth herein, the city council may adopt and from time to time amend or repeal an ordinance designating one (1) or more historic landmarks. No landmark shall be recommended for designation as a landmark unless it is deemed and found by the commission to be of special significance in terms of its historical, pre-historical, architectural or cultural importance, and to possess integrity of design, setting, workmanship, materials, feeling and/or association.

2.

The ordinance shall describe each property designated in the LHL, the name or names of the owner or owners of the property, those elements of the landmark that are integral to its historical, architectural or pre-historical value, including the land area of the property so designated, selected interior features of importance, and any other information the city council deems necessary. For each building, structure, site, area or object so designated as a landmark, the LDC shall require that the waiting period set forth in this division be observed prior to its demolition. A suitable sign for each property designated as a landmark may be placed on the property at the owner's consent; otherwise the sign may be placed on a nearby public right-of-way. All signage shall be in conformance with the city's sign regulations.

3.

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

a.

As a guide for the identification and evaluation or properties of historical, architectural, pre-historical and cultural significance within Rocky Mount;

b.

The commission shall make or cause to be made an investigation and report on the historic, architectural, pre-historical, educational or cultural significance of each building, structure, site, area or object proposed for designation or acquisition. Such report shall be forwarded to the Division of Archives and History, North Carolina Department of Cultural Resources;

c.

Specific or general interior features which may include elements, materials, spaces, or designs important to the historic nature of the property at the time of designation may be selected by the commission for preservation. With approval of the property owner, these interior features would then fall under the guidance of the HPC and the historic preservation principles and standards for any future modifications to the property.

d.

The department of cultural resources, acting through the state historic preservation officer, or designee, shall either upon request of the department or at the initiative of the commission be given an opportunity to review and comment upon the substance and effect of the designation of any landmark. All comments will be provided in writing. If the department does not submit its comments to the commission within thirty (30) days following receipt by the department of the report, the commission and the city council shall be relieved of any responsibility to consider such comments.

e.

The commission and the city council shall hold a joint public hearing (or separate public hearings) on the proposed LHL. Reasonable notice of the time and place thereof shall be given.

f.

Following the public hearing(s) the city council may adopt the LHL as proposed, adopt the LHL with any amendments it deems necessary, or reject the proposed LHL.

g.

Upon adoption of the ordinance the owners and occupants of each landmark shall be given written notification of such designation insofar as reasonable diligence permits. One (1) copy of the ordinance and all amendments thereto shall be filed by the commission in the office of the Registers of Deeds of Edgecombe and Nash Counties. Each landmark shall be indexed according to the name of the owner of the property in the grantor and grantee indexes in the register of deeds office and the commission shall pay a reasonable fee for filing and indexing. A second copy of the ordinance and all amendments thereto shall be kept on file in the office of the Rocky Mount 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 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 Edgecombe and Nash Counties for such period as the designation remains in effect.

h.

Upon the adoption of the landmark ordinance or any amendments thereto, it is the duty of the administrator to give notice thereof to the tax supervisors of Edgecombe and Nash Counties. 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.

i.

A report shall be generated yearly by the HPC on the condition of the historic landmark, documenting there has been no unauthorized changes which negate the historic qualities of the property. Violations will be reported to the property owner, city council and the appropriate tax office. Violation may result in the negation of all tax reductions retroactively to the time of designation for failure to maintain the landmark consistent with HPC principles and standards.

(Ord. No. O-2021-43, § 9, 6-14-21)

A.

Certificate of appropriateness required.

1.

From and after the designation of a landmark or a historic district, no exterior portion of any building or other structure (including masonry walls, fences, light fixtures, steps and pavement, or other appurtenant features), nor any above-ground utility structure nor any type of outdoor advertising sign shall be erected, altered, restored, moved or demolished on such landmark or within the historic district until after an application for a certificate of appropriateness as to exterior features has been submitted to and approved by the commission. Such a certificate is required to be issued by the commission prior to the issuance of a building permit or other permit granted for the purposes of constructing, altering, moving or demolishing structures, which certificate may be issued subject to reasonable conditions necessary to carry out the purposes of this division. Landmark properties with designated interior features are also required to have a certificate of appropriateness before interior alterations affecting the designated aspects of the property are begun. A certificate of appropriateness shall be required whether or not a building or other permit is required.

2.

For purposes of this division, "exterior features" shall include the architectural style, general design, and general arrangement of the exterior of a building or other structure, including the kind and texture of the building material, the size and scale of the building, and the type and style of all windows, doors, light fixtures, signs and other appurtenant features. Exterior features may also include historic signs, significant landscape, archaeological and natural features of the area. In the case of outdoor advertising signs, "exterior features" shall be construed to mean the style, material, size and location of all such signs.

3.

Applications for a certificate of appropriateness shall be obtained from and when completed, filed with the administrator. The application shall be filed not less than three (3) weeks prior to the next regularly scheduled meeting of the commission. Each application shall be accompanied by sketches, drawings, photographs, specifications, descriptions and other information of sufficient detail to clearly show the proposed exterior alterations, additions, changes or new construction. The names and mailing addresses of property owners filing and/or subject to the application and the addresses of property within one hundred (100) feet on all sides of the property which is the subject of the application must also be filed. An application which does not include the aforementioned information will not be accepted.

4.

The secretary of the commission shall notify, by mail, not less than ten (10) days prior to the meeting at which the matter is to be heard, the owners of property within one hundred (100) feet on all sides of the subject property. Applications for certificates of appropriateness shall be acted upon as soon as practical, but no more than ninety (90) days after filing a complete application, otherwise the application shall be deemed to be approved and a certificate shall be issued. An extension of time may be granted by mutual consent of the commission and the applicant. As part of the review procedures the commission may view the premises and seek the advice of the department of cultural resources or other such expert advice as it may deem necessary under the circumstances. The commission may hold a public hearing on any application when deemed necessary. The action on an application shall be approval, approval with conditions or denial and the decision of the commission must be supported by specific findings of fact indicating the extent to which the application is or is not congruous with the special character of the historic district or landmark.

5.

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 by the commission. All meetings of the commission shall be conducted in accordance with the North Carolina Open Meetings Law.

6.

The commission shall have no jurisdiction over interior arrangement, except as provided below, and shall take no action under this division except to prevent the construction, reconstruction, alteration, restoration, moving or demolition of buildings, structures, appurtenant features, outdoor advertising signs or other significant features which would be incongruous with the special character of the historic district or landmark.

7.

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

B.

Appeal.

1.

An appeal may be taken to the board of adjustment from the commission's action in granting or denying any certificate by any aggrieved party. Appeals shall be filed with the board of adjustment in accordance with established procedures.

2.

Appeals from the decisions of the board of adjustment shall be heard by the Superior Court of the County in which the affected property is located, Edgecombe or Nash County.

3.

The State of North Carolina shall have a right of appeal to the North Carolina Historical Commission, which shall render its decision within thirty (30) days from the date that a notice of appeal by the State is received by the historic preservation commission. The decision of the historical commission shall be final and binding upon both the state and the commission.

C.

Administrative approval of minor works.

1.

Notwithstanding the subsection above (action on certificates of appropriateness), upon receipt of a completed application the administrator may issue a certificate of appropriateness for minor works.

2.

Minor works are defined as those exterior changes which do not involve substantial alterations, additions, or removals that could impair the integrity of the property and/or district as a whole. Such minor works shall be limited to those listed in the commission's "bylaws and rules of procedure." No application may be denied without the formal action of the commission. All minor works applications approved by the administrator shall be forwarded to the commission in time for its next scheduled meeting.

D.

Review criteria.

1.

No certificate of appropriateness shall be granted unless the commission finds that the application complies with the principles and guidelines adopted by the commission for review of changes and new construction. It is the intent of these regulations to insure insofar as possible that construction, reconstruction, alteration, restoration, moving, or demolition of buildings, structures, appurtenant fixtures, outdoor advertising signs, or other significant features in the district or of landmarks shall be congruous with the special character of the district or landmark.

2.

In considering new construction, the commission may encourage contemporary design which is harmonious with the character of the district.

3.

In granting a certificate of appropriateness, the commission shall take into account the historic or architectural significance of the structure under consideration and the exterior form and appearance of any proposed additions or modifications to that structure as well as the effect of such change or additions upon other structures in the vicinity.

4.

In addition to the principles and standards, the following features or elements of design shall be considered in reviewing applications for certificates of appropriateness:

a.

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

b.

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

c.

Building height;

d.

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

e.

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

f.

Surface materials and textures, roof shapes, forms and materials;

g.

Use of regional or local architectural traditions;

h.

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

i.

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

j.

Proportion of width to height of the total building facade;

k.

Effect of trees and other landscape elements;

l.

Major landscaping which would impact known archaeological sites;

m.

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

n.

Appurtenant features and fixtures, such as lighting;

o.

Structural condition and soundness;

p.

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

q.

Ground cover or paving;

r.

Significant landscape, archaeological, and natural features; and

s.

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 of North Carolina for certificates of appropriateness.

(Ord. No. O-2021-43, § 9, 6-14-21)

Nothing in this division 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, materials, or outer appearance thereof; the ordinary maintenance or repair of streets, sidewalks, pavement markings, street signs, or traffic signs; the construction, reconstruction, alteration, restoration or demolition of any such feature which the building inspector shall certify is required by the public safety because of an unsafe or dangerous condition. Nothing herein shall be construed to prevent (a) the maintenance or replacement, or (b) in the event of an emergency, the immediate restoration, of any existing utility structure without approval by the commission.

Whenever this division requires a longer waiting period or imposes other higher standards with respect to a designated historic landmark or district than are established under any other statute, charter provision, LDC, or regulation, this division shall govern. Whenever the provisions of any other statute, Charter provision, LDC, or regulation require a longer waiting period or impose other higher standards than are established under this division, such other statute, charter provision, LDC, or regulation shall govern.

Compliance with the terms of the certificate of appropriateness shall be enforced by the administrator. Failure to comply with the certificate shall be a violation of the zoning LDC and is punishable according to established procedures and penalties for such violations. In case any building, structure, site, area or object designated as a landmark or within a historic district is about to be demolished, whether as a result of deliberate neglect or otherwise, materially altered, remodeled, removed or destroyed except in compliance with this division, the city council, the commission, or other party aggrieved by such action may institute any appropriate action or proceeding 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 a building or structure.

A.

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

B.

If the commission has voted to recommend the designation of a landmark or the designation of an area as a historic district, and final designation has not been made by the city council, the demolition or destruction of any building, structure or site in the proposed district or of the designated landmark may be delayed by the Commission for up to one hundred eighty (180) days or until the city council takes final action on the designation, whichever occurs first.

C.

The city council may enact an LDC to prevent the demolition by neglect of any designated landmark or any structure or building within the established historic district. Such LDC shall provide appropriate safeguards to protect property owners from undue hardship.

D.

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