4-11.1

Historic district.

(A)

Designation procedure. Historic districts, as provided for in this section, may be designated, amended or repealed through the following procedure:

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 must be prepared by the historic preservation commission and a recommendation thereon made to the planning board and town council;

2)

The state department of cultural resources, acting through the state preservation officer or his designee, shall make an analysis of and recommendations concerning such report and the description of proposed boundaries. Failure of the department of cultural resources to submit its written analysis and recommendation to the governing body within 30 calendar days after a written request for such analysis has been received shall relieve the governing body of any responsibility for awaiting such analysis, and said body may at any time thereafter take any necessary action to adopt or amend this Ordinance with regard to historic districts;

3)

The governing body may also refer the report and proposed boundaries to any local preservation commission or other interested body for its recommendation prior to taking action.

4)

Changes in the boundaries of such district subsequent to its initial establishment, or the creation of additional districts within the jurisdiction, shall require the preparation of investigative studies by the historic preservation commission, and they shall be referred to the department of cultural resources for its review and comment according to the procedures of set forth in this section. Changes in the boundaries of district or proposals for additional districts shall also be submitted to the department of cultural resources in accordance with the provisions of this section;

5)

The planning board shall review the recommendations and forward its comments and recommendations to the governing body; and

6)

The planning board shall process the historic district overlay zoning as a zoning map amendment, in the same manner set forth in article III (Permits and procedures).

(B)

Dimensional regulations and exceptions. Structures within a historic district shall comply with the regulations of the underlying zoning district, except as follows:

1)

Structures erected in a historic district may use the prevailing setback of structures on the same side of the street in accordance with section 4-6.2 (Prevailing street setback);

2)

All applicable zoning regulations shall apply to property within a historic district unless a variance is approved by the board of adjustment. The said variance shall be granted only if it complies with the intent of the architectural and historic guidelines of the historic district and if first recommended by the historic preservation commission; and

3)

Where the commission, in considering an application for a certificate of appropriateness, shall find that the number of off-street parking spaces and/or design standards for parking lots specified by this Ordinance would render the site incompatible with the historic aspects of the district, it may recommend to the board of adjustment a variance, in part, or in whole, of the off-street parking requirements and/or design standards. The board of adjustment may authorize as a variance a reduced standard concerning off-street parking provided:

a)

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

b)

The board of adjustment finds that the lesser standard will not create a threat to the public safety.

(C)

Certain changes not prohibited. Nothing in this section shall be construed to prevent the following:

1)

The ordinary maintenance or repair of any exterior architectural feature in a historic district which does not involve a change in design, material, or outer appearance thereof;

2)

The construction, reconstruction, alteration, restoration, moving or demolition of any such feature which the building inspector or similar official shall certify in writing to the commission is required to protect the public safety because of unsafe or dangerous conditions; and

3)

The ordinary maintenance or repair of streets, sidewalks, pavement markings, utility service lines, street signs, traffic signs and/or replacement of street light fixtures in the event of equipment failure, accidental damage or natural occurrences such as electrical storms tornadoes, ice storms, and the like.

(D)

Certificate of appropriateness required.

1)

After the designation of a historic district, no exterior portion of any building or other structure (including but not limited to architectural style; general design; and general arrangement of the exterior of the building or other structure; including the kind and texture of building material, the size and scale of the building, the type and style of all windows, doors, light fixtures, signs, masonry walls, fences, steps and pavement, and other appurtenant features, such as historic signs, colors, significant landscape, archaeological, and natural features of the area), nor aboveground utility structure, nor any type of outdoor advertising sign shall be erected, altered, restored, moved, or demolished within such district until after an application for a certificate of appropriateness as to exterior features has been submitted and approved by the historic preservation commission.

2)

A certificate of appropriateness shall be issued by the historic preservation commission prior to the issuance of a building permit or other permit granted for the purposes of constructing, altering, moving, or demolishing structures. The commission may impose standards as may be set forth elsewhere in this section or adopted by the commission. Any building permit not issued in conformity with this section shall be invalid.

3)

A certificate of appropriateness shall be required for all activities specified in this section whether a building permit is otherwise required or not.

4)

The discontinuance of work or the lack of progress toward achieving compliance with the certificate of appropriateness for a period of one year shall render the certificate null and void and application shall be made for a new certificate. However, in the event the issuance of a certificate is appealed, the one year period shall not commence until a final decision is reached regarding the matter.

5)

The commission may, after adoption of architectural and historic guidelines, allow the review and approval of a minor work by the enforcement officer provided, however, that no application for a certificate of appropriateness may be denied without formal action by the historic preservation commission.

6)

Guilford County and all public utilities, except as provided under this section, shall be required to obtain a certificate of appropriateness prior to initiating in a historic district any changes in the character of street paving, street widths, utility installations or removals, lighting, street trees, walls, fences, sidewalks or exterior of buildings or structures on property or streets in which they have a fee or other interest.

(E)

Application procedures.

1)

Application for a certificate of appropriateness shall be made to the department of planning and development on forms provided. The application shall be filed no later than 14 days prior to the next regularly scheduled meeting of the historic preservation commission. Each application shall be accompanied by sketches, drawings, photographs, specifications, descriptions, and/or other information of sufficient detail to clearly show the proposed move, exterior alterations, additions, changes, and/or new construction.

2)

The department of planning and development staff shall make a reasonable attempt to identify and notify the owners of surrounding property likely to be affected by the application for a certificate of appropriateness. The planning and development department shall transmit the application for a certificate of appropriateness, together with the supporting information and material to the historic preservation commission for consideration. The historic preservation commission shall act upon the application within 60 days after the filing thereof, otherwise failure to act upon the application shall be deemed to constitute approval and a certificate of appropriateness shall be issued. Nothing herein shall prohibit an extension of time where mutual agreement has been reached between the commission and the applicant.

3)

Prior to issuance or denial of a certificate of appropriateness, the historic preservation commission shall give the applicant and other property owners likely to be affected by the application an opportunity to be heard. In cases where the commission deems necessary, it may hold a public hearing concerning the application, and seek the advice of the state department of cultural resources, or other expert advice.

4)

The commission shall not refuse to issue a certificate of appropriateness except for the purpose of preventing the construction, reconstruction, alteration, restoration, or moving of buildings, structures, appurtenant features, or signs in the historic district which would be incompatible with the architectural and historic guidelines.

5)

An appeal may be taken to the board of adjustment from the historic preservation commission's action in granting or denying any certificate. The appeal:

a)

May be taken by any aggrieved party;

b)

Shall be taken within 15 days after the decision of the historic preservation commission; and

c)

Shall be in the nature of certiorari.

6)

Any appeal from the board of adjustment's decision in any such case shall be heard by the superior court of the country.

(F)

Review criteria.

1)

In granting a certificate of appropriateness, the historic preservation commission shall take into account the historic or architectural significance of the property under consideration and the exterior form and appearance of any proposed additions or modifications to a structure.

2)

The commission shall not consider interior arrangement.

3)

The provisions of this section shall not become effective for a historic district until after the historic preservation commission has adopted detailed architectural and historic guidelines applicable to proposals within a designated historic district. These criteria shall take into account the historic, architectural and visual elements which are unique to the district and shall be reviewed a minimum of every five years. At a minimum, the criteria shall contain guidelines addressing the following factors:

a)

Historic significance or quality. The quality or significance in history, architecture, archeology or culture present in districts, sites, structures, buildings, or objects that possess integrity of location, design, setting materials, workmanship, feeling and association, and that are associated with events that have made a significant contribution to the broad patterns of local, state or national history; or that are associated with the lives of persons significant in the past; or that embody the distinctive characteristics of a type, period or method of construction, or that represent the work of a master or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or that have yielded, or may be likely to yield, information important in prehistory or local, state or national history; and

b)

Exterior form and appearance. Exterior features include the architectural form and style, general design and general arrangement of a building or other structure including the type and texture of the building material and, the type pattern and style of all windows, doors, light fixtures, signs and other appurtenant features. In considering exterior form and appearance, the historic preservation commission may take into account, but is not limited to, the following elements to ensure that they are consistent with the historic or visual character or characteristics of the district:

i)

Height of the building or structure;

ii)

Setback and placement on lot of the building or structure, including area coverage and orientation;

iii)

Exterior construction materials, including textures and patterns and may include color;

iv)

Architectural detailing, such as lintels, cornices, brick bond, foundation materials, and decorative wooden features;

v)

Roof shapes, forms and materials;

vi)

Proportions, shapes, positionings and locations, patterns and sizes of any elements of fenestration;

vii)

General form and proportions of buildings and structures;

viii)

Appurtenant fixtures and other features such as lighting;

ix)

Structural condition and soundness;

x)

Use of local or regional architectural traditions; and

xi)

Effect of trees and other landscape elements.

(G)

Delay in demolition of landmarks and buildings.

1)

An application for a certificate of appropriateness authorizing the demolition or destruction of a designated landmark or a building, structure, or site within the district may not be denied except as provided in this section. However, the effective date of such a certificate may be delayed for a period of up to one year from the date of approval. The maximum period of delay authorized by this section shall be reduced by the historic preservation commission where it finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use of or return from such property by virtue of the delay. During such period, the historic preservation commission shall negotiate with the owner and with any other parties in an effort to find a means of preserving the building or site. If the historic preservation commission finds that a building or site within a district has no special significance or value toward maintaining the character of the district, it shall waive all or part of such period and authorize earlier demolition or removal.

2)

If the historic preservation commission has voted to recommend designation of a property as a landmark or designation of an area as a district, and final designation has not been made by the governing body, the demolition or destruction of any building, site, or structure located on the property of the proposed landmark or in the proposed district may be delayed by the historic preservation commission for a period of up to one year or until the governing body takes final action on the designation, whichever occurs first.

3)

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

4)

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 historic preservation commission finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return by virtue of the denial.

(H)

Reserved.

4-11.2

Scenic corridor overlay district.

(A)

Overlay district based on corridor plan. Before a scenic corridor overlay district is established for any particular road, a corridor plan shall be prepared. The plan shall, at a minimum, address the following issues:

1)

The arrangement of land uses along the corridor which will create a visually pleasing impression;

2)

The unique qualities of the corridor, such as landmark buildings, views and vistas, and natural features which merit special consideration or protection;

3)

The value of the corridor as an entryway to the town which can influence the perception of individuals or firms considering residence or investment in the community;

4)

The location, size, shape, illumination, spacing, and number of signs; and

5)

Transportation, including vehicular access, dedication of right-of-way, driveway limitations, and traffic impact.

(B)

Establishment of scenic corridor overlay zones. Scenic corridor overlay zones may be adopted, amended or repealed through the following procedures:

1)

A corridor plan shall be prepared by the planning department describing the conditions, boundaries, and requirements for each proposed scenic corridor overlay zone. The plan shall be forwarded, with the recommendation of the planning board, to the governing body for approval.

2)

The boundaries and requirements of each corridor plan shall be adopted as a separate and distinct scenic corridor overlay zoning district. Adoption, amendment or repeal of the boundaries or requirements of the overlay district shall be in conformance with the procedures and standards established for conventional zoning districts.

4-11.3

Scenic overlay district.

(A)

General requirements.

1)

Permitted uses. All uses permitted in the underlying zoning districts are permitted except billboards.

2)

Conditional uses. Uses, which display one or more of the following characteristics, may be permitted if they are fully screened from view of motorists on the scenic corridor highway or meet listed conditions:

a)

Uses with outside storage of building materials, scrap, pipe, vehicles or equipment.

b)

Uses with outside processing or assembly operations.

c)

Uses with truck parking areas.

d)

Chain-link or similar fencing in non-residential areas the exception of enclosing livestock in agricultural zoning districts which shall not require screening.

3)

Major residential subdivisions. Major residential subdivisions shall be screened with a type C planting yard.

4)

Building materials.

a)

Non-residential. Materials such as brick, stone, wood, or other like and similar materials are required on all new construction and additions, that are visible from a public right-of-way. Corrugated and/or sheet metal is not permitted unless screened by planting yards. The town council may approve other building materials that meet or exceed the standards established by this ordinance.

b)

Accessory structures (non-residential and residential). Prefabricated metal or fiberglass sheds are not to be visible from the scenic corridor.

5)

Architectural design. Long, blank walls are discouraged. For every 30 feet of building frontage, there shall be a change in front building facade, i.e. relief, elevation, design, building material, or other like distinction. The town council may approve alternative building designs that meet established by this Ordinance.

6)

Signage. All square feet in area with indirect lighting or cutout letters. Signage shall be compatible in scale, size, material, and character with the building and surrounding structures.

7)

Service areas. Drive-through windows, gas station pump islands and similar uses are required to be behind principal structures.

8)

Exemptions. Attached and detached single-family and two-family dwellings are exempt from the building design elements of this section except with the voluntary consent of the owner.

(B)

Districts established. The following scenic corridors are hereby established as overlay districts:

1)

US 220 North.

a)

Limits of district. Except for areas otherwise mapped, the scenic corridor extends for a distance of 1,500 feet on either side of the centerline of U.S. 220 beginning at the Haw River and extending north along U.S. 220 North to the Guilford/Rockingham County Line, excluding those portions that lie within the town limits of Summerfield.

b)

Applicable requirements. General requirements 2) and 3) shall apply to the U.S. 220 Scenic Corridor.

2)

NC 68.

a)

Limits of district. The scenic corridor extends for a distance of 900 feet on either side of the centerline of NC 68 from Rockingham County to Oak Ridge town limits.

b)

Applicable requirements. General requirements 2), 3), 4), 5), 6), 7), and 8) shall apply to the NC 68 Scenic Corridor.

3)

US 158.

a)

Limits of district. The scenic corridor extends for a distance of 900 feet on either side of the centerline of US 158 west from the eastern town limits to the Forsyth County Line.

b)

Applicable requirements. General requirements 2), 3), 4), 5), 6), 7), and 8) shall apply to the US 158 Scenic Corridor. See town core overlay for additional standards.

4)

NC 65.

a)

Limits of district. The scenic corridor extends for a distance of 900 feet on either side of the centerline of NC 65 from NC 68 to the Forsyth County Line.

b)

Applicable requirements. General requirements 2), 3), 4), 5), 6), 7), and 8) shall apply to the NC 65 Scenic Corridor. See town core overlay for additional standards.

4-11.4

Airport overlay district.

(A)

Height limits. Pursuant to the "Airport Zoning Regulations of the Piedmont Triad International Airport" adopted by the Greensboro — High Point — Winston-Salem Airport Authority, no structure shall be erected which exceeds the height limits set forth on a map titled "Approach and Clear Zone Plan and Profiles", 1974.

(B)

Noise compatibility. Within the 65 Ldn Noise Contour around Piedmont Triad International Airport, as delineated in the airport master plan, no residential uses shall be permitted except single-family homes on lots which meet or exceed the requirements of the RS-40 zone.

4-11.5

Manufactured housing overlay district. Manufactured housing may be permitted on single-family lots in any residential zone provided overlay district zoning is approved by the jurisdiction and meeting the following criteria for minimum development size:

(A)

Ten existing contiguous lots covering at least 90,000 square feet [2.07] acres , excluding public street right-of-way; or

(B)

One hundred twenty thousand square feet [2.8 acres] of unsubdivided land, excluding public street right-of-way.

(Ord. of 5-18-2006(1); Ord. of 4-9-2007(1); Ord. of 10-23-2016(1))