Loading...
(A) Members shall be appointed to three-year, staggered terms.
(B) Initially, appointments to the Advisory Board for Council (Electoral) Districts 1 and 3 shall be for the term expiring June 30, 2018; appointments for Council (Electoral) Districts 2 and 4 shall be for the term expiring June 30, 2019.
(C) Initially, Council shall appoint at-large members to the Advisory Board, with one member to a term expiring June 30, 2019; one member to a term expiring June 30, 2018; and three members to a term expiring June 30, 2017.
(D) As each term expires, the position shall be filled for an additional three-year period ending on June 30, regardless of date of appointment. Members may succeed themselves.
(E) No member shall serve more than two subsequent whole terms in their entirety without at least a one-year hiatus between appointments. However, a member may continue to serve indefinitely at the end of a term until a replacement is appointed by Council.
(Ord. 18-30, passed 9-4-18; Am. Ord. 21-26, passed 7-12-21)
An annual calendar of regularly scheduled meetings shall be created and approved in advance of future meetings and kept current by the Advisory Board and its staff. Special meetings may be called by the chairman of the Board as needed, upon two days prior notice. Minutes of meetings shall be documented and approved at subsequent meetings and kept current by the Advisory Board and its staff.
(Ord. 18-30, passed 9-4-18; Am. Ord. 21-26, passed 7-12-21)
HISTORIC RESOURCES COMMISSION
There is hereby established a Commission which shall be known as the Albemarle Historic Resources Commission. Its jurisdiction shall include the City of Albemarle and the extraterritorial jurisdiction area of the city as shown on the official zoning map of the city. The Commission shall also serve the role of the former Albemarle Community Appearance Commission, incorporating all actions and duties assigned to that commission.
(Ord. 18-30, passed 9-4-18; Am. Ord. 21-26, passed 7-12-21)
(A) The Commission shall consist of at least seven members but no more than 12 members. All members of the Commission shall take an oath of office before starting his or her duties.
(1) All members of the Commission shall reside within the territorial jurisdiction of the City of Albemarle.
(2) In addition, the members of the Historic Resources Commission shall have demonstrated special interest, experience or education in history, architecture, archaeology, landscape design, horticulture, city planning or a closely related field. The members of the Commission shall be appointed by the City Council.
(3) Commissioners may be reappointed for additional terms at the discretion of the City Council.
(B) (1) The Historic Resources Commission shall annually elect from among its members a chairman, vice-chairman and treasurer.
(2) A staff member of the Planning Department may be appointed to serve as a secretary or an administrative advisor for the Commission. Unless otherwise determined by the Board, the Administrator shall be responsible for preparing agendas, advertising for meetings and agenda items, maintaining a roster of members, recording and drafting of minutes and assisting the chair in conducting the meeting and general administration of the Board.
(3) The Commission may appoint advisory bodies and committees as appropriate.
(C) The Commission shall serve without compensation except that they may be reimbursed for actual expenses incident to the performance of their duties within the limits of any funds available to the Commission.
(D) Beginning July 1, 2012, or as soon thereafter as it deems appropriate, the City Council shall appoint the Historic Resources Commissioners as follows:
(1) From one to four Commissioners shall be appointed for an initial term of three years;
(2) From one to four Commissioners shall be appointed for an initial term of two years; and
(3) From one to four Commissioners shall be appointed for an initial term of one year.
(E) Thereafter, following the initial term of the Commissioners so appointed, the City Council shall appoint or re-appoint the Commissioners upon the expiration of their initial term for a term of three years.
(F) If new seats are added, the term of those seats shall be scheduled so as meet the above requirements.
(G) (1) There shall be no more than four seats with terms expiring in the same year.
(2) No member shall serve more than two subsequent whole terms in their entirety without at least a one year hiatus from the Commission.
(3) However, a member may continue to serve indefinitely until a replacement is appointed by Council.
(Ord. 18-30, passed 9-4-18; Am. Ord. 21-26, passed 7-12-21)
(A) The Historic Resources Commission shall develop and adopt rules of procedure which shall govern the conduct of its business in accordance with the provisions of this section.
(1) Such rules of procedure shall also include as an appendix “The Secretary of the Interior's Standards for Rehabilitation and Illustrated Guidelines for Rehabilitating Historic Buildings” and the “Historic District Design Standards,” including photographs, illustrations, descriptions and other similar material interpreting the criteria for determining appropriateness.
(2) The design standards shall be placed on file in the city offices and made available to the general public during the regular city office business hours.
(B) Specific provisions shall be made in the Commission's rules of procedure for Commission meetings following the filing of a proposal on which the Commission is required to pass. Such specific provisions shall be made in order that a proposal be brought before the Commission:
(1) Within a reasonable time;
(2) In a manner conducive to Commission consideration; and
(3) In a manner which will facilitate commission action.
(C) The Commission shall meet at regularly scheduled times and at such other times as the Commission may determine, or at the call of its chairman, as provided for in its rules of procedure.
(D) The Commission shall follow the requirements of § 92.109(B) when making recommendations and rulings on historic properties and alterations thereto.
(E) The Commission may hold discussions at meetings related to both historic preservation and community appearance capacities, provided that there is adjournment of the discussion of official business between the two.
(F) Any official action of the Commission shall require shall require a quorum to be present.
(Ord. 18-30, passed 9-4-18; Am. Ord. 21-26, passed 7-12-21)
The powers of the Historic Resources Commission shall be to:
(A) Undertake an inventory of properties of historical, architectural, archaeological, and/or cultural significance.
(B) Recommend to the City Council districts or areas to be designated in the ordinance as historic districts within the city and its extraterritorial zoning jurisdiction.
(C) Recommend to the City Council that designation of any district or area as a historic district or part thereof be revoked or removed for just cause.
(D) Recommend to the City Council individual structures, buildings, sites, areas or objects to be designated by ordinance as historic landmarks.
(E) Recommend to City Council that designation of any building, structure, site, area or object as a historic property be revoked or removed.
(F) Conduct an educational program with respect to historic properties and districts within its jurisdiction.
(G) Publish information about, or otherwise inform the owners of property within the historic district or of designated historic landmarks, of any matters pertinent to its duties, organization, procedures, responsibilities, functions or requirements.
(H) Cooperate with the state, federal and local governments in pursuance of the purposes of this section. The City Council, or the Commission when authorized by the City Council, may contract with the State of North Carolina 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, for services or funds.
(I) Recommend to the City Council and the State of North Carolina structures, sites, objects or districts worthy of national, state or local recognition.
(J) Communicate with other boards or commissions or agencies of the city or other governmental units to offer or request assistance, aid, guidance, or advice concerning matters under its purview or of mutual interest.
(K) Follow quasi-judicial procedures in determining appeals of certificates of appropriateness as outlined in § 21.011,
(L) Consider and act upon applications for certificates of appropriateness in accordance with division (F) of § 92.109(B). 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 regulation or the commission's rules of procedure.
(M) Act as, establish or designate a group, body or committee to give advice to property owners concerning the treatment of the historical and visual characteristics of their properties, such as fenestration, architectural and landscape features. The group shall act in a strictly advisory capacity to property owners, and shall abstain from offering recommendations outside of advertised meetings of the Commission prior to the Commission's decision on any application(s) for a certificate of appropriateness for proposed work on the property.
(N) Establish standards under which the city staff may approve applications for certificates of appropriateness for minor modifications of historic properties or building structures or sites in a historic district on behalf of the Commission, provided no application shall be denied by the staff without first being considered by the Commission.
(O) Undertake programs of information, research, or analysis relating to any matters under its purview.
(P) Report violations of this section or of related ordinances, such as the zoning ordinance and the building code, to the Building Inspector or other authorized city staff for their investigation and enforcement as needed.
(Q) Take steps during the period of postponement of demolition of any historic property to ascertain what the City Council can or may do to preserve such properties, including consultation with private civic groups, interested private citizens and other public boards or agencies, including investigation of potential acquisition by the city when the preservation of a given historic property is clearly in the interest of the general welfare of the community, and such property is of certain historic, architectural and archaeological significance.
(R) Assist city staff in obtaining the services of private consultants to aid in carrying out programs of research or analysis.
(S) Exercise such other powers and perform such other duties as are required elsewhere by this section, the General Statutes of North Carolina or by the City of Albemarle.
(Ord. 18-30, passed 9-4-18; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 24-03, passed 1-8-23)