§ 92.109 HISTORIC DISTRICTS AND LANDMARK PRESERVATION.
   (A)    Purpose. The historical heritage of City of Albemarle is one of our most valued and important assets. The conservation of and preservation of historic districts and landmarks stabilize and increase property values in their areas and strengthen the overall economy of the city. The purpose of establishing a local historic preservation program is:
      (1)    To 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)    To promote the use and conservation of such district or landmark for the education, pleasure and enrichment of the residents of the city and the state as a whole.
   (B)    Historic district and landmark establishment. Historic districts and landmarks are established through the application of an overlay district which are zoning districts that are applied only in conjunction with other zoning districts, and may grant additional use or development requirements upon the underlying zoning controlling the use and development of a lot to ensure the compatibility and appropriateness of exterior design within the historic district or for the landmark. Overlay districts can be applied to any zoning districts and the boundaries of such overlay shall be shown on the official zoning map of the city. An overlay district can be initiated as an amendment by City Council, Planning Board, Historic Resources Commission, or a property owner.
   (C)    Designation of historic districts. The City Council may adopt, amend, reject, or repeal ordinances designating historic districts when adoption or amendment is pursuant to the following procedure:
      (1)   An investigation and report describing the historical, architectural, or archaeological significance of the area included in any such proposed district, and the description of the boundaries of such district has been prepared; and
      (2)    The North Carolina Department of Cultural Resources, acting through the State Historic Preservation Officer or his or her designee, shall make 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 City Council within 30 calendar days after a written request for such analysis has been received by the Department of Cultural Resources shall relieve the city 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 ordinance.
      (3)    Historic districts shall consist of areas which are deemed to be of special significance in terms of their history, prehistory, architecture and/or culture, and to possess integrity of design, setting, materials, feeling, and association. The conservation of such a district will provide for the education, pleasure and enhancement of the quality of life of all residents of the city.
      (4)    The City Council shall designate the boundaries of a historic district in accordance with the procedures set forth in § 92.140, Amendment Procedures.
      (5)    Following the City Council designation and approval of a historic district, the area so designated shall be labeled as an overlay district on the official zoning map with HDO/Historic District Overlay.
      (6)    With respect to any changes in the boundaries of such district subsequent to its initial establishment or the creation of additional districts within the city, the investigative studies and reports shall be prepared by the Historic Resources Commission and shall be referred to the Planning Board for its review and comment. Changes in the boundaries of an initial district or proposals for additional districts shall also be submitted to the Department of Cultural Resources in accordance with the provisions as stated in division (C)(2) above.
   (D)    Designation of landmarks. The City Council may adopt, amend, reject, or repeal ordinances designating historic landmarks that meet the following criteria, when those ordinances contain the following elements and when adoption or amendment is pursuant to the following procedure:
      (1)    Criteria for designation. No building, structure, site, area, or object shall be recommended for designation as an historic landmark unless it is deemed and found by the Historic Resources Commission to be of special significance in terms of its historical, prehistorical, architectural, archaeological, and/or cultural importance, and to possess integrity of design, setting, workmanship, materials, feeling and/or association.
      (2)    Elements of ordinances designating historic landmarks. Ordinances designating historic landmarks shall contain the following elements which shall:
         (a)    Describe each property designated in the ordinance, including the approximate area of the property so designated.
         (b)    List the name or names of the owner or owners of the property.
         (c)    Describe those elements of the property that are integral to its historical, prehistorical, architectural, archaeological and/or cultural significance.
         (d)    Describe the nature of the Commission's jurisdiction over the interior, if any, and those interior features of the property to be reviewed for certificates of appropriateness if they are to be changed.
         (e)   Require, for each building, structure, site, area, or object designated as an historic landmark that the waiting period set forth in G.S. 160D-949A specifically be observed prior to its demolition.
         (f)    Recite any other information the City Council deems necessary within the authority conferred by the General Statutes.
      (3)    Procedure for adopting or amending historic landmark ordinances. Ordinances designating historic landmarks shall be adopted and amended according to the following procedure:
         (a)    The Historic Resources Commission shall make, or cause to be made, an investigation and report on the historical, prehistorical, architectural, archaeological and/or cultural significance of each building, structure, site, area, or object proposed for designation. Applications prepared by owners will be judged by the same criteria as those prepared by the Commission. Such reports shall contain the following information:
            1.    The name of the property to be considered for designation, both common and historic names, if they can be determined.
            2.    The name and address of the current property owner.
            3.    The location of the property proposed to be designated historic, including the street address and tax map and parcel numbers.
            4.    The date of construction and of any later alterations, if any.
            5.    An assessment of the significance of the site or structure pursuant to this section.
            6.    An architectural or archaeological description of the area of the site or structure proposed to be designated. If outbuildings or other appurtenant features are proposed to be designated, the report shall contain a description of those features.
            7.    An historical discussion of the site or structure within its type, period, and locality.
            8.    Photographs that clearly depict the property proposed to be designated, including views of all facades, pertinent details and siting.
            9.    A map showing the location of the property, including any outbuildings and appurtenant features.
            10.    A clear description of the boundaries.
         (b)    The Commission shall forward its recommendation to the City Council. The Commission shall refer the report to the State Department of Cultural Resources, Division of Archives and History.
         (c)    The Department of Cultural Resources, acting through the State Historic Preservation Officer or his or her designee, may make an analysis of and recommendations concerning the report. If the Department does not submit its written comments or recommendations in connection with any proposed designation within 30 calendar days after a written request for such analysis has been received by the Department, the Commission and the City Council shall be relieved of any responsibility to consider such comments.
         (d)    The Historic Resources Commission and the City Council shall each hold a public hearing on the proposed ordinance. Written notice of the hearings shall be mailed by the Resources Commission to all owners and occupants of properties with standing in the hearing. For the purposes of this section, owners of property within 100 feet of the location of the subject property(s) shall be considered to have standing, unless evidence is presented at the hearing by the owners of additional properties which with valid claims of substantial impacts exceeding the impact to the district as a whole. The identity and current mailing address of owners shall be ascertained by the exercise of reasonable diligence, including the use of readily available County property records. All such notices shall be published or mailed not less than ten nor more than 25 days prior to the date set for the public hearing. The mailed notices in this division are for the convenience of property owners and occupants, and any defect or their omission therein shall not impair the validity of the public hearing or any action following therefrom.
         (e)    Following the public hearings, the City Council may adopt the ordinance as proposed, adopt the ordinance with any amendments it deems necessary, or reject the proposed ordinance.
         (f)    Upon adoption of the ordinance or any amendments thereto, the owners and occupants of each designated historic landmark shall be given written notification of such designation insofar as reasonable diligence permits. One copy of the ordinance and each amendment thereto shall be filed by the Historic Resources Commission in the office of the County Register of Deeds. Each property designated as an historic landmark in the ordinance shall be indexed according to the name of the owner of the property in the grantee and grantor indexes in the Register of Deeds office, and the Historic Resources Commission shall pay a reasonable fee for filing and indexing. A second copy of the ordinance and of each amendment thereto shall be kept on file in the City Clerk's office and shall be made available for public inspection at any reasonable time. A third copy of the ordinance and each amendment thereto shall be given to the County Building Inspector.
         (g)    Upon adoption of the ordinance or any amendments thereto, it shall be the duty of the Historic Resources Commission to give notice thereof to the County Tax Assessor. The designation and any recorded restrictions upon the property limiting its use for preservation purposes shall be considered by the Assessor in appraising it for tax purposes. The fact that a building, structure, site, area, or object has been designated an historic landmark shall be clearly indicated on all tax maps maintained by the county for such period as the designation remains in effect.
   (E)    Jurisdiction of Historic Resources Commission. The City of Albemarle Historic Resources Commission, with assistance from city staff, shall be responsible for preserving the city's historic resources within its limits and its extraterritorial jurisdiction on the city's official zoning map. The Commission's composition, procedures and duties shall comply with §§ 21.77 through 21.80 and any other pertinent sections of this code.
   (F)    Certificates of appropriateness required.
      (1)(a)    No exterior portion of any building or other structure (including masonry, walls, fences, light fixtures, steps and pavement, or other appurtenant features), nor above-ground utility structure, nor any type of outdoor advertising sign, nor any tree larger than 18 inches in diameter at four and one-half feet above the ground shall be erected, altered, restored, moved or demolished on a 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 Historic Resources Commission, or its designee.
         (b)   However, in the case where a tree may be diseased, severely damaged or undermining property without posing an immediate danger, it can be removed and shall be replaced with a similar type plant material contained on the plant list of the Design standards with a minor works approval. In addition, nothing in this section would prevent the immediate removal of a tree that the Historic Preservation Commission Administrator, Building Inspector or emergency responders deem to be an immediate danger to life or property.
         (c)    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 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.
      (2)    Such a certificate shall be issued by the Commission prior to the issuance of a zoning permit or other permit granted for purposes of constructing, altering, moving or demolishing structures. A certificate of appropriateness shall be required whether or not a zoning permit is required. Therefore, a certificate of appropriateness is a prerequisite to the issuance of such a zoning permit or such other permits. Any such zoning permits or such other permits not issued in conformity with this section shall be invalid.
      (3)   The landmark or historic district regulation may provide, subject to prior adoption by the Preservation Commission of detailed standards, for staff review and approval as an administrative decision of applications for a certificate of appropriateness for minor work or activity as defined by the regulation; provided, however, that no application for a certificate of appropriateness may be denied without formal action by the Preservation Commission. Other than these administrative decisions on minor works, decisions on certificates of appropriateness are quasi-judicial and shall follow the procedures of G.S. 160D-406.
   (G)   Criteria to determine appropriateness.
      (1)   The following review criteria, along with companion design standards found and the standards of the Secretary of the Interior, shall be considered, where relevant, to make findings of fact indicating the extent to which the application for a certificate of appropriateness is or is not congruous with the special character of the designated landmark or district:
         (a)    Building height.
         (b)    Walls.
         (c)    Proportion of width to height of the total building facade.
         (d)    Proportion, shape, positioning, location, pattern and sizes of any elements of fenestration.
         (e)    Spacing of buildings, defined as the distance between adjacent buildings.
         (f)    Building materials.
         (g)    Surface textures.
         (h)    Expression of architectural detailing.
         (i)    Roof shapes.
         (j)    Scale.
         (k)    Orientation of the building to the street.
         (l)    Ground cover or paving.
         (m)    Signs.
         (n)    Exterior lighting and appurtenant features.
      (2)    The Commission shall adopt principles and standards interpreting these criteria for new construction, alterations, additions, moving and demolition of landmarks or properties in the historic district.
   (H)    Demolition.
      (1)   An application for a certificate of appropriateness authorizing the relocation, demolition or destruction of a designated landmark or a building, structure or site within the historic district not designated as a local landmark, may not be denied except as provided in division (H)(2) below. However, the effective date of such a certificate may be delayed for a period of up to 365 days from the date of approval. The maximum period of delay authorized by this section shall be reduced by the 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 Commission shall negotiate with the owner and with any other parties in an effort to find a means of preserving the building or site for cause.
      (2)    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:
         (a)    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; or
         (b)    The property has been found, after proper inspection, to be a threat to public safety, and the city has adopted a demolition ordinance under the minimum housing code.
      (3)    If the 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 City Council, 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 Commission for a period of up to 180 days or until the City Council takes final action on the designation, whichever comes first, per G.S. § 160D- 949, Section A.
   (I)    Land use, interior arrangement, maintenance, emergency repairs not considered.
      (1)    Nothing herein shall be construed to prevent a property owner from making any use of his or her property not prohibited by other statutes, ordinances or regulations.
      (2)    The Commission may 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 express consent of the owner or occupant thereof.
      (3)    Except as provided in division (I)(4) below, the Commission shall have no jurisdiction over interior arrangement and shall take no action 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 a landmark or of the district.
      (4)    Notwithstanding division (I)(3) above, the jurisdiction of the Commission over interior spaces shall be limited to specific interior features of architectural, artistic or historical significance in publicly owned designated landmarks; and of privately owned historic landmarks for which consent for interior review has been given by the owner. The consent of any 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, and indexed accordingly 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.
      (5)    The ordinary maintenance or repair of any exterior architectural feature of a landmark or in the historic district which does not involve a change in design, material, or outer appearance thereof, shall not be prevented by the requirements pertaining to the designated landmark or historic district.
      (6)    Nothing in this section shall be construed to prevent:
         (a)    The maintenance, or
         (b)    In the event of an emergency, the immediate restoration of any existing aboveground utility structure without approval by the Commission.
      (7)    The construction, reconstruction, alteration, restoration, moving or demolition of any exterior architectural features, which the City Code Inspector or similar official shall certify is required for public safety because of an unsafe or dangerous condition, shall not be prevented by the requirements pertaining to the landmark or the historic district.
   (J)    Hearing procedures.
      (1)   The Historic Resources Commission shall receive applications for certificates of appropriateness as required under division (F) above. The Commission shall review such application according to the review criteria, the design standards and the Secretary of the Interior's Standards for Rehabilitation & Illustrated Standards for Rehabilitating Historic Buildings, and shall approve or disapprove such application as provided in division (J)(5) below.
      (2)   The Historic Resources Commission shall follow the procedures for a quasi-judicial hearing as outlined in § 21.011, except in the case of minor works.
      (3)   Prior to issuance or denial of a certificate of appropriateness, the Commission shall take such action as may reasonably be required to inform the owners of any property likely to be materially affected by the application, and shall give the applicant and such owners an opportunity to be heard. A written notice of the proposal shall be sent to the applicant and to owners of property (i.e., lots, parcels or tracts of land) within 100 feet of the property for which an application for a certificate of appropriateness has been applied for.
      (4)   The Historic Resources Commission's final action on an application for a certificate of appropriateness shall be by the passage of a motion to take one of the following actions:
         (a)    Approve the application for a certificate of appropriateness, as proposed;
         (b)    Approve the application for a certificate of appropriateness, subject to specific conditions and/or modifications of the proposal presented in the application for a certificate of appropriateness;
         (c)    Disapprove the application for a certificate of appropriateness as proposed or modified.
      (5)    An appeal of the Commission's action in granting or denying any certificate:
         (a)    May be taken to the Zoning Board of Adjustment by any aggrieved party;
         (b)    Shall be taken within times prescribed by the Historic Resources Commission by general rule; and
         (c)   A petition for review shall be filed with the Clerk of Superior Court by the later of 30 days after the decision is effective, or after a written copy thereof is given in accordance with G.S. 160D-1405. When first-class mail is used to deliver notice, three days shall be added to the time to file the petition.
   (K)   Minor works.
      (1)   "MINOR WORKS" are defined as those exterior changes that do not involve substantial alterations, additions or removals that could impair the integrity of the landmark or property in the historic district. A list of all minor works shall be kept within Commission's historic preservation standards and otherwise made readily available to the public. Any amendments to Commission's designated list of minor works shall be promptly updated in the standards document and anywhere else displayed.
      (2)   A certificate of appropriateness application, when determined to involve a Commission- designated minor work, may be reviewed and approved by the Historic Preservation Commission Administrator, or other staff member designated to this task by the Director of Planning and Development Services. No official meeting nor advertisement or notification of property owner(s) shall be required prior to approval.
      (3)   Administrator approvals of applications for minor works shall be based upon Commission's standards. If the Administrator does not issue a certificate of appropriateness because they do not believe the proposed alterations in the application to be congruous with design standards, the applicant will be advised to make a formal application to the Historic Resources Commission for its approval. In such a case, the application shall be procedurally treated as a proposal for a major exterior alteration, added to an agenda and advertised for as required. No application, for either major or minor works, may be denied a certificate of appropriateness without formal action by the Historic Resources Commission.
   (L)    Certificate of issuance; expiration; enforcement.
      (1)    Passage of a motion to approve an application, with or without modification, shall constitute the issuance of a certificate of appropriateness by the Historic Resources Commission. The application and the duly approved minutes of the Commission shall constitute the written documentation of such issuances. Following the meeting, a certificate shall be mailed to the property for which a certificate has been issued. The certificate shall be posted on the premises, in a location visible from the street, while the work is in progress. Minutes of a Historic Resources Commission meeting shall be approved before the end of the next meeting.
      (2)    A certificate of appropriateness shall be valid for a period of six months from the date of issuance for the purpose of obtaining a zoning permit or other permit for constructing or altering structures. A certificate of appropriateness shall expire six months after the date of issuance if the work authorized by the certificate has not been commenced. If after commencement the work is discontinued for a period of six months, the permit therefor shall immediately expire.
      (3)   Compliance with certificates of appropriateness shall be enforced by the Zoning Administrator or other party as assigned by the Planning director. Failure to comply with a certificate of appropriateness shall be a violation of the zoning ordinance. The enforcement of any remedy provided herein shall not prevent the enforcement of any other remedy or remedies provided herein or in other ordinances or laws.
      (4)    In case any building, structure, site, area or object designated as a landmark or located within the 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 the ordinance, the Commission or other party aggrieved by such action may institute any appropriate action or proceeding to prevent such unlawful action.
   (M)    Establishment of Historic District Overlay.
      (1)    In addition to the use of districts heretofore established under the Zoning Ordinance, a historic overlay district, labeled HDO/Historic District Overlay, is hereby established to include the properties encompassing the historic downtown core generally from Market Station to the west, Five Points to the east, South Street to the south and North Street to the north, more particularly described as follows:
Note: References to the Tax Record numbers identify lots as shown on the GIS MAP of Stanly County effective as of November 15, 2006.
Bounded on the North (1) Beginning with the southwestern corner of Tax Record 3723, which is in the eastern line of N. Depot St., and following the southern property lines of Tax Records 3723 and 23706 to the southeastern corner of Tax Record 23706, which is in the western line of N. First St.; thence (2) crossing North First St. in a northeasterly direction to the southwestern corner of an opened alley on the east line of N. First St.; thence (3) following the southern line of the alley and then crossing the alley in an easterly direction to the western line of Tax Record 23101; thence (4) following the western property line of Tax Record 23101 south to the southwest corner of the aforesaid lot; thence (5) following the southern line of Tax Record 23101 and crossing N. Second St. in an easterly direction to the western property line of Tax Record 28268; thence (6) following the western property line of Tax Record 28268 in a northerly direction to the northwestern corner of Tax Record 28268; thence (7) following the northern property line of Tax Record 28268 and crossing N. Third St. in an easterly direction to the western line of Tax Record 28274; thence (8) following the western line of Tax Record 28274 in a northerly direction past the northwest corner of Tax Record 28274 to the centerline of Montgomery Ave; thence (9) following the centerline of Montgomery Ave. in an easterly direction until it intersects with N. Fourth St.
Bounded on the East (10) Beginning at the northeast corner of Tax Record 28274 and following the western line of N. Fourth St. in a southerly direction to the northeastern corner of Tax Record 28540; thence (11) following the northern line of Tax Record 28540 west to the northwestern corner of the aforesaid lot; thence (12) following the western property lines of Tax Records 28540, 28539, 26031, 25542 in a southerly direction to the southwestern corner of Tax Record 25542; thence (13) following the southern property line of Tax Record 25542 east to the northwestern corner of Tax Record 18329; thence (14) following the western property lines of Tax Records 18329, 9354, 20660, 26521 in a southerly direction to the southeastern corner of Tax Record 28274, which is in the northern line of North St.; thence (15) following the southern property line of Tax Record 28274 for fifty feet in a westerly direction to a point on the northern line of North St.; thence (16) crossing North St. and following the western property lines of Tax Records 25248, 13641, 6433, 24430, 16475 in a southerly direction to the southwestern corner of Tax Record 16475; thence (17) following the southern property line of Tax Record 16475 and crossing N. Fourth St. in an easterly direction to the western property line of Tax Record 18000, which is in the eastern line of N. Fourth St.; thence (18) following the eastern line of N. Fourth St. in a northerly direction to the southern line of a partially opened alley; thence (19) following the southern line of the partially opened alley easterly to the northeastern corner of Tax Record 11755; thence (20) crossing N. Fifth St. and Pee Dee Ave. in an easterly direction to the northeastern corner of Tax Record 35245; thence (21) following the southern line of Pee Dee Avenue northeast to the northwestern corner of Tax Record 13556; thence (22) following the western property line of Tax Record 13556 in a southeastern direction to the southwest corner of the aforesaid lot; thence (23) following the northern edge of Tax Record 10713 in a southwesterly direction to the northwest corner of the aforesaid lot; thence (24) following the western property line of Tax Record 10713 in a southeasterly direction to the southwest corner of the aforesaid lot, which is in the northern line of E. Main St.; thence (25) following the southern property line of Tax Record 7885 in a southwesterly direction to the southwest corner of the aforesaid lot, thence (26) following the southern property line of Tax Record 35245 in a westerly direction for 365 feet to a point which is located along the northern line of E. Main St.; thence (27) crossing E. Main St and following the western property line of Tax Record 17849 in a southerly direction to the southwestern corner of the aforesaid lot; thence (28) following the southern property line of Tax Record 17849 easterly to the southeast corner of the aforesaid lot; thence (29) following the western property lines of Tax Records 17335 and 6513 to the northeastern corner of Tax Record 20582.
Bounded on the South (30) Beginning at the northeast corner of Tax Record 20582 and following the northern property line in a westerly direction to the northwestern corner of the aforesaid lot; thence (31) crossing S. Fourth St. in a northwesterly direction to the northeast corner of Tax Record 33436; thence (32) following the northern property line of Tax Record 33436 westerly to the northwest corner of the aforesaid lot; thence (33) following the western property line of Tax Record 33436 to the southwestern corner of the aforesaid lot, which is on the northern line of an unopened alley; thence (34) following the northern line of the unopened alley in a westerly direction to the southeastern corner of Tax Record 23381; thence (35) following the eastern property line of Tax Record 23381 in a northerly direction to the northeastern corner of the aforesaid lot; thence (36) following the northern property line of Tax Record 23381 and crossing S. Third St. in a westerly direction to the eastern property line of Tax Record 22795, which is in the western line of S. Third St.; thence (37) following the eastern property lines of Tax Records 22795 and 28510 in a southerly direction to the southeastern corner of Tax Record 28510 (excluding the part of Tax Record 28510 where the Stanly County Jail is located); thence (38) following the northern line of Tax Record 28506 in a westerly direction to the northwest corner of the aforesaid lot; thence (39) following the western property line of Tax Record 28506 in a southerly direction to the northeast corner of Tax Record 11387; thence (40) following the northern property line of Tax Record 11387 and crossing S. Second Street in a westerly direction to the eastern property line of Tax Record 28498, which is in the western line of S. Second St.; thence (41) following the western line of S. Second St. in a southerly direction across South St. to the northeast corner of Tax Record 20382, thence (42) following the northern property line of Tax Record 20382 in a westerly direction to the northwestern corner of the aforesaid lot; thence (43) following the western property line of Tax Record 20382 to the southwest corner of aforesaid lot; thence (44) following the northern line of an open alley seventy-eight feet in a westerly direction to a corner in an eastern property line of Tax Record 18289; thence (45) following that eastern property line of Tax Record 18289 in a northerly direction for twenty-three feet to another corner in the northern property line of Tax Record 18289; thence (46) following the northern line of Tax Record 18289 to the northwestern corner of the aforesaid lot, which is in the eastern line of S. First St; thence (47) following the eastern line of S. First St in a northerly direction crossing South St. to the southwest corner of Tax Record 6994; thence (48) crossing S. First St. in a westerly direction to the southeastern corner of Tax Record 9959; thence (49) following the northern line of South St. in a southwesterly direction and crossing S. Depot St. to the southeast corner of Tax Record 2067; thence (50) following the eastern property lines of Tax Records 2067 and 10902 in a northerly direction to the northeast corner of Tax Record 10902; thence (51) following the northern property line of Tax Record 10902 in a westerly direction to the northwest corner of the aforesaid lot; thence (52) following the eastern property line of Tax Record 139 in a southerly direction to the southeastern corner of the aforesaid lot; thence (53) following the southern property line of Tax Record 139 and crossing Railroad St. in a westerly direction to the eastern property line of Tax Record 31117; thence (54) following the eastern property line of Tax Record 31117 in a southerly direction to the southern most corner of Tax Record 31117, which is on the eastern line of the Winston Salem Southbound Railroad right-of-way.
Bounded on the West (55) Beginning at the southern most corner of Tax Record 31117, following the eastern line of the right-of-way of the Winston Salem Southbound Railroad in a northerly direction to the northwestern corner of Tax Record 28491; thence (56) following the northern property line of Tax Record 28491 in an easterly direction to the northeast corner of the aforesaid lot; thence (57) following the eastern property line of Tax Record 28491 in a southerly direction to the northwest corner of Tax Record 2476; thence (58) following the northern property line of Tax Record 2476 in an easterly direction to the northeast corner of the aforesaid lot; thence (59) following the eastern property line of Tax Record 2476 in a southerly direction to the northwest corner of Tax Record 33265; thence (60) following the northern property line of Tax Record 33265 and crossing Harris St., a railroad right-of-way and N. Depot St. in an easterly direction to the northwest corner of Tax Record 22788, which is in the eastern line of N. Depot St; thence (61) following the eastern line of N. Depot St. in a northerly direction to the southwestern corner of Tax Record 3723, which is the point of Beginning.
      (2)    The above is depicted on a map entitled Proposed Downtown Albemarle Local Historic District, which is attached to Ordinance No. 06-27, passed December 18, 2006, and incorporated by reference herein, and is on file with the city at the Office of Planning and Community Development located at 144 N. Second Street, Albemarle NC.
(Ord. 05-41, passed 11-7-05; Am. Ord. 06-27, passed 12-18-06; Am. Ord. 12-24, passed 8-6-12; Am. Ord. 16-28, passed 8-15-16; Am. Ord. 17-05, passed 3-6-17; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Ord. 22-27, passed 5-16-22; Am. Ord. 24-03, passed 1-8-23)