(a) Powers and duties. The Historic Resources Commission of Asheville and Buncombe County is designated as a "historic preservation commission" pursuant to N.C.G.S. part 4 of article 9 of chapter 160D, or its successor, and shall have the following powers and duties, to be carried out in accordance with the terms of this chapter:
(1) To undertake an inventory of properties of historical, prehistorical, architectural, and/or cultural significance;
(2) To recommend to the Asheville City Council areas to be designated by ordinance as "historic districts"; and to recommend to the Asheville City Council and the Buncombe County Board of Commissioners individual structures, buildings, sites, areas, or objects to be designated by ordinance as "landmarks";
(3) To acquire by any lawful means the fee or any lesser included interest, including options to purchase, to properties within established districts or to any such properties designated as landmarks, to hold, manage, preserve, restore and improve such properties, and to exchange or dispose of the property by public or private sale, lease or otherwise, subject to covenants or other legally binding restrictions that will secure appropriate rights of public access and promote the preservation of the property;
(4) To restore, preserve and operate historic properties;
(5) To recommend to the Asheville City Council that designation of any area as a historic district or part thereof, or to recommend to the Asheville City Council and the Buncombe County Board of Commissioners that designation of any building, structure, site, area, or object as a landmark, be revoked or removed for cause;
(6) To conduct an educational program regarding historic properties and districts within its jurisdiction;
(7) To cooperate with the state, federal, and local governments in pursuance of the purposes set forth in N.C.G.S. part 4 of article 9 of chapter 160D, or its successor. The governing body of the commission, when authorized by the Asheville City Council or the Buncombe County Board of Commissioners, may contract with the State, or the United States of America, or any agency of either, or with any other organization provided the terms are not inconsistent with State or federal law;
(8) To enter, solely in performance of its official duties and only at reasonable times, upon private lands for examination or survey thereof. However, no member, employee or agent of the commission may enter any private building or structure without the express consent of the owner or occupant thereof;
(9) To prepare and recommend the official adoption of a preservation element as part of the city's comprehensive plan;
(10) To review and act upon proposals for alterations, demolitions, or new construction within historic districts, or for the alteration or demolition of designated landmarks;
(11) To negotiate at any time with the owner of a building, structure, site, area, or object for its acquisition or its preservation, when such action is reasonably necessary or appropriate; and
(12) To adopt and amend standards for alterations, demolitions, and new construction within historic districts and for the alteration or demolition of designated landmarks in order to guide the commission in determining congruity with the special historic character of the landmark or district.
(b) Membership; terms; vacancies.
(1) The Historic Resource Commission of Asheville and Buncombe County shall consist of 12 members. Six members who are residents of the City of Asheville shall be appointed by the Asheville City Council and six members shall be appointed by the Buncombe County Board of Commissioners. All members of the commission shall reside within the city or county. A majority of the members of the commission shall have demonstrated special interest, experience or education in history, archaeology, or architecture or related fields. All members shall have equal rights, privileges, and duties regardless of whether the matter at issue arises within the city or the county.
(2) All members shall serve three-year terms. Members may be reappointed for additional terms at the discretion of the appointing governing body, provided that all members serve a maximum of two terms.
(3) Officers of the historic resources commission shall be elected in accordance with the rules of procedure for the historic resources commission.
(4) Vacancies shall be filled by the Asheville City Council or the Buncombe County Board of Commissioners, as applicable, as they occur.
(c) Meetings. The Historic Resources Commission of Asheville and Buncombe County shall hold meetings at such times as are set forth in the rules of procedure for the historic resources commission.
(d) Rules and records. The Historic Resources Commission of Asheville and Buncombe County shall formulate and adopt the rules of procedure under which it will operate. The historic resources commission shall keep minutes of its proceedings.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 3896, § 1, 9-14-10; Ord. No. 4836, § 1(a), 10-27-20)