The historical heritage of the Town of Cary is a valuable and important asset. By designating historic districts and landmarks, the Town of Cary seeks to safeguard the heritage of the town by preserving districts and landmarks therein that embody important elements of its culture, history, architectural history, or pre-history; to promote the use and conservation of such districts and landmarks for the education, pleasure, and enrichment of the residents of the town, the County and the State as a whole; and to conserve the value of buildings and land and promote the general welfare of its citizens. The Town Manager or designee shall appoint staff who will oversee the historic preservation program and serve as liaison to the Historic Preservation Commission.
(A) Historic District Designation
(1) Historic Districts Should Be Areas of Special Significance
Historic district overlay zoning may from time to time be designated, amended, or repealed; provided, however, that no district shall be recommended for designation unless it is deemed to be of special significance in terms of its historical, prehistoric, architectural or cultural importance. Such district must also possess integrity of design, setting, materials, feeling and/or association.
(2) Historic District Overlay Zoning and Other Zonings Distinguished
Historic district overlays are established as districts which overlay other zoning districts and include additional development requirements. All uses permitted in the underlying zoning district, whether by right or as a special use, shall be permitted in the historic district.
(3) Application
An application for the designation of properties as a historic district may be submitted by any of the following:
(a) The Historic Preservation Commission;
(b) The Town Council;
(c) The Planning and Zoning Board; and/or
(d) The Planning Department.
(4) Required Application Information
Applications shall be filed with staff. Each application for designation as a historic district shall be accompanied by a sketch plan that describes the boundaries of the proposed district. An investigation and report, including current electronic images of properties in the proposed district, that describes the particular historical, pre-historical, architectural, or special character of the buildings, structures, features, sites or surroundings included in the proposed district must also accompany the application.
(5) Opportunity for Comment From the North Carolina Department of Natural and Cultural Resources
No district shall be designated, amended, or repealed until the following has occurred:
(a) Staff shall forward the application and completed report to the Department of Natural and Cultural Resources with a written request for analysis of and recommendations concerning the application, report, and description of proposed boundaries ("the Analysis").
(b) If the Department of Natural and Cultural Resources does not make its Analysis and submit its comments to the Town Council within thirty (30) calendar days following receipt of the report, the Town shall be relieved of any responsibility for awaiting the Analysis, and the Town Council may at any time thereafter take any necessary action to adopt or amend its zoning ordinance.
(6) Other Reviews
The Historic Preservation Commission will review and provide recommendations concerning the report. The Town Council may also, in its discretion, refer the report and the proposed historic district boundaries to any other interested body for its recommendations prior to taking action to amend the zoning map.
(7) Action
Upon receipt of comments and recommendations pursuant to this subsection, the Town may initiate the process to create a Historic Preservation Overlay zoning district.
(8) Changes in Boundaries
With respect to any changes in the boundaries of a historic district after its initial establishment, the investigative studies and reports required by subdivision (4) of subsection (A) of this section shall be prepared by the Historic Preservation Commission, and shall be referred to the Planning and Zoning Board for a finding of consistency with the Comprehensive Plan according to procedures set forth in Section 3.4.1 of this Ordinance. Changes in the boundaries of a historic district shall also be submitted to the Department of Cultural Resources in accordance with the provisions of subdivision (5) of subsection (A) of this section.
(B) Historic Landmark Designation
(1) Historic Landmarks Should Be of Special Significance
Town Council may adopt and from time to time amend or repeal an ordinance designating one (1) or more historic landmarks. No property shall be recommended for designation as a landmark unless it is deemed and found by the Historic Preservation Commission to be of special significance in terms of its historical, prehistoric, architectural or cultural importance, and to possess integrity of design, setting, workmanship, materials, feeling and/or association.
(2) Inventory of Possible Landmarks
As a guide for the identification and evaluation of landmarks, the Historic Preservation Commission shall maintain an inventory of properties of historical, architectural, and cultural significance within the land development jurisdiction of the town.
(3) Application
An application for the designation of a property as a historic landmark may be submitted to staff by any of the following:
(a) The Historic Preservation Commission
(b) The Town Council
(c) The Planning Department; and/or
(d) Any resident or property owner within the zoning jurisdiction of the town.
(e) Any resident or property owner within the zoning jurisdiction of the town.
(4) Required Application Information
Applications shall be filed with staff. Each application shall be accompanied by a sketch plan that describes the boundaries of the proposed landmark, electronic images of building elevations for each building proposed for designation and a statement from the property owner indicating consent to the filing of the application. A report shall also be prepared on the historic, architectural, pre-historical, educational or special character of each building, structure, site or object proposed for designation and must accompany the application.
(5) Opportunity for Comment from the Department of Natural and Cultural Resources
No landmark shall be designated, amended, or repealed until the following has occurred:
(a) Staff shall forward the application and completed report to the Department of Natural and Cultural Resources with a written request to review and comment upon the substance and effect of the designation ("the Review").
(b) If the Department of Natural and Cultural Resources does not submit its comments or recommendation to the Historic Preservation Commission within thirty (30) days following receipt of the investigation and report, the Historic Preservation Commission and the Town Council shall be relieved of any responsibility to consider such comments.
(6) Creation of Ordinance for Designation
(a) Staff, with the assistance of the Legal Department, shall draft all ordinances for the designation of property as a historic landmark.
(b) The ordinance shall describe the property designated in the ordinance, the name or names of the owner or owners of the property, those elements of the property that are integral to its historical, architectural or pre-historical value, including the land area of the property so designated, and any other information the Town Council deems necessary.
(c) The ordinance shall specify the interior features to be reviewed pursuant to Section 3.27.2 and the specific nature of the Historic Preservation Commission's jurisdiction over the interior, if such jurisdiction has been consented to by the property owner.
(7) Public Hearing by the Historic Preservation Commission
The Historic Preservation Commission shall hold a public hearing on the proposed ordinance. Following the public hearing, the Historic Preservation Commission shall make a recommendation to the Town Council whether to approve or deny the proposed designation. No property shall be recommended for designation as a landmark unless it is deemed and found by the Historic Preservation Commission to be of special significance in terms of its historical, prehistoric, architectural or cultural importance, and to possess integrity of design, setting, materials, feeling and/or association.
(8) Public Hearing by the Town Council
After receiving the recommendation of the Historic Preservation Commission, the Town Council shall hold a public hearing on the proposed ordinance. Following the public hearing, the Town Council may adopt the ordinance as proposed, adopt the ordinance with any amendments it deems necessary, or reject the proposed ordinance.
(9) Post-Adoption Procedures
(a) 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.
(b) One copy of the ordinance and all amendments thereto shall be filed by the Historic Preservation Commission in the offices of the register of deeds of the county in which the landmark is located.
(c) A second copy of the ordinance and all amendments thereto shall be kept on file in the office of the Town Clerk and be made available for public inspection at any reasonable time.
(d) A third copy of the ordinance and any amendments thereto shall be given to the building inspector for the town.
(e) The fact that a building, structure, site or area has been designated a landmark shall be clearly indicated on all tax maps maintained by Wake County for such period as the designation remains in effect.
(f) Upon adoption of the landmark ordinance or any amendments thereto, the Historic Preservation Commission shall give notice thereof to the tax supervisor of the county in which the property is located, and 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.
(10) Amendments
Any amendment to an ordinance designating a historic landmark shall be made pursuant to the procedures of this subsection (B).