(A) Certificate of Appropriateness Required
After the designation of a landmark or a historic district, no exterior portion of any building or other structure (including masonry walls, fences, light fixtures, steps and pavement, or other appurtenant features), nor any above-ground utility structure nor any type of outdoor advertising sign shall be erected, altered, restored, moved, or demolished on such landmark or within such district until after an application for a certificate of appropriateness as to exterior features has been submitted to and approved by the Historic Preservation Commission. Such a certificate is required to 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. A certificate of appropriateness shall be required whether or not a building or other permit is required, and may be issued subject to reasonable conditions necessary to carry out the purposes of G.S. Chapter 160D, Article 9, Part 4. Notwithstanding the foregoing, a certificate of appropriateness for minor works may be reviewed and approved as further described in subsection (B) below.
(1) Applicability to State of North Carolina
The State of North Carolina (including its agencies, political subdivisions and instrumentalities) and the Town of Cary shall be required to obtain a certificate of appropriateness for construction, alteration, moving or demolition within a historic district or of designated landmarks; provided, however, that this Section 3.27.2 shall not apply to interiors of buildings or structures owned by the State of North Carolina. The State and its agencies shall have a right of appeal to the North Carolina Historical Commission pursuant to the provisions of G.S. 160D-947(e).
(2) Exterior Features Defined
For purposes of this Section 3.27.2, "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 features.
(3) Jurisdiction Over Interior Features
The jurisdiction of the Commission over interior spaces shall be limited to specific interior features of architectural, artistic, or historical significance in publicly owned landmarks; and of privately owned landmarks for which consent for interior review has been given by the owners. Said consent of an owner for interior review shall bind future owners and/or successors in title, provided such consent has been filed in the Register of Deeds office of the county in which the property is located and indexed according to the name of the owner of the property in the grantor and grantee indexes. The Landmark Designation shall specify the interior features to be reviewed and the specific nature of the Historic Preservation Commission's jurisdiction over the interior.
(4) Certain Changes Not Prohibited
Nothing in this Section 3.27.2 shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in a historic district or of a landmark which does not involve a change in design, materials, or appearance thereof, nor to prevent ordinary maintenance or repair of streets, sidewalks, pavement markings, street signs, or traffic signs. Nothing herein shall be construed to prevent a property owner from making any use of his or her property that is not prohibited by other law or to prevent (a) the maintenance, or (b) in the event of an emergency, the immediate restoration of any existing above-ground utility structure without approval by the Historic Preservation Commission.
(5) Enforcement and Remedies
Compliance with the terms of the certificate of appropriateness shall be enforced pursuant to the procedures of Chapter 11 of this Ordinance. Failure to apply for a certificate when one is required, or to comply with a certificate once issued, shall be a violation of this Ordinance. An application for a certificate of appropriateness submitted after work has been initiated must be reviewed and approved by the Commission.
(B) Certificate of Appropriateness - Minor Works (Minor COA)
(1) Minor COA Defined
Minor works are those exterior changes that do not involve substantial alterations, additions or removals that could impair the integrity of the property and/or district as a whole. Such minor works shall be limited to those listed below:
(a) Alteration or additions to existing accessory buildings/outbuildings.
(b) Removal of accessory buildings/outbuildings which are not architecturally or historically significant.
(c) Alteration/addition/removal of architectural details.
(d) Alteration/addition/removal of awnings, canopies, or shutters.
(e) Alteration/addition/removal of existing decks.
(f) Alteration/removal of existing doors.
(g) Addition or installation of new doors, including storm doors.
(h) Alteration/addition to/removal of existing driveways.
(i) Construction of new driveways.
(j) Addition/alteration/removal of existing fences or walls.
(k) Construction of new fences and walls.
(l) Alteration of exposed foundations.
(m) Installation or removal of gutters and/or downspouts.
(n) Removal or significant pruning of trees eight (8) inches or greater in diameter, measured four and one-half (4 ½) feet above ground level.
(o) Removal of dead, diseased, or dangerous trees.
(p) Installation/alteration/removal of exterior lighting.
(q) Installation of window air conditioners.
(r) Painting when there is a change in color.
(s) Alteration/addition/removal of existing parking lots.
(t) Alteration/addition/removal of existing patios.
(u) Construction of new patios.
(v) Change in roofing materials.
(w) Installation of satellite dishes and/or television antennae.
(x) Alteration/addition of exterior building surfaces.
(y) Installation/removal of signs.
(z) Alteration/construction/removal of exterior stairs and steps.
(aa) Alteration/construction/removal of temporary features associated with a medical condition.
(bb) Alteration/installation/removal of vents and ventilators.
(cc) Alteration/addition to/removal of existing walkways.
(dd) Construction of new walkways.
(ee) Alteration or removal of existing windows.
(ff) Addition/installation of new windows, including storm windows.
(gg) Addition/alteration/removal of other building appurtenances or accessory site features not specifically listed.
(2) Pre-application Meeting
A pre-application meeting is not required prior to applying for a minor COA, but applicants are advised to contact staff before submitting an application in order to understand the information required and to avoid delays in processing the application.
(3) Required Application Information
Applications shall be filed with staff. A sketch plan and building elevations must accompany the application unless waived by staff for a particular application.
(4) Determination of Compliance
Once a complete application is submitted, staff shall review the application and approve or deny it within forty-five (45) days based on compliance with the standards contained in the principles and guidelines adopted by the Historic Preservation Commission for review of changes. If after staff has reviewed the application, and upon closer review and inspection determines that the requested minor alterations or changes are more appropriately considered major, or determines that the request should be denied, staff will so inform the applicant and the application will follow the major COA review and approval process.
(5) Appeals
Appeals of approvals of certificates of appropriateness for minor works shall be heard by the Zoning Board of Adjustment in accordance with Section 3.21 of this Ordinance.
(C) Certificate of Appropriateness - Major Works (Major COA)
(1) Applicability
This subsection (C) is applicable to any exterior change that does not constitute a Minor COA according to the provisions of Section 3.27.2(B) and that does not constitute relocation, demolition, or destruction of a designated landmark or a building, structure, or site within a historic district; or to any exterior change that does constitute a minor COA and for which application is made after work has been initiated.
(2) Process Type
Approval of a major COA by the Historic Preservation Commission requires a quasi- judicial evidentiary hearing.
(3) Pre-Application Meeting
A pre-application meeting is not required, but applicants are advised to contact Town staff before submitting an application in order to understand the information required and to avoid delays in processing the application.
(4) Required Application
Applications for a major COA shall be filed with the Planning Department. Each application shall be accompanied by sketches, building elevations, photographs, specifications, descriptions and other information of sufficient detail to clearly show the proposed exterior alterations, additions, changes or new construction.
(5) Determination of Application Completeness
The staff to the Commission shall review the application to ensure that it is complete, prepare a report and recommendation on the application, and schedule the matter for an evidentiary hearing before the Historic Preservation Commission. Staff shall transmit to the Commission all applications, reports, and written materials relevant to the matter being considered, and may distribute them to the Commission members prior to the hearing if at the same time they are also provided to the applicant and to the landowner if that person is not the applicant. As a part of the application review procedure, Commission members may view the premises at issue before the hearing so long as at the commencement of the hearing the members disclose the site visit and any facts or information gleaned from the site visit that are relevant to the case. Staff and Commission members may seek the advice of the Department of Archives and History or other such expert advice as it may deem necessary under the circumstances.
(6) Evidentiary Hearing
(7) Decision
The Historic Preservation Commission must act on a request for a Major COA within one hundred eighty (180) days from the date the application is filed. Following the hearing, the Historic Preservation Commission may approve, deny, or approve with conditions the application for a Major Certificate of Appropriateness. The Commission shall take no action regarding a Certificate of Appropriateness except to prevent the construction, reconstruction, alteration, restoration, moving, or demolition of buildings, structures, appurtenant fixtures, outdoor advertising signs, or other significant features that would be incongruous with the special character of the landmark or district. In making decisions on certificates of appropriateness, the Commission shall apply the rules and standards adopted by the Commission pursuant to G.S. 160D-947(c). The decision shall be reduced to writing and shall be approved by the Commission and signed by the Chair of the Historic Preservation Commission or his designee. The decision is effective upon filing the written decision with the Planning Department. The decision shall be delivered by personal delivery, electronic mail, or by first-class mail to the applicant, property owner, and to any person who has submitted a written request for a copy prior to the date the decision becomes effective. The person required to provide notice shall certify that proper notice has been made.
(8) Appeals
An appeal in the nature of certiorari from the decision of the Historic Preservation Commission regarding a major Certificate of Appropriateness application may be taken to the Zoning Board of Adjustment by any aggrieved party in accordance with Section 3.21 of this Ordinance.
(D) Certificate of Appropriateness - Demolition of Landmarks or of Buildings within Historic Districts
(1) Applicability
A Certificate of Appropriateness - Demolition, is required prior to the relocation, demolition, or destruction of a designated landmark or a building, structure, or site within a historic district.
(2) Process Type
Approval of a Certificate of Appropriateness – Demolition by the Historic Preservation Commission requires a quasi-judicial evidentiary hearing.
(3) Pre-Application Meeting
A pre-application meeting is not required prior to applying for a COA-Demolition, but applicants are advised to contact staff before submitting an application in order to understand the information required and to avoid delays in processing the application.
(4) Required Application Information
Each application shall be accompanied by a sketch plan designating the extent of the proposed demolition, removal or destruction of historic structures.
(5) Determination of Application Completeness
Staff shall review the application to ensure that it is complete, prepare a report and recommendation on the application, and schedule the matter for an evidentiary hearing before the Historic Preservation Commission. Staff shall transmit to the Commission all applications, reports, and written materials relevant to the matter being considered, and may distribute them to the Commission members prior to the hearing if at the same time they are also provided to the applicant and to the landowner if that person is not the applicant. As a part of the application review procedure, Commission members may view the premises at issue before the hearing so long as at the commencement of the hearing the members disclose the site visit and any facts or information gleaned from the site visit that are relevant to the case. Staff and Commission members may seek the advice of the Department of Archives and History or other such expert advice as it may deem necessary under the circumstances.
(6) Evidentiary Hearing
(7) Decision
The Historic Preservation Commission must act on a request for a COA-Demolition within one hundred eighty (180) days from the date the application is filed. Following the hearing, the Historic Preservation Commission may approve, deny, or approve with conditions the application for a COA-Demolition in accordance with the below provisions. The decision shall be reduced to writing and shall be approved by the Commission and signed by the Chair of the Historic Preservation Commission or his designee. The decision is effective upon filing the written decision with the Planning Department. The decision shall be delivered by personal delivery, electronic mail, or by first-class mail to the applicant, property owner, and to any person who has submitted a written request for a copy prior to the date the decision becomes effective. The person required to provide notice shall certify that proper notice has been made.
(a) The Historic Preservation Commission may approve the request if the request is not incongruous with the special character of the landmark or district.
(b) The Historic Preservation Commission may deny the request only if the building, structure or site has been determined by the State Historic Preservation Officer as having statewide significance as defined in the criteria of the National Register of Historic Places; provided, however, that such request may not be denied if the Historic Preservation Commission finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return from such property by virtue of the denial.
(c) The Historic Preservation Commission may delay the effective date of such a certificate by up to three hundred sixty-five (365) days from the date of approval if the request would be incongruous with the special character of the landmark or district. The period of delay should be reduced by the Historic Preservation Commission if 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 the delay period, the Historic Preservation Commission shall negotiate with the owner and other parties in an effort to find a means of preserving the building, structure or site. If the Historic Preservation Commission finds that a building, structure or site has no special significance or value toward maintaining the character of a district, it shall waive all or part of such period of delay and authorize earlier demolition or removal. If the Historic Preservation Commission has voted to recommend the designation of a landmark or the designation of an area as a historic district, and final designation has not been made by the Town Council, the demolition or destruction of any building, structure or site located on the property of the proposed landmark or in the proposed district may be delayed by the Commission for up to one hundred eighty (180) days or until the Town Council takes final action on the designation, whichever occurs first.
(8) Appeals
An appeal in the nature of certiorari from the decision of the Historic Preservation Commission regarding a major Certificate of Appropriateness application may be taken to the Zoning Board of Adjustment by any aggrieved party in accordance with Section 3.21 of this Ordinance.
(Ord. No. 2014-LDO-02, 6-26-14; Ord. No. 2015-LDO-001, 4-21-15; Ord. No. 2018-LDO-01, 5-3-18; Ord. No. 2018-LDO-02, 8-9-2018; Ord. No. 2019-LDO-03, 10-10-19; Ord. No. 2021-LDO-01, 6-24-21)