(A) Adoption of a designation resolution. Upon compliance with the procedures set out in division (D) below, the Board of Commissioners may adopt and, quarterly, amend or repeal a designation resolution of one or more historic landmarks. The designation resolution shall include information which shall:
(1) List the name(s) of the owner(s) of the property;
(2) Describe each property in the designation resolution, including the approximate area (size) of the property so designated;
(3) Describe those elements of the property that are integral to its historical, prehistorical, architectural, archaeological, and/or cultural significance;
(4) Provide for each designated historic landmark, a suitable sign or plaque indicating that the landmark has been so designated; and
(5) Any other information the Historical Properties Commission (HPC) and/or Board of Commissioners deems necessary within the authority of this subchapter and the general statutes.
(B) Criteria for designation. In order for any building, structure, site, area, or object to be designated in a resolution as a historic landmark, the HPC must find that the property is of special significance in terms of its history, prehistory, architecture, archaeology and/or cultural importance, and that it possesses integrity of design, setting, workmanship, materials, feeling and/or association.
(C) Inventory. The HPC shall use an inventory of buildings, structures, sites, areas, or objects of historical, prehistorical, architectural, and archaeological significance in the county as a guide to the identification, assessment, and designation of historic landmarks. The HPC shall update the inventory quarterly.
(D) Required procedures for designation. The Board of Commissioners may not adopt or amend a resolution, designating a historic building, structure, site, area, or object, or acquire any landmark, until the steps prescribed by this subchapter and its subsections have been taken, including rules of procedure and guidelines for the altering, restoring, moving, or demolishing properties designated as historic. Designation procedures may be initiated by the HPC or at the request of property owner(s) or his or her duly authorized agent.
(1) Submittal of application. An application for a designation shall be obtained from and, when completed, filed with the Planning Department. Applications for designation shall be considered by the HPC at its next regularly scheduled meeting, provided they have been filed, complete in form and content, at least 15 working days before the meeting; otherwise consideration shall be deferred until the following meeting.
(2) Contents of application. The HPC shall, by uniform rule in its rules of procedure, require information as is reasonably necessary to determine the nature of the application. An application for a designation shall not be considered complete until the required information is included. An incomplete application shall not be accepted. Nothing shall prevent the applicant(s) from filing with the application additional relevant information bearing on the application.
(3) Designation reports. The HPC shall make, or cause to be made, an investigation and report that includes all the information contained in this section. Applications prepared by property owner(s) will be judged by the same criteria as those prepared by the HPC.
(a) The name(s) of the property to be considered for designation; both common and historic names, if they can be determined;
(b) The name(s) and address of the current property owner(s);
(c) The location of the property proposed to be designated historic, including the street address, Harnett County tax map and parcel numbers and/or the parcel identification number;
(d) The date of construction and of any later alterations, if any, if they can be determined;
(e) An assessment of the significance of the site or structure pursuant to division (B) above;
(f) An architectural and/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;
(g) A historical discussion of the site or structure within its type, period and locality;
(h) A photograph, current and historic if available, that clearly depicts the property proposed to be designated and supplementary photographs showing facades, details and site layout; and
(i) A map showing the location of the property, including any outbuildings and appurtenant features.
(4) Review guidelines. Prior to the designation of any historic landmark or district, the HPC shall prepare and adopt guidelines, not inconsistent with the state general statutes for altering, restoring, moving, or demolishing of property designated as historic. It is the intention of these guidelines to ensure, insofar as possible, that changes in designated landmarks or properties located within designated districts shall be in harmony with the reasons for designation.
(5) Review by the North Carolina Department of Cultural Resources (NCDCR), Division of Archives and History. A report accepted by the HPC shall be submitted to the NCDCR, Division of Archives and History or its successor agency, for comments pursuant to state general statutes, as amended from time to time. The NCDCR, Division of Archives and History or its successor agency, acting through the State Historic Preservation Officer, shall, either at their own request or at the initiative of the HPC, be given an opportunity to review and comment upon the substance and effect of the designation of any landmark pursuant to this subchapter.
(6) Consideration of the report. Once the designation report has been prepared, either by the HPC or by the property owner(s), and is deemed by the Planning Department to meet the provisions of division (D)(1), the HPC shall consider the report. The HPC may accept it, amend it, reject it, or recommend further study. Prior to final action on a designation report, the HPC shall indicate the extent to which the landmark meets the criteria for designation in division (B) above. The HPC should consider any comments received in writing from the NCDCR, Division of Archives and History or its successor agency. If the NCDCR, Division of Archives and History does not submit its written comments or recommendations in connection with any proposed designation within 30 days following receipt of the report, the HPC and Board of Commissioners shall be relieved of any responsibility to consider such comments. After the expiration of the 30-day comment period given the NCDCR, Division of Archives and History, the HPC may recommend to the Board of Commissioners that the property be designated as a historic landmark.
(7) Submission to the Board of Commissioners. The HPC shall forward its recommendation to the Board of Commissioners. The HPC shall submit a copy of the designation report, any written comments received from the NCDCR, Division of Archives and History, and, if the recommendation is for approval, a proposed designation resolution, to the Board of Commissioners.
(8) Public hearing. When a proposed designation resolution is submitted, the HPC and the Board of Commissioners shall hold a joint public hearing or separate public hearings on the proposed designation resolution. The HPC shall send a notification letter, including time and place, to property owners adjacent to the subject property. It is recommended, but not required, that the HPC also post a notification sign on the subject property and publish notice in a local periodical.
(9) Adoption of a designation resolution. Following the required public hearing, the Board of Commissioners shall consider the designation report, the HPC's recommendation, the NCDCR, Division of Archives and History's comments, and the comments made at the public hearing, and may adopt the designation resolution as proposed, adopt it with amendments, or reject the resolution.
(E) Actions subsequent to approval. Upon adoption of the resolution:
(1) Planning Department shall send the owner(s) of the landmark, as identified by current tax records, written notice of such designation of adoption of the resolution by certified mail, return receipt requested.
(2) The HPC shall file one copy of the resolution and any subsequent amendments thereto, in the office of the Register of Deeds of Harnett County. The Register of Deeds shall index each historic landmark according to the name of the owner(s) in the grantee and grantor indexes.
(3) All tax maps maintained by Harnett County shall clearly indicate the designation of a building, structure, site, area, or object as a historic landmark for as long as the designation remains in effect.
(4) The Planning Department shall notify the tax assessor of Harnett County of the landmark designation. The assessor shall consider the designation and any recorded restriction on the landmark in appraising it for tax purposes.
(F) Denied applications. If the Board of Commissioners denies a designation report, a copy of the minutes of the public hearing at which such a decision to deny the report was made, shall be mailed to the owner(s) of the property proposed for designation, as requested.
(Ord. passed 10-17-2011; Res. passed 6-21-2021; Ord. 2023-27, passed 12-18-2023)