(A) Rules and regulations.
(1) Development restriction. From and after the designation of a historic landmark or district, 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 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 Properties Commission (HPC). A certificate of appropriateness shall be required whether or not a building permit is required.
(2) Exterior features. For purposes of this subchapter “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 or other structure, 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 mean the style, material, size, and location of all such signs. In adopting a resolution, establishing a historic district, the Board of Commissioners may provide that “exterior features” also include historic signs, color, and significant landscape, archaeological, and natural features of the area.
(3) Building permit restriction. In adopting a resolution establishing a historic district, the county shall provide that no building permit or other permit granted for the purposes of constructing, altering, moving, or demolishing structures shall be issued unless the HPC has first issued a certificate of appropriateness authorizing the construction, alteration, moving, restoration, or demolition. Any building permit or such other permit not issued in conformity with this section shall be invalid. In approving a certificate of appropriateness, the HPC may attach reasonable conditions necessary to carry out the purposes of this subchapter.
(4) Protection of character. The HPC shall take no action under this section except to prevent the construction, reconstruction, alteration, restoration, moving, or demolition of buildings, structures, appurtenant fixtures, outdoor advertising signs, or other significant features which would be incongruous with the special character of the landmark or district.
(B) Review guidelines. The HPC shall review the established guidelines prepared during the designation resolution process for the subject property. 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.
(C) Administrative approval for minor works allowed. The Planning Department may issue a certificate of appropriateness for minor works, as listed in the HPC's rules of procedure. Minor work shall include and are defined as 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. No application for a minor works certificate of appropriateness may be denied without formal action by the HPC.
(D) Limitations on interior review. Notwithstanding this subchapter, jurisdiction of the HPC over interior spaces shall be limited to specific interior features of architectural, artistic, or historical significance in publicly owned landmarks, and of privately owned historic landmarks for which consent for interior review has been given by the owner(s). If an owner's consent for interior review has been filed with the Register of Deeds of Harnett County and indexed according to the name of the owner(s) of the property in the grantee and grantor indexes, such consent shall bind future owners and/or successors in title. The designation resolution establishing the historic designation shall specify the interior features to be reviewed and the specific nature of the HPC's jurisdiction over those features.
(E) Certain changes not prohibited. Nothing in this subchapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of a historic landmark or property located within a district that does not involve a change in design, material, or outer appearance thereof. Nor shall this subchapter be construed to prevent the construction, reconstruction, alteration, restoration, moving, or demolition of any such feature when a building inspector or similar county official certifies to the HPC that such action is required for the public safety because of an unsafe or dangerous condition. Nothing herein shall be construed to prevent the property owner(s) from making any use of his or her property not prohibited by other statutes, ordinances, or regulations. Nothing in this subchapter shall be construed to prevent the maintenance of or, in the event of an emergency, immediate restoration of any existing above-ground utility structure without approval by the HPC.
(F) Delay in demolition of designated properties. Except as provided below, the HPC may not deny an application for certificate of appropriateness authorizing the demolition of a designated historic landmark or property located within a district. However, the HPC may delay the effective date of such a certificate for a period of up to 365 days from the date of approval. The HPC may reduce the period of delay where it finds that the owner(s) 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 HPC may negotiate with the owner and with any other parties in an effort to find a means of preserving the property, as provided in § 153.282. The HPC may deny an application for a certificate of appropriateness authorizing the demolition or destruction of a building, site, or structure determined by the State Historic Preservation Office to have statewide significance, as defined in the criteria of the National Register of Historic Places, unless the HPC finds that the owner(s) would suffer extreme hardship or be permanently deprived of all beneficial use or return by virtue of the denial. If the HPC 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 Board of Commissioners, 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 HPC for a period of up to 180 days or until the Board of Commissioners takes action on the designation, whichever occurs first. Should the Board of Commissioners approve the designation prior to the expiration of the 180-day delay period, an application for a certificate of appropriateness for demolition must then be filed; however, the maximum delay period of 365 days shall be reduced by the period of delay while the designation was pending.
(G) Demolition by neglect. Demolition by neglect of any designated historic landmark or property located within a district shall constitute a violation of this subchapter. The Board of Commissioners and/or HPC with the expressed consent of the Board of Commissioners may take appropriate actions to prevent demolition by neglect, provided such actions include appropriate safeguards to protect the property owner(s) from undue economic hardship.
(H) Required procedures.
(1) Submittal of application. An application for a certificate of appropriateness shall be obtained from and, when completed, filed with the Planning Department. Applications for certificates of appropriateness 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 certificate of appropriateness 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) Notification of affected property owners. Before considering an application for a certificate of appropriateness, the HPC shall notify by mail the owner(s) of any adjacent property. The mailed
notices are for the convenience of the property owner(s) and occupant(s) and any defect or omission therein shall not impair the validity of issuing a certificate of appropriateness, or any following action.
(4) Public hearing. When considering an application, the HPC shall give the applicant(s) and stakeholder(s) of any property likely to be materially affected by the application, an opportunity to be heard at a public hearing.
(5) Reasons for HPC's actions to appear in minutes. The HPC shall cause to be entered into the minutes of its meeting the reasons for its actions, whether it be approval, approval with modifications, deferral or denial. The minutes shall also contain a summary of any citation to the evidence, testimony, studies, or other authority upon which it based its decision.
(6) HPC action on application. When considering the application, the HPC shall apply the review guidelines required by § 153.007, and shall, before final action on the application, make findings of fact indicating the extent to which the application is or is not in compliance with the review criteria. The HPC's action on the application shall be approval, approval with modifications, deferral, or disapproval.
(7) Time limits. If the HPC fails to take final action upon any application within 180 days from the date the complete application is filed with the Planning Department, the application shall be deemed to be approved as submitted. This time period may be extended to an exact date upon mutual agreement between the HPC and the applicant(s). A certificate of appropriateness shall expire 180 days after the date of issuance, or in the case of a demolition certificate of appropriateness, the effective date, if the work authorized by the certificate has not been commenced. If the work has been discontinued for a period of 365 days after commencement, the certificate shall immediately expire.
(8) Submission of new application. If the HPC denies a certificate of appropriateness, a new application affecting the same property may be submitted only if substantial change is made in plans for the proposed construction, reconstruction, alteration, restoration, or moving.
(9) Appeals of the HPC's decision. An appeal may be made to the Harnett County Board of Adjustment regarding the HPC's action in approving or denying any application for a certificate of appropriateness. Written notice of intent to appeal must be sent to the HPC, postmarked within 20 days following the HPC's decision, unless oral notice of appeal is made to the HPC during the meeting at which the decision is rendered. Appeals must be filed with the Harnett County Board of Adjustment within 60 days following the Commission's decision. Appeals shall be in the nature of certiorari. The Board of Adjustment's decision in any such case may be appealed to the Superior Court of Harnett County.
(I) Publicly owned buildings and structures. Designated historic buildings, structures, sites, areas, or objects in the HPC's jurisdiction owned by state or any of its political subdivisions, agencies, or instrumentalities shall be subject to the regulations imposed by this ordinance, in accordance with state general statutes.
(J) Remedies. In case any building, structure, site, area, or object designated a historic landmark or any property located within a historic district is about to be demolished as the result of deliberate neglect or otherwise, materially altered, remodeled, constructed, or removed, except in compliance with this subchapter, the Board of Commissioners, the HPC, or other party aggrieved by such action may institute any appropriate action or proceedings to prevent such unlawful demolition, material alteration, remodeling, or removal, to restrain, correct or abate such violation, or to prevent any illegal act or conduct with respect to such historic property.
(Ord. passed 10-17-2011; Res. passed 6-21-2021; Ord. 2023-27, passed 12-18-2023)