(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
EXTERIOR FEATURES. Includes 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. EXTERIOR FEATURES may also include historic signs, color and significant landscape, archaeological and natural features of the area. In the case of outdoor advertising signs, EXTERIOR FEATURES shall be construed to mean the style, material, size and location of all such signs.
(B) Certificate of Appropriateness required.
(1) From and after the designation of a landmark, 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 until after an application for a Certificate of Appropriateness as to exterior features has been submitted to and approved by the Commission. Such a certificate is required to be issued by the Commission prior to the issuance of a building permit or other permit granted for the purposed of construction, altering, moving, or demolishing structures, which certificate may be issued subject to reasonable conditions necessary to carry out the purposes of this subchapter. A Certificate of Appropriateness shall be required whether or not a building or other permit is required.
(2) The State of North Carolina (including its agencies, political subdivisions and instrumentalities), the Town of Kill Devil Hills, and all public utilities shall be required to obtain a Certificate of Appropriateness for construction, alteration, moving or demolition of designated landmarks.
(C) Application for Certificate of Appropriateness.
(1) Applications for a Certificate of Appropriateness shall be obtained from the Planning and Inspection Department and when completed, filed with the Zoning Administrator. The application shall be filed two weeks prior to the next regularly scheduled meeting of the Commission. Each application shall be accompanied by sketches, drawings, photographs, specifications, descriptions and other information of sufficient detail to clearly show the proposed exterior alterations, additions, changes or new construction. The names and mailing addresses of property owners filing and/or subject to the application and the addresses of the property within 100 feet on all sides of the property that is the subject of the application must also be filed. No application that does not include the aforementioned information will be accepted.
(2) It shall be the policy of the Commission, in regard to applications involving new construction or extensive alterations and/or additions to existing structures, that a subcommittee of the Commission shall be available to meet with persons involved in planned or pending applications in order to advise them informally at an early stage in the development process concerning the Commission's guideline, the nature of the area where the proposed project will take place, and other relevant factors. The members of the subcommittee, collectively and individually, shall refrain from any indication of approval or disapproval. Advice or opinions given by a member of the subcommittee at such informal meeting shall not be considered official or binding upon the Commission.
(D) Action on application. The Zoning Administrator shall notify, by certified mail, not less than one week prior to the meeting at which the matter is to be heard, the owners of the property within 100 feet on all sides of the subject property. Application for a Certificate of Appropriateness shall be acted upon within 90 days after filing, otherwise the application shall be deemed approved and a certificate shall be issued. An extension of time may be granted by mutual consent of the Commission and the applicant. As part of the review procedures the Commission may view the premises and seek advice, as it may deem necessary under the circumstances. The Commission may hold a public hearing on any application when deemed necessary. The action on an application shall be approval, approval with conditions or denial and the decision of the Commission must be supported by specific findings of fact indicating the extent to which the application is or is not congruous with each special character of the landmark.
(E) Hearing on application; jurisdiction; appeal.
(1) Prior to the issuance or denial of a Certificate of Appropriateness the applicant or other property owner(s) likely to be materially affected by the application shall be given an opportunity to be heard. All meetings of the Commission shall be open to the public in accordance with the North Carolina Open Meetings Laws, G.S. Ch. 143, Art. 33C. Decision on Certificate of Appropriateness of G.S. Chapter 160D are quasi-judicial and shall follow procedures of G.S. § 160D-406.
(2) (a) The Commission shall have no jurisdiction over interior arrangement, except as provided below, and shall take no action under this chapter except to prevent the construction, reconstruction, alteration, restoration, moving or demolition of buildings, structures, appurtenant features, outdoor advertising signs or other significant features which would be incongruous with the special character of the landmark.
(b) 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. Such 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 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 Commission's jurisdiction over the interior.
(3) (a) In any action granting or denying a Certificate of Appropriateness, an appeal by an aggrieved party may be taken to the Board of Adjustment.
(b) Written notice of the intent to appeal must be sent to the Commission, post marked within 30 days following the decision. Appeals shall be in the nature of certioraris. Appeals of decisions of the Board of Adjustment shall be heard by the Superior Court of Dare County.
(c) The State of North Carolina shall have a right of appeal to the North Carolina Historical Commission, which shall render its decision with 30 days from the date that the notice of appeal by the state is received by the Historical Commission. The decision of the Historical Commission shall be final and binding upon both the state and the Commission.
(Ord. 04-05, passed 4-12-04; Am. Ord. 18-7, passed 6-14-21)