(A) Prior to the issuance or denial of a certificate of appropriateness the applicant and other property owners 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 State Open Meetings Law, G.S. Ch. 143, Art. 33C.
(B) 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.
(C) 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. The consent of an owner for interior review has been given by the owners. The consent of an owner for interior review shall bind future owners and/or successors in title; provided, the 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.
(D) In any action granting or denying a certificate of appropriateness, an appeal by an aggrieved party may be taken to the Board of Adjustment.
(E) Written notice of the intent to appeal must be sent to the Commission, postmarked 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 Cleveland County.
(F) The state shall have a right of appeal to the State Historical Commission, which shall render its decision within 30 days from the date that a 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. 98-08, passed 4-28-1998)