The Use Districts established in § 154.060 above may also be zoned as an Historic Overlay District as designated herein and as shown on the official zoning map. In that case the land is subject to not only the requirements of the underlying use district but also the additional requirements of the Historic Overlay District.
(A) Purpose. The Historic District establishes regulations, which will help maintain the historic integrity of certain areas within the town.
(B) Designation procedure. Historic districts, as provided for in this section, may be designated, amended or repealed through the following procedure:
(1) In investigation and report describing the significance of the buildings, structures, features, sites, or surroundings included in any like proposed district, and a description of the boundaries of the district shall be prepared by the Historic Preservation Commission and a recommendation thereon made to the Planning and Zoning Board;
(2) The North Carolina Department of Cultural Resources, acting through the State Preservation Officer or his or her designee, shall make an analysis of and recommendations concerning the report and the description of proposed boundaries. Failure of the Department of Cultural Resources to submit its written analysis and recommendation to the town within 30 calendar days after a written request for the analysis has been received shall relieve the town of any responsibility for awaiting the analysis. The town may at any time thereafter take any necessary action to adopt or amend this chapter with regard to historic districts;
(3) The Town Council may also refer the report and proposed boundaries to any local Preservation commission or other interested body for its recommendations prior to taking action;
(4) Changes in the boundaries of a district subsequent to its initial establishment, or the creation of additional districts within the town, shall require the preparation of investigative studies by the Historic Preservation Commission; and they shall be referred to the Department of Cultural Resources for its review and comment according to the procedures set forth in this subsection. Changes in the boundaries of a district or proposals for additional districts shall also be submitted to the Department of Cultural Resources in accordance with the provisions of this section; and
(C) Dimensional regulations and exceptions. Structures within a historic district shall comply with the regulations of the underlying zoning district, except as follows:
(1) Residential structures erected in a historic district may use the prevailing setback of structures on the same side of the street in accordance with § 154.020;
(2) All street setback (except as provided in the division (C)(1) above), interior setback, building coverage, and height requirements shall comply with applicable zoning regulations unless a special exception is approved by the Board of Adjustment. The special exception shall be granted only if it complies with the intent of the architectural and historic guidelines of the historic district and if first recommended by the Historic Preservation Commission;
(3) Where the Historic Preservation Commission, in considering an application for a certificate of appropriateness, shall find that the number of off-street parking spaces and/or design standards for parking lots specified by this chapter would render the site incompatible with the historic district design guidelines and the historic aspects of the district, it may recommend to the Board of Adjustment a special exception to the provisions of the off-street parking requirements and/or design standards. The Board of Adjustment may authorize as a special exception a reduced standard concerning off-street parking provided it finds:
(a) That the lesser standard will not create problems due to increased on-street parking; and
(b) That the lesser standard will not create a threat to the public safety.
(D) Certain changes not prohibited: Nothing in this section shall be construed to prevent the following:
(1) The ordinary maintenance or repair of any exterior architectural feature in a historic district which does not involve a change in design, material or outer appearance thereof;
(2) The construction, reconstruction, alteration, restoration, moving or demolition of any like feature if the building inspector or Zoning Administrator has certified in writing to the Historic Preservation Commission that the action is required to protect the public safety because of unsafe or dangerous conditions; or
(3) The ordinary maintenance or repair of streets, sidewalks, pavement markings, utility service lines, street signs, traffic signs and/or replacement of street light fixtures in the event of equipment failure, accidental damage, or natural occurrences such as electrical storms, tornadoes, ice storms and the like.
(E) Certificate of appropriateness required.
(1) A certificate of appropriateness shall be required for all activities specified in this section whether a building permit is required or not.
(2) After the designation of a historic district, no exterior portion of any building or other structure (including but not limited to 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 within the district until after an application for a certificate of appropriateness as to exterior features has been submitted and approved by the Historic Preservation Commission.
(3) For the purposes of this section, 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 fixtures. In the case of outdoor advertising signs, EXTERIOR FEATURES shall be construed to mean the style, material, size and location of all like signs. EXTERIOR FEATURES may include historic signs, color and significant landscape, archaeological and natural features of the area.
(4) The Historic Preservation Commission may impose standards as may be set forth elsewhere in this section or adopted by the Commission. Any building permit not issued in conformity with this section shall be invalid.
(5) The discontinuance of work or the lack of progress toward achieving compliance with the certificate of appropriateness for a period of 1 year shall render the certificate null and void and of no effect and application shall be made for a new certificate. However, in the event the issuance of a certificate is appealed, the 1 year period shall not commence until a final decision is reached regarding the matter.
(6) The Commission may, after adoption of architectural and historic guidelines allow the Zoning Administrator or his or her designee to review and approve minor work to review and approve minor work provided, however, that no application for a certificate of appropriateness may be denied without formal action by the Historic Preservation Commission.
(7) The town and all public utilities, except as provided under division (D) above, shall be required to obtain a certificate of appropriateness prior to initiating in a historic district any changes in the character of street paving, street width, utility installations or removals, lighting, street trees, walls, fences, sidewalks or exterior of buildings or structures on property or streets in which they have a fee or other interest.
(F) Application procedures
(1) Application for a certificate of appropriateness shall be made to the Zoning Administrator on forms provided. The application shall be filed no later than 14 days prior to the next regularly scheduled meeting of the Historic Preservation Commission. Each application shall be accompanied by sketches, drawings, photographs, specifications, descriptions and/or other information of sufficient detail to clearly show the proposed move, exterior alterations, additions, changes, new construction or demolition.
(2) The Zoning Administrator staff shall make a reasonable attempt to identify and notify the owners of surrounding property likely to be affected by the application for a certificate of appropriateness. The Zoning Administrator shall transmit the application, together with the supporting information and material, to the Historic Preservation Commission for consideration. The Commission shall act upon the application within 60 days after the filing thereof, otherwise failure to act upon the application shall be deemed to constitute approval and a certificate of appropriateness shall prohibit an extension of time where mutual agreement has been reached between the Commission and the applicant.
(3) Prior to issuance or denial of a certificate of appropriateness, the Historic Preservation Commission shall give the applicant and other property owners likely to be affected by the application an opportunity to be heard. In cases where the Commission deems necessary, it may hold a public hearing concerning the application and seek the advice of the North Carolina Department of Cultural Resources or other expert advice.
(4) The Commission shall not refuse to issue a certificate of appropriateness except for the purpose of preventing the construction, reconstruction, alteration, restoration, or moving of buildings, structures appurtenant features, or signs in the historic district which would be incompatible with the architectural and historic guidelines.
(5) An appeal may be taken to the Board of Adjustment from the Historic Preservation Commission's action in granting or denying any certificate. The appeal:
(a) May be taken by any aggrieved party;
(b) Shall be taken within 15 days after the decision of the Commission; and
(c) Shall be in the nature of certiorari.
(6) Any appeal from the Board of Adjustment's decision in any like case shall be heard by the Superior Court of the County.
(G) Review criteria.
(1) In granting a certificate of appropriateness, the Historic Preservation Commission shall take into account the historic or architectural significance of the property under consideration and the exterior form and appearance of any proposed additions or modifications to a structure.
(2) The Commission shall not consider interior arrangement.
(3) The provisions of this section shall not become effective for a historic district until after the Commission has adopted detailed architectural and historic guidelines applicable to proposals within the historic district. These criteria shall take into account the historic, architectural and visual elements of the district and shall be reviewed a minimum of every 5 years. At a minimum, the criteria shall contain guidelines addressing the following factors:
(a) Historic significance or quality. The quality or significance in history, architecture, archeology or culture present in districts, sites, structures, buildings or objects that posses integrity of location, design, setting, materials, workmanship and feeling and association:
1. That are associated with events that have made a significant contribution to the broad patterns of local, state or national history; or that are associated with the lives of persons significant in the past;
2. That embody the distinctive characteristics of a type, period or method of construction;
3. That represent the work of a master or that possess high artistic values; or
4. That represent a significant and distinguishable entity whose components may lack individual distinction; or that have yielded, or may be likely to yield, information important in prehistory or local, state or national history.
(b) Exterior form and appearance. In considering exterior form and appearance, the Commission may take into account, but is not limited to, the following elements to ensure that they are consistent with the historic or visual character or characteristics of the district:
1. Exterior features as described in division (E) above;
2. Height of the building or structure;
3. Setback and placement on lot of the building or structure, including lot coverage and orientation;
4. Exterior construction materials, including textures, patterns and colors;
5. Architectural detailing, such as lintels, cornices brick bond, foundation materials and decorative wooden features;
6. Roof shapes, forms and materials;
7. Proportions, shapes, positionings and locations, patterns and sizes of any elements of fenestration;
8. General form and proportions of buildings and structures;
9. Appurtenant fixtures and other features such as lighting;
10. Structural condition and soundness;
11. Use of local or regional architectural traditions; and
12. Effect of trees and other landscaping elements.
(H) Delay in demolition of landmarks and buildings.
(1) An application for a certificate of appropriateness authorizing the relocation, demolition or destruction of a designated landmark or a building, structure or site within the district may not be denied except as provided in this section. However, the effective date of a certificate may be delayed for a period of up to 365 days from the date of approval.
(a) The maximum period of delay authorized by this division (H) shall be reduced by the Historic Preservation Commission where it finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use of or return from the property by virtue of the delay.
(b) During that period, the Commission shall negotiate with the owner and with any other parties in an effort to find a means of preserving the building or site.
(c) If the Commission finds that a building or site within a district has no special significance or value toward maintaining the character of the district, it shall waive all or part of the period and authorize earlier demolition or removal.
(2) If the Historic Preservation Commission has voted to recommend designation of a property as a landmark or designation of an area as a district, final designation has not been made by the Town Council, 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 Commission for a period of up to 180 days or until the Town Council takes final action on the designation, whichever occurs first.
(3) The Town Council may enact an ordinance to prevent the demolition by neglect of any designated landmark or any building or structure within an established historic district. The ordinance shall provide appropriate safeguards to protect property owners from undue economic hardship.
(4) An application for a certificate of appropriateness authorizing the demolition or destruction of a building, site or structure determined by the State Historic Preservation Officer as having statewide significance as defined in the criteria of the National Register of Historic Places may be denied except where the Historic Preservation Commission finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return by virtue of the denial.
(1981 Code, § 501) (Ord. passed 6-28-2004)