(A) Historic districts.
(2) Historic districts may from time to time be designated, amended or repealed, provided however that no district shall be recommended for designation unless it is deemed to be of special significance in terms of its historical, prehistorical, architectural or cultural importance. A district must also possess integrity of design, setting, workmanship, materials, feeling and/or association. No district shall be designated, amended or repealed until the following designation procedure has been carried out:
(a) An investigation and report describing the significance of the buildings, structures, features, sites or surroundings included in any proposed district, and a description of the boundaries of a district shall have prepared; and
(b) The Department of Cultural Resources, acting through the State Historic Preservation Officer or his or her designee, shall have made an analysis of and developed recommendations concerning the report and description of proposed boundaries. Failure of the Department to submit its written analysis and recommendations to the Town Council within 30 calendar days after a written request for analysis and recommendations have been received by the Department of Cultural Resources shall relieve the Town Council of any responsibility for awaiting the analysis and recommendations, and the Town Council may at any time thereafter take any necessary action to adopt or amend its Zoning Chapter.
(3) The Town Council may also, in its discretion, refer the report and the proposed boundaries to any other interested body for its recommendations prior to taking action to amend the Zoning Chapter.
(4) With respect to any changes in the boundaries of a district subsequent to its initial establishment, or the creation of additional districts within the jurisdiction, the investigative studies and reports required by division (A)(2)(a) above shall be prepared by the Commission and shall be referred to the Planning Board for its review and comment according to the procedures set forth in the Zoning Chapter changes in the boundaries of an initial district or proposal for additional districts shall be submitted to the Department of Cultural Resources in accordance with the provisions of division (A)(2)(b) above.
(5) Upon receipt of these reports and recommendations the Town Council may proceed in the same manner as would otherwise be required for the adoption or amendment of any appropriate Zoning Chapter provisions.
(B) Historic landmarks.
(1) Upon complying with the required landmark designation procedures set forth herein, the Town Council may adopt and from time to time amend or repeal an ordinance designating one or more historic landmarks.
(2) No property shall be recommended for designation by ordinance as a landmark unless it is deemed and found by the Historic Preservation Commission to be of special significance in terms of its historical, prehistorical, architectural or cultural importance, and to possess integrity of design, setting, workmanship, materials, feeling and/or association.
(3) The ordinance shall describe each property designated in the ordinance, the name or names of the owner or owners of the property, those elements of the property that are integral to its historical, architectural or prehistorical value, including the land area of the property so designated, and any other information the Town Council deems necessary.
(4) For each building, structure, site, area or object so designated as a landmark, the ordinance shall require that the waiting period set forth in this chapter be observed prior to its demolition.
(5) A suitable sign for each property designated as a landmark may be placed on the property with the owner's consent; otherwise the sign may be placed on a nearby public right-of-way.
(6) No property shall be designated as a landmark until the following steps have been taken.
(a) As a guide for the identification and evaluation or landmarks, the Historic Preservation Commission shall, at the earliest possible time and consistent with the resources available to it, undertake an inventory of properties of historical, architectural, prehistorical and cultural significance within the Zoning jurisdiction of the Town of Liberty. The inventories and any additions or revisions thereof shall be submitted as expeditiously as possible to the Division of Archives and History, North Carolina Department of Cultural Resources.
(b) The Commission shall make or cause to be made an investigation and report on the historic, architectural, prehistorical, educational or cultural significance of each building, structure, site, area or object proposed for designation or acquisition. The report shall be forwarded to the Division of Archives and History, North Carolina Department of Cultural Resources.
(c) The Department of Cultural Resources, acting through the State Historic Preservation Officer, or his or her designee, shall either upon request of the Department or at the initiative of the Commission be given an opportunity to review and comment upon the substance and effect of the designation of any landmark. All comments will be provided in writing. If the Department does not submit its comments to the Commission within 30 days following receipt by the Department of the report, the Commission and the Town Council shall be relieved of any responsibility to consider the comments.
(d) The Commission and the Town Council shall hold a joint public hearing (or separate public hearings) on the proposed ordinance. Reasonable notice of the time and place thereof shall be given.
(e) Following the public hearing(s) the Town Council may adopt the landmark ordinance as proposed, adopt the ordinance with any amendments it deems necessary, or reject the proposed ordinance.
(f) Upon adoption of the landmark ordinance the owners and occupants of each landmark shall be given written notification of the designation insofar as reasonable diligence permits. One copy of the ordinance and all amendments thereto shall be filed by the Commission in the office of the Register of Deeds of Randolph County. Each designated landmark shall be indexed according to the name of the owner of the property in the grantor and grantee indexes in the Register of Deeds office and the Commission shall pay a reasonable fee for filing and indexing. A second copy of the ordinance and all amendments thereto shall be kept on file in the office of the Town Clerk and be made available for public inspection at any reasonable time. A third copy of the ordinance and all amendments thereto shall be given to the Randolph County Building Inspector. The fact that a building, structure, site, area or object has been designated as a landmark shall be clearly indicated on all tax maps maintained by Randolph County for the period as the designation remains in effect.
(g) Upon the adoption of the landmark ordinance or any amendments thereto, it shall be the duty of the Commission to give notice thereof to the Tax Supervisor of Randolph County. The designation and any recorded restrictions upon the property limiting its use for preservation purposes shall be considered by the Tax Supervisor in appraising it for tax purposes.
(Ord. passed 3-27-1998)