(A) From and after the designation of a historic property, 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 the historic property until after an application for a certificate of appropriateness as to exterior features has been submitted to and approved by the Historic Preservation Commission. The county shall require such a certificate to be issued by the Commission prior to the issuance of a building permit or other permit granted for the purposes of constructing, altering, moving, or demolishing structures, which certificate may be issued subject to reasonable conditions necessary to carry out the purposes of this section. A certificate of appropriateness shall be required whether or not a building or other permit is required.
(1) For 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 the signs. The EXTERIOR FEATURES may, in the discretion of the local governing board, include historic signs, color, and significant landscape, archaeological, and natural features of the area.
(2) Except as provided in division (B) below, the Commission shall have no jurisdiction over interior arrangement and shall take no action under this section except to prevent the construction, reconstruction, alteration, restoration, moving, or demolition of buildings, structures, appurtenant fixtures, or outdoor advertising signs which would be incongruous with the special character of the historic property.
(B) Interior spaces. Notwithstanding division (A) above, 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 historic landmarks for which consent for interior review has been given by the owner. 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 office of the Register of Deeds of the county in which the property is located and indexed according to the name of the owner of the property in the grantee and grantor indexes. The landmark designation shall specify the interior features to be reviewed and the specific nature of the Commission’s jurisdiction over the interior.
(C) Rules and standards. Prior to any action to enforce this chapter, the Commission shall prepare and adopt rules of procedure, and may prepare and adopt principles and guidelines not inconsistent with this section for new construction, alterations, additions, moving, and demolition. Prior to issuance or denial of a certificate of appropriateness, the Commission shall take any steps as may be reasonably required in this chapter and/or rules of procedure to inform the owners of any property likely to be materially affected by the application, and shall give the applicant and the owners an opportunity to be heard. In cases where the Commission deems it necessary, it may hold a public hearing concerning the application. All meetings of the Commission shall be open to the public, in accordance with G.S. Chapter 143, Article 33C.
(D) Time for review. All applications for certificates of appropriateness shall be reviewed and acted upon within a reasonable time, not to exceed 180 days from the date the application for a certificate of appropriateness is filed, as defined by this chapter or the Commission’s rules of procedure. As part of its review procedure, the Commission may view the premises and seek the advice of the Division of Archives and History or any other expert advice as it may deem necessary under the circumstances.
(E) Appeals.
(1) Appeals of administrative decisions allowed by regulation may be made to the Commission.
(2) All decisions of the Commission in granting or denying a Certificate of Appropriateness may be appealed to the Board of Adjustment in the nature of certiorari within times prescribed for appeals of administrative decisions in G.S. § 160D-405(d). To the extent applicable, the provisions of G.S. § 160D-1402 apply to appeals in the nature of certiorari to the Board of Adjustment.
(3) Appeals from the Board of Adjustment may be made pursuant to G.S. § 160D-1402.
(4) Petitions for judicial review shall be taken within times prescribed for appeal of quasi-judicial decisions in G.S. § 160D-1405. Appeals in any such case shall be heard by the Lincoln County Superior Court.
(F) Public buildings. All of the provisions of this section are hereby made applicable to construction, alteration, moving, and demolition by the state, its political subdivisions, agencies, and instrumentalities, provided, however, they shall not apply to interiors of buildings or structures owned by the state. The state and its agencies shall have a right of appeal to the State Historical Commission or any successor agency assuming its responsibilities under G.S. § 121-12(a) from any decision of a local Historic Preservation Commission. The Commission shall render its decision within 30 days from the date that the notice of appeal by the state is received by it. The current edition of the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings shall be the sole principles and guidelines used in reviewing applications of the state for certificates of appropriateness. The decision of the Commission shall be final and binding upon both the state and the Historic Preservation Commission.
(Ord. passed 9-8-1992; Ord. passed 3-21-2022)