A. Appointments and Terms of Historic District Commission.
1. Generally. The purpose of the Historic District Commission (HDC) is to identify, protect, and preserve Monroe’s historic architectural resources and to educate the public upon those resources and historic preservation.
a. The HDC serves as an advisory board to the CC and as a quasi-judicial body, which makes decisions on proposals for exterior changes to or demolition of any properties as well as new construction within Historic Districts.
b. The HDC consists of seven (7) regular members appointed by the CC.
2. Member Terms. Members of the HDC shall serve terms of four (4) years. A member may be reappointed for a second consecutive term, but after two (2) consecutive terms a member shall be ineligible for reappointment until one (1) calendar year has elapsed from the date of the termination of their second term.
3. Qualifications. All members of the HDC shall be residents of the territorial zoning jurisdiction of the city, and a majority of the members shall have demonstrated special interest, experience or education in history or architecture.
B. Rules of Procedure.
1. Generally. The HDC shall adopt rules for the transaction of its business and shall keep a record of its members’ attendance and its resolutions, discussions, findings and recommendations, which record shall be public record.
2. Meetings. The HDC shall adopt a regular meeting schedule. In addition, the HDC may hold such special meetings as the conduct of its business may require. All meetings and hearings shall be open to the public.
3. Quorum. No official business of the HDC may be conducted without a quorum present.
4. Participating and Voting. The majority of the HDC board shall be necessary on all decisions.
a. For the purposes of this subsection, vacant positions on the board and members who are disqualified from voting on a quasi-judicial matter shall not be considered members of the board for calculation of the requisite majority. Once a member is physically present at a HDC meeting, any subsequent failure to vote will be recorded as an affirmative vote unless the member has recused himself or herself, or been excused in accordance with the paragraph below.
b. A member shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons’ constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter. For purposes of this section, a “close familial relationship” means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships. In addition, a member who was not present at the hearing at which evidence relevant to the matter at issue was taken shall not vote on the matter.
5. Attendance. Any member of the HDC who misses more than three (3) consecutive meetings, or more than half the regular meetings in a calendar year shall be subject to removal and replacement by the CC.
6. Annual Report. An annual report shall be prepared and submitted by June 30 of each year to the CC. The annual report shall include a comprehensive and detailed review of the activities, problems and action of the HDC, as well as any budget requests and/or recommendations.
7. Minutes. The HDC shall keep permanent minutes of all its meetings. The minutes shall record attendance of its members and its resolutions, findings, recommendations, and actions. The minutes of the commission shall be a public record.
C. Powers and Duties. The Historic District Commission is authorized and empowered to undertake such actions reasonably necessary to the discharge and conduct of its duties and responsibilities.
1. To recommend to the PB, districts or areas to be designated by ordinance as “historic districts.”
2. To recommend to the PB that designation of any district or area as a historic district be revoked or removed.
3. To consider and approve or deny applications for Certificates of Appropriateness CCA) for major work.
4. To give advice to property owners concerning the treatment of the historical and visual characteristics of their properties located within a district, such as color schemes, gardens and landscape features, and minor decorative elements.
5. To propose to the CC changes to this subchapter or any related ordinance and to propose new ordinances or laws relating to a historic district or relating to the total program for the development of the historical resources of the city and its environs.
6. To cooperate with other city boards or commissions or other governmental units; to offer or request assistance, aid, guidance or advice concerning matters under its purview of mutual interest.
7. To publish information about, or otherwise inform the owners of properties within a district of any matters pertinent to its duties, organization, procedures, responsibilities, functions or requirements.
8. To undertake programs of information, research or analysis relating to any matters under its purview.
9. To report violations of this subchapter or related ordinances to the local official responsible for enforcement.
10. To assist city staff in obtaining the services of private consultants to aid in carrying out programs of research or analysis.
11. To recommend to the CC and the state districts worthy of national, state or local recognition.
12. To initiate and participate in negotiations with owners and other parties in an effort to find means of preserving buildings scheduled for demolition.
13. To establish guidelines under which the Director may approve certificates of appropriateness for minor work. No application shall be denied without first being considered by the commission.
14. To conduct hearings on applications for certificates of appropriateness.
15. To organize itself and conduct its business by whatever legal means it deems proper.
16. To exercise such other powers and perform such other duties as are required elsewhere by this subchapter, the General Statutes of North Carolina or the CC.