A. Certificate of Appropriateness (Major Work) (COA).
1. Generally.
a. Applicability. In compliance with G.S. § 160D-947, after the designation of a landmark or a historic district, no exterior portion of any building or other structure, above-ground utility structures, or outdoor advertising sign shall be erected, altered, restored, moved or demolished until after an application for a Certificate of Appropriateness (COA) has been approved by the Historic District Commission (HDC) in compliance with the most recently adopted Historic District Design standards. A COA is required to be issued by the HDC prior the issuance of a building permit or other permit granted for the purposes of constructing, altering, moving or demolishing structures. A COA shall be required whether or not a building or other permit is requested. The City and all public utility companies shall be required to obtain a COA prior to initiating any changes in the character of street paving, sidewalks, trees, utility installations, lighting, walls, fences, structures and building on property, easements, or streets owned or franchised by the City or public utility companies.
b. Exterior Features. For purposes of this ordinance, “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 features. In the case of outdoor advertising signs, “exterior features” shall mean the style, material, size and location of all such signs.
2. Limitation on Jurisdiction Over Interior Spaces. The HDC shall have no jurisdiction over interior arrangement and spaces.
3. Review Process For Major Works Certificate of Appropriateness.
a. Application for COA. An application for a COA shall be obtained from the Planning and Development Department, and when completed, filed with the Planning and Development Department.
b. Contents of an Application for COA. The application for a COA shall contain supporting details that is necessary to determine compliance with this Section and the Historic District Design standards. An application for a COA shall not be considered complete until all required supporting details have been submitted. An application for a COA shall demonstrate complete compliance with the Historic District Design standards.
c. Hearing Applications of COA. Applications shall be reviewed and acted upon within a reasonable time, not to exceed 180 days from the date the application is filed.
d. Notification of Affected Property Owners. Upon receipt of an application for a COA, adjoining property owners (within 150 feet of the subject property) are notified of the date, time, and location of the HDC meeting and general nature of the request. Notice to property owners shall include all adjoining property owners and the owners of properties located across any roadway from the affected property. The owners shall be given an opportunity to be heard.
e. Public Hearing. When an application for a Certificate of Appropriateness is presented to the HDC, a quasi-judicial evidentiary hearing shall be held.
f. Action On An Application For A Certificate of Appropriateness. The action on an application for a COA shall be approval, approval with modification, or denial by the HDC. Prior to any final action on an application, the review criteria in § 152.058 shall be used to make findings of fact indicating the extent to which the application for a COA is or is not congruous with the historic aspects of the district or landmark. As part of its review procedure, the HDC may view the premises and seek the advice of the Department of Cultural Resources or other such experts as it may deem necessary under the circumstances.
g. Review Criteria for Certificates of Appropriateness. When considering a COA, the HDC shall take into account compliance with the Monroe Historic District Design standards, architectural significance of the structure, as well as the effect of such change or additions upon other structures in the vicinity. In a historic district, it is not the intention of these criteria or the standards to require the reconstruction or restoration of individual or original buildings or prohibit the demolition or removal of same or to impose architectural styles from particular historic period. In considering new construction in a historic district, the HDC shall encourage contemporary design which is harmonious with the character of the district. The following criteria shall be considered, when relevant, along with companion design standards and the standards of the Secretary of the Interior in reviewing for a Certificate of Appropriateness.
i. Lot coverage, defined as the percentage of lot area covered by primary structures;
ii. Setback, defined as the distance from the lot lines the building;
iii. Building height;
iv. Spacing of buildings, defined as the distance between adjacent buildings;
v. Building materials;
vi. Proportion, shape, positioning, location, pattern and sizes of any elements of fenestration;
vii. Surface textures;
viii. Roof shapes, form and materials;
ix. Use of local or regional architectural traditions;
x. General form and proportions of buildings and structures, and relationship of any additions to the main structure
xi. Expression of architectural detailing, such as lintels, cornices, brick bond, and decorative elements;
xii. Orientation of the building to the street;
xiii. Scale, determined by the size of the units of construction and architectural details in relation to the human scale and also by the relationship of the building mass to adjoining open space and nearby buildings and structures;
xiv. Proportion of width to height of the total building facade;
xv. Archaeological sites and resources associated with standing structures;
xvi. Major landscaping efforts that would impact known archaeological sites;
xvii. Appurtenant features and other features such as lighting; and
xviii. Structural condition and soundness.
4. Certain Changes Not Prohibited. Nothing in this UDO shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of a historic landmark or in a historic district which does not involve a change in design, materials, or outer appearance. Nothing herein shall be construed to prevent a property owner from making any use of this property that is not prohibited by other statutes, ordinances, or regulations. Nothing in this ordinance shall be construed to prevent the maintenance or in the event of an emergency, the immediate restoration of any existing aboveground utility structure without approval by the HDC.
5. Variances. Structures within a historic district shall conform to the district development standards defined for each zoning district in this UDO, except when a variance is granted by the BOA in compliance with Section 3.4.10 of this UDO.
6. Appeals. Pursuant to G.S. § 160D-947(e), appeals to a decision of the HDC must be heard by the BOA. Any appeal from the BOA’s decision shall be heard by the Superior Court of Union County.
7. Submission of New Applications. If a COA is denied, anew application affecting the same property may not be submitted within one (1) year from the date of denial if the plans are substantially the same. If substantial change is made in plans for the proposed construction, reconstruction, alteration, restoration or moving, a new application may be submitted.
8. Delay of Effective Date. An application for a COA authorizing the demolition of a building or structure within a district may not be denied. However, the effective date of such a certificate may be delayed for a period of up to 365 days from the date of approval. The maximum period of delay authorized by this Section shall be reduced by the HDC where it finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use of or return from such property by virtue of the delay. During such period the HDC may negotiate with the owner and with any other parties in an effort to find a means of preserving the building. If the HDC finds that the building has no particular significance or value toward maintaining the character of a district, it shall waive all or part of such period and authorize earlier demolition of removal.
9. Expiration. A COA shall expire twelve (12) months after the date of issuance if the work authorized by the COA has not been commenced. If after commencement the work is intentionally and voluntarily discontinued or a period of twenty-four (24) months or more, the permit therefor shall immediately expire. No work authorized by any COA which has expired shall thereafter be performed until a new COA has been secured.