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§ 151.017 TERMS.
   Commission members shall serve overlapping terms of two years, and until their successors have been appointed. Initially, the Board of Commissioners shall appoint six members to a term of one year and appoint five members to a full term of two years. Thereafter, the Board of Commissioners shall appoint members to two-year terms. Any vacancy during the unexpired term of a member of the Commission shall be filled in accordance with county policy.
(Ord. passed 5-4-1992, Ord. O-92-23, passed 11-16-1992)
§ 151.018 RULES OF PROCEDURE.
   The Commission shall adopt rules of procedure necessary to the conduct of its affairs and in keeping with the provisions of this chapter. The rules of procedure adopted by the Commission shall at least provide for the selection of officers of the Commission, the time and place of its regular meetings and the calling of special meetings, the procedures for the conduct of public hearings, the conduct of voting, the forms to be used in applying for and issuing or denying certificates of appropriateness, and a list of minor works for which Commission staff may issue Certificates of Appropriateness.
(Ord. passed 5-4-1992)
§ 151.019 POWERS AND DUTIES.
   The Commission is authorized and empowered to undertake such actions reasonably necessary to the discharge and conduct of its duties and responsibilities as outlined in this chapter and the N.C. General Statutes, including but not limited to the following:
   (A)   Undertake an inventory of properties of historical, prehistorical, architectural, and/or cultural significance.
   (B)   Recommend to the local governing body with which the county has entered an agreement, individual buildings, structures, sites, areas, or objects within its zoning jurisdiction to be designated by ordinance as “historic landmarks,” and areas within its zoning jurisdiction to be designated by ordinance as “historic districts.”
   (C)   Recommend to the local governing body that designation of any area as a historic district or part thereof, or of any building, structure, site, area, or object as a historic landmark, be revoked or removed for cause.
   (D)   Review and act upon proposals for alteration or demolition of designated landmarks and for alteration, demolition, or new construction within historic districts, pursuant to this chapter.
   (E)   Report violations of this chapter, or other ordinances affecting historic landmarks and properties within historic districts, to the local official responsible for enforcing the ordinance.
   (F)   Act as, establish, or designate a group, body, or committee to give advice to owners of historic landmarks or property within a historic district concerning the treatment of the historical and visual characteristics of their property, such as color schemes, gardens and landscape features, minor decorative elements, and for the informal review of major additions and new construction.
   (G)   Conduct an educational program on historic landmarks and districts within the county.
   (H)   Publish information, or otherwise inform the public about any matters pertinent to its purview, duties, organization, procedures, responsibilities, functions, or requirements.
   (I)   Cooperate with state, federal and local governments in pursuing the purposes of this chapter. The local governing body or the Commission when authorized by the appropriate local governing body may contract with the state, or the United States of America, or any agency of either, or with any other organization, provided the terms are not inconsistent with state or federal law.
   (J)   Communicate with other boards or commissions in Wake County or with agencies of the county or other governmental units to offer or request assistance, aid, guidance, or advice concerning matters under its purview or of mutual interest.
   (K)   Prepare and recommend the official adoption of a historic preservation element as part of the county's comprehensive plan and a municipality's comprehensive plan, at the request of the local governing body.
   (L)   Accept funds to be used for preservation purposes that are granted to the Commission by private individuals, organizations, and local governing bodies.
   (M)   Acquire by any lawful means the fee or any lesser included interest, including options to purchase, to any historic landmarks, land to which historic buildings or structures may be moved, or properties located within historic districts; hold, manage, preserve, restore and improve the interest; and exchange or dispose of the interest by public or private sale, lease, or otherwise, subject to covenants or other legally binding restrictions which will secure appropriate rights of public access and promote the preservation of the property. All lands, buildings, structures, sites, areas, or objects acquired by funds appropriated by a local governing body shall be acquired in the name of the local government unless otherwise provided by the local governing body.
   (N)   Restore, preserve and operate such historic properties.
   (O)   Enter, at reasonable times, upon private lands and make examinations or surveys as necessary to the performance of its official duties. However, no member, employee or agent of the Commission may enter any private building or structure without the express consent of the owner or occupant thereof.
   (P)   Negotiate at any time with the owner of a building, structure, site, area or object for its acquisition or its preservation, when such action is reasonably necessary and appropriate.
   (Q)   Take steps, during the period of postponement of demolition or alteration of any historic landmark or property within a historic district, to ascertain what the local governing body can or may do to preserve such property, including consultation with private civic groups, interested private citizens, and other public boards or agencies, and including investigation of potential acquisition by the local governing body when the preservation of a given historic property is clearly in the interest of the general welfare of the community and such property is of certain historic and architectural significance.
   (R)   Propose to the local governing body changes to this or any other ordinance, and propose new ordinances or laws relating to historic landmarks and districts or relating to a total program for the protection and/or development of the historic resources of Wake County, the municipalities therein, and their environs.
   (S)   Organize itself and conduct its business, including any meetings or hearings necessary to carry out the purposes of this chapter.
(Ord. passed 5-4-1992; Ord. passed 4-19-2021)
HISTORIC LANDMARKS
§ 151.030 ADOPTION OF AN ORDINANCE OF DESIGNATION.
   Upon compliance with the procedures set out in § 151.033, the local governing body may adopt and, from time to time, amend or repeal an ordinance designating one or more historic landmarks. The ordinance shall include information which shall:
   (A)   List the name or names of the owner or owners of the property;
   (B)   Describe each property designated in the ordinance, including the approximate area of the property so designated;
   (C)   Describe those elements of the property that are integral to its historical, prehistorical, architectural, archaeological, and/or cultural significance;
   (D)   Provide for each designated historic landmark, a suitable sign or plaque indicating that the landmark has been so designated; and
   (E)   Any other information the local governing body deems necessary within the authority of this chapter and the general statutes.
(Ord. passed 5-4-1992)
§ 151.031 CRITERIA FOR DESIGNATION.
   In order for any building, structure, site, area, or object to be designated in an ordinance as a historic landmark, the Commission must find that the property is of special significance in terms of its history, prehistory, architecture and/or cultural importance, and that it possesses integrity of design, setting, workmanship, materials, feeling and/or association.
(Ord. passed 5-4-1992; Ord. passed 4-19-2021)
§ 151.032 INVENTORY.
   The Commission shall use an inventory of buildings, structures, sites, areas, or objects of historical, prehistorical, architectural, and/or cultural significance in the county as a guide to the identification, assessment, and designation of historic landmarks. The Commission shall update the inventory from time to time.
(Ord. passed 5-4-1992; Ord. passed 4-19-2021)
§ 151.033 REQUIRED PROCEDURES FOR DESIGNATION.
   A local governing body may not adopt or amend an ordinance designating a historic building, structure, site, area, or object, or acquire any landmark, until the steps prescribed by this chapter and its sections have been taken, including rules of procedure and guidelines for the altering, restoring, moving, or demolishing properties designated as historic. Designation procedures may be initiated by the Commission or at the request of a property owner.
   (A)   Designation reports. The Commission shall make, or cause to be made, an investigation and report that includes all the information contained in this section. Applications prepared by owners will be judged by the same criteria as those prepared by the Commission.
      (1)   The name of the property to be considered for designation, both common and historic names, if they can be determined;
      (2)   The name and address of the current property owner;
      (3)   The location of the property proposed to be designated historic, including the street address and Wake County tax map and parcel numbers or the parcel identification number;
      (4)   The date of construction and of any later alterations, if any;
      (5)   An assessment of the significance of the site or structure pursuant to § 151.031;
      (6)   An architectural or archaeological description of the area of the site or structure proposed to be designated. If outbuildings or other appurtenant features are proposed to be designated, the report shall contain a description of those features;
      (7)   A historical discussion of the site or structure within its type, period and locality;
      (8)   A photograph that clearly depicts the property proposed to be designated and supplementary photographs showing facades, details and siting; and
      (9)   A map showing the location of the property, including any outbuildings and appurtenant features.
   (B)    Review by the Department of Cultural Resources. A report accepted by the Commission shall be submitted to the Office of Archives and History, North Carolina Department of Cultural Resources, or its successor agency, for comments pursuant to G.S. § 160D-946, as amended from time to time. The Department of Cultural Resources or its successor agency, acting through the State Historic Preservation Officer, 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 pursuant to this chapter.
   (C)   Consideration of the report. 
      (1)   Once the designation report has been prepared, either by the Commission or by the owner, and is deemed by the Commission staff to meet the provisions of division (A) of this section, the Commission shall consider the report. The Commission may accept it, amend it, reject it, or recommend further study.
      (2)   Prior to final action on a designation report, the Commission shall indicate the extent to which the landmark meets the criteria for designation in § 151.031.
      (3)   The Commission should consider any comments received in writing from the Department of Cultural Resources or its successor agency. If the Department does not submit its written comments or recommendations in connection with any proposed designation within 30 days following receipt of the report, the Commission and the local governing body shall be relieved of any responsibility to consider such comments. After the expiration of the 30-day comment period given the Division of Archives and History, the Commission may recommend to the local governing body that the property be designated as a historic landmark.
   (D)   Submission to the governing body. The Commission shall forward its recommendation to the local governing body. The Commission shall submit a copy of the designation report, any written comments received from the Department of Cultural Resources, and, if the recommendation is for approval, a proposed ordinance of designation, to the local governing body.
   (E)   Public hearing. When a proposed ordinance of designation is submitted, the Commission and the local governing body 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.
   (F)   Adoption of a designation ordinance. Following the required public hearing, the local governing body shall consider the designation report, the Commission's recommendation, the Department of Cultural Resource's comments, and the comments made at the public hearing, and may adopt the ordinance as proposed, adopt the ordinance with amendments or reject the ordinance.
(Ord. passed 5-4-1992; Ord. passed 4-19-2021)
§ 151.034 ACTIONS SUBSEQUENT TO APPROVAL.
   Upon adoption of the ordinance:
   (A)   Commission staff shall send the owner(s) of the landmark, as identified by current tax records, written notice of such designation within 30 days of adoption of the ordinance by certified mail, return receipt requested.
   (B)   The Commission shall file one copy of the ordinance and any subsequent amendments thereto, in the office of the Register of Deeds of Wake County. The Register of Deeds shall index each historic landmark according to the name of the owner in the grantee and grantor indexes. The Commission shall pay a fee for filing and indexing.
   (C)   In the case of a landmark lying within the zoning jurisdiction of a municipality, a second copy of the ordinance shall be kept on file in the office of the municipal clerk and be made available for public inspection at any reasonable time. A copy shall also be given to the municipality's Inspections Director.
   (D)   All tax maps maintained by the county shall clearly indicate the designation of a building, structure, site, area, or object as a historic landmark for as long as the designation remains in effect.
   (E)   The Commission staff shall notify the tax assessor of Wake County of the landmark designation. The assessor shall consider the designation and any recorded restriction on the landmark in appraising it for tax purposes.
(Ord. passed 5-4-1992)
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