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)