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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)
HISTORIC DISTRICTS
No historic district may exist without an ordinance designating it as such. Upon compliance with the procedures contained in § 151.053, the local governing body within its jurisdiction, may adopt and from time to time amend or repeal an ordinance designating one or more historic districts.
(Ord. passed 5-4-1992)
In order for any area to be designated in an ordinance as a historic district, the Commission must find that the area 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)
The Commission shall use an inventory of buildings, structures, sites, areas, or objects of historical, prehistorical, and architectural significance in the county as a guide for the identification, assessment, and designation of historic districts. The Commission shall update the inventory from time to time.
(Ord. passed 5-4-1992; Ord. passed 4-19-2021)
A local governing body may not adopt or amend an ordinance designating a historic district, nor may the local governing body or the Commission accept any district until the steps prescribed by this section have been taken.
(A) Designation report. The Commission shall prepare or review an investigation and report describing the significance of the buildings, structure, features, sites, or surroundings included in any such proposed district, and the description of the boundaries of such district. Such report shall be referred to the local governing body or the local planning agency for its review and comment according to procedures set forth in the zoning ordinance of the corresponding jurisdiction.
(B) Review by the Department of Cultural Resources.
(1) All designation reports shall be submitted to the North Carolina Department of Cultural Resources by the Commission. 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 district.
(2) 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 Department, the Commission may recommend to the local governing body that the area be designated as a historic district.
(C) Review by other groups. The local governing body may also, in its discretion, refer the designation report and proposed boundaries to any local preservation commission or other interested body for its recommendations prior to taking action to amend the zoning ordinance.
(D) Adoption of a designation ordinance. On receipt of these reports and recommendations, the local governing body may proceed in the same manner as would otherwise be required for the adoption or amendment of any appropriate zoning ordinance provisions.
(Ord. passed 5-4-1992; Ord. passed 4-19-2021)
CERTIFICATE OF APPROPRIATENESS
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