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CERTIFICATE OF APPROPRIATENESS
§ 151.065 REQUIRED.
   (A)   From and after the designation of a historic landmark or district, no exterior portion of any building or other structure (including masonry walls, fences, light fixtures, steps and pavement, or other appurtenant features), nor above-ground utility structure nor any type of outdoor advertising sign shall be erected, altered, restored, moved, or demolished on such landmark or within such district until after an application for a Certificate of Appropriateness as to exterior features has been submitted to and approved by the Commission. In adopting an ordinance establishing a historic district, the local governing body shall provide that no building permit or other permit granted for the purposes of constructing, altering, moving, or demolishing structures shall be issued unless the Commission has first issued a Certificate of Appropriateness authorizing the construction, alteration, moving, or demolition. Any building permit or such other permit not issued in conformity with this section shall be invalid. In approving a Certificate of Appropriateness, the Commission may attach reasonable conditions necessary to carry out the purposes of this chapter. A Certificate of Appropriateness shall be required whether or not a building permit is required.
   (B)   For purposes of this chapter, “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 or other structure, and the type and style of all windows, doors, light fixtures, signs, and other appurtenant fixtures. In the case of outdoor advertising signs, “exterior features” shall mean the style, material, size, and location of all such signs. In adopting an ordinance establishing a historic district, the local governing body may provide that “exterior features” also include historic signs, color, and significant landscape, archaeological, and natural features of the area. The Commission shall take no action under this section except to prevent the construction, reconstruction, alteration, restoration, moving, or demolition of buildings, structures, appurtenant fixtures, outdoor advertising signs, or other significant features which would be incongruous with the special character of the landmark or district.
(Ord. passed 5-4-1992)
§ 151.066 PRINCIPLES AND STANDARDS.
   Prior to the designation of any historic landmark or district, the Commission shall prepare and adopt principles and standards, not inconsistent with G.S. 160D-947 for altering, restoring, moving, or demolishing of property designated as historic. It is the intention of these guidelines to ensure, insofar as possible, that changes in designated landmarks or properties located within designated districts shall be in harmony with the reasons for designation.
(Ord. passed 5-4-1992; Ord. passed 4-19-2021)
§ 151.067 LIMITATIONS ON INTERIOR REVIEW.
   Notwithstanding this chapter, jurisdiction of the Commission over interior spaces shall be limited to specific interior features of architectural, artistic, or historical significance in publicly-owned landmarks, and of privately-owned historic landmarks for which consent for interior review has been given by the owner. If an owner's consent for interior review has been filed in the office of the Wake County Register of Deeds and indexed according to the name of the owner of the property in the grantee and grantor indexes, such consent shall bind future owners and/or successors in title. The ordinance establishing the historic designation shall specify the interior features to be reviewed and the specific nature of the Commission's jurisdiction over those features.
(Ord. passed 5-4-1992)
§ 151.068 CERTAIN CHANGES NOT PROHIBITED.
   Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of a historic landmark or property located within a district that does not involve a change in design, material, or outer appearance thereof. Nor shall this chapter be construed to prevent the construction, reconstruction, alteration, restoration, moving, or demolition of any such feature when a building inspector or similar official certifies to the Commission that such action is required for the public safety because of an unsafe or dangerous condition. Nothing herein shall be construed to prevent a property owner from making any use of his property not prohibited by other statutes, ordinances, or regulations. Nothing in this chapter shall be construed to prevent the maintenance of or, in the event of an emergency, immediate restoration of any existing above-ground utility structure without approval by the Commission.
(Ord. passed 5-4-1992)
§ 151.069 ADMINISTRATIVE APPROVAL FOR MINOR WORKS ALLOWED.
   (A)   The Commission staff may issue a Certificate of Appropriateness for minor works, as listed in the Commission's Rules of Procedure. Minor works shall include and are defined as those exterior changes that do not involve substantial alterations, additions, or removals that could impair the integrity of the property and/or district as a whole.
   (B)   No application for a minor works Certificate of Appropriateness may be denied without formal action by the Commission.
(Ord. passed 5-4-1992)
§ 151.070 DELAY IN DEMOLITION OF DESIGNATED PROPERTIES.
   (A)   Except as provided below, the Commission may not deny an application for a Certificate of Appropriateness authorizing the demolition of a designated historic landmark or property located within a district. However, the Commission may delay the effective date of such a certificate for a period of up to 365 days from the date of approval. The Commission may reduce the period of delay 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 Commission may negotiate with the owner and with any other parties in an effort to find a means of preserving the property, as provided in section § 151.019 (Q).
   (B)   The Commission may deny an application for a Certificate of Appropriateness authorizing the demolition or destruction of a building, site, or structure determined by the State Historic Preservation Office to have statewide significance, as defined in the criteria of the National Register of Historic Places, unless the Commission finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return by virtue of the denial.
   (C)   If the Commission has voted to recommend designation of a property as a landmark or designation of an area as a district, and final designation has not been made by the local governing body, the demolition or destruction of any building, site, or structure located on the property of the proposed landmark or in the proposed district may be delayed by the Commission for a period of up to 180 days or until the local governing body takes action on the designation, whichever occurs first. Should the governing body approve the designation prior to the expiration of the 180 day delay period, an application for a Certificate of Appropriateness for demolition must then be filed; however, the maximum delay period of 365 days shall be reduced by the period of delay while the designation was pending.
(Ord. passed 5-4-1992; Ord. O-93-19, passed 9-20-1993)
§ 151.071 DEMOLITION BY NEGLECT.
   Demolition by neglect of any designated historic landmark or property located within a district shall constitute a violation of this chapter. The local governing body may take appropriate actions to prevent demolition by neglect, provided such actions include appropriate safeguards to protect the property owner from undue economic hardship.
(Ord. passed 5-4-1992)
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