(A) Purpose. The historical heritage of our town is one of our most valued and important assets. The conservation and preservation of historic districts and landmarks stabilize and increase property values in their areas and strengthen the overall economy of the town. The purpose of establishing local historic districts and landmarks is to encourage the restoration, preservation, rehabilitation and conservation of historically, architecturally, and archaeologically significant areas, structures, buildings, sites, objects and their surroundings; and to review new construction design to ensure compatibility with the character of the district; and to safeguard against any potentially adverse influences which may cause the decline, decay, or total destruction of these important assets. In addition, the preservation of historic districts and landmarks provides for the education, pleasure and enrichment of the residents of Wilkesboro and the state as a whole.
(B) Establishment and jurisdiction. Pursuant to G.S. Ch. 160D, Art. 9, Part 4, there is hereby established a commission that shall be known as the Wilkesboro Historic Preservation Commission. Its jurisdiction shall include the Town of Wilkesboro planning and development regulation jurisdiction as shown on the official zoning map. The Commission will consist of nine members appointed by the governing board and will serve without compensation.
(C) Membership and organization.
(1) Tenure. Members shall be appointed for three-year staggered terms. A member may be reappointed for additional consecutive terms. In the case of a vacancy occurring during a term, such vacancy shall be filled for the unexpired portion of such term.
(2) Qualifications. A majority of the members of the Commission shall have demonstrated special interest, experience, or education in history, architecture, archaeology, or related fields; and all members shall reside within the planning and development regulation jurisdiction of the Town of Wilkesboro.
(3) Meetings. The Historic Preservation Commission shall establish a meeting time, and shall meet at least monthly, unless there is not sufficient business to warrant a meeting. All meetings of the Commission are subject to the North Carolina Open Meetings Law (“Meetings of Public Bodies”, G.S. Ch. 143, Art. 33C [§§ 143-318.9 through 143-318.18], as amended).
(4) Rules of procedure. The Historic Preservation Commission shall adopt and publish Rules of Procedure to govern the conduct of its business. Commission members must take an oath of office before starting his or her duties pursuant to G.S. § 160D-309. Commission members must abide by conflicts of interest standards pursuant to G.S. § 160D-109.
(5) Meeting minutes. The Historic Preservation Commission shall keep permanent minutes of all its meetings. The minutes shall record attendance of its members, resolutions, findings, recommendations, and actions.
(6) Minor Works Committee. The Historic Preservation Committee established the Minor Works Committee to review works of a minor nature requiring a Certificate of Appropriateness. The committee consists of five members: Commission Chair, Commission Vice Chair, Commission Member, Planning & Community Development Director, and Town Planner.
(D) Commission powers. The general duties of the Historic Preservation Commission are to promote, enhance, and preserve the character of the historic overlay district and designated historic landmarks. The Commission shall exercise the following powers as part of their duties:
(1) Undertake an inventory of properties of historical, prehistorical, architectural, and/or cultural significance;
(2) Recommend to the governing board areas to be designated by ordinance as "Historic Districts" and individual structures, buildings, sites, areas, or objects to be designated by ordinance as "Landmarks";
(3) Acquire by any lawful means the fee or any lesser included interest, including options to purchase, to properties within established districts or to any such properties designated as landmarks to hold, manage, preserve, restore, and improve such properties, and to exchange or dispose of the property by public or private sale, lease or otherwise, subject to covenants or other legally binding restrictions that will secure appropriate rights of public access and promote the preservation of the property;
(4) Restore, preserve, and operate historic properties;
(5) Recommend to the governing board that designation of any area as a historic district or part thereof, or designation of any building, structure, site, area, or object as a landmark, be revoked or removed for cause;
(6) Conduct an educational program regarding historic properties and districts within its jurisdiction;
(7) Cooperate with the state, federal, and local governments in pursuance of the purposes of this section. The governing board or the commission, when authorized by the governing board, 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;
(8) Enter, solely in performance of its official duties and only at reasonable times, upon private lands for examination or survey thereof. 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;
(9) Prepare and recommend the official adoption of a preservation element as part of the local government's comprehensive plan;
(10) Review and act upon proposals for alterations, demolitions, or new construction within historic districts, or for the alteration or demolition of designated landmarks, pursuant to this section;
(11) 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 or appropriate;
(12) To publish information, or otherwise inform the owners of property within the historic districts or of designated landmarks, about matters pertinent to its duties, organization, procedures, duties, or requirements; and
(13) To exercise such other powers and perform such other duties as are required elsewhere by this section and/or state law.
(E) Establishment and amendment procedure.
(1) Requests for establishment of an historic district may be made by the governing board, the Planning Board, Planning & Community Development staff, or any interested person.
(2) All requests shall first be presented to the Historic Preservation Commission. The requests should include reference to the historical, architectural, or archaeological significance of the proposed district. The Commission will conduct a preliminary investigation to determine the eligibility of the proposed area.
(3) If the Commission determines that the proposed area is ineligible to become an historic district, the Commission shall report such determination to the entity that requested the designation. Such report shall be made within 30 days of the Commission's consideration of the request. The report may also include recommendations of if and how the request may be amended in order to make the area eligible as an historic district.
(4) If the Commission determines that a proposed area is eligible to become an historic district, it shall notify property owners within the area through first class mail that establishment of an historic district will be considered by the Commission at a specified date and time. The Commission shall hold the public informational meetings and receive questions and comments, after which they shall make refinements to any proposed boundaries.
(5) Amendment. The Commission shall prepare and submit a report to the Planning Board and the governing board. The report shall include, but not be limited to, the following information:
(a) A boundary description of the area;
(b) A map at a scale of not less than one inch represents 200 feet (1" to 200'), showing the boundaries of the proposed area; and
(c) A description of the significance of the area, including its buildings, structures, features, sites, or surroundings.
(6) Pursuant to review and comment by the governing board, the report shall be forwarded to the North Carolina Department of Natural and Cultural Resources who shall make an analysis of and recommendations concerning such report and description of proposed boundaries to the governing board. Failure of the Department to submit its written analysis and recommendations to the governing within 30 calendar days after a written request for such analysis has been received by the Department of Natural and Cultural Resources shall relieve the town of any responsibility for awaiting such analysis, and the governing board may at any time thereafter take any necessary action to adopt or amend this chapter.
(7) Once all of the previous procedural steps have been met, rezoning the proposed area to an historic district shall proceed in the same manner as would otherwise be required for a change to this chapter.
(F) Historic district overlay regulations.
(1) Permitted uses. All uses permitted in the underlying zoning district shall be permitted in the historic overlay district.
(2) Regulation of exterior features. No exterior portion of any building or other structure, nor above-ground utility structure, nor any type of on-premise sign, nor important landscape, or natural features may be erected, altered, restored, moved, or demolished within a historic overlay district until and after a certificate of appropriateness has been approved by the Historic Preservation Commission according to the requirements of division (H) of this section.
(G) Historic landmarks. Requests for designation of an historic landmark may be made by the governing board, the Planning Board, Planning & Community Development staff, or any interested person.
(1) All requests shall first be presented to the Historic Preservation Commission. The requests should include reference to the historical, architectural, or archaeological significance of the proposed landmark. The Commission will conduct a preliminary investigation to determine the eligibility of the landmark.
(2) If the Commission determines that the proposed landmark is ineligible to become an historic landmark, the Commission shall report such determination to the entity that requested the designation. Such report shall be made within 30 days of the Commission's consideration of the request. The report may also include recommendations of if and how the request may be amended in order to improve it.
(3) If the Commission determines that the proposed landmark is eligible to become an historic landmark, it shall notify property owners within the area through first class mail that designation of an historic landmark will be considered by the Commission at a specified date and time. The Commission shall hold the public informational meetings and receive questions and comments.
(4) The Commission shall prepare and submit a report to the Planning Board and the governing board. The report shall include, but not be limited to, the following information:
(a) The name and address of the current property owner;
(b) The location of the property proposed to be designated historic, including the street address and tax map and parcel numbers;
(c) The date of construction and of any later alterations, if any;
(d) 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 for designation, the report shall contain a description of those features;
(e) An assessment and historical discussion of the site or structure within its type, period, and locality;
(f) Photographs that clearly depict the property proposed for designation, including views of all façades, pertinent details and siting; and
(g) A map clearly showing the location and boundaries of the property, including any outbuildings and appurtenant features.
(5) Pursuant to review and comment by the governing board, the report shall be forwarded to the North Carolina Department of Natural and Cultural Resources who shall make an analysis of and recommendations concerning such report and description of proposed boundaries to the governing board. Failure of the Department to submit its written analysis and recommendations to the governing within 30 calendar days after a written request for such analysis has been received by the Department of Natural and Cultural Resources shall relieve the town of any responsibility for awaiting such analysis, and the governing board may at any time thereafter take any necessary action to adopt or amend this chapter.
(6) The governing board and Historic Preservation Commission shall hold a joint legislative hearing on the proposed ordinance. Notice of the hearings shall be published once a week for two successive calendar weeks in a newspaper generally circulated within the town. Written notice of the hearings shall also be mailed by the Commission to all owners and occupants of properties. All such notices shall be published or mailed not less than ten nor more than 25 days prior to the date set for the public hearing. In computing such period, the day of publication is not to be included but the day of the hearing shall be included.
(7) Upon adoption of the ordinance or any amendments thereto, the owners and occupants of each designated historic property shall be given written notification of such designation. One copy of the ordinance and each amendment thereto shall be filed by the Historic Preservation Commission in the office of the County Register of Deeds. Each historic property designated as an historic landmark in the ordinance shall be indexed according to the name of the owner of the property in the grantee and grantor indexes in the Register of Deeds office, and the Historic Preservation Commission shall pay a reasonable fee for filing and indexing. A second copy of the ordinance and of each amendment thereto shall be kept on file in the Town Clerk's office and shall be made available for public inspection at any reasonable time. A third copy of the ordinance and each amendment thereto shall be given to the Wilkes County Building Inspector.
(8) Upon adoption of the ordinance or any amendments thereto, it shall be the duty of the Historic Preservation Commission to give notice thereof to the Wilkes County tax assessor. The designation and any recorded restrictions upon the property limiting its use for preservation purposes shall be considered by the assessor in appraising it for tax purposes. The fact that a building, structure, site, area, or object has been designated an historic landmark shall be clearly indicated on all tax maps maintained by the county for such period as the designation remains in effect.
(H) Certificates of appropriateness.
(1) 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, nor important landscape and natural features may be erected, altered, restored, moved or demolished on a landmark or within the historic district until and after the property owner or his/her agent has contacted town staff to determine whether the project will require a certificate of appropriateness.
(2) The Town of Wilkesboro and all public utility companies shall be required to obtain a certificate of appropriateness for landmarks and in the historic district prior to initiating any changes in the character of street paving, sidewalks, utility installations, lighting, walls, fences, and structures on property, streets, or easements owned or franchised by the State of North Carolina, Town of Wilkesboro, or public utility companies.
(3) A certificate of appropriateness shall be issued prior to the issuance of a zoning and building permit or other permit granted for purposes of constructing, altering, moving or demolishing structures. Therefore, a certificate of appropriateness is a prerequisite to the issuance of such a zoning permit or such other permits. Any zoning permits or such other permits not issued in conformity with this section shall be invalid. A certificate of appropriateness shall be required whether or not a building or other permit is required.
(I) Maintenance and repair permitted. No certificate of appropriateness shall be required for:
(1) The routine maintenance or repair of any exterior architectural feature in an historic district or on an historic landmark that does not involve a change in design, material, or outer appearance;
(2) The Commission shall have no jurisdiction over interior arrangement and shall take no action unless it is to prevent the construction, reconstruction, alteration, restoration, moving, or demolition of buildings, structures, appurtenant features, outdoor advertising signs or other significant features which would be incongruous with the special character of a landmark or district;
(3) The construction, reconstruction, alteration, restoration, moving, or demolishing of any such feature that the building inspector or similar official shall certify to the property owner and to the Historic Preservation Commission is required by the public safety because of an unsafe condition; and
(4) The routine maintenance or repair of streets, sidewalks, pavement markings, utility lines, street signs, traffic signs, and/or replacement of streetlight fixtures in the event of equipment failure, accidental damage, or natural occurrences.
(J) Minor works. The Historic Preservation Commission may, after adoption of Design Review Standards, allow the review and approval of a certificate of appropriateness for minor works by town staff. However, no denial of a certificate of appropriateness is allowed without formal action by the Commission.
(K) Procedures to obtain a certificate of appropriateness.
(1) Applications. Applications for a certificate of appropriateness shall be submitted to the town staff no later than 15 business days prior to the next regularly scheduled meeting of the Historic Preservation Commission. Town staff is responsible for transmitting the application to the Historic Preservation Commission.
(2) Notice and hearing. Notice of evidentiary hearings shall be mailed to the person or entity whose application is the subject of the hearing; to the owner of the property that is the subject of the hearing if the owner did not initiate the hearing; to the owners of all parcels of land within 100 feet of the parcel of land that is the subject of the hearing; and to any other persons entitled to receive notice as provided by this chapter. In the absence of evidence to the contrary, the Historic Preservation Commission may rely on the county tax listing to determine owners of property entitled to mailed notice. The notice must be deposited in the mail at least ten days, but not more than 25 days, prior to the date of the hearing. Within that same time period, the Historic Preservation Commission shall also prominently post a notice of the hearing on the site that is the subject of the hearing or on an adjacent street or highway right-of-way. The Commission may continue an evidentiary hearing that has been convened without further advertisement. If an evidentiary hearing is set for a given date and a quorum of the board is not then present, the hearing shall be continued until the next regular Commission meeting without further advertisement. Prior to the issuance or denial of a certificate of appropriateness, the Historic Preservation Commission will give the applicant and other affected property owners and/or residents the opportunity to be heard.
(3) Time limit for action. The Historic Preservation Commission shall act upon the application within 60 calendar days after its filing. If the Commission fails to act upon the application within this time shall be deemed to constitute approval and a certificate of appropriateness shall be issued.
(4) Decisions. All actions of the Historic Preservation Commission shall be set forth in writing. The Historic Preservation Commission’s final action on an application for a certificate of appropriateness shall be by the passage of a motion to take one of the following actions:
(a) Approve the application for a certificate of appropriateness as proposed, and provide in writing the findings on which the decision is based;
(b) Approve the application for a certificate of appropriateness subject to specific conditions and/or modifications, providing these conditions of approval in writing; or
(c) Disapprove the application for a certificate of appropriateness as proposed, and provide in writing the findings on which the decision is based.
(L) Time limit on approval. The applicant shall have 180 days from the date the certificate of appropriateness is approved and issued to procure a building or demolition permit. Failure to procure the permit in this period will be a failure to comply with the certificate of appropriateness and it shall be void. If a building permit is not required, the work must be completed within the 180-day period. If work is commenced but discontinued for a period of 180 days or more, the certificate will be void.
(M) Reapplication after denial. If the Historic Preservation Commission determines that a certificate of appropriateness should not be issued, a new application affecting the same property may be submitted only if substantial changes are made in plans for the proposed work.
(N) Demolition.
(1) An application for a certificate of appropriateness authorizing the relocation, demolition or destruction of a designated landmark or a building, structure or site within an historic district may not be denied, except as provided in division (N)(2) of this section. 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 Commission shall reduce the maximum period of delay authorized by this section 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 shall negotiate with the owner and with any other parties in an effort to find a means of preserving the building or site.
(2) An application for a certificate of appropriateness authorizing the demolition or destruction of a building, site or structure determined by the state historic preservation officer as having statewide significance as defined in the criteria of the National Register of Historic Places may be denied except where 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.
(3) 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 governing board, 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 governing board takes final action on the designation, whichever comes first.
(4) In case any building, structure, site, area or object designated as a landmark or located within the historic district is about to be demolished whether as a result of deliberate neglect or otherwise, materially altered, remodeled, removed or destroyed, except in compliance with this section, the Commission or other party aggrieved by such action may institute any appropriate action or proceeding to prevent such unlawful action.
(O) Appeals. Any aggrieved party may take an appeal from the actions of the Historic Preservation Commission to the Zoning Board of Adjustment, whether the application was approved or denied. The appeal shall be taken within 30 calendar days after the decision of the Commission and shall be in the nature of certiorari.
(Res. 2022-23, passed 8-1-2022)