(A) Creation.
(1) There is hereby established by authority of G.S. Chapter 160A, Article 19, Part 3C, the County Joint Historic Preservation Commission, hereafter referred to as the Historic Preservation Commission or Commission, to consist of 13 members with four appointed by the County Commissioners, three appointed by the Monroe City Council, and one appointed by the Town Councils of each of Indian Trail, Marshville, Stallings, Waxhaw, Weddington and Wingate.
(2) The Historic Preservation Commission members shall serve without monetary compensation. In establishing the Historic Preservation Commission and making appointments to it, the above-named Board and Councils may seek the advice of such state or local historical agencies, societies or organizations as it may deem necessary.
(B) Joint ordinance.
(1) Pursuant to the provisions of G.S. § 160A-400.7, the county, the City of Monroe, and the Towns of Indian Trail, Marshville, Stallings, Waxhaw, Weddington and Wingate do hereby adopt this subchapter as a joint ordinance. It is the intent of this subchapter that the county and each city or town subscribing to this subchapter shall have complete control of all historic districts or landmarks located within its incorporated municipal limits, at the present and in the future, except to the extent that any functions are specifically delegated to the Historic Preservation Commission. Any references in this subchapter to all of the subscribing parties shall be construed to be in the disjunctive rather than the conjunctive, it not being the intent of this subchapter that any governmental entity have any authority beyond its municipal limits. At the present time, the City of Monroe, and the Towns of Stallings, Waxhaw and Weddington exercise zoning jurisdiction independent of the county. The Towns of Indian Trail, Marshville and Wingate do not exercise independent zoning jurisdiction, with all zoning matters within those towns being administered by the county. To the extent that this subchapter requires acts to be performed incident to a zoning ordinance, the county shall perform those functions on behalf of Indian Trail, Marshville and Wingate, until such time as those towns shall adopt their own zoning ordinances. It is the intent of this subchapter that upon the adoption of zoning ordinances by Indian Trail, Marshville and Wingate that those towns would assume full authority as to all acts required under this subchapter.
(2) To the extent that any prior ordinances adopted by any governmental entity is inconsistent with this subchapter, then such prior ordinances are hereby repealed.
(C) Representation. All members of the Historic Preservation Commission shall be residents of the county and each shall reside within the jurisdiction of the Board or Council appointing them representative. A majority of the members shall have demonstrated special interest, experience or education in history, architecture, archaeology or related fields.
(D) Tenure. Members of the Historic Preservation Commission shall serve overlapping terms of four years. Initially, two appointees by the county, and one appointee each from Monroe, Indian Trail, Marshville and Stallings shall be for two years. Thereafter, all appointments shall be for a term of four years. A member may be reappointed for a second consecutive term, but after two consecutive terms a member shall be ineligible for reappointment until one calendar year has elapsed from the date of the termination of his or her second term. Appointments to any vacancy shall be for the remainder of the term of the vacant position for which the appointment is made. For purposes of reappointment to the Historic Preservation Commission, an initial two-year term, or serving the balance of an unexpired term of two years or less shall not be considered to be one of the two consecutive terms, and such person would be eligible to serve two consecutive full terms in addition to the partial term.
(E) Attendance of meetings. Any member of the Historic Preservation Commission who misses more than three consecutive regular meetings or one-half the regular meetings in a calendar year without excuse granted by the Historic Preservation Commission shall lose his or her status as a member of the Historic Preservation Commission and shall be replaced or reappointed by the appropriate governing Board or Council to divisions (A) and (C) above.
(F) Meetings. The Historic Preservation Commission shall hold meetings regularly at least once each quarter, and more often as it shall determine and require. All meetings shall be held in accordance with the North Carolina Open Meetings Law, G.S. Chapter 143, Article 33C. Reasonable notice of the time and place thereof shall be given to the public.
(G) Rules of procedure. The Historic Preservation Commission shall adopt rules of procedure for the conduct of its business, and an annual written report shall be prepared and submitted to the County Board of Commissioners, the Monroe City Council, and the Town Councils of Indian Trail, Marshville, Stallings, Waxhaw, Weddington and Wingate. Such report shall include a comprehensive and detailed review of the activities, problems and actions of the Historic Preservation Commission as well as any budget requests or recommendations. The Historic Preservation Commission shall keep a record of its members’ attendance, and of its resolutions, findings and recommendations, which record shall be a public record.
(H) Quorum and vote required for recommendation. Seven members of the Historic Preservation Commission shall constitute a quorum. The concurrence of at least a majority of those members present will be required before any recommendation or action is made on any matter considered.
(I) Private interest of members. No member of the Historic Preservation Commission may discuss, advocate or vote on any matter in which he or she has a separate, private or monetary interest, either direct or indirect, and no member may discuss before a governing Board or Council any matter which has been, is, or will be considered by the Historic Preservation Commission on which he or she serves, and in which he or she has a separate, private or monetary interest, either direct or indirect. Any member who violates this provision may be subject to removal from the Historic Preservation Commission.
(J) Commission powers. The Historic Preservation 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 subchapter:
(1) Undertake an inventory of properties of historical, prehistorical, architectural and/or cultural significance;
(2) Recommend to the County Board of Commissioners, the Monroe City Councils, and the Town Councils of Indian Trail, Marshville, Stallings, Waxhaw, Weddington and Wingate, 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 the same, and to exchange or dispose of the property 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;
(4) Restore, preserve and operate historic properties;
(5) Recommend to the Board or Council 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 with respect to historic properties and districts within its jurisdiction;
(7) Cooperate with the state, federal and local governments in pursuance of the purposes of this subchapter. The Historic Preservation Commission when authorized by the local governing Board and Councils 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 Historic Preservation 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 comprehensive plan of the county, the City of Monroe, and the Towns of Indian Trail, Marshville, Stallings, Waxhaw, Weddington and Wingate;
(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 subchapter;
(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) Accept funds granted to the Historic Preservation Commission for preservation purposes from private individuals and organizations;
(13) Organize itself and conduct its business; and
(14) Any other powers as allowed by law.
(Ord. passed 12-21-1992)