(A) Adoption of an ordinance of designation of an Historic District. Upon compliance with the procedures set out in division (C) below, the County Board of Commissioners, the Monroe City Council, or the Indian Trail, Marshville, Stallings, Waxhaw, Weddington or the Wingate Town Councils may as part of a zoning or other ordinance enacted or amended pursuant to this subchapter designate and from time to time amend one or more historic districts within the area subject to the ordinance. Such ordinance may treat historic districts either as a separate use district classification or as districts which overlay other zoning districts. Where historic districts are designated as separate use districts, the zoning ordinance may include as uses by right or as conditional or special uses those uses found by the Historical Preservation Commission to have existed during the period sought to be restored or preserved, or to be compatible with the restoration or preservation of the district.
(B) Definition of character of an Historic District. Historic Districts established pursuant to this subchapter shall consist of areas which are deemed and found by the Historic Preservation Commission to be of special significance in terms of their history, prehistory architecture and/or culture, and to possess integrity of design, setting, materials, feeling and association.
(C) Required procedures.
(1) No historic district or districts shall be designated until:
(a) An investigation and report describing the significance of the buildings, structures, features, sites or surroundings included in any such proposed district, and a description of the boundaries of such district has been prepared; and
(b) The Department of Cultural Resources, acting through the State Historic Preservation Officer or his or her designee, shall have made an analysis of and recommendations concerning such report and description of proposed boundaries. Failure of the department to submit its written analysis and recommendations to the governing board within 30 calendar days after a written request for such analysis has been received by the Department of Cultural Resources shall relieve the governing board of any responsibility for awaiting such analysis, and said board may at any time thereafter take any necessary action to adopt or amend its zoning ordinance.
(2) The governing board may also, in its discretion, refer the report and the proposed boundaries to any other interested body for its recommendation prior to taking action to amend the zoning ordinance. With respect to any changes in the boundaries of such district subsequent to its initial establishment, or the creation of additional districts within the jurisdiction, the investigative studies and reports required by division (C)(1)(a) above shall be prepared by the commission and shall be referred to the local planning agency for its review and comment according to procedures set forth in the zoning ordinance. Changes in the boundaries of an initial district or proposal for additional districts shall also be submitted to the Department of Cultural Resources in accordance with the provisions of division (C)(1)(b) above.
(3) On receipt of these reports and recommendations, the governing board may proceed in the same manner as would otherwise be required for the adoption or amendment of any appropriate zoning ordinance provisions.
(Ord. passed 12-21-1992)