(A) Adoption of an ordinance of designation of landmarks.
(1) Upon complying with the landmark designation procedures as set forth in this subchapter, the County Board of Commissioners, the Monroe City Council, or the Indian Trail, Marshville, Stallings, Waxhaw, Weddington or Wingate Town Councils may adopt and from time to time amend or repeal an ordinance designating one or more historic landmarks. No property shall be recommended for designation as a landmark unless it is deemed and found by the Historic Preservation Commission to be of special significance in terms of its historical, prehistorical, architectural or cultural importance and to possess integrity of design, setting, workmanship, materials, feeling and/or association.
(2) The ordinance shall describe each property designated in the ordinance, the name or names of the owner or owners of the property, those elements of the property that are integral to its historical, architectural or prehistorical value, including the land areas of the property so designated and any other information the governing board deems necessary. For each building, structure, site, area or object so designated as a historic landmark, the ordinance shall require that the waiting period set forth in G.S. Part 3C be observed prior to its demolition. For each designated landmark, the ordinance may also provide for a suitable sign on the property indicating that the property has been so designated. If the owner consents, the sign shall be placed upon the property. If an owner objects, the sign shall be placed on a nearby public right-of-way.
(B) Inventory of landmarks. As a guide for the identification and evaluation of landmarks, the Historic Preservation Commission shall undertake at the earliest possible time and consistent with the resources available to it an inventory of properties of historical, architectural, prehistorical and cultural significance within its jurisdiction. Such inventories and any additions or revisions thereof shall be submitted as expeditiously as possible to the Division of Archives and History.
(C) Required procedures. No ordinance designating a historic building, structure, site, area or object as a landmark nor any amendment thereto may be adopted, nor may any property be accepted or acquired by the Historic Preservation Commission or the County Board of Commissioners, the Monroe City Council, or the Indian Trail, Marshville, Stallings, Waxhaw, Weddington or Town Councils until all of the following procedural steps have been taken.
(1) The Historic Preservation Commission shall prepare and adopt rules of procedure and principles and guidelines for altering, restoring, moving or demolishing properties designated as landmarks.
(2) The Historic Preservation Commission shall make or cause to be made an investigation and report on the historic, architectural, prehistorical, educational or cultural significance of each building, structure, site, area or object proposed for designation or acquisition. The investigation and report shall be forwarded to the Division of Archives and History, North Carolina Department of Cultural Resources.
(3) The Department of Cultural Resources, acting through the State Historic Preservation Officer, shall either upon request of the department or at the initiative of the Historic Preservation Commission be given an opportunity to review and comment upon the substance and effect of the designation of any landmark. Comments shall be provided in writing within 30 days following receipt by the Department of the investigation and report. The County Board of Commissioners, the Monroe City Council, or the Indian Trail, Marshville, Stallings, Waxhaw, Weddington or Wingate Town Councils shall be relieved of any responsibility to consider Department comments if such comments are not received within 30 days.
(4) The owner of the property proposed to be designated as a “landmark” shall have filed an application with the Historic Preservation Commission requesting that the property be designated as a landmark.
(5) The Historic Preservation Commission and the local Board or Council shall hold a joint public hearing or separate public hearings on the proposed ordinance. Notice of the time, place and purpose of the public hearing shall be mailed to all adjoining property owners (including the owners of properties located across any street or road from the property proposed to be a “landmark”) at least two weeks prior to the hearing, by first class mail. Notice of the public hearing shall be published in a newspaper having general circulation in the area once a week for two successive weeks, the first notice to be published not less than ten days nor more than 25 days prior to the date established for the hearing. In computing such time, the date of publication is not to be included, but the date of the hearing shall be included.
(6) Following the public hearing, the local board or council may adopt the ordinance as proposed, adopt the ordinance with any amendments it deems necessary, or reject the proposed ordinance.
(7) Upon adoption of the ordinance, the owners and occupants of each designated landmark shall be given written notification of such designation insofar as reasonable diligence permits. One copy of the ordinance and all amendments thereto shall be filed by the Historic Preservation Commission in the office of the Register of Deeds for the county. Each designated landmark 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. The Historic Preservation Commission shall pay a reasonable fee for filing and indexing. In case of any property lying in the county, a second copy of the ordinance and all amendments thereto shall be kept on file in the office of the County Clerk and shall be available for public inspection at any reasonable time. In case of any property lying within the cities or municipalities of Monroe, Indian Trail, Marshville, Stallings, Waxhaw, Weddington or Wingate, a second copy of the ordinance and each amendment thereto shall be kept on file in the Office of the City or Town Clerk, and be made available for public inspection at any reasonable time. A third copy of the ordinance and all amendments thereto shall be given to the County Building Inspector. The fact that a building, structure, site, area or building has been designated a landmark shall be clearly indicated on all tax maps maintained by the county for such time as the designation remains in effect.
(8) Upon the adoption of the landmarks ordinance or any amendment thereto, it shall be the duty of the Historic Preservation Commission to give notice thereof to the tax supervisor of the county. The designation and any recorded restrictions upon the property limiting its use for preservation purposes shall be considered by the tax supervisor in appraising it for tax purposes.
(Ord. passed 12-21-1992)