(A) Certificate of appropriateness.
(1) From and after the designation of a landmark or a historic district, no exterior portion of any building or other structure (including masonry walls, fences, light fixtures, steps and pavement, or other appurtenant features), nor any 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. Such a certificate is required to be issued by the Commission prior to the issuance of a building permit or other permit granted for the purposes of constructing, altering, moving or demolishing structures, which certificate may be issued subject to reasonable conditions necessary to carry out the purposes of this subchapter. A certificate of appropriateness shall be required whether or not a building or other permit is required.
(2) For purposes of this subchapter, 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, and the type and style of all windows, doors, light fixtures, signs and other appurtenant features. In the case of outdoor advertising signs, EXTERIOR FEATURES shall be construed to mean the style, material, size and location of all such signs. Such “exterior features” may, in the discretion of the County Board of Commissioners, the Monroe City Council, or the Indian Trail, Marshville, Stallings, Waxhaw, Weddington or Wingate Town Councils include historic signs, color and significant landscape, archaeological and natural features of the area.
(3) Except as provided in division (B) below, the Historic Preservation Commission shall have no jurisdiction over interior arrangement and shall take no action under this section, except to prevent the construction, reconstruction, alteration, restoration, moving or demolition of buildings, structures, appurtenant features, outdoor advertising signs or other significant features in the district or of the landmark which would be incongruous with the special character of the landmark or district.
(B) Limitation on jurisdiction over interior spaces. Notwithstanding division (A) above, the jurisdiction of the Historic Preservation 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. Said consent of any owner for interior review shall bind future owners and/or successors in title, provided such consent has been filed in the office of the Register of Deeds of the county and indexed according to the name of the owner of the property in the grantee and grantor indexes. The landmark designation shall specify the interior features to be reviewed and the specific nature of the Historic Preservation Commission’s jurisdiction over the interior.
(C) Application for certificate of appropriateness. An application for a certificate of appropriateness shall be obtained from the Historic Preservation Commission, and when completed, filed with the Historic Preservation Commission.
(D) Contents of an application for certificate of appropriateness. The application for a certificate of appropriateness shall, in accordance with the Historic Preservation Commission’s rules of procedure, contain data that is reasonably necessary to determine the nature of the application. An application for a certificate of appropriateness shall not be considered complete until all required data has been submitted.
(E) Time for hearing applications of certificate of appropriateness. Applications shall be considered by the Historic Preservation Commission at its next regular meeting, provided they have been filed, complete in form and content, at least 30 calendar days before the regularly scheduled meeting of the Commission. Otherwise, they shall be deferred until the next meeting or considered at a special called meeting of the Commission. Nothing shall prevent the applicant from filing with the application additional relevant information bearing on the application.
(F) Notification by Historic Preservation Commission of Affected Property Owners. Upon receipt of an application for a certificate of appropriateness, the Historic Preservation Commission shall notify the owners of any property likely to be materially affected by the application, in writing at least ten days before the regularly scheduled meeting at which the application is to be heard. Notice to property owners likely to be materially affected by the application shall include all adjoining property owners and the owners of properties located across any roadway from the affected property. Such owners shall be given an opportunity to be heard.
(G) Public hearing. When an application for a certificate of appropriateness is presented to the Historic Preservation Commission a public hearing shall be held. All meetings of the commission shall be open to the public in accordance with the North Carolina Open Meetings Law, G.S. Chapter 143, Article 33C.
(H) Action on an application for a certificate of appropriateness.
(1) The action on an application for a certificate of appropriateness shall be approval, approval with modification or denial.
(2) Prior to any final action on an application the review criteria in division (I) below shall be used to make findings of fact indicating the extent to which the application for a certificate of appropriateness is or is not congruous with the historic aspects of the district or landmark.
(3) All applications for certificates of appropriateness shall be reviewed and acted upon within a reasonable time as defined by the rules of procedure, and not exceeding 60 days from the date the application is filed. As part of its review procedure the commission may view the premises and seek the advice of the Department of Cultural Resources or other such experts as it may deem necessary under the circumstances.
(I) Review criteria for certificates of appropriateness.
(1) It is the intent of these criteria, and the design guidelines, to insure, insofar as possible, that changes to a designated landmark (or structures in a historic district) shall be in harmony with the reasons for designation.
(2) When considering a certificate of appropriateness the Historic Preservation Commission shall take into account the historic or architectural significance of the structure under consideration and the exterior form and appearance of any proposed additions or modifications to that structure, as well as the effect of such change or additions upon other structures in the vicinity. In a historic district it is not the intention of these criteria or the guidelines to require the reconstruction or restoration of individual or original buildings or prohibit the demolition or removal of same or to impose architectural styles from particular historic period. In considering new construction in a historic district the Historic Preservation Commission shall encourage contemporary design which is harmonious with the character of the district.
(3) The following criteria shall be considered, when relevant, along with companion design guidelines and the guidelines of the Secretary of the Interior in reviewing for a certificate of appropriateness:
(a) Lot coverage, defined as the percentage of lot area covered by primary structures;
(b) Setback, defined as the distance from the lot lines to the building(s);
(c) Building height;
(d) Spacing of buildings, defined as the distance between adjacent buildings;
(e) Building materials;
(f) Proportion, shape, positioning, location, pattern and sizes of any elements of fenestration;
(g) Surface textures;
(h) Roof shapes, form and materials;
(i) Use of local or regional architectural traditions;
(j) General form and proportions of buildings and structures, and relationship of any additions to the main structure;
(k) Expression of architectural detailing, such as lintels, cornices, brick bond and decorative elements;
(l) Orientation of the building to the street;
(m) Scale, determined by the size of the units of construction and architectural details in relation to the human scale and also by the relationship of the building mass to adjoining open space and nearby buildings and structures;
(n) Proportion of width to height of the total building facade;
(o) Archaeological sites and resources associated with standing structures;
(p) Major landscaping efforts that would impact known archaeological sites;
(q) Appurtenant features and other features such as lighting; and
(r) Structural condition and soundness.
(J) Minor work. A certificate of appropriateness application when determined to involve minor work, may be reviewed and approved by an administrative official according to specific review criteria and guidelines. MINOR WORK is defined as those exterior changes that do not involve substantial alterations, additions or removals that could impair the integrity of the property (and/or the district as a whole). Such minor works shall be limited to those listed in the Commission’s rules of procedure. No application involving a minor work may be denied without the formal action of the Historic Preservation Commission.
(K) Certain changes not prohibited.
(1) Nothing in this subchapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of a historic landmark or in a historic district which does not involve a change in design, materials or outer appearance thereof, nor to prevent the construction, reconstruction, alteration, restoration or demolition of any such feature which the Building Inspector or similar official shall certify is required by 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.
(2) Nothing in this subchapter shall be construed to prevent the maintenance or in the event of an emergency, the immediate restoration of any existing above-ground utility structure without approval by the Commission.
(L) Appeals. An appeal may be taken to the appropriate Board of Adjustment from the Historic Preservation Commission’s action in granting or denying any certificate. Appeals from decisions of the Historic Preservation Commission for properties lying in the towns having no Board of Adjustments shall lie to the County Board of Adjustment. The appeals may be taken by any aggrieved party, shall be taken within times prescribed by the commission in the rules of procedure, and shall be in the nature of certiorari. Any appeal from the appropriate Board of Adjustment’s decision in any such case shall be heard by the Superior Court of the county.
(M) Submission of new applications. If a certificate of appropriateness is denied, a new application affecting the same property may be submitted only if substantial change is made in plans for the proposed construction, reconstruction, alteration, restoration or moving.
(Ord. passed 12-21-1992)