<div class="chunk-title">Sec. 38-141. - Required procedures.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               No ordinances designating an historic building, structure, site, area or object nor
               any amendment thereto may be adopted, nor may any property be accepted or acquired
               by the resources commission or the governing board of a city or county, until the
               following procedural steps have been taken:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               The commission shall make or cause to be made an investigation and report on the historic,
               architectural, educational, archaeological and cultural significance of each historic
               property proposed for designation or acquisition.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               The department of cultural resources, or another agent or employee of the department
               designated by the secretary, shall make an analysis of and recommendations concerning
               the report of this historic properties commission. This requirement is waived if the
               department fails to submit its analysis and recommendations to the governing board
               within 30 days after written request for the analysis has been mailed to the department
               by the clerk of the city or county governing board. This requirement is also waived
               with respect to any building, structure, site, area or object of national, state and
               local historical significance that is currently listed (as certified by the secretary
               of cultural resources) on the National Register of Historic Places established by
               the National Historic Preservation Act of 1966, Public Law 89-655, 16 USCA Section
               470a, as amended.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               The resources commission and the governing board shall hold a public hearing on the
               proposed ordinance. Notice of the hearing shall be published at least once in a newspaper
               generally circulated within the city or county in which the property or properties
               to be designated or acquired are located, and written notice of the hearing shall
               be mailed by the resources commission to all owners and occupants of properties whose
               identity and current mailing address can be ascertained by the exercise of reasonable
               diligence. All such notices shall be published or mailed not less than ten nor more
               than 20 days prior to the date set for the public hearing.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Following the joint public hearing, the governing board may adopt the ordinance as
               proposed, adopt the ordinance with any amendments it deems necessary, or reject the
               proposal.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               Upon adoption of the ordinance, the owners and occupants of each designated historic
               property shall be given written notification of such designation by the governing
               board, insofar as reasonable diligence permits. One copy of the ordinance and each
               amendment thereto shall be filed by the historic resources commission in the office
               of the register of deeds of the county in which the property or properties are located.
               Each historic property designated 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 resources commission shall pay a reasonable fee for filing
               and indexing. In the case of any property lying within the zoning jurisdiction of
               a city, 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 each amendment thereto shall
               be given to the city or county building inspector, if any. The fact that a building,
               structure, site, area or object has been designated an historic property shall be
               clearly indicated on all tax maps maintained by the county or city for such period
               as the designation remains in effect.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               Upon the adoption of the historic properties ordinance or any amendment thereto, it
               shall be the duty of the commission to give notice thereof to the tax supervisor of
               the county in which the property is located. 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.
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               From and after designation, no local historic property, nor any associated advertising
               sign, shall be materially altered, restored, moved, or demolished without issuance
               of a certificate of appropriateness indicating approval of the action or change. This
               provision applies to stone walls, fences, exterior light fixtures, steps, pavement,
               doors, and windows and any other features of the property specifically designated
               as significant to its historic or architectural character. The governing body shall
               require such a certificate to be issued by the commission prior to the issuance of
               a building permit or any other permit granted for purposes of construction or altering
               structures. A certificate of appropriateness shall be required whether or not a building
               permit is required.
               </p>
            		
            <p class="incr1">
               (8)
               </p>
            		
            <p class="content2">
               Prior to issuance or denial of a certificate of appropriateness, the commission shall
               take such steps as may be reasonably required in the ordinance or rules of procedure
               to inform the owners of any property likely to be materially affected by the application,
               and shall give the applicant and such owners an opportunity to be heard. In cases
               where the commission deems it necessary, it may hold a public hearing concerning the
               application. Notification of the public hearing shall be given to all parties having
               interest no later than ten days prior to the date of the hearing. All meetings of
               the commission shall be open to the public in accordance with the state open meetings
               law, G.S. 143-318.9 et seq.
               </p>
            		
            <p class="incr1">
               (9)
               </p>
            		
            <p class="content2">
               An appeal may be taken to the board of adjustment from the commission's action in
               granting or denying the certificate in the same manner as any other appeal to such
               board. Any appeal from the board of adjustment's decision in any such case shall be
               heard by the Superior Court of Buncombe County.
               </p>
            		
            <p class="incr1">
               (10)
               </p>
            		
            <p class="content2">
               Guidelines for Rehabilitating Old Buildings published by the U.S. Department of the
               Interior shall be the standards by which applications for certificate of appropriateness
               by local historic property owners shall be evaluated.
               </p>
            		
            <p class="incr1">
               (11)
               </p>
            		
            <p class="content2">
               The department of cultural resources, acting through any agent or employee designated
               by its secretary, or the state advisory council on historic preservation, shall, either
               upon the request of the department or at the initiative of the historic resources
               commission, be given an opportunity to review, make comment and make recommendations
               upon the substance and effect of any application for a certificate of appropriateness
               on any local historic property established pursuant to this article and G.S. 160D-940
               et seq. Its comments and recommendations may be provided in writing to the historic
               commission or made orally at any public hearing held in connection with the application.
               The commission shall consider these comments and recommendations prior to the issuance
               of a certificate of appropriateness. If any certificate is issued contrary to the
               recommendations of the department, the commission shall enter the reasons therefor
               in the minutes of the meeting at which such action is taken, and a copy of the minutes
               shall be forwarded to the department by the commission's secretary.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               Nothing in this article shall be construed to prevent the ordinary maintenance or
               repair of any portion or architectural feature of a local historic property which
               does not involve a change in design, material, color or general appearance thereof,
               nor to prevent the construction, reconstruction, alteration, restoration or demolition
               of any such feature which the building inspector shall certify is required by the
               public safety because of an unsafe or dangerous condition.
               </p>
            		
            <p class="historynote0">
               (Ord. No. 18594, Â§ 4, 12-2-86;
               <a class="ordinance-link" href="" data-product-id="12776" data-ordinance-id="1118554">
                  Ord. No. 21-05-06
                  </a>
               , Â§ 1(Exh. A), 5-4-21)
               </p></div>