<div class="chunk-title">Sec. 38-77. - Issuance of certificates of appropriateness for certain uses.</div>
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            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               From and after the designation of an historic district, no exterior portion of any
               building or other structure, including stone or masonry walls, fences, light fixtures,
               steps and pavement, or other appurtenant features; nor aboveground utility structure;
               nor any type of outdoor advertising sign shall be erected, altered, restored, moved
               or demolished within such district until after an application for a certificate of
               appropriateness as to exterior features has been submitted to and approved by the
               resources commission. Further, no archaeological resource associated with such a structure
               shall be altered, moved or removed within such district until after an application
               for a certificate of appropriateness as to the archaeological evidence has been submitted
               to and approved by the resources commission. The governing body shall require such
               a certificate to be issued by the commission prior to the issuance of a building permit
               or other permit granted for 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 division. A certificate of appropriateness shall
               be required whether or not a building or other permit is required.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               For purposes of this division, exterior features shall include the architectural style,
               general design, and general arrangement of the exterior of a building or other structure,
               including the kind of texture of the building material, size and scale of the building,
               and the type and style of all windows, doors, light fixtures, signs, and other appurtenant
               fixtures. In 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 local governing board, include color and important landscape
               natural features of the area.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               The commission shall have no jurisdiction over interior arrangement and shall take
               no action under this section except for the purpose of preventing the construction,
               reconstruction, alteration, restoration, moving or demolition of buildings, structures,
               appurtenant fixtures, outdoor advertising signs, other significant features or preventing
               the alteration, move or removal of archaeological evidence in the district which would
               be incongruous with the special character of the district.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               Prior to issuance or denial of a certificate of appropriateness the commission shall
               take such action as may reasonably be required 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 made by the property
               owners. 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 county superior court in which the municipality is located.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               The state department of cultural resources, acting through any agent or employee designated
               by its secretary, shall, either upon the request of the department or at the initiative
               of the resources commission, be given an opportunity to review, comment and make recommendations
               upon the substance and effect of any application for a certificate of appropriateness
               in any historic district established pursuant to this article and G.S. 160D-940 (former
               G.S. 160A-400.1) et seq. Its comments and recommendations may be provided in writing
               to the resources 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">
               (f)
               </p>
            		
            <p class="content1">
               If the department does not submit its comments or recommendations in connection with
               any application within 30 days following receipt by the department of any materials
               needed for its review of the application, whether such review is at the request of
               the department or the commission, the commission and any city or county governing
               board shall be relieved of any responsibility to consider those comments and recommendations.
               In this case, the certificate of appropriateness may thereafter be issued without
               regard to the requirements of this section.
               </p>
            		
            <p class="historynote0">
               (Ord. No. 18594, Â§ 3, 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>