<div class="chunk-title">Sec. 15-4. - Historic districts.</div>
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            <p class="incr0">
               (a)
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               <span class="ital">Designation of historic districts generally.</span> On recommendation by the resources commission and on completion of the procedure
               stated in this section, the governing body may enact an ordinance designating an historic
               district. No historic district may exist without an ordinance designating it as such.
               </p>
            		
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               (b)
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               <span class="ital">Ordinance procedure.</span>
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               (1)
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               The governing body may, as part of a land use ordinance enacted or amended pursuant
               to this section, 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 districts classification or as districts which overlap other
               regulated districts. Where historic districts are designated as separate use districts,
               the land use ordinances may include among permitted uses those uses found by the resources
               commission to have existed during the period sought to be restored or preserved, or
               to be compatible with the authentic restoration or preservation of the district. No
               historic district shall be designated until:
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               a.
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               The local historic preservation commission shall have made an investigation and report
               on the historic significance of the buildings, structures, features, sites or surroundings,
               evidence of which is above or below the surface of the ground or water, included in
               any such proposed district, and shall have prepared a description of the boundaries
               of such district.
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               b.
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               The department of cultural resources, acting through such agent or employee as may
               be designated by its secretary, shall have made an analysis of and recommendations
               concerning such report and description of proposed boundaries. Failure of the department
               to submit its analysis and recommendations to the governing body within 30 days after
               a written request for such analysis has been mailed to it shall relieve the governing
               body of any responsibility for awaiting such analysis, and such body may at any time
               thereafter take any necessary action to adopt or amend its ordinance.
               </p>
            		
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               (2)
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               The governing body may also, in its discretion refer the planning board's report and
               proposed boundaries to the resources commission or other interested body for its recommendations
               prior to taking action to amend the ordinance.
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               (3)
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               On receipt of these reports and recommendations, the governing body may proceed in
               the same manner as would otherwise be required for the adoption or amendment of any
               appropriate ordinance provisions.
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               (c)
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               <span class="ital">Designation of historic districts.</span>
               </p>
            		
            <p class="incr1">
               (1)
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               The resources commission may initiate proposals to the governing body pertaining to
               the designation of any historic district.
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               (2)
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               The resources commission shall work with the local planning board in its effort to
               investigate and report on the historic significance of any proposed historic district.
               </p>
            		
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               (3)
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               The resources commission may supplement the report of the local planning board as
               the commission desires.
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               (d)
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               <span class="ital">Issuance of certificates of appropriateness for certain uses.</span>
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               (1)
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            <p class="content2">
               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 section. A certificate of appropriateness shall
               be required whether or not a building or other permit is required.
               </p>
            		
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               (2)
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               For purposes of this section, 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 body, include color and important landscape
               natural features of the area.
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               (3)
               </p>
            		
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               The resources 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>
            		
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               (4)
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            <p class="content2">
               Prior to issuance or denial of a certificate of appropriateness the resources 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 resources 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 resources
               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 county is located.
               </p>
            		
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               (5)
               </p>
            		
            <p class="content2">
               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 section and 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 resources 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 resources commission shall enter the
               reasons therefore 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 resources commission's
               secretary.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               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 resources commission, the resources commission and county governing
               body 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="incr0">
               (e)
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            <p class="content1">
               <span class="ital">Permitted uses.</span> Nothing in this section shall be construed to prevent the ordinary maintenance or
               repair of any exterior architectural feature in an historic district which does not
               involve a change in design, material, color, 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.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               <span class="ital">Delay in demolition of historic buildings.</span> From and after the designation of an historic district, no building or structure
               therein shall be demolished or otherwise removed until the owner thereof shall have
               given the resources commission 180 days' written notice of his proposed action. During
               such 180-day period, the resources commission may negotiate with the owner and with
               any other parties in an effort to find a means of preserving the building. If the
               resources commission finds that the building involved has no particular historic significance
               or value toward maintaining the character of the district, it may waive all or part
               of such 180-day period and authorize earlier demolition or removal. However, nothing
               herein shall prevent the property owner from demolishing the structures after the
               expiration of the 180-day period.
               </p>
            		
            <p class="historynote0">
               (Ord. No. O09.01, Â§ 4, 5-18-2009)
               </p></div>