<div class="chunk-title">Sec. 15-5. - Historic properties.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Appropriations.</span> The local governing body is authorized to make appropriations to the resources commission
               established pursuant to this chapter in any amount that it may determine necessary
               for the expenses of the operation of the resources commission, and may make available
               any additional amounts necessary for the acquisition, restoration, preservation, operation
               and management of historic properties, including historic buildings, structures, sites,
               areas or objects designated as historic properties, or of land on which historic buildings
               or structures are located or to which they may be removed.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Ownership of property.</span> All historic properties acquired by funds appropriated by the county shall be acquired
               in the name of the county unless otherwise provided by the governing body. So long
               as they are owned by the county, historic properties may be maintained by or under
               the supervision and control of the county. However, all historic properties acquired
               by the resources commission from funds other than those appropriated by the county
               may be acquired and held in the name of the resources commission or the county.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Application of chapter to publicly owned buildings and structures.</span> Nothing in this chapter shall be construed to prevent the regulation or acquisition
               of historic properties owned by the state or any of its political subdivisions, agencies,
               or instrumentalities.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Remedies.</span> In case any building, structure, site, area or object designated a historic property
               is about to be demolished, whether as the result of deliberate neglect or otherwise;
               or materially altered, remodeled or removed, except in compliance with this chapter,
               the county or the resources commission may institute any appropriate action or proceeding
               to prevent such unlawful demolition, material alteration, remodeling or removal; to
               restrain, correct or abate such violation; or to prevent any illegal act or conduct
               with respect to such historic property.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Appeals; statute of limitations.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Any person aggrieved by any decision or the action of the resources commission shall
               have the right to appeal such action to the board of adjustment.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Likewise, any person aggrieved by any decision of the governing body in enacting any
               ordinance under the powers conferred by this chapter shall have the right to file
               a civil suit in a court of competent jurisdiction within 60 days from the date of
               decision by the governing body.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               <span class="ital">Designation of historic properties generally.</span> The designation of an historic property shall be effected through an ordinance passed
               by the governing body.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               <span class="ital">Adoption of an ordinance; criteria for designation.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Upon complying with G.S. 160A-400.6, the governing body may adopt and from time to
               time amend or repeal an ordinance designating one or more historic properties. No
               property shall be recommended for designation as a historic property unless it is
               deemed and found by the resources commission to be of special significance in terms
               of its history, architecture, and/or cultural or archaeological importance, and to
               possess integrity of design, setting, workmanship, materials, feeling and/or association.
               In addition, the governing body may consider also the suitability of the property
               for preservation or restoration; educational value; cost of acquisition, restoration,
               maintenance, operation or repair; possibilities for adaptive or alternative use of
               the property; appraised value; and the administrative and financial responsibility
               of any person or organization willing to underwrite all or a portion of the costs.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               The ordinance shall describe each property designated in the ordinance, the name of
               the owner of the property, and any other information the governing body deems necessary
               within the authority of this chapter and G.S. 160A-400.1â€”160A-400.14. For each building,
               structure, site, area or object designated as an historic property, the ordinance
               shall require that a 180-day waiting period is observed prior to its demolition, material
               alteration, remodeling or removal. For each designated historic property, the ordinance
               shall also provide for a suitable sign on the property stating that the property has
               been designated. If the owner consents, the sign shall be placed upon the property.
               If the owner objects, the sign shall be placed on a nearby public right-of-way.
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               <span class="ital">Powers.</span> The resources commission appointed or designated pursuant to this chapter shall be
               authorized to:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Recommend to the county governing body structures, sites, areas or objects to be designated
               by ordinance as historic properties.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Within budgetary limits acquire the fee or any lesser included interest to any such
               historic properties, to hold, manage, restore and improve the same, and to exchange
               and dispose of the same by sale, lease or otherwise subject to the rights of public
               access and other covenants and in a manner that will conserve the property for the
               purposes of this chapter.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Restore, preserve and operate such historic properties.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Recommend to the governing body that designation of any building, structure, site,
               area or object as a historic property be revoked or removed.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               Conduct an educational program on historic properties within its jurisdiction.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               Cooperate with the state, federal and local governments in pursuance of the purposes
               of this chapter. The governing body or the resources commission when authorized by
               the governing body may contract with the state, or the United States of America, or
               any agency of either, or with any other organization provided the terms are not inconsistent
               with state or federal law.
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               Enter, solely in performance of its official duties and only at reasonable times,
               upon private lands for examination of survey thereof. However, no member, employee
               or agent of the resources commission may enter any private building or structure without
               the express consent of the owner or occupant thereof.
               </p>
            		
            <p class="incr1">
               (8)
               </p>
            		
            <p class="content2">
               All meetings or hearings of the resources commission shall be open to the public,
               and reasonable notice of the time and place thereof shall be given to the public in
               accordance with G.S. 143-318.9 et seq., the open meetings statute.
               </p>
            		
            <p class="incr0">
               (i)
               </p>
            		
            <p class="content1">
               <span class="ital">Required procedures.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               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 body, until the following procedural
               steps have been taken:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               The resources 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="incr2">
               b.
               </p>
            		
            <p class="content3">
               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 governing body. 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 USC 470a, as amended.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               The resources commission and the governing body 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 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="incr2">
               d.
               </p>
            		
            <p class="content3">
               Following the joint public hearing, the governing body may adopt the ordinance as
               proposed, adopt the ordinance with any amendments it deems necessary, or reject the
               proposal.
               </p>
            		
            <p class="incr2">
               e.
               </p>
            		
            <p class="content3">
               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
               body, 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. A third copy of the ordinance and each amendment thereto shall be given
               to the 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 for such period as the designation remains
               in effect.
               </p>
            		
            <p class="incr2">
               f.
               </p>
            		
            <p class="content3">
               Upon the adoption of the historic properties ordinance or any amendment thereto, it
               shall be the duty of the resources 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="incr2">
               g.
               </p>
            		
            <p class="content3">
               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 resources 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="incr2">
               h.
               </p>
            		
            <p class="content3">
               Prior to issuance or denial of a certificate of appropriateness, the resources 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 resources 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 resources 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="incr2">
               i.
               </p>
            		
            <p class="content3">
               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 Superior Court of Jackson County.
               </p>
            		
            <p class="incr2">
               j.
               </p>
            		
            <p class="content3">
               The Secretary of Interior Standards for Rehabilitation Guidelines for Rehabilitating
               Old Buildings shall be the standards by which applications for certificate of appropriateness
               by local historic property owners shall be evaluated.
               </p>
            		
            <p class="incr2">
               k.
               </p>
            		
            <p class="content3">
               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 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 chapter 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 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="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Nothing in this chapter 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 for the
               public safety because of an unsafe or dangerous condition.
               </p>
            		
            <p class="incr0">
               (j)
               </p>
            		
            <p class="content1">
               <span class="ital">Prohibitions; required waiting period.</span> A property which has been designated as an historic property by ordinance as provided
               in this chapter may, after notice has been made to the owner, as provided in G.S.
               160A-400.1 et seq., be demolished, materially altered, remodeled or removed only after
               180 days' written notice of the owner's proposed action has been given to the resources
               commission. During this period, the resources commission may negotiate with the owner
               and with any other parties in an effort to find a means of preserving the property.
               During this period, or at any time prior thereto following notice of designation to
               the owner, as provided in subsection (i)(1)e of this section, and, where such action
               is reasonably necessary or appropriate for the continued preservation of the property,
               the resources commission may enter into negotiations with the owner for the acquisition
               by gift, purchase, exchanges or otherwise of the property or any interest therein
               authorized by G.S. 160A-400.1 et seq. The resources commission may reduce the waiting
               period required by this section in any case where the owner would suffer extreme hardship,
               not including loss of profit, unless a reduction in the required waiting period were
               allowed. The resources commission shall have the discretionary authority to waive
               all or any portion of the required waiting period, provided that the alteration, remodeling
               or removal is undertaken subject to conditions agreed to by the resources commission
               ensuring the continued maintenance of the architectural or historical integrity and
               character of the property.
               </p>
            		
            <p class="incr0">
               (k)
               </p>
            		
            <p class="content1">
               <span class="ital">Permitted uses.</span> Nothing in this chapter shall be construed to prevent the ordinary maintenance or
               repair of any exterior feature in or on an historical property that does not involve
               a change in design, material, or outer appearance thereof nor to prevent the construction,
               reconstruction, alteration, restoration, demolition or removal of any such feature
               when a building inspector or similar official certifies to the resources commission
               that such action is required for the public safety because of an unsafe or dangerous
               condition. Nothing in this section shall be construed to prevent a property owner
               from making any use of his property not prohibited by other statutes, ordinances,
               or regulations.
               </p>
            		
            <p class="incr0">
               (l)
               </p>
            		
            <p class="content1">
               <span class="ital">Authority to acquire historic building.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               <span class="ital">Resources commission.</span> The resources commission may, with the approval of the governing body, acquire property
               designated by ordinance as historic property, and may pay therefor out of any funds
               which may be appropriated for that purpose.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               <span class="ital">Governing body.</span> The governing body may do the following:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               Within the limits of its jurisdiction, the governing body may acquire property designated
               by ordinance as historic property and may pay therefor out of any funds which may
               be appropriated for that purpose.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               The governing body may acquire, maintain, manage, repair, restore, exchange or dispose
               of any historic resources designated as a historic property under this chapter.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               If the property is acquired under this chapter but is not used for some other governmental
               purpose, it shall be deemed to be a museum under the provisions of G.S. 160A-488 and
               153A-445, notwithstanding the fact that the property may be or remain in private use,
               so long as the property is made reasonably accessible to and open for visitation by
               the general public.
               </p>
            		
            <p class="historynote0">
               (Ord. No. O09.01, Â§ 5, 5-18-2009)
               </p></div>