NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 278

HOUSE BILL 405

 

 

AN ACT ENABLING THE TOWN OF CHAPEL HILL TO CONTROL THE APPEARANCE OF STRUCTURES IN CERTAIN DISTRICTS.

 

The General Assembly of North Carolina do enact:

 

Section 1. Legislative findings. It is hereby determined and declared as a matter of legislative finding:

(a)       That as the site of the first State University in the Nation, chartered in 1789 and opening its doors to students in 1795, the Town of Chapel Hill has a special place in the historical and cultural heritage of the State.

(b)       That the State of North Carolina has through the years made a very considerable investment in the Town of Chapel Hill for the purpose of creating a University of worldwide stature and providing it with the many expensive facilities required by such a University.

(c)       That the strength of the University and the investment in its buildings may be damaged to a considerable degree by failing to afford protection to the character of the Town of Chapel Hill in which the University is situated.

(d)       That the special character of the Town of Chapel Hill is a substantial inducement in attracting faculty members of distinction and retaining such members, who are of critical importance in maintaining the strength of the University.

(e)       That the pleasant character of the Town of Chapel Hill, which has been characterized as "The Southern Part of Heaven," has been an important factor in attracting visitors from throughout the world, contributing greatly to the wealth of the town and of the State.

(f)        That because of the special character of the Town of Chapel Hill, large numbers of distinguished citizens from throughout the country have come to live in Chapel Hill upon their retirement, adding significant financial and human resources to the State.

(g)       That the pleasant character of the Town of Chapel Hill has played an important role in attracting industrial and other laboratories and eminent scientists to the Research Triangle, thus contributing greatly to the prosperity of the State.

(h)       That the special character of the Town of Chapel Hill, built through the loving care of its citizens for many generations, is currently threatened by rapid, uncoordinated, and in some cases noxious development, and that it is in the interest of the State as a whole that every effort be made to forestall such destruction.

Sec. 2. As a means of preserving and enhancing the character of the Town of Chapel Hill, the governing board of said town is specially authorized, as part of its zoning ordinance adopted pursuant to Article 14 of Chapter 160 of the General Statutes and any special Acts relating thereto, to:

(a)       Designate areas within the town and the surrounding territory subject to its jurisdiction which shall be subject to special controls of the types authorized herein. Such areas may specifically include the central business district of the town, areas abutting the University campus, areas abutting the principal entrances to the town, and such other areas as the governing board may find to be especially significant to preservation of the visual character of the town.

(b)       Create and appoint a special Appearance Commission consisting of not less than three nor more than seven members, a majority of whom shall have had special training or experience in a design profession, Members shall be appointed for such terms, not to exceed five years, as may be specified by the town governing board. Any officer of the Chapel Hill Planning Board may be designated to serve on such commission, ex officio, by the ordinance creating said commission.

(c)       Provide that no building or structure (including stone walls, fences, light fixtures, steps and pavement, landscaping, or other appurtenant features) nor any type of outdoor advertising sign shall be erected, altered, restored, or moved within any area of special control until after an application for a certificate of appropriateness as to exterior architectural features shall have been submitted to and approved by the Appearance Commission. Such a certificate may be required prior to the issuance of a building permit or any other permit granted for purposes of constructing or altering structures, and may also be required in circumstances where a building permit is not required.

In its review of plans and specifications, the commission shall examine the proposed architectural style and general design, the exterior surface treatment (including kind and texture of building material and color or colors), the arrangement and location of building and structures on the site in question and their relationship to other buildings and structures, proposed landscaping and the type and style of all windows, doors, light fixtures, signs, and other appurtenant features. In the case of outdoor advertising signs, "exterior architectural features" shall be construed to mean the style, material, size, colors, and location of all such signs.

The commission shall not consider interior arrangement or use and shall take no action under this Section except for the purposes of preventing the construction, reconstruction, alteration, restoration, or moving of buildings, structures, appurtenant features, or outdoor advertising signs which it finds would adversely affect or be obviously incongruous with (1) existing or planned development in the area, (2) the general character of the town as evidenced by patterns of existing development and by any plans officially adopted by the Planning Board, (3) the setting for any public building or buildings, or (4) the maintenance and enhancement of the value of neighboring properties.

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. Any appeal shall 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 Orange County Superior Court in the same manner as any other appeal from the Board of Adjustment.

Sec. 3. Should any Section, clause, or provisions of this Act be declared by the courts to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the Act as a whole nor any part thereof other than the part so decided to be unconstitutional or invalid.

Sec. 4. All laws and clauses of laws in conflict herewith are hereby repealed to the extent of such conflict.

Sec. 5. This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 16th day of April, 1965.