NORTH CAROLINA GENERAL ASSEMBLY
1979 SESSION

CHAPTER 646
SENATE BILL 652

AN ACT TO MAKE TECHNICAL AMENDMENTS TO AND TO CLARIFY EXISTING PROVISIONS OF PART 3A OF CHAPTER 160A, ARTICLE 19, RELATING TO HISTORIC DISTRICTS.

The General Assembly of North Carolina enacts:

Section 1.  Chapter 160A, Article 19, Part 3A, as the same appears in the 1976 Replacement Volume 3D of the General Statutes is amended to read as follows:
"Part 3A. Historic Districts.
"§ 160A-395.  Exercise of powers under this Part by counties as well as cities; designation of historic districts. — The term 'municipality' or 'municipal' as used in G.S. 160A-395 through G.S. 160A-399 shall be deemed to include the governing board or legislative board of a county, to the end that counties may exercise the same powers as cities with respect to the establishment of historic districts.
Any such legislative body may, as part of a zoning ordinance enacted or amended pursuant to this Article, 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-district classification or as districts which overlay other zoning districts. Where historic districts are designated as separate use districts, the zoning ordinance may include as uses by right or as conditional uses those uses found by the historic district commission to have existed during the period sought to be restored or preserved, or to be compatible with the restoration or preservation of the district. No historic district or districts shall be designated until:
(1)	An investigation and report describing the significance of the buildings, structures, features, sites or surroundings included in any such proposed district, and a description of the boundaries of such district has been prepared; and
(2)	The Department of Cultural Resources, acting through an agent or employee 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 written analysis and recommendations to the municipal governing body within 30 calendar days after a written request for such analysis has been mailed to it shall relieve the municipality of any responsibility for awaiting such analysis, and said body may at any time thereafter take any necessary action to adopt or amend its zoning ordinance.
The municipal governing body may also, in its discretion, refer the report and proposed boundaries to any local historic properties commission or other interested body for its recommendations prior to taking action to amend the zoning ordinance. With respect to any changes in the boundaries of such district subsequent to its initial establishment, or the creation of additional districts within the jurisdiction, the investigative studies and reports required by subdivision (1) of this section shall be prepared by the historic district commission, and shall be referred to the local planning agency for its review and comment according to procedures set forth in the zoning ordinance. Changes in the boundaries of an initial district or proposals for additional districts shall also be submitted to the Department of Cultural Resources in accordance with the provisions of subdivision (2) of this section.
On receipt of these reports and recommendations, the municipality may proceed in the same manner as would otherwise be required for the adoption or amendment of any appropriate zoning ordinance provisions.
"§ 160A-395.1.  Character of historic district defined. — Historic districts established pursuant to this Part shall consist of areas which are deemed to be of special significance in terms of their history, architecture and/or culture, and to possess integrity of design, setting, materials, feeling and association.
"§ 160A-396.  Historic district commission. — Before it may designate one or more historic districts, a municipality shall establish or designate a historic district commission. The municipal governing board shall determine the number of members of the commission, which shall be at least three, and the length of their terms, which shall be no greater than four years. A majority of the members of such a commission shall have demonstrated special interest, experience, or education in history or architecture; and all the members shall reside within the territorial jurisdiction of the municipality as established pursuant to G.S. 160A-360.
In lieu of establishing a separate historic district commission, a municipality may designate as its historic district commission, (i) a historic properties commission established pursuant to G.S. 160A-399.2, (ii) a planning agency established pursuant to G.S. 160A-361, or (iii) a community appearance commission established pursuant to Part 7 of this Article. In order for a commission or board other than the historic district commission to be designated, at least two of its members shall have demonstrated special interest, experience, or education in history or architecture. At the discretion of the municipality the ordinance may also provide that the historic district commission may exercise within a historic district any or all of the powers of a planning agency or a community appearance commission.
A county and one or more cities in the county may establish or designate a joint historic district commission. If a joint commission is established or designated, the county and cities involved shall determine the residence requirements of members of the joint historic district commission.
"§ 160A-397.  Certificate of appropriateness required. — From and after the designation of a historic district, no exterior portion of any building or other structure (including masonry walls, fences, light fixtures, steps and pavement, or other appurtenant features) nor above‑ground 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 historic district commission. The municipality shall require such a certificate to be issued by the commission prior to the issuance of a building permit or other permit granted for the 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 Part. A certificate of appropriateness shall be required whether or not a building or other permit is required.
For purposes of this Part, 'exterior features' shall include the architecture style, general design, and general arrangement of the exterior of a building or other structure, including the kind and texture of the building material, the size and scale of the building, and the type and style of all windows, doors, light fixtures, signs, and other appurtenant fixtures. In the 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 and natural features of the area.
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, or other significant features in the district which would be incongruous with the special character of the district.
Prior to any action to enforce a historic district ordinance, the commission shall (i) prepare and adopt rules of procedure, and (ii) prepare and adopt principles and guidelines not inconsistent with this Part for new construction, alterations, additions, moving and demolition. The ordinance may provide, subject to prior adoption by the historic district commission of detailed standards, for the review and approval by an administrative official, of minor works as defined by ordinance; provided, however, that no application for a certificate of appropriateness may be denied without formal action by the historic district commission.
Prior to issuance or denial of a certificate of appropriateness the commission shall take such steps as may be reasonably required in the ordinance and/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. All meetings of the commission shall be open to the public, in accordance with the North Carolina Open Meetings Law, G.S. 143, Article 33B. An appeal may be taken to the Board of Adjustment from the commission's action in granting or denying any certificate, which appeals (i) may be taken by any aggrieved party, (ii) shall be taken within times prescribed by the historic district commission by general rule, and (iii) shall be in the nature of certiorari. Any appeal from the Board of Adjustment's decision in any such case shall be heard by the superior court of the county in which the municipality is located.
All applications for certificates of appropriateness shall be reviewed and acted upon within a reasonable time, as defined by the ordinance or the commission's rules of procedure. As part of its review procedure, the commission may view the premises and seek the advice of the Department of Cultural Resources or such other expert advice as it may deem necessary under the circumstances.
"§ 160A-398.  Certain changes not prohibited. — Nothing in this Part shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in a historic district which does not involve a change in design, material or outer appearance thereof, nor to prevent the construction, reconstruction, alteration, restoration, moving 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.
"§ 160A-398.1.  Applicability of Part. — No provision of this Part shall be applicable to the construction, use, alteration, moving or demolition of buildings by the State of North Carolina, its agencies and instrumentalities, or institutions of higher education. This Part shall apply to counties and municipalities.
"§ 160A-399.  Delay in demolition of buildings within historic district. — An application for a certificate of appropriateness authorizing the demolition of a building or structure within the district may not be denied. However, the effective date of such a certificate may be delayed for a period of up to 180 days from the date of approval. The maximum period of delay authorized by this section shall be reduced by the commission where it finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use of or return from such property by virtue of the delay. During such period the historic district commission may negotiate with the owner and with any other parties in an effort to find a means of preserving the building. If the historic district commission finds that the building has no particular significance or value toward maintaining the character of the district, it shall waive all or part of such period and authorize earlier demolition or removal."
Sec. 2.  This act is effective upon ratification.
In the General Assembly read three times and ratified, this the 25th day of May, 1979.