NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 644

SENATE BILL 650

 

 

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

 

The General Assembly of North Carolina enacts:

 

Section 1.  Chapter 160A, Article 19, Part 3B, as the same appears in the 1976 Replacement Volume 3D of the General Statutes is amended to read as follows:

"Part 3B. Historic Properties Commissions.

"§ 160A-399.1(a).  Legislative findings. — The historical heritage of our State is one of our most valued and important assets. The conservation and preservation of historic properties will stabilize and increase property values in their areas and strengthen the overall economy of the State. This Part authorizes cities and counties of the State, within their respective zoning jurisdictions and by means of listing, regulation, and acquisition:

(1)        to safeguard the heritage of the city or county by preserving any property therein that embodies important elements of its cultural, social, economic, political or architectural history; and

(2)        to promote the use and conservation of such property for the education, pleasure and enrichment of the residents of the city or county and the State as a whole.

(b)        Exercise of powers under this Part by counties as well as cities. The term 'municipality' as used in G.S. 160A-399.1 through 160A-399.13 shall be deemed to include the county or its governing board or legislative board, to the end that counties may exercise the same powers as cities with respect to the establishment of historic districts.

"§ 160A-399.2.  Appointment or designation of historic properties commission. — Before it may exercise the powers set forth in this Part, a municipality shall establish or designate a historic properties commission. The municipality's 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 city or county as established pursuant to G.S. 160A-360. In establishing such a commission and making appointments to it, a city or county may seek the advice of any State or local historical or preservation agency, or organization.

In lieu of establishing a separate historic properties commission, a municipality may designate as its historic properties commission either (i) the city or county historic district commission, established pursuant to G.S. 160A-396, or (ii) a city or county planning agency. In order for a planning agency to be designated, at least two of its members shall have demonstrated special interest, experience, or education in history or architecture.

A county and one or more cities in the county may establish or designate a joint historic properties commission. If a joint commission is established, the county and city or cities involved shall determine the residence requirements for members of the joint historic properties commission.

"§ 160A-399.3.  Powers of the properties commission. — Any historic properties commission established pursuant to this Part shall be authorized within the zoning jurisdiction of the unit to:

(1)        undertake an inventory of properties of historical, architectural and/or archaeological significance;

(2)        recommend to the municipal governing board structures, buildings, sites, areas or objects to be designated by ordinance as 'historic properties';

(3)        acquire by any lawful means the fee or any lesser included interest, including options to purchase, to any such historic properties, to hold, manage, preserve, restore and improve the same, and to exchange or dispose of the property by public or private sale, lease or otherwise, subject to covenants or other legally binding restrictions which will secure appropriate rights of public access and promote the preservation of the property;

(4)        restore, preserve and operate such historic properties;

(5)        recommend to the governing board that designation of any building, structure, site, area or object as a historic property be revoked or removed;

(6)        conduct an educational program with respect to historic properties within its jurisdiction;

(7)        cooperate with the State, federal and local governments in pursuance of the purposes of this Part. The governing board or the commission when authorized by the governing board 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;

(8)        enter, solely in performance of its official duties and only at reasonable times, upon private lands for examination or survey thereof. However, no member, employee or agent of the commission may enter any private building or structure without the express consent of the owner or occupant thereof.

"§ 160A-399.4.  Adoption of an ordinance, criteria for designation. — Upon complying with G.S. 160A-399.5, the governing board 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 properties commission to be of special significance in terms of its history, architecture, and/or cultural importance, and to possess integrity of design, setting, workmanship, materials, feeling and/or association.

The ordinance shall describe each property designated in the ordinance, the name or names of the owner or owners of the property, those elements of the property that are integral to its historical, architectural, and/or archaeological value, including the approximate area of the property so designated, and any other information the governing board deems necessary. For each building, structure, site, area or object so designated as a historic property, the ordinance shall require that the waiting period set forth in this Part be observed prior to its demolition, alteration, remodeling or removal. For each designated historic property, the ordinance may also provide for a suitable sign on the property indicating that the property has been so 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.

"§ 160A-399.5.  Required procedures. — As a guide for the identification and evaluation of historic properties, the commission shall undertake, at the earliest possible time and consistent with the resources available to it, an inventory of properties of historical, architectural and cultural significance within its jurisdiction. Such inventories and any additions or revisions thereof shall be submitted as expeditiously as possible to the Division of Archives and History. No ordinance designating a historic building, structure, site, area or object nor any amendment thereto may be adopted, nor may any property be accepted or acquired by a historic properties commission or the governing board of a municipality, until the following procedural steps have been taken:

(1)        The historic properties commission shall (i) prepare and adopt rules of procedure, and (ii) prepare and adopt principles and guidelines, not inconsistent with this Part, for altering, restoring, moving or demolishing properties designated as historic.

(2)        The historic properties commission shall make or cause to be made an investigation and report on the historic, architectural, educational or cultural significance of each building, structure, site, area or object proposed for designation or acquisition. Such investigation or report shall be forwarded to the Division of Archives and History, North Carolina Department of Cultural Resources.

(3)        The Department of Cultural Resources, acting through any employee designated by the secretary or the North Carolina Historical Commission shall either upon request of the department or at the initiative of the historic properties commission be given an opportunity to review and comment upon the substance and effect of the designation of any historic property pursuant to this Part. Any comments shall be provided in writing. If the department does not submit its comments or recommendations in connection with any designation within 30 days following receipt by the department of the investigation and report of the commission, the commission and any city or county governing board shall be relieved of any responsibility to consider such comments.

(4)        The historic properties commission and the governing board shall hold a public hearing on the proposed ordinance. Reasonable notice of the time and place thereof shall be given. 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.

(5)        Following the joint public hearing, the governing board may adopt the ordinance as proposed, adopt the ordinance with any amendments it deems necessary, or reject the proposed ordinance.

(6)        Upon adoption of the ordinance, the owners and occupants of each designated historic property shall be given written notification of such designation insofar as reasonable diligence permits. One copy of the ordinance and all amendments thereto shall be filed by the historic properties commission in the office of the register of deeds of the county in which the property or properties are located. Each historic property designated 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 historic properties commission shall pay a reasonable fee for filing and indexing. In the case of any property lying within the zoning jurisdiction of a city, a second copy of the ordinance and all amendments thereto shall be kept on file in the office of the city or town clerk and be made available for public inspection at any reasonable time. A third copy of the ordinance and all amendments thereto shall be given to the city or county building inspector. The fact that a building, structure, site, area or object has been designated a historic property shall be clearly indicated on all tax maps maintained by the county or city for such period as the designation remains in effect.

(7)        Upon the adoption of the historic properties ordinance or any amendment thereto, it shall be the duty of the historic properties 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.

"§ 160A-399.6.  Certificate of appropriateness required. — A property which has been designated as a historic property as herein provided may be materially altered, restored, moved or demolished only following the issuance of a certificate of appropriateness by the historic properties commission in accordance with the procedures and standards set forth in Part 3A of this Article. An application for a certificate of appropriateness authorizing the demolition of a designated building or structure or the destruction of an object 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 deprived of all beneficial use of or return from such property by virtue of the delay. During such period the historic properties commission may negotiate with the owner and with any other parties in an effort to find a means of preserving the building, structure, or object.

"§ 160A-399.7.  Certain changes not prohibited. — Nothing in this Part shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on a historic 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 commission that such action is required for the public safety because of an unsafe or dangerous condition. Nothing herein shall be construed to prevent a property owner from making any use of his property not prohibited by other statutes, ordinances or regulations.

"§ 160A-399.8.  Authority to acquire historic properties. — When such action is reasonably necessary or appropriate for the preservation of a designated historic property, the commission may negotiate at any time with the owner for its preservation in accordance with the provisions of Parts 3A and 3B.

"§ 160A-399.9.  Appropriations. — A city or county governing board is authorized to make appropriations to a historic properties commission established pursuant to this Part in any amount that it may determine necessary for the expenses of the operation of the commission, and may make available any additional amounts necessary for the acquisition, restoration, preservation, operation and management of 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.

"§ 160A-399.10.  Ownership of property. — All lands, buildings, structures, sites, areas or objects acquired by funds appropriated by a city or county shall be acquired in the name of the city or county unless otherwise provided by the governing board. So long as owned by the city or county, historic properties may be maintained by or under the supervision and control of the city or county. However, all lands, buildings or structures acquired by a historic properties commission from funds other than those appropriated by a city or county may be acquired in the name of the historic properties commission, the city or county, or both.

"§ 160A-399.11.  Part to apply to publicly owned buildings and structures. — All of the provisions of this Part are hereby made applicable to the construction, use, alteration, moving and demolition of buildings by the State of North Carolina, its political subdivisions, agencies and instrumentalities, provided that neither this section nor Part 3B of Chapter 160A shall apply to any project of The University of North Carolina or its constituent institutions for which an application has been submitted prior to the effective date of this act.

"§ 160A-399.12.  Conflict with other laws. — Whenever any ordinance adopted pursuant to this Part requires a longer waiting period or imposes other higher standards with respect to a designated historic property than are established under any other statute, charter provision, or regulation, this Part shall govern. Whenever the provisions of any other statute, Charter provision, ordinance or regulation required a longer waiting period or impose other higher standards than are established under this Part, such other statute, charter provision, ordinance or regulation shall govern.

"§ 160A-399.13.  Remedies. — In case any building, structure, site, area or object designated as a historic property pursuant to this Part is about to be demolished whether as the result of deliberate neglect or otherwise, materially altered, remodeled, removed or destroyed, except in compliance with the ordinance or the provisions of this Part, the city or county, the historic properties commission, or other party aggrieved by such action may institute any appropriate action or proceedings to prevent such unlawful demolition, destruction, 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. Such remedies shall be in addition to any others authorized by this Chapter for violation of a municipal ordinance."

G.S. 160A-400: Reserved for future codification purposes.

Sec. 2.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 25th day of May, 1979.