§ 160A-400.9. Certificate of appropriateness required. - North Carolina Statutes

§ 160A‑400.9. Certificate of appropriateness required.

(a)        From and after the designation of a landmark or a historicdistrict, no exterior portion of any building or other structure (includingmasonry walls, fences, light fixtures, steps and pavement, or other appurtenantfeatures), nor above‑ground utility structure nor any type of outdooradvertising sign shall be erected, altered, restored, moved, or demolished onsuch landmark or within such district until after an application for acertificate of appropriateness as to exterior features has been submitted toand approved by the preservation commission.  The municipality shall requiresuch a certificate to be issued by the commission prior to the issuance of abuilding permit or other permit granted for the purposes of constructing,altering, moving, or demolishing structures, which certificate may be issuedsubject to reasonable conditions necessary to carry out the purposes of thisPart.  A certificate of appropriateness shall be required whether or not abuilding or other permit is required.

For purposes of this Part, "exterior features" shall includethe architectural style, general design, and general arrangement of theexterior of a building or other structure, including the kind and texture ofthe building material, the size and scale of the building, and the type andstyle of all windows, doors, light fixtures, signs, and other appurtenantfixtures.  In the case of outdoor advertising signs, "exteriorfeatures" shall be construed to mean the style, material, size, andlocation of all such signs.  Such "exterior features" may, in thediscretion of the local governing board, include historic signs, color, andsignificant landscape, archaeological, and natural features of the area.

Except as provided in (b) below, the commission shall have nojurisdiction over interior arrangement and shall take no action under thissection except to prevent the construction, reconstruction, alteration,restoration, moving, or demolition of buildings, structures, appurtenantfixtures, outdoor advertising signs, or other significant features in thedistrict which would be incongruous with the special character of the landmarkor district.

(b)        Notwithstanding subsection (a) of this section, jurisdictionof the commission over interior spaces shall be limited to specific interiorfeatures of architectural, artistic or historical significance in publiclyowned landmarks; and of privately owned historic landmarks for which consentfor interior review has been given by the owner.  Said consent of an owner forinterior review shall bind future owners and/or successors in title, providedsuch consent has been filed in the office of the register of deeds of thecounty in which the property is located and indexed according to the name ofthe owner of the property in the grantee and grantor indexes.  The landmarkdesignation shall specify the interior features to be reviewed and the specificnature of the commission's jurisdiction over the interior.

(c)        Prior to any action to enforce a landmark or historicdistrict ordinance, the commission shall (i) prepare and adopt rules ofprocedure, and (ii) prepare and adopt principles and guidelines notinconsistent with this Part for new construction, alterations, additions,moving and demolition.  The ordinance may provide, subject to prior adoption bythe preservation commission of detailed standards, for the review and approvalby an administrative official of applications for a certificate ofappropriateness or of minor works as defined by ordinance; provided, however,that no application for a certificate of appropriateness may be denied withoutformal action by the preservation commission.

Prior to issuance or denial of a certificate of appropriateness thecommission shall take such steps as may be reasonably required in the ordinanceand/or rules of procedure to inform the owners of any property likely to bematerially affected by the application, and shall give the applicant and suchowners an opportunity to be heard.  In cases where the commission deems itnecessary, it may hold a public hearing concerning the application.  Allmeetings of the commission shall be open to the public, in accordance with theNorth Carolina Open Meetings Law, Chapter 143, Article 33C.

(d)        All applications for certificates of appropriateness shallbe reviewed and acted upon within a reasonable time, not to exceed 180 daysfrom the date the application for a certificate of appropriateness is filed, asdefined by the ordinance or the commission's rules of procedure.  As part ofits review procedure, the commission may view the premises and seek the adviceof the Division of Archives and History or such other expert advice as it maydeem necessary under the circumstances.

(e)        An appeal may be taken to the Board of Adjustment from thecommission's action in granting or denying any certificate, which appeals (i)may be taken by any aggrieved party, (ii) shall be taken within timesprescribed by the preservation commission by general rule, and (iii) shall bein the nature of certiorari.  Any appeal from the Board of Adjustment'sdecision in any such case shall be heard by the superior court of the county inwhich the municipality is located.

(f)         All of the provisions of this Part are hereby madeapplicable to construction, alteration, moving and demolition by the State ofNorth Carolina, its political subdivisions, agencies and instrumentalities,provided however they shall not apply to interiors of buildings or structuresowned by the State of North Carolina.  The State and its agencies shall have aright of appeal to the North Carolina Historical Commission or any successoragency assuming its responsibilities under G.S. 121‑12(a) from anydecision of a local preservation commission.  The commission shall render itsdecision within 30 days from the date that the notice of appeal by the State isreceived by it.  The current edition of the Secretary of the Interior'sStandards for Rehabilitation and Guidelines for Rehabilitating HistoricBuildings shall be the sole principles and guidelines used in reviewingapplications of the State for certificates of appropriateness.  The decision ofthe commission shall be final and binding upon both the State and thepreservation commission. (1989, c. 706, s. 2.)