§ 9.5-33. Certificate of appropriateness.

(a)

Upon designation of a landmark, no exterior portion of any building or other structure (to include masonry walls, fences, light fixtures, steps, 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 on such a landmark until after an application for a certificate of appropriateness as to exterior features has been submitted to and approved by the landmarks commission. The county shall require such a certificate to be issued by the commission prior to the issuance of a building permit or altering, moving, or demolishing structures, which certificate may be issued subject to reasonable conditions necessary to carry out the purposes of this article. A certificate of appropriateness shall be required whether or not a building or other permit is required.

For purposes of this article, "exterior features" shall include the architectural 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 the type and style of all windows, doors, light fixtures, signs and other appurtenant fixtures. In the case of outdoor advertising signs, "exterior features" may, in the discretion of the county commissioners, include historic signs, color, and significant landscape, archaeological and natural features of the area.

(b)

The commission shall take no action under this section except to prevent the construction, reconstruction, alteration, restoration, moving, or demolition of buildings, structures, appurtenant fixtures, outdoor advertising signs, or significant features which would be incongruous with the special character of the landmark.

(c)

Prior to enforcing a landmark ordinance, the commission shall (a) prepare and adopt rules of procedure, and (b) prepare and adopt principles and guidelines consistent with this section for new construction, alterations, additions, moving and demolition.

(d)

Prior to issuance or denial of a certificate of appropriateness the 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 all 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, Chapter 143, Article 33C.

(e)

All applications for certificates of appropriateness shall be reviewed and acted upon within a reasonable time, not to exceed one hundred eighty (180) days from the date the application for a certificate of appropriateness is filed, as defined by this article 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 division of archives and history or such other expert advice as it may deem necessary under the circumstances.

(f)

An appeal may be taken to the county commissioners from the commission's action in granting or denying any certificate, which appeals (a) may be taken by any aggrieved party, (b) shall be taken within the times specified by the commission by general rule, and (c) shall be in the nature of the certiorari. Any appeal from the county commissioners decision in any such case shall be heard by the superior court of the county.

(g)

All of the provisions of this section are hereby made applicable to construction, alteration, moving and demolition by the state, its political subdivision, agencies and instrumentalities, provided, however, they shall not apply to interiors of buildings or structures owned by the state. The state and its agencies shall have the right to appeal the state historical commission or any successor agency assuming its responsibilities under G.S. 121-12(a) from any decision of the commission. The current edition of the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings shall be the sole principle guidelines used in reviewing applications of the state for certificates of appropriateness. The decision of the commission shall be final and binding upon both the state and the landmark commission.

(Ord. of 3-18-02(1); Amend. of 7-16-07(1))