NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 504

SENATE BILL 289

 

 

AN ACT AUTHORIZING MUNICIPALITIES TO DESIGNATE AND PROTECT HISTORIC BUILDINGS AND 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 that the historical heritage of this State is among its most valued and important assets. It is the intent of this Act to authorize municipalities of the State, by appropriate provisions within their zoning ordinances, (1) to safeguard the heritage of the municipality by preserving any districts therein which reflect elements of its cultural, social, economic, political or architectural history, (2) to stabilize and improve property values in such a district, (3) to foster civic beauty, (4) to strengthen the local economy, and (5) to promote the use and preservation of such districts for the education, welfare, and pleasure of residents of the municipality and of the State as a whole.

Sec. 2.  Article 14 of Chapter 160 of the General Statutes of North Carolina, as amended, is hereby amended by adding the following new Sections between G.S. 160-178 and G.S. 160-179:

"§ 160-178.1.  Designation 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 overlap other zoning districts. Where historic districts are designated as separate use-districts, the zoning ordinances may include among permitted 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 authentic restoration or preservation of the district. No historic district or districts shall be designated until:

"(a)       the zoning commission or local planning board shall have made an investigation and report on the historic significance of the buildings, structures, features, sites or surroundings included in any such proposed district, and shall have prepared a description of the boundaries of such district, and

"(b)      the State Department of Archives and History, acting through such agent or employee as may be designated by its Director, shall have made an analysis of and recommendations concerning, such report and description of proposed boundaries. Failure of the department to submit its analysis and recommendations to the municipal governing body within sixty days after a written request for such analysis has been mailed to it shall relieve the municipal governing body 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 planning board's report and proposed boundaries to any local Historic Sites Commission or other interested body for its recommendations prior to taking action to amend the zoning ordinance.

"On receipt of these reports and recommendations, the municipal legislative body may proceed in the same manner as would otherwise be required for the adoption or amendment of any appropriate zoning ordinance provisions.

"§ 160-178.2.  Historic District Commission. In the event that a municipal legislative body chooses to designate one or more historic districts, it shall appoint a Historic District Commission. Such commission shall consist of not less than three nor more than nine members, as specified by the municipal legislative body. A majority of the members shall be qualified by special interest, knowledge, or training in such fields as history or architecture. All members shall be residents of the county, and a majority of the members shall be residents of the municipality, within the zoning jurisdiction of which the historic district is located. Members shall be appointed for such terms (not to exceed four years, but with eligibility for reappointment) as shall be specified by the municipal legislative body.

"§ 160-178.3.  Certificate of Appropriateness Required. From and after the designation of a historic district, no exterior portion of any building or other structure (including stone 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, or moved within such district until after an application for a certificate of appropriateness as to exterior architectural 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 purposes of constructing or altering structures. A certificate of appropriateness shall be required whether or not a building permit is required.

"For purposes of this Act, 'exterior architectural features' shall include the architectural style, general design, and general arrangement of the exterior of a building or other structure, including the color, the kind and texture of the building material, and the type and style of all windows, doors, light fixtures, signs, and other appurtenant fixtures. In the case of outdoor advertising signs, 'exterior architectural features' shall be construed to mean the style, material, size, and location of all such signs.

"The commission shall not consider interior arrangement and shall take no action under this Section except for the purpose of preventing the construction, reconstruction, alteration, restoration, or moving of buildings, structures, appurtenant fixtures, or outdoor advertising signs in the historic district which would be incongruous with the historic aspects of the district.

"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. An appeal may 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 Superior Court of the county in which the municipality is located.

"§ 160-178.4.  Certain Changes not Prohibited. Nothing in this Article 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, color, or outer appearance thereof, nor to prevent the construction, reconstruction, alteration, restoration, 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.

"§ 160-178.5.  Delay in Demolition of Historic Buildings. From and after the designation of a historic district, no building or structure therein shall be demolished or otherwise removed until the owner thereof shall have given the Historic District Commission ninety days' written notice of his proposed action. During such ninety-day 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 involved has no particular historic significance or value toward maintaining the character of the district, it may waive all or part of such ninety-day period and authorize earlier demolition or removal."

Sec. 3.  This Act shall apply only to the City of Winston-Salem in Forsyth County and the Town of Edenton in Chowan County and the areas surrounding said municipalities which lie within their zoning jurisdiction. This Act shall also apply to the Town of Bath in Beaufort County and the Town of Halifax in Halifax County.

Sec. 4.  Should any Section, clause, or provision 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. 5.  All laws and clauses of laws in conflict herewith are hereby repealed to the extent of such conflict.

Sec. 6.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 12th day of May, 1965.