HomeMy WebLinkAboutORD-2010-087 Ordinance Creating The Historic Preservation Commission of Orange County� 4
NOW THEREFORE BE IT ORDAINED by the Board of Orange County Commissioners that the
Board amended An Ordinance Creating the Historic Preservation Commission of Or ge County.
This amendment is effective =_, proval. Upon motion of Commissioner �,
seconded by Commissioner the foregoing amendment was adopted this the 5 day
of October, 2010.
I, Donna S. Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina,
DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board
at a meeting held on October 5, 2010, and that said proceedings are recorded in Minute Book No.
of the minutes of said Board. L
WITNESS my hand and the seal of said County, the day of 2010.
a, �� '
Donna S. Baker, CIVIC
Clerk to the Board
www. co. oranae.nc. us
Protecting and preserving — People, Resources, Quality of Life
Orange County, North Carolina — You Count!
(919) 245 -2130 • FAX (919) 644 -0246
VALER /EP. FOUSHEE, CHAIR
ORANGE COUNTY BOARD OF COMMISSIONERS
BERNADETTEPELISS /ER, VICE
CHAIR
POST OFFICE BOX 8181
EM.
PAM AM HEMMINGER NGER
200 SOUTH CAMERON STREET
BARRYJACOSS
HILLSBOROUGH, NORTH CAROLINA 27278
MIKE NELSON
STEVE YUHASZ
� 4
NOW THEREFORE BE IT ORDAINED by the Board of Orange County Commissioners that the
Board amended An Ordinance Creating the Historic Preservation Commission of Or ge County.
This amendment is effective =_, proval. Upon motion of Commissioner �,
seconded by Commissioner the foregoing amendment was adopted this the 5 day
of October, 2010.
I, Donna S. Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina,
DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board
at a meeting held on October 5, 2010, and that said proceedings are recorded in Minute Book No.
of the minutes of said Board. L
WITNESS my hand and the seal of said County, the day of 2010.
a, �� '
Donna S. Baker, CIVIC
Clerk to the Board
www. co. oranae.nc. us
Protecting and preserving — People, Resources, Quality of Life
Orange County, North Carolina — You Count!
(919) 245 -2130 • FAX (919) 644 -0246
AN ORDINANCE CREATING
THE HISTORIC PRESERVATION COMNUSSION OF
ORANGE COUNTY
WHEREAS, the historic heritage of the State of North Carolina is one of our most
valued and important assets; and
WHEREAS, the North Carolina General Statutes authorize counties to safeguard the
heritage of the County by preserving any historic sites therein that embody important elements of
its cultural, social, economic, political, archaeological or architectural history and to promote the
use and conservation of such site for the education, pleasure and enrichment of the residents of
the County and State as a whole; and
WHEREAS, the conservation of historic sites will stabilize and increase the values in
their areas and strengthen the overall economy of the State; and
WHEREAS, the County Commissioners of Orange County desire to safeguard the
heritage of the County by preserving historic landmarks and historic districts; to enhance the
environmental quality of neighborhoods; to establish and improve property values; and to foster
economic development; and
WHEREAS, the County Commissioners of Orange County do therefore desire to create a
commission to be known as the Historic Preservation Commission of Orange County to perform
the duties of regulating historic landmarks and historic districts pursuant to NCGS Chapter
160A, Article 19, Part 3C and the provisions of this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COMMUSSIONERS
OF ORANGE COUNTY AS FOLLOWS:
Article 1. Historic Preservation Commission
Section 1.1 Establishment
Under the authority of Chapter 160A, Article 19, Part 3C, of the North Carolina General
Statutes, there is hereby established the Orange County Historic Preservation Commission,
hereafter referred to as the "Commission ", consisting of seven (7) members. Members shall
serve without compensation, but they may be reimbursed for incidental expenses incurred in
connection with official duties.
Section 1.2 Qualifications
Amended
6/7/1993
Each member shall reside within the territorial jurisdiction of Orange County. In
addition, all members of the Commission shall have demonstrated special interest, experience or
education in history, architecture, landscape architecture, archaeology or related fields.
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Section 1.3 Tenure
(a) Each member of the Commission shall be appointed by the Board of County
Commissioners. The tenure of office shall be three (3) years, and appointments shall be made so
that one -third (1/3) of the terms expire in February of each calendar year.
(b) Members are eligible for reappointment for a second consecutive full term.
However, after two (2) consecutive terms, a member shall be ineligible for reappointment for one
year after the expiration of the previous terms. In determining eligibility of reappointment,
appointments made to fill vacancies for unexpired terms shall not be counted as a term.
Section 1.4 Meetings
(a) A quorum for conducting business of the Commission shall be a majority of the
appointed members. The Commission shall meet at least once each month; provided, however, a
regularly scheduled meeting may be canceled due to inclement weather, due to the lack of a
quorum of members or due to a lack of business to conduct.
(b) All meetings of the Commission shall be open to the public, and the Commission
shall cause notices to be given as required by Article 33 -C, Chapter 143 of the North Carolina
General Statutes, G.S. § 143 -318.9 et seq., as amended. A public record shall be kept of the
Commission's resolutions, proceedings, and actions.
Section 1.5 Attendance of Meetings
(a) Attendance at the regular meetings of the Commission shall be considered a
prerequisite for maintenance of membership on the Commission. The County Commissioners
may declare a vacancy on the Commission because of a member's non - attendance.
(b) Absence due to sickness, death of an immediate family member or similar reason
shall be considered approved absences and shall not affect the member's status. In the event of
long illness or other cause for prolonged absence, the member shall be replaced.
Section 1.6 Rules of Procedure
Prior to any official action, the Commission shall adopt rules of procedure governing its
meetings and the conduct of official business, and bylaws governing the election of officers and
related matters. The Commission may appoint advisory bodies and committees as appropriate.
Section 1.7 Powers and Duties
Amended
2/22/2006
10/5/2010
The powers and duties of the Commission are as follows:
(1) Undertake an inventory of properties of historical, prehistorical, architectural, and/or
cultural significance.
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(2) Recommend to the County Commissioners areas to be designated by ordinance as
"historic districts" and individual structures, buildings, sites, areas or objects to be
designated by ordinance as "landmarks ".
(3) Recommend to the County Commissioners that designation of any area as a historic
district, or part thereof, or designation of any building, structure, site, area or object as a
landmark, be revoked or removed for cause.
(4) Review and act upon proposals for alterations, demolition or new construction within
historic districts, or for the alteration or demolition of designated landmarks.
(5) Conduct an educational program with respect to historic districts and landmarks within its
jurisdiction.
(6) Cooperate with State, Federal, and local governments in pursuance of the purposes of this
ordinance, and to offer or request assistance, aid, guidance or advice concerning matters
under its purview or of mutual interest. The County Commissioners, or the Commission
when authorized by the Commissioners, may contract with the State or the United States,
or any agency of either, or with any other organization provided the terms are not
inconsistent with State or Federal law.
(7) 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 express
consent of the owner or occupant thereof.
(8) Prepare and recommend updates to the Cultural Resources Chapter of the Natural and
Cultural Systems Element as part of the Comprehensive Plan.
(9) Recommend to the Board of County Commissioners that it acquire by any lawful means
the fee or any lesser included interest, including options to purchase, to properties within
established districts or to any such properties designated as landmarks; 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.
Article 2. Procedures for Establishing Historic Districts
Historic districts, as provided for in this Section, may be designated, amended or
repealed, but not until the following procedures have been carried out. Where historic districts
are to be designated, they shall be established as districts which overlay other zoning districts as
set forth in the Orange County Zoning Ordinance.
Section 2.1 Inventory Required
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(a) As a guide for the identification and evaluation of historic districts, the
Commission shall, at the earliest possible time and consistent with the resources available to it,
undertake an inventory of properties of historical, architectural, prehistorical, and cultural
significance within the unincorporated portions of Orange County.
(b) Following completion of the inventory, the Commission shall submit a copy of
the inventory as expeditiously as possible to the Division of Archives and History. The
Commission shall also notify each property owner of the significance of his/her property and/or
the structures located thereon. The Commission shall also inform the property owner of the
procedures for designation of historic districts.
Section 2.2 Preparation of Designation Report
Amended
6/7/1993
If, upon completion of the inventory and the notification of property owners, a property
owner or property owners, the Commission or the Board of Commissioners wishes to
recommend the designation of a historic district or districts, the Historic Preservation
Commission shall make or cause to be made an investigation and report which includes the
following:
(1) The names and addresses of the current owners of property in the proposed district(s).
(2) A map showing the boundaries of the proposed district(s).
(3) Photographs that clearly depict the buildings, structures, sites, areas or objects included in
the proposed district(s).
(4) An assessment of the significance of the buildings, structures, sites, areas or objects in
terms of their historical, prehistorical, architectural, or cultural importance. The
assessment should include an architectural or archaeological description, including the
date of construction and any later alterations.
(5) Proposed amendment to the Zoning Ordinance and Zoning Atlas to establish the historic
district as an overlay zoning district.
(6 Proposed design review principles and guidelines governing new construction and
exterior changes to buildings, structures, and appurtenant features within the historic
district.
Section 2.3 Initial Consideration of Designation Report by Commission
Amended
2/22/2006
10/5/2010
(a) Upon completion of the designation report, the Department of Environment,
Agriculture, Parks and Recreation shall submit its findings to the Commission. Prior to the
meeting of the Commission at which the report will be considered, written notice shall be sent by
certified mail to all affected property owners not less than seven (7) days before the meeting date.
Property owners are those whose names and addresses are currently listed in the Orange County
tax records.
(b) At the meeting, the Commission may accept the designation report, accept it with
amendments, reject it or recommend it for further study. No historic district shall be accepted for
designation unless it is deemed to be of special significance in terms of its historical,
prehistorical, architectural or cultural importance. Such district must also possess integrity of
design, setting, workmanship, materials, feeling and/or association.
(c) If the report is accepted or accepted with amendments, the Commission shall
forward a copy to the N.C. Department of Cultural Resources and the Planning Board in
accordance with the provisions of Sections 2.4 and 2.5 below.
Section 2.4 Review by the N.C. Department of Cultural Resources
(a) The N.C. Department of Cultural Resources, acting through the State Historic
Preservation Officer or his or her designee, 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 Commission within thirty (30) calendar
days after a written request for such analysis has been received by the N.C. Department of
Cultural Resources shall relieve the Commission and the Board of County Commissioners of any
responsibility for awaiting such analysis.
(b) Changes in the boundaries of an initial district or proposals for additional districts
shall also be submitted to the N.C. Department of Cultural Resources in accordance with the
provisions this Section.
Section 2.5 Review by the Planning Board &Other Advisory Boards
Amended
2/22/2006
10/5/2010
(a) With respect to the initial establishment of a historic district, the designation
report and the review comments of the N.C. Department of Cultural Resources shall be referred
to the Planning Board, and when appropriate, the Agricultural Preservation Board for review and
comment. The Commission may also, in its discretion, refer the report and the proposed
boundaries to any other interested body for its recommendations. Failure of the Planning Board,
Agricultural Preservation Board or Commission for the Environment to provide its comments to
the Commission within forty-five (45) calendar days after a request for such comments has been
received by these boards shall relieve the Commission of any responsibility for awaiting such
comments.
(b) Changes in the boundaries of an initial district or proposals for additional districts
shall also be submitted to the Planning Board, and when appropriate, the Agricultural
Preservation Board in accordance with the provisions this Section.
Section 2.6 Final Consideration of Designation Report by Commission
Amended
2/22/2006
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10/5/2010
(a) Upon receipt of comments from the N.C. Department of Cultural Resources, or
the expiration of the 30 -day period specified in Section 2.4, and the Planning Board, the
Commission may recommend to the Board of County Commissioners that the historic district be
designated.
(b) Prior to the meeting of the Commission at which the recommendation will be
considered, written notice shall be sent to all affected property owners in accordance with the
notification procedures set forth in Section 2.3 above.
(c) If the Commission recommends that the historic district be designated, it shall
submit a copy of the designation report, the comments of the N.C. Department of Cultural
Resources, Planning Board, and when appropriate, the Agricultural Preservation Board, and the
minutes of the meetings at which the designation was considered to the Board of County
Commissioners, requesting that a joint public hearing as required by Section 2.7 be called on the
proposal.
Section 2.7 Public Hearing and Notice Thereof
A joint public hearing involving the Commission, the Planning Board, and the Board of
County Commissioners shall be held before adoption of a proposed ordinance designating a
historic district. The public hearing shall be advertised, and property owners shall be notified, in
accordance with the provisions of - Amendments of the Zoning Ordinance.
Section 2.8 Planning Board Action Subsequent to Public Hearing
(a) Within 60 days following the date of the public hearing, the Planning Board shall
prepare and submit to the Commission a recommendation concerning the disposition of the
proposed historic district designation. The Planning Board may recommend:
(1) Approval of the designation as proposed;
(2) Approval of the designation subject to conditions; or
(3) Denial of the designation.
(b) Failure of the Planning Board to submit a recommendation within the required
time shall be considered a favorable recommendation, without conditions.
Section 2.9 Commission Action Subsequent to Public Hearing
(a) Upon receipt of the Planning Board recommendation, the Commission shall
prepare and submit to the Board of Commissioners a recommendation concerning the disposition
of the proposed ordinance. The Commission may recommend:
(1) Approval of the designation as proposed;
(2) Approval of the designation subject to conditions; or
(3) Denial of the designation.
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(b) If the Commission recommends approval of the historic district designation, it
shall include the recommendation of the Planning Board and the minutes of the meeting at which
the designation was considered by the Commission.
Section 2.10 Board Action Subsequent to Public Hearing
(a) Upon complying with the historic district designation procedures set forth above,
the Board of Commissioners may consider the adoption and from time to time the amendment or
repeal of an ordinance designating a historic district. However, the Board of Commissioners shall
not consider enactment of a proposed ordinance until 60 days after the date of the public hearing
or until the Commission prepares its recommendation, whichever comes first. The Board of
Commissioners may:
(1) Approve the designation as proposed;
(2) Approve the designation subject to conditions; or
(3) Deny the designation.
(b) Upon the establishment of a historic district, its boundaries shall be shown on the
official Orange County Zoning Atlas, and the use and development of any land or structure
within a historic district shall comply with use regulations and dimensional requirements
applicable to the underlying zoning district. For each building, structure, site, area or object
located in the historic district, the waiting period set forth in Section 5.9 of this ordinance shall
be observed prior to its demolition.
Article 3. Procedures for Designating Historic Landmarks
Historic landmarks, as provided for in this Section, may be designated, amended or
repealed, but not until the following procedures have been carried out.
Section 3.1 Inventory Required
(a) As a guide for the identification and evaluation of landmarks, the Commission
shall, at the earliest possible time and consistent with the resources available to it, undertake an
inventory of properties of historical, architectural, prehistorical, and cultural significance within
the unincorporated portions of Orange County.
(b) Following completion of the inventory, the Commission shall submit a copy of
the inventory as expeditiously as possible to the Division of Archives and History. The
Commission shall also notify each property owner of the significance of his/her property and/or
the structures located thereon. The Commission shall also inform the property owner of the
procedures for requesting designation of his/her property as a historic landmark.
Section 3.2 Procedure for Submission of Application for Designation
To receive consideration for designation of a property as a historic landmark, a property
owner must make application on forms provided by the Commission. Application for such
designation is on a voluntary basis by the owner as currently listed in the Orange County tax
records.
Section 3.3 Preparation of Designation Report
Amended
6/7/1993
The Historic Preservation Commission shall, within 30 -days of the receipt of a complete
application, make or cause to be made an investigation and report on the historic, architectural,
archaeological or cultural significance of the building, structure, site, area or object proposed for
designation. The 30 -day period may be extended with the consent of the applicant. Such report
shall consist of a concise statement of exactly what is being proposed for designation and shall
include, but not be limited to, the following:
(1) The name and address of the current property owner.
(2) A map showing the location of the property, including any buildings and appurtenant
features.
(3) Photographs that clearly depict the building, structure, site, area or object proposed for
designation, including facades, details, and siting. Where outbuildings are proposed for
designation, they shall be described, photographed, and mapped as well.
( 4) An assessment of the significance of the site and/or structure in terms of its historical,
prehistorical, architectural, or cultural importance. The assessment should include an
architectural or archaeological description and a historical discussion of the site and/or
structure, including the date of construction and any later alterations. Where land is
included in the proposed designation, the report shall clearly justify its inclusion.
Section 3.4 Initial Consideration of Designation Report by Commission
Amended
2/22/2006
10/5/2010
(a) The Department of Environment, Agriculture, Parks and Recreation shall submit
the application for historic landmark designation and accompanying designation report to the
Commission at the first regular meeting after the expiration of the 30 -day period specified in
Section 3.3 or any extension thereof.
(b) Prior to the meeting of the Commission at which the application and report will be
considered, written notice shall be sent by certified mail to the affected property owner and all
adjacent owners not less than seven (7) days before the meeting date. Adjacent property owners
are those whose names and addresses are currently listed in the Orange County tax records and
whose property lies within 500 feet of the affected property.
(c) At the meeting, the Commission may accept the designation report, accept it with
amendments, reject it or recommend it for further study. No property shall be accepted for
designation as a landmark unless it is deemed and found by the Commission to be of special
significance in terms of its historical, prehistorical, architectural, or cultural importance, and to
possess integrity of design, setting, workmanship, materials, feeling, and/or association.
(d) If the report is accepted or accepted with amendments, the Commission shall
forward a copy to the N.C. Department of Cultural Resources in accordance with the provisions
of Section 3.5 below.
Section 3.5 Review by the N.C. Department of Cultural Resources
The N.C. Department of Cultural Resources, acting through the State Historic
Preservation Officer or his or her designee shall, either upon request of the Department or at the
initiative of the Commission, be given an opportunity to review and comment upon the substance
and effect of the designation of any landmark. All comments will be provided in writing. If the
Department does not submit its comments to the Commission within thirty (30) days following
receipt by the Department of the report, the Commission and the Board of County
Commissioners shall be relieved of any responsibility to consider such comments.
Section 3.6 Final Consideration of Designation Report by Commission
(a) Upon receipt of comments from the N.C. Department of Cultural Resources or the
expiration of the 30-day period specified in Section 3.5, the Commission may recommend to the
Board of County Commissioners that the property be designated as a historic landmark.
(b) Prior to the meeting of the Commission at which the recommendation will be
considered, written notice shall be sent to the affected property owner and all adjacent owners in
accordance with the notification procedures set forth in Section 3.4 above.
(c) If the Commission recommends that the property be designated as a historic
landmark, it shall submit a copy of the designation report, the comments of the N.C. Department
of Cultural Resources, the minutes of the meetings at which the designation was considered, and
a proposed ordinance of designation to the Board of County Commissioners, requesting that a
joint public hearing as required by Section 3.7 be called on the proposed ordinance.
Section 3.7 Public Hearing and Notice Thereof
(a) A joint public hearing involving the Commission and the Board of County
Commissioners shall be held before adoption of a proposed ordinance designating a historic
landmark. Notice of the public hearing shall be published once a week for two successive
calendar weeks. The notice shall give the date, time, and place of the public hearing, and shall be
published the first time not less than 10 days nor more than 25 days before the date fixed for the
hearing. In computing such period, the day of publication is not to be included but the day of the
hearing shall be included.
(b) Written notice shall also be sent by certified mail to the affected property owner
and all adjacent owners not less than 15 days before the hearing date. Adjacent property owners
are those whose names and addresses are currently listed in the Orange County tax records and
whose property lies within 500 feet of the affected property.
Section 3.8 Commission Action Subsequent to Public Hearing
(a) Within 60 days following the date of the public hearing, the Commission shall
prepare and submit to the Board of Commissioners a recommendation concerning the disposition
of the proposed ordinance. The Commission may recommend:
(1) Adoption of the ordinance as proposed;
(2) Adoption of ordinance subject to conditions; or
(3) Denial of the ordinance.
(b) Failure of the Commission to submit a recommendation within the required time
shall be considered a favorable recommendation, without conditions. The time limit may be
extended upon request of the applicant.
Section 3.9 Board Action Subsequent to Public HearinE
(a) Upon complying with the required landmark designation procedures set forth
above, the Board of Commissioners may consider the adoption and from time to time the
amendment or repeal an ordinance designating a historic landmark. The ordinance shall contain
a concise statement of exactly what is designated as a landmark, the name or names of the owner
or owners of the property, those elements of the property that are integral to its historical,
architectural or prehistorical value, including the land 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 landmark, the ordinance shall require that the waiting period set forth
in Section 5.9 this ordinance be observed prior to its demolition.
(b) The Board of Commissioners shall not consider enactment of a proposed
ordinance until 60 days after the date of the public hearing or until the Commission prepares its
recommendation, whichever comes first. The Board of Commissioners may:
(1) Approve the adoption of the ordinance as proposed;
(2) Approve the adoption of the ordinance subject to conditions; or
(3) Deny the adoption of the ordinance.
(c) If the Board of Commissioners denies the adoption of an ordinance designating a
historic landmark, written notice shall be sent by certified mail to the property owner within five
(5) working days of the Board's decision.
Section 3.10 Action Subsequent to Board Approval
Amended
2/22/2006
10/5/2010
(a) Upon adoption of the ordinance, the owners and occupants of each landmark shall
be given written notification of such designation by certified mail. In addition, copies of the
ordinance and all amendments thereto shall be distributed as follows:
(1) A copy of the ordinance and all amendments thereto shall be filed by the Commission in
the Office of the Register of Deeds. Each landmark shall be indexed according to the
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name of the owner of the property in the grantor and grantee indexes in the Register of
Deeds Office and the Commission shall pay a reasonable fee for filing and indexing.
(2) A copy of the ordinance and all amendments thereto shall be kept on file in the Office of
the Clerk to the Board of County Commissioners and be made available for public
inspection at any reasonable time.
(3) A copy of the ordinance and all amendments thereto shall be submitted to the Department
of Environment, Agriculture, Parks and Recreation..
(4) A copy of the ordinance and all amendments thereto shall be given to the Tax Supervisor.
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.
(b) The fact that a building, structure, site, area or object has been designated a
landmark shall be clearly indicated on all tax maps maintained by Orange County for such period
as the designation remains in effect.
(c) A suitable sign for each property designated as a landmark may be placed on the
property at the owner's consent. Otherwise, the sign may be placed on a nearby public right -of-
way.
Article 4. Procedures for Reviewing Proposed Nominations
to the National Register of Historic Places
Amended
8/8/1994
Nominations to the National Register of Historic Places must be reviewed by the North
Carolina National Register Advisory Committee with final approval by the National Park
Service. The procedures contained in this Article must be followed by Orange County before a
proposed nomination may be forwarded to the State.
Section 4.1 Study List Status Required
(a) Before a formal nomination to the National Register may be presented, the North
Carolina National Register Advisory Committee must determine if a site or district is potentially
eligible and place it on the Study List.
(b) Once the site is on the Study List, a nomination may be prepared in the form
prescribed by the National Park Service under the supervision of the State Historic Preservation
Office.
Section 4.2 Review of Proposed National Register Nominations
(a) Once the nomination is determined to be complete and accurate by the State
Historic Preservation Office, the County will be notified by the State within thirty (30) days of
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acceptance of the nomination and at least sixty (60) days prior to consideration of the nomination
by the North Carolina National Register Advisory Committee.
(b) Within sixty (60) days of receipt of the notice and the nomination, the Board of
County Commissioners and the Historic Preservation Commission shall each notify the State
Historic Preservation Office and the applicant of its opinion concerning the nomination. Failure
to notify the State within sixty (60) days shall constitute an approval of the nomination.
Section 4.3 Public Hearing and Notice Thereof
During the 60 -day review period, the Historic Preservation Commission shall implement
the following measures to provide reasonable opportunity for public comment:
(1) The Historic Preservation Commission shall hold a public hearing;
(2) Notice of the public hearing shall be published once a week for two successive calendar
weeks. The notice shall give the date, time, and place of the public hearing. It shall be
published the first time not less than 10 days nor more than 25 days before the date set for
the hearing. In computing such period, the day of publication is not to be included;
however, the day of the hearing shall be included;
(3) Written notice shall be sent by certified mail to the affected property owner(s) and all
adjacent owners not less than 15 days before the hearing date. Adjacent property owners
are those whose names and addresses are currently listed in the Orange County tax
records and whose property is within 500 feet of the affected
property(ies); and
(4) Comments shall also be solicited from other interested local groups and individuals.
Section 4.4 Commission Action Subsequent to Public Hearing
Following the close of the public hearing on the proposed nomination, the Commission
shall:
(1) Forward a recommendation to the Board of Commissioners concerning the nomination;
(2) Notify the applicant and the State Historic Preservation Office regarding its
recommendation. If the Commission finds that the nominated resource does not meet the
National Register criteria for listing, it must state in writing the reasons why the site or
district should not be nominated; and
(3) Submit to the State Historic Preservation Office a record of the measures taken to notify
the public and the comments received.
Section 4.5 Board Action on the Nomination
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(a) Within the 60 -day deadline prescribed in Section 4.2, the Board of
Commissioners shall receive the recommendation of the Historic Preservation Commission
regarding the nomination. The Board shall either:
(1) Find that the nominated resource does meet the National Register criteria for listing;
(2) Find that the nominated site or district does not meet said criteria and state the reason(s)
why the resource should not be nominated; or
(3) Take no action, which constitutes an approval.
(b) The Board shall notify the applicant and the State Historic Preservation Office
regarding its action on the nomination.
Section 4.6 State Action on the Nomination
(a) If both the Board of County Commissioners and the Historic Preservation
Commission agree that the property is eligible and should be nominated, or if only one makes a
negative finding on the nomination, the State Historic Preservation Officer will place the
nomination before the North Carolina National Register Advisory Committee for consideration at
the earliest possible quarterly meeting.
(b) If both the County Commissioners and the Historic Preservation Commission
make negative findings on the nomination, the nomination materials shall be returned to the
State. The State shall take no further action unless, within thirty (30) days of the return of the
nomination, a written appeal is filed with the State Historic Preservation Office by any interested
third party. If such an appeal is filed, the State Historic Preservation Officer shall place the
nomination before the National Register Advisory Committee at the earliest possible quarterly
meeting.
(c) After a nomination is recommended by the National Register Advisory
Committee and signed by the State Historic Preservation Officer, the nomination shall be
transmitted to the National Register. The State shall include with its recommendation the
comments and opinions of the Board of County Commissioners and the Historic Preservation
Commission, together with any appeal which may have been filed.
Article 5. Certificate of Appropriateness
Amended
8/8/94
10/5/2010
Section 5.1 General Provisions
(a) From and after the designation of a landmark or a historic district, no exterior
portion of any building or other structure nor any type of above - ground utility structure or
outdoor advertising sign shall be erected, altered, restored, moved or demolished on such
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landmark or within the historic district until after an application for a Certificate of
Appropriateness as to exterior features has been submitted to and approved by the Commission.
(b) Where a building permit or other permit is required for the purposes of
constructing, altering, moving, deconstructing or demolishing buildings or structures, a
Certificate of Appropriateness shall be approved by the Commission prior to the issuance of the
permits. A Certificate may be issued subject to reasonable conditions but shall be required
whether or not a building or other permit is required.
(c) For purposes of this Ordinance, "exterior features" shall include the following:
(1) The architectural style, general design, and general arrangement of the exterior of a
building or other structure, including:
a. The kind and texture of the building material;
b. The size and scale of the building or structure; and
C. The type and style of all windows, doors, fences, steps and pavement, light
fixtures, signs, and other appurtenant features.
(2) Historic signs, significant landscapes, and archaeological and natural features of the area.
(3) In the case of outdoor advertising signs, "exterior features" shall be construed to mean the
style, material, size and location of all such signs.
(d) Except as provided in (e) below, the Commission shall have no jurisdiction over
interior arrangement and shall take no action under this Ordinance except to prevent the
construction, reconstruction, alteration, restoration, moving or demolition of buildings,
structures, appurtenant features, outdoor advertising signs or other significant features which
would be incongruous with the special character of a historic district or landmark.
(e) Notwithstanding subsection (d) of this section, jurisdiction of the Commission
over interior spaces shall be limited to specific interior features of architectural, artistic or
historical significance in publically owned landmarks; and of privately owned historic landmarks
for which consent for interior review has been given by the owner. Said consent of an owner for
interior review shall bind future owners and/or successors in title, provided such consent has
been filed in the Office of the Register of Deeds and indexed according to the name of the owner
of the property in the grantee and grantor indexes. The landmark designation shall specify the
interior features to be reviewed and the specific nature of the Commission's jurisdiction over the
interior.
(f) The State of North Carolina, including its agencies, political subdivisions, and
instrumentalities, Orange County, and all public utilities shall be required to obtain a Certificate
of Appropriateness for construction, alteration, moving, deconstructing or demolition within a
historic district or on designated landmarks.
Section 5.2 Certain Changes Not Prohibited
14
(a) Nothing in this Ordinance shall be construed to prevent the ordinary maintenance
or repair of any exterior architectural feature in a historic district or on a landmark which does
not:
(1) Involve a change in design, materials or outer appearance thereof; or
(2) Involve the construction, reconstruction, alteration, restoration or demolition of any such
feature which the Building Inspector shall certify is required by the public safety because
of an unsafe or dangerous condition.
(b) Nothing herein shall be construed to prevent the maintenance of or, in the event of
an emergency, the immediate restoration of any existing above - ground utility structure without
approval by the Commission.
Section 5.3 Administrative Approval of Minor Improvements
Amended
2/22/2006
Minor improvements are defined as those exterior changes which do not involve
substantial alterations, additions or removals that could impair the integrity of the property, and/or
district as a whole. Such minor improvements may be approved by the Department of
Environment, Agriculture, Parks and Recreation ( DEAPR), but shall be limited to those listed in
the Commissions "Rules of Procedure." All minor improvements applications approved by the
DEAPR shall be forwarded to the Commission in time for its next scheduled meeting. No
application may be denied without the formal action of the Commission.
Section 5.4 Application for Certificate of Appropriateness
Amended
2/22/2006
10/5/2010
(a) Applications for a Certificate of Appropriateness shall be obtained from and when
completed, filed with the Department of Environment, Agriculture, Parks and Recreation
( DEAPR). Each application shall be accompanied by sketches, drawings, photographs,
specifications, descriptions, and other information of sufficient detail to clearly show the
proposed exterior alterations, additions, changes or new construction. Applications which are not
complete or do not comply with the provisions of this Ordinance shall not be accepted by the
DEAPR but shall be returned to the applicant with a notation of the deficiencies in the
application.
(b) The DEAPR shall, within 30 days of the receipt of an application, make or cause
to be made an investigation and report on whether the exterior portion of buildings, structures,
and their appurtenant features within historic districts or on buildings, structures, sites, areas or
objects designated as landmarks, are congruous with the historic aspects of the district or
landmark. The 30 -day period may be extended with the consent of the applicant.
15
Section 5.5 Consideration of Application by Commission
Amended
2/22/2006
10/5/2010
(a) The Department of Environment, Agriculture, Parks and Recreation (DEAPR)
shall submit the application for a Certificate of Appropriateness to the Commission at the first
regular meeting after the expiration of the 30 -day period specified in Section 5.4 or any extension
thereof.
(b) Prior to the meeting of the Commission at which the application will be
considered, written notice shall be sent by certified mail to the affected property owner and all
adjacent owners not less than fifteen (15) days before the meeting date. Adjacent property
owners are those whose names and addresses are currently listed in the Orange County tax
records and whose property lies within 500 feet of the affected property.
(c) Prior to the issuance or denial of a Certificate of Appropriateness, the applicant
and other property owners likely to be materially affected by the application shall be given an
opportunity to be heard. When deemed advisable, the Commission may hold a public hearing on
any application.
(d) The Commission shall endeavor to act upon applications for Certificates of
Appropriateness at the meeting at which the DEAPR's report is submitted. The action on an
application shall be approval, approval with conditions, or denial. The Commission may delay its
decision up to ninety (90) days in order to request additional information from the applicant or to
seek advice as provided in Section 5.6 (b) below. An extension of time may be granted by
mutual consent of the Commission and the applicant, not to exceed one hundred eighty (180)
days from the time that the application was deemed complete and filed the DEAPR.
Section 5.6 Review Standards
(a) No Certificate of Appropriateness shall be granted unless the Commission finds
that the application complies with the principles and guidelines adopted by the Commission for
review of such changes. It is the intent of these principles and guidelines to insure insofar as
possible that the exterior portion of buildings, structures, and their appurtenant features within
historic districts or on buildings, structures, sites, areas or objects designated as landmarks, shall
be congruous with the historic aspects of the district or landmark.
(b) As part of the review procedures, the Commission may view the premises and
seek the advice of the N.C. Department of Cultural Resources or other such expert advice as it
may deem necessary under the circumstances.
(c) The Secretary of the Interior's "Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings "shall be the sole principles and guidelines used in reviewing
applications of the State of North Carolina for Certificates of Appropriateness.
Section 5.7 Appeals of Commission Actions
Amended
IWit
10/5/2010
(a) In any action granting or denying a Certificate of Appropriateness, an appeal by an
aggrieved party may be taken to the Board of Adjustment. Written notice of the intent to appeal
must be sent to the Commission, postmarked within thirty (30) days following the decision.
Appeals shall be in the nature of certiorari. Appeals of decisions of the Board of Adjustment
shall be heard by the Superior Court of Orange County.
(b) The State of North Carolina shall have a right of appeal to the North Carolina
Historical Commission, which shall render its decision within thirty (30) days from the date that
a notice of appeal by the state is received by the Historical Commission. The decision of the
North Carolina Historical Commission shall be final and binding upon both the State and the
Orange County Historic Preservation Commission.
Section 5.8 Time Limitations on Certificates of Appropriateness
A Certificate of Appropriateness shall expire six (6) months after the date of issuance or,
in the case of demolition, six (6) months after the effective date of the Certificate, if the work
authorized by the Certificate has not been commenced. If, after commencement, the work is
discontinued for a period of six (6) months, the Certificate shall expire immediately. No work
authorized by a Certificate that has expired shall thereafter be performed until a new Certificate
has been secured.
Section 5.9 Delay in Demolition of Landmarks and Buildings within Historic Districts
Amended
6/7/1993
2/22/2006
(a) An application for a Certificate of Appropriateness authorizing the demolition or
destruction of a designated landmark or a building, structure or site within a historic
district may not be denied except as provided in Subsection (d) below. However, the
effective date of such a Certificate may be delayed for up to 365 days from the date of
approval. The period of delay shall be reduced by the Commission if it finds that the
owner would suffer extreme hardship or be permanently deprived of all beneficial use or
return from such property by virtue of the delay. During the delay period, the
Commission shall negotiate with the owner in an effort to find a means of preserving the
building, structure or site. If the Commission finds that a building, structure or site has
no special significance or value toward maintaining the character of a district, it shall
waive all or part of such period of delay and authorize earlier demolition or removal.
(b) If the Commission has voted to recommend the designation of a landmark or the
designation of an area as a historic district, and final designation has not been made by
the County Commissioners, the demolition or destruction of any building, structure or site
in the proposed district or on the property of the designated landmark may be delayed by
the Commission for up to 180 days or until the County Commissioners take final action
on the designation, which ever occurs first.
17
(c) The Board of Commissioners may enact an ordinance to prevent the demolition by -
neglect of any designated landmark or any structure or building within the established
historic district. Such ordinance shall provide appropriate safeguards to protect property
owners from undue hardship.
(d) An application for a Certificate of Appropriateness authorizing the demolition of a
building, structure or site determined by the N.C. State Historic Preservation Office as
having statewide significance as defined in the criteria of the National Register of
Historic Places may be denied except where the Commission finds that the owner would
suffer extreme hardship or be permanently deprived of all beneficial use or return by
virtue of the denial.
Article 6. Remedies and Legal Status Provisions
Amended
8/8/1994
Section 6.1 Remedies
In case any building, structure, site, area or object designated as a landmark or within a
historic district is about to be demolished, whether as a result of deliberate neglect or otherwise,
materially altered, remodeled, removed or destroyed, except in compliance with this Ordinance,
the Board of Commissioners or the Commission, with the approval of the Board of
Commissioners, may institute any appropriate action or proceeding 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 a building, structure,
site, area or object. Such remedies shall be in addition to any others authorized by Article 6,
Chapter 153A of the North Carolina General Statutes, G.S. § 153A -123 for violation of a county
ordinance.
Section 6.2 Conflict with other Laws
Whenever this Ordinance or any ordinance adopted pursuant to Part 3C of Article 19 of
Chapter 160A of the North Carolina General Statutes requires a longer waiting period or imposes
other higher standards with respect to a designated historic landmark or district than are
established under any other statute, charter provision or regulation, the provisions of this
Ordinance shall apply. Whenever the provisions of any other statute, charter provisions,
ordinance or regulation require a longer waiting period or impose other higher standards than are
established in this Ordinance, such statute, charter provision, ordinance or regulation shall
govern.
Adopted this 1st day of April, 1991.
Amended February 22, 2006
Amended October 5, 2010
ORANGE COUNTY
HISTORIC PRESERVATION COMMISSION
Rules of Procedure
Adopted
April 22, 1992 (Sections 1- 6)
May 27, 1992 (Sections 7 -11)
Amended February 22, 2006
Amended October 5, 2010
Table of Contents
SECTION 1: Introduction ................................................... ..............................1
1.1. Purpose ..................................... ............................... ..... 1
.....................
1.2. General ............................................................... ............................... 1
SECTION2: Officers ..................................................... ............................... .
2.1. General ............................................................... ...............................
2.2. Chair .................................................................. ...............................
2.3. Vice Chair ........................................................... ...............................
2.4. Secretary ............................................................ ............................... .
2.5. Election of Officers ............................................... ............................... .
2.6. Vacancy ............................................................. ............................... .
SECTION3: Meetings .................................................... ...............................
3.1. Regular Meetings ................................................... ...............................
3.2. Special Meetings ................................................... ...............................
3.3. Cancellation of Meetings .............. ......................... ...............................
3.4. Quorum .............................................................. ...............................
3.5. Order of Business .................................................. ...............................
3.6. Time Limits ......................................................... ...............................
3.7. Open Meetings ..................................................... ............................... .
3.8. Agenda .............................................................. ............................... .
3.9. Attendance .......................................................... ............................... .
SECTION 4: Conducting Business ..................................... ...............................
4.1. Decisions ............................................................ ...............................
4.2. Qualifications to Vote ............................................. ...............................
4.3. Impartiality Required ........................................... .. ............................... .
4.4. Conflict of Interest ................................................. ...............................
4.5. Motions .............................................................. ...............................
4.6. Debate ............................................................... ............................... .
4.7. Procedural Motions ................................................ ...............................
4.8. Suspension of Rules ................................................ ...............................
1
1
1
1
2
2
2
2
3.
3
3
3
3
4
4
4
5
5
5
5
6
6
6
7
7
8
SECTION 5: Amendments to Rules of Procedure .................. ............................... 8
SECTION 6: Notification of Zoning Change /Permit Applications ............................. 9
REVISIONS.................................................................. ............................... 9
SECTION 7: Application for Certificate of Appropriateness (COA) ........................
10
7.1.
Forms ................................................................ ...............................
10
7.2.
Submission to Department of Environment, Agriculture, Parks & Recreation.......
10
7.3.
Application Fee .................................................... ...............................
10
7.4.
Department of Environment, Agriculture, Parks & Recreation Review ................
10
7.5.
Application Deadline ............................................. ...............................
10
7.6.
Application Information ............... ...............................
7.7.
Additional Exhibits ............................................... ...............................
12
SECTION 8: Consideration of COA by Historic Preservation Commission ............... 12
8.1. Notification of Property Owners ............................... ............................... 12
8.2. Agenda and Staff Report Mailed to Commission ............ ............................... 12
8.3. Hearings ............................................................ ............................... 12
SECTION 9: Issuance of a COA ....................................... ............................... 13
9.1. Approval Stamp ................................................... ............................... 13
9.2. Approval of Modified Drawings ............................ :.................................. 13
9.3. COA Expiration ................................................... ............................... 14
SECTION 10: Appeals of Commission Action Involving a COA ............................. 14
10.1. Appeals Time Limit ............................................. ............................... 14
SECTION 11: Administrative Approval of COAs ................. ............................... 14
11.1. Normal Maintenance ............................................ ............................... 14
11.2. Minor Improvements ............................................ ............................... 15
11.3. Major Modifications ............................................ ............................... 16
REVISIONS................................................................. ............................... 17
County of Orange, Historic Preservation Commission Rules of Procedure, Adopted April 22, 1992
SECTION 1:
RULES OF PROCEDURE
1.1. Purpose. To establish procedures for organizing the business of the
Orange County Historic Preservation Commission, hereafter referred to
as the Commission, in executing its duties and responsibilities.
1.2. General. The Commission shall be governed by the terms of the
Historic Preservation Commission Ordinance and by the terms of
Chapter 160A, Article 19, Part 3C, of the N.C. General Statutes as they
may be amended or revised and by these rules to the extent that they do
not conflict with the law. For procedures not covered by these rules, the
Commission shall follow the rules contained in Robert's Rules of Order,
Revised, except that the legal requirements for Certificates of
Appropriateness will supersede Robert's Rules.
SECTION 2: Officers
Amended
2/24/1993
2/22/2006
10/5/2010
2.1. General. The Commission shall be composed of seven (7)
members, all of whom shall have demonstrated special interest,
experience, or education in history, architecture, landscape architecture,
archaeology or related fields. All members shall reside within the
territorial jurisdiction of Orange County.
2.2. Chair. The Chair shall preside at all meetings and public
hearings, make committee appointments, and decide all points of order
and procedure subject to these rules unless directed otherwise by a
majority of the Commission in session at that time. The Chair shall have
the right to vote but shall not have the right to break a tie vote in which
he or she participated.
2.3. Vice Chair. The Vice Chair shall serve as acting Chair in the absence
of the Chair and at such time have all the powers, duties, and voting
rights as the Chair.
1
County of Orange, Historic Preservation Commission Rules of Procedure, Adopted April 22, 1992
2.4. Secretary. The Orange County Cultural Resources Specialist shall
serve as Secretary to the Commission. The Secretary, or his/her
designee, subject to the direction of the Chair and Commission, shall
keep all records, shall conduct all correspondence of the Commission,
and shall generally supervise the clerical work of the Commission. The
Secretary, or his/her designee, shall keep the minutes of every meeting
of the Commission. The minutes shall show the record of all important
facts pertaining to each meeting, every resolution acted upon by the
Commission and all votes of the Commission members upon any
recommendation, resolution or upon the final determination of any
questions before the Commission, indicating the names of members
absent or failing to vote.
2.5. Election of Officers. The Chair and Vice Chair shall be elected annually
at the Commission's first meeting in February. The Chair and Vice
Chair shall serve terms of one (1) year and shall be eligible for re-
election. They shall be eligible to succeed themselves for not more than
three (3) terms. A majority of members present shall be necessary to
elect officers.
2.6. Vacancy.
a. A vacancy in the office of Chair shall be filled by the Vice Chair
succeeding to the office for the balance of the unexpired term.
b. A vacancy in the office of Vice Chair (including a vacancy due to
2.6.a. above) shall be filled by election of a Vice Chair from the
Commission for the balance of the unexpired term.
SECTION 3: Meetings
Amended
2/24/1993
2/22/2006
10/5/2010
3.1. Regular Meetings. Regular meetings of the Commission shall be held on
the fourth Wednesday of each month at 7:00 p.m. in the Environment &
Agricultural Center. Regular meetings will be adjourned by 10:30 p.m.
but may be continued past that time with a unanimous vote of members
present. When the regular meeting day falls on a legal holiday, the
Commission may call a special meeting in accord with Section 3.2
below.
2
County of Orange, Historic Preservation Commission Rules of Procedure, Adopted April 22, 1992
3.2. Special Meetings. Special meetings may be called by the Chair or by
written request of two (2) members of the Commission submitted to the
Commission or Chair. Written or oral notice of special meetings shall
be given to all members at least forty-eight (48) hours prior to the
meeting and shall state the time, place, and purpose of the meeting.
3.3. Cancellation of Meetings. Whenever there is no business to come before
the Commission, the Chair may dispense with a regular meeting by
giving notice to all members not less than twenty -four (24) hours prior to
the time set for the meeting.
3.4. Quorum. A quorum shall consist of four (4) members of the
Commission. The number required for a quorum shall not be affected
by vacancies. A member who has withdrawn from a meeting without
being excused by a majority vote of the remaining members present shall
be counted as present for the purpose of determining whether or not a
quorum is present.
3.5. Order of Business. The order of business at regular meetings shall be as
follows:
a. Call to Order
b. Roll Call
C. Introduction of Guests /Visitors
d. Consideration of Additions to Agenda
e. Approval of Minutes
f. Reports
g. Public Hearings
h. Items for Decision
L Discussion Items
j. Informational Items
k. Adjournment
3
County of Orange, Historic Preservation Commission Rules of Procedure, Adopted April 22, 1992
The order of business may be varied by unanimous consent of the
members present.
3.6. Time Limits.
a. The Commission may limit the length of a meeting or set a time
for adjournment by a concurring vote of a simple majority of
those members present.
b. The Chair may limit the time each person at a public hearing is
allowed to speak.
3.7. Open Meetings. All regular and special meetings, public hearings,
records, and minutes of the Commission shall be open to the public,
provided; however, the Commission shall have the power to meet in
executive session providing appropriate procedural necessities are
complied with as prescribed in North Carolina's Open Meeting Law,
N.C. General Statutes § 143 -318.1 to § 143 -318.7 (1974). The press
shall be notified by telephone or in person of special meetings at least
forty -eight (48) hours prior to the meeting.
3.8. Agenda.
a. The agenda for each regular or special meeting or public hearing
shall be prepared by the Secretary of the Commission, following
consultation with the Chair.
b. The agenda for each meeting shall be mailed to all members no
later than five (5) days prior to the scheduled meeting or hearing,
except in the case of special meetings called under Section 3.2. in
which the agenda will be delivered or orally transmitted, as
appropriate, to the members no later than forty -eight (48) hours
prior to the scheduled meeting or hearing.
C. No business, either old or new, may be considered by the
Commission unless such item is approved for consideration by a
majority vote of the members present. Such item shall be for
discussion purposes only, and no decision shall be made on such
item until a subsequent meeting.
F1,
County of Orange, Historic Preservation Commission Rules of Procedure, Adopted April 22, 1992
3.9. Attendance.
a. A member who will be unable to attend the regular meeting of the
Commission must contact the Chair or Secretary at least 24 hours
before the scheduled meeting and indicate the general reason for
being absent. Earlier notification is encouraged. The
Commission will be notified of the absence and reason at the
meeting.
b. Any members of the Commission who miss more than three
consecutive meetings or public hearings, or who miss more than
one -half of the meetings in a calendar year, for something other
than an approved absence as determined by the Chairperson, may
lose their status as member of the Commission and may be
replaced by the Board of Commissioners.
C. Absence due to sickness, death of an immediate family member,
professional leave, or other valid reason shall be considered
approved absence and shall not affect the member's status.
d. In the event of a long illness or other cause for prolonged
. absence, the member may be replaced.
SECTION 4: Conducting
4.1. Decisions. The vote of a majority of those members present shall be
sufficient to decide any matter before the Commission, provided a.
quorum is present. No member shall be excused from voting except as
required in Section 4.2. or Section 4.4. In all other cases, a failure to
vote by a member who is physically present in the meeting room or who
has withdrawn without being excused by a majority vote of the
remaining members, shall be recorded as an affirmative vote. A
negative vote or a tie vote on a motion to approve a Certificate of
Appropriateness shall constitute a disapproval of the application. Voting
will be by roll call of the Commission members for decisions related to
the issuance of Certificates of Appropriateness or for other business for
which a roll call is deemed necessary by the Chair.
4.2. Qualifications to Vote. No Commission member shall vote on any
matter before the Commission unless that member shall have attended the
Commission's previous deliberations on such matter, or shall otherwise
5
County of Orange, Historic Preservation Commission Rules of Procedure, Adopted April 22, 1992
have the approval of the Chair to vote on such matter. The Chair's
approval shall be contingent on the assurance by the member that the
member has read any material distributed to the Commission members
related to the matter and the minutes of any meeting at which the matter
was discussed.
4.3. Impartiality Required. No Commission member shall discuss any
application with any parties prior to the Commission's deliberations on
such application unless the member has notified the Chair in advance of
such discussions. The major points of such discussions shall be entered
into the record of the minutes of the meeting at which an application is
considered.
Members may seek and /or receive information pertaining to the
application from any other member of the Commission or its staff prior
to the hearing. In addition, personal visits to view a site or building
prior to the hearing and which do not involve discussions with an
applicant are permitted.
4.4. Conflict of Interest. No Commission member shall take part in any
hearing, consideration, determination or vote concerning a property in
which the Commission member or a close relative (spouse, sibling, child
or parent):
a. Is the applicant before the Commission;
b. Owns property within 100 feet of the subject property; or
Has a financial interest in the subject property or improvements
to be undertaken thereon.
In addition, a Commission member may request to be excused from
taking part in any hearing, consideration, determination or vote
concerning a property in which a business associate or employer of the
Commission member:
d. Is the applicant before the Commission;
e. Owns property within 100 feet of the subject property; or
f. Has a financial interest in the subject property or improvements
to be undertaken thereon.
6
County of Orange, Historic Preservation Commission Rules of Procedure, Adopted April 22, 1992
4.5. Motions. The Commission shall proceed by motion. Any member,
including the Chair, may make or second a motion. A substantive
motion (non - procedural motion) is out of order while another substantive
motion is pending. A motion may be withdrawn by the introducer at any
time before a vote.
4.6. Debate. The Chair shall state the motion and then open the floor to
debate on it. The member who made the motion is entitled to speak
first. A member who has not spoken on the issue shall be recognized
before someone who has already spoken.
4.7. Procedural Motions. In addition to substantive motions, the following
procedural motions, and no others, shall be in order in the following
priority:
a. To adjourn. This motion may be made only when action on a
pending matter concludes. It may not interrupt deliberations of a
pending matter.
b. To take a recess.
C. Call to follow the agenda. The motion must be made at the first
reasonable opportunity or it is waived.
d. To suspend the rules.
e. To defer consideration. A substantive motion, consideration of
which has been deferred, expires one hundred (100) days
thereafter unless a motion to revive consideration is adopted.
f. Call of the previous question. The motion is not in order until
there has been at least twenty (20) minutes of debate, and every
member has had an opportunity to speak once.
g. To postpone to certain time or day.
I To refer to a committee. Sixty days after a motion has been
referred to a committee, the introducer may compel consideration
of the measure by the entire Commission, regardless of whether
the committee has reported the matter back to the Commission.
VA
County of Orange, Historic Preservation Commission Rules of Procedure, Adopted April 22, 1992
L To amend. An amendment to a motion must be pertinent to the
subject matter of the motion, but it may achieve the opposition of
the motion's intent. The motion may be amended and an
amendment may be amended, but no further amendments may be
made.
To revive consideration. The motion is in order any time up to
100 days after a vote to defer consideration. A substantive
motion, consideration of which has been deferred, expires 100
days thereafter unless a motion to revive consideration is adopted.
k. To reconsider. The motion must be made by a member who
voted with the prevailing side. It must be made at the same
meeting as the vote was taken. It cannot interrupt deliberation on
a pending matter but is in order at any time before actual
adjournment.
To rescind or repeal.
m. To ratify.
4.8. Suspension of Rules. The Commission may, upon an affirmative vote of
five (5) members, suspend these rules of procedure for consideration of
any matter before the Commission.
SECTION 5: Amendments to Rules of Procedure
These rules may, within the limits allowed by law, be amended at any time by
an affirmative vote of not less than five (5) members of the Commission,
provided that such amendment shall have first been presented to the membership
in writing at a regular or special meeting preceding the meeting at which the
vote is taken.
SECTION 6: Notification of Zoning.Change/Permit Applications
In order to facilitate the exercise of the Commission authority and responsibility
in promoting, enhancing, and preserving the character and heritage of Orange
County, the Commission requests that the Director of Planning & Inspections
notify the Commission of pending applications for zoning changes, use permits,
variances and demolition permits, and proposed zoning text amendment or other
proposals which affect properties in an existing or proposed historic district
8
County of Orange, Historic Preservation Commission Rules of Procedure, Adopted April 22, 1992
and /or structural and landscape resources of historic, architectural,
archaeological, visual or cultural significance.
ADOPTED: By unanimous vote of the Orange County Historic Preservation Commission on
April 22, 1992.
9
County of Orange, Historic Preservation Commission Rules of Procedure, Adopted May 27, 1992
SECTION 7: Application for Certificate of Appropriateness
Amended 2/22/2006
Amended 10/5/2010
7.1. Forms. Application forms for a Certificate of Appropriateness (COA)
are available in the Department of Environment, Agriculture, Parks and
Recreation (DEAPR).
7.2. Submission to the DEAPR. When the applicant has completed the
application by providing the information required by Section 7.6., he or
she shall submit the completed application to the DEAPR.
7.3. Application Fee. An application fee, of an amount to be approved by the
Board of Commissioners, must accompany completed applications.
7.4. The DEAPR Review. DEAPR shall review each application for
completeness and for compliance and shall confer with the Planning
Department for compliance with the other zoning and /or building
requirements on the property.
7.5. Application Deadline. The deadline for filing of applications for COAs
is 45 days prior to the Commission meeting at which the application is
proposed to be heard.
7.6. Application Information. The Commission hereby establishes that the
following information and data are necessary to properly evaluate an
application for COA, and shall be provided by the applicant.
a. Property tax map number and /or parcel identification number
(PIN);
b. Property address;
C. Name of the property owner;
d. Owner's address and phone number;
e. Name of the applicant (if different than property owner);
Applicant's address and phone number;
g. Date of application;
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County of Orange, Historic Preservation Commission Rules of Procedure, Adopted May 27, 1992
h. Architect (if applicable);
Architect's address and phone number;
j . A written description of proposed changes in the appearance of
the exterior of the structure and /or of the site;
k. Four (4) copies of drawings showing building alterations and/or
additions to existing structures or showing new construction. As
used here, "drawings" will mean plans and exterior elevations
drawn to scale, with sufficient detail to show, as far as they relate
to exterior appearances, the architectural design of buildings;
proposed building materials; site layout, including walls, walks,
terraces, parking areas, plantings, accessory buildings, signs,
lights, and other physical elements.
1. In the case of an application for a COA for the demolition of an
existing structure, the applicant shall submit legible photographs
showing all sides of the structure under consideration and
photographs showing adjacent structures and the relation of the
structure to the site.
m. A list of the names and addresses of all property owners within a
500 -foot radius of any portion of the property under
consideration.
n. Any other supporting statements, drawings or material that the
applicant may believe will assist in communicating his or her
plans for the site and structure.
o. If a previous application for COA for the same property has been
denied, the applicant shall specify the substantial changes made to
the plans for the proposed modification or substantial changes in
conditions in the district.
If application is made for administrative approval of a COA pursuant to
Section 11.2., an applicant shall not be required to provide the
information listed in k. and m. above, with the exception of the list of
building materials.
7.7. Additional Exhibits. Any exhibit to be presented to the Commission at
the time it considers a case must be submitted to the DEAPR at least 24
hours prior to presentation to the Commission.
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County of Orange, Historic Preservation Commission Rules of Procedure, Adopted May 27, 1992
SECTION 8: Consideration of COA by Historic Preservation Commission
Amended 2/22/2006
Amended 10/5/2010
8.1.1. Notification of Property Owners. The Department of Environment,
Agriculture, Parks and Recreation shall mail a notice to the applicant and
owners of property within 500 feet of the property under consideration
using the address list provided by the applicant after the addresses have
been checked against the Orange County tax listings. The notice will be
mailed by certified mail at least fifteen (15) days prior to the
Commission meeting at which the case is to be heard.
8.2. Agenda and Staff Report Mailed to Commission. A meeting agenda and
a staff report for each application will be mailed to the Commission
members at least five (5) days prior to the meeting at which the
application is to be considered.
8.3. Hearings. The Commission shall conduct its hearings as generally
outlined below, except that the Chairperson of the Commission may, at
his or her discretion, amend the procedures as necessary for the
expeditious conduct of the Commission's business. All applications for a
COA shall be acted upon within forty -five (45) days of the meeting at
which the staff report is presented. Failure to act on an application
within the forty -five (45) day period shall mean that the application is
deemed approved. The period may be extended to a date certain with the
consent of the applicant.
a. The Chairperson shall call the hearing to order.
b. The Chairperson shall acknowledge that the proceedings are
being recorded and that written minutes of the meeting will be
kept. The Chairperson may also establish time limits for each
side of the issue and for each individual speaker.
C. The Chairperson (or Vice Chairperson, if presiding) shall swear
in or affirm all witnesses.
d. The staff shall present the application background and staff
recommendation.
e. The Commission shall receive testimony from persons in favor of
the COA.
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County of Orange, Historic Preservation Commission Rules of Procedure, Adopted May 27, 1992
f. The Commission shall receive testimony from persons opposed to
the COA.
g. Discussion of the case by Commission members.
h. The Commission shall make its decision and may approve, approve
with conditions or deny the application. In making its decision, the
Commission shall make findings of fact indicating the extent to which
the application is or is not consistent with the historical character and
qualities of the historic district and /or historic landmark, whichever
is applicable. In the case of a request for a COA for demolition, the
Commission shall state the effective date of approval of the COA.
SECTION 9: Issuance of a Certificate Of Appropriateness (COA)
Amended 2/22/2006
Amended 10/5/2010
9.1. Approval Stamp. Upon approval of the COA application by the
Commission, the staff of the Department of Environment, Agriculture,
Parks and Recreation ( DEAPR) will denote with an inked rubber stamp
the approval on three of the copies of the drawings submitted with the
application. The DEAPR shall keep one copy in its application file,
submit one copy to the Inspections Division of the Planning and
Inspections Department and return one copy to the applicant.
9.2. Approval of Modified Drawings. If changes are made to the drawings as
a result of conditions on the COA stipulated by the Commission, the
applicant shall submit drawings incorporating the changes to the
DEAPR. If the drawings conform to the conditions imposed by the
Commission, the DEAPR shall denote approval with an inked rubber
stamp and distribute copies as described in Section 9.1. The applicant
may not proceed under the COA until the modified drawings are
approved pursuant to this section.
9.3. COA Expiration. The COA expires six (6) months after the date of
issuance, or, in the case of demolition, six (6) months after the effective
date of the Certificate, if the work authorized by the Certificate has not
been commenced. If, after commencement, the work is discontinued for
a period of six (6) months, the Certificate shall expire immediately. No
work authorized by a Certificate that has expired shall be performed until
a new Certificate has been obtained.
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County of Orange, Historic Preservation Commission Rules of Procedure, Adopted May 27, 1992
The DEAPR Staff may renew an expired Certificate if the proposed
work is consistent in all respects with the application approved by the
Historic Preservation Commission. Where changes or modifications are
proposed to the approved application, the renewal of a Certificate shall
be considered as a new application.
SECTION 10: Appeals of Commission Action Involving a COA
Amended 2/22/2006
Amended 10/5/2010
10.1. Appeals Time Limit. The Historic Preservation Commission hereby
establishes that appeals to the actions of the Commission in granting or
denying any COA shall be filed with the Board of Adjustment within
thirty (30) days of the day of the Commission's decision.
SECTION 11: Administrative Approval of COAs
Amended 10/5/2010
The following lists provide examples of the types of activities for which a
Certificate of Appropriateness is and is not required and provides guidance for
administrative approval of COAs.
11.1. Normal Maintenance. The Historic Preservation Commission considers
the following activities to be routine maintenance of historic properties.
The following activities do not require a Certificate of Appropriateness.
However, other County permits may be necessary.
a. Interior work.
b. Painting, interior.
C. Replacement of window glass and sash as long as window size,
style, and material are not altered.
d. Caulking and weather stripping.
e. Landscape maintenance, including the removal of dead /damaged
plants, provided existing healthy trees and /or shrubs are not
removed or severely pruned.
f. Real estate and political signs.
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County of Orange, Historic Preservation Commission Rules of Procedure, Adopted May 27, 1992
g. Repairs to walks, patios, fences and driveways as long as
replacement materials match the existing materials.
h. Replacement of small amounts of missing or deteriorated siding,
trim, roof shingles, porch flooring, steps, gutters and down
spouts, etc., as long as the replacement materials matches the
existing materials.
11.2. Minor Improvements. Minor improvements to structures require
Certificates of Appropriateness. The following activities are considered
by the Historic Preservation Commission to be minor modifications, as
long as they do not have a significant impact on the exterior appearance
of the historic structures. The Department of Environment, Agriculture,
Parks and Recreation is responsible for issuing Certificates of
Appropriateness for the following types of work:
a. Installation of storm windows and doors.
b. Side and rear yard fences and walls not facing a public street.
C. Installation of exterior mechanical equipment such as roof fans,
heat pumps, and air compressors.
d. Repairs to walls, patios, fences, and driveways as long as
replacement matches what presently exists.
e. Foundation repairs, including vents and access doors.
Replacement of exterior stairs, landings, and steps.
g. Replacement of large amounts of missing or deteriorated siding,
trim, porch floors, windows, and gutters or architectural details
when there is no change in materials and design of original.
h. Re- pointing and other masonry repairs.
L Exterior lighting fixtures.
Removal of asbestos or other artificial siding.
k. Signs, other than real estate and political.
1. New roof coverings using shingles from pre- approved list.
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County of Orange, Historic Preservation Commission Rules of Procedure, Adopted May 27, 1992
m. Installation of satellite dishes.
n. Exterior paint removal.
11.3. Major Modifications. Major modifications listed below require a
Certificate of Appropriateness approved by the Historic Preservation
Commission. These activities are examples of building alterations, site
changes, new construction or demolition which require a Certificate of
Appropriateness.
a. Exterior changes to the primary building or other structures on
the property, not included in the normal maintenance and minor
improvements list. Such changes include types or styles of
windows, doors, porches, decks, roofs, and lighting fixtures.
b. Alterations in exterior architectural details, such as additions or
changes in style of porch railings, gutters, shutters, brackets,
molding, gingerbread or other decorative work.
Removal and/or severe pruning of healthy plant materials as well
as the installation of new plant material which alters the character
of the site.
d. The installation on any structure, of vinyl or aluminum siding or
of any other siding, of a different style or material than the
existing siding.
e. The disturbance of designated archaeological sites.
f. The construction of any addition to an existing structure; such as
the addition of rooms, chimneys, porches, decks, ramps, solar
panels, and skylights, or any new construction.
g. The construction or placement of any outbuilding on the
property, including carports, garages, utility sheds, barns, silos,
drying sheds, and bulk barns.
h. New construction or relocation of a primary structure.
The placement or construction of any yard fixtures such as lamp
posts or other lighting fixtures, walkways, fences or walls,
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County of Orange, Historic Preservation Commission Rules of Procedure, Adopted May 27, 1992
driveways, parking areas or the placement of any physical
structure which could be considered ornamental.
j . The deconstruction, demolition or removal of any structure,
including outbuildings, yard fixtures or any part thereof.
Although a Certificate of Appropriateness is required and may
include a delay before a demolition permit is issued, the County
cannot prohibit the demolition.
k. Parking lots.
The installation of any permanent exterior sign measuring larger
than three (3) square feet in area.
ADOPTED: By unanimous vote of the Orange County Historic Preservation Commission on
May 27, 1992.
REVISIONS
2/24/1993 : Revised to include Rules of Procedure for processing applications for
designation as Historic Landmarks.
2/22/2006 : Revised to reflect the creation of the Environment and Resource
Conservation Department.
10/05/2010 : Revised to reflect the creation of the Department of Environment,
Agriculture, Parks and Recreation and the adoption of Design
Standards for Orange County Local Landmarks and Local
Historic Districts.
17
b. Appointments — None
S. Change in Copy Fees for the Register of Deeds Office
The Board approved the new copy fee of $0.15 per page for all copies provided by the Register
of Deeds Office.
d. Home Care and Hospice Month
The Board approved a proclamation designating November 2010 as "Home Care and Hospice
Month" in Orange County and authorized the Chair to sign.
e. Amendments to the Water and Sewer Management Planning and Boundary
Agreement
The Board adopted the resolution amending the Water and Sewer management, Planning, and
Boundary Agreement text and map.
f. Services Agreement Amendment for Surface Water Quality Monitoring —Eno River
The Board approved the services agreement amendment with Desper Geoscience Consulting
& Education, LLC to add analysis for enterococci and authorized the Manager to sign the
amendment.
g. Design Standards for Orange County Local Landmarks and Local Historic Districts
and Amendments to the Historic Preservation Commission Ordinance and Rules of
Procedure
The Board adopted the Design Standards for Orange County Local Landmarks and Local
Historic Districts, and approve amendments to An Ordinance Creating the Historic Preservation
Commission of Orange County and the Orange County Historic Preservation Commission
Rules of Procedure.
h. N.C. Forest Service Contract for FY 2010 -11
This item was removed and placed at the end of the consent agenda for separate
consideration.
1. Second Reading: Amendment to the Orange County Personnel Ordinance Article IV
Section 9.4 Supplemental Retirement r401IM1 Employer's Contribution
The Board amended the Orange County Personnel Ordinance Article IV, Section 9.4 as
provided in Attachment 1, which reinstates the County contribution to employee 401(k)
accounts effective January 1, 2011.
L Change in BOCC Regular Meeting Schedule for 2010
The Board amended its regular meeting calendar for 2010 by adding a joint meeting between
BOCC and Alamance county Commissioners to discuss the Orange /Alamance County line, on
Monday, November 29, 2010 at 7:00 p.m. at the Mebane Arts Center, 633 Corregidor Road (off
Third Street), in Mebane, N. C. (Orange County had offered to host this meeting but Alamance
County suggested having this meeting in Mebane).
k. Approval of the Preliminary Steps Necessary to Seek Qualified School Construction
Bond Financing for the Chapel Hill — Carrboro City Schools and Orange County
Schools
This item was removed and placed at the end of the consent agenda for separate
consideration.
5. Items Removed From Consent Agenda
h. N.C. Forest Service Contract for FY 2010 -11
The Board considered the annual agreement between Orange County and the North
Carolina Department of Environment and Natural Recourses Division of Forest Resources for
protection, development, reforestation, management and improvement of forestlands in Orange
County, and authorizing the Chair to sign.