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AGENDA
ORANGE COUNTY
HISTORIC PRESERVATION COMMISSION
CONFERENCE ROOM #1 - PLANNING & AGRICULTURAL CENTER
306 REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA
June 28 , 2000
TIME PAGE AGENDA ITEM
7 : 00 L CALL TO ORDER
2 . CONSIDERATION OF ADDITIONS TO AGENDA
7 : 05 3 . APPROVAL OF MINUTES
01 a . May 24 , 2000
7 : 10 4 . CHAIR COMMENTS
7 : 15 05 5 . ITEM FOR DECISION
a . Select Photos from Quentin Patterson Collection
b . Orange County Historical Architecture Manuscript
Inventory Selection—Part II
6 . INFORMATIONAL ITEMS
09 a. Town of Hillsborough Design Guidelines
11 b . "Local filmmakers capture Trice ' s life in music "
13 c . National Alliance of Preservation Commissions Pittsburgh Forum 2000
19 d. North Carolina Statutes regarding designation process and SHPO review
8 : 45 7. ADJOURNMENT
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HILLSBOROUG H - 732 - 8181 CHAPEL HILL - 967- 9251
MEBANE - 227-2031 DURHAM - 68 &7331
5
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DRAFT MINUTES
HISTORIC PRESERVATION COMMISSION .
May 24 , 2000
Members Present : Tom Allison , Chair
Jean Anderson
Rob Golan
Heath Aldridge
Dale Georgiade
Staff Present : Tina Moon, Preservation Planner
Carol Crawford, Administrative Assistant
Members Excused : Carolyn Connor
AGENDA ITEM # l : CALL TO ORDER
Chairman Allison called the meeting to order at approximately 7400 p .m .
Moon presented a gift of appreciation from the Board of County Commissioners to each member for their
diligent and valuable work on the Historic Preservation Commission ,
AGENDA ITEM #2 : CONSIDERATIONS OF ADDITIONS TO AGENDA
AGENDA ITEM #3 : APPROVAL OF MINUTES
a . April 26 , 2000
MOTION : Anderson moved . Seconded by Golan .
VOTE : Unanimous ,
AGENDA ITEM #4 : CHAIR COMMENTS
Allison reported contact with Dr . Ivey, a local property owner . Dr. Ivey gave his
permission for the HPC to measure Mason Hall , and said that he would be willing to give up his interest
in the house to Hilda Brody , The HPC discussed other related issues : can the structure withstand a
physical move , if the landowner is having difficulties with his health would his heirs consider selling the
land in the future? Preservation North Carolina (PNC) had expressed interest, in the past, of taking on the
project for restoration-resale with covenants . The property is near Lake Michael and maintains a .scenic
viewshed .
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AGENDA ITEM # 5 : ITEMS FOR DISCUSSION
a. Election of new Commission Chair and Vice Chair
Allison opened the floor for nominations for HPC Chair position . The commission agreed, after a lengthy
discussion, to postpone the election until the end of the summer . Allison explained that he and Jean
Anderson are ineligible to serve as chair due to term expirations . Connor is on excused leave for three
months and is not willing to serve due to other commitments , and the new members feel uncomfortable
with the chair position at this time . Allison volunteered to continue in the capacity of the HPC Chair until
more members come onboard . The HPC discussed membership issues and possible contacts .
AGENDA ITEM #69. ITEMS FOR DISCUSSION
a . BOCC Goals/Timetable
Moon explained that each board/commission is required - to make a status report to the BOCC on the
adopted goals . Moon reviewed the goals and suggested that the HPC prioritize the goals and consider a
reasonable time schedule for accomplishing the goals . The HPC discussed marketing ideas to promote
LLD program including letters of interest to property owners and a media story promoting historic
preservation as important verses another government imposed regulation . Aldridge asked for staff to
investigate why a site that the HPC designates for LLD has to be reviewed by the state preservation office
( SHPO) . (referring to White Oak Grove School) .
The commission agreed that publishing the History of Orange County Architecture was their highest
priority , and noted that the HPC ' s efforts to publicize the book could also be used to promote related
projects . Moon explained that the annual BOCC goals include general preservation issues along with
more specific prof ects such as the St . Mary ' s Road Preservation Corridor . The commission felt that it is
important to develop design guidelines before discussing the local landmark and historic district program
with St . Mary ' s residents so that landowners can clearly see the potential impact on their property before
making any commitments .
Anderson suggested using more press releases to promote the commission ' s activities particularly with
the publication . One idea was to take a photo from Mr . Griffin ' s collection and write a short article about
old family photographs to build up publicity and encourage others to come forward with interesting
photos for the publication of the manuscript . The idea of getting the local media to do the "Where is
this ? " photo contest of the month under the HPC auspicious to increase publicity was suggested . Using
the old map of the trading path could also spark interest .
b . Cultural Site Ranking System (see attached samples)
As a follow up from Allison ' s request at the previous meeting, Moon brought a portion of the inventory
listing from Bingham Township along with the Land Evaluation & Site Assessment system that the HPC
developed a year or so ago . The county has identified historic sites through the 1980s reports and the
1990s surveys , however, all properties are given equal consideration in the planning process (subdivision
review process) . The commission may wish to consider ranking and prioritizing the existing historic sites
to differentiate those properties with countywide significance that really need to be preserved from those
buildings with less significance . It was noted that the HPC received notices of requests for development
of inventoried sites from the Planning Board once upon a time however, that was not continued . An
amendment to the subdivision ordinance and timetable for HPC review was discussed . The commission
discussed ways to make the inventory listing more accessible to current planning staff to ensure that every
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planner knows when a property that has a historic building of value is up for development . In conclusion
the HPC noted that the identification of historic sites has been met and, the protection of historic
properties should be the role of the ordinance enforcement and permit approval process .
c . Orange County Historical Architecture Manuscript
Inventory Selection - - Part I
The HPC passed around photographs of the inventoried sites (Cheeks Township) and selected individual
sites for inclusion in the publication . The commission discussed modifying some of the prepared
narratives to only in building history, and limiting the length to about two paragraphs . Inclusion of
additional National Register sites such as the Maude Faucette House was noted . The idea of not including
sites of destroyed sites and cemeteries was also discussed . Site selection will continue at the next meeting
for other townships .
d . Scenic/Heritage Corridor
Moon suggested working on a " corridor plan" as another preservation tool to offer local residents . Moon
mentioned that none of the existing preservation tools : zoning, National Register and local landmark
designation, etc . , appeared to be a good fit for the St . Mary ' s community . It is likely that other rural
neighborhoods could also benefit from some sort of scenic or heritage corridor plan .
AGENDA ITEM #70 INFORMATIONAL ITEMS
a . Preservation Commission Training Workshops
b . 160t" Anniversary of the Capital Celebration
AGENDA ITEM #8 : ADJOURNMENT
Golan moved to adjourn the meeting . Allison adjourned the meeting at approximately 90. 50 p . m .
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: .Noon
• 005
Hillsborough Township Inventory Sites
22-Jun - 00
OR # Site Name Road Location
OR 0002 Ayr Mount SR 1002 Hillsborough
OR 0660 Mars Hill Baptist Church NC 57 Hillsborough
OR 0667 Phelps Farm NC 57 Hillsborough
OR 0693 Becon Farm SR 1002 Hillsborough
OR 0694 J . L . Brown House NC 86 Hillsborough
OR 0695 Deerfield Farm NC 86 Hillsborough
OR 0753 House SR 1551 Hillsborough
OR 0870 Rosewood Cemetery SR 1101 Hillsborough
OR 0900 Ray House SR 1006 Hillsborough
OR 0996 Occoneechi Gate SR 1705 Hillsborough
OR 0997 Governor Burke ' s Grave SR 1556 Hillsborough
OR 1003 Mars Hill Cemetery US 70 Hillsborough
OR 1004 Joe ' s Pool Hall NC 86 Hillsborough
OR 1104 Ridge School NC 57 Hillsborough
OR 1156 House SR 1551 Hillsborough
i
006
Eno Township Inventory Sites
22-Jun -00
OR # Site Name Road Location
OR 0001 Rigsbee Rock House US 70 Bus Eno
OR 0018 St . Mary' s Chapel SR 1002 Eno
OR 0652 Gosling House SR 1002 Eno
OR 0654 Pleasant Green Methodist Chur SR 1567 Eno
OR 0655 Tilly Farm SR 1569 Eno
OR 0656 Cabe - Pratt- Harris House SR 1567 Eno
OR 0657 St . Mary' s School SR 1548 Eno
OR 0658 Latta Farm SR 1002 Eno
OR 0659 Hill Farm SR 1002 Eno
OR 0661 Eno Crossroads 1 -85 & US 70 . Eno
OR 0662 Foxhill Farm SR 1538 Eno
OR 0663 Maple Hill SR 1002 Eno
OR 0664 New Sharon Methodist Church SR 1538 Eno
OR 0665 Temple of Truth Holiness Churc SR 1538 Eno
OR 0666 Benjamin Duke House SR 1710 Eno
OR 0673 Caine Roberts House SR 1002 Eno
OR 0679 Dairy Farm SR 1710 Eno
OR 0682 Boyd House SR 1723 Eno
OR 0692 Sunnyside SR 1002 Eno
OR 0697 Cemetery SR 1710 Eno
OR 0718 Walker Farm SR 1548 Eno
OR 0993 Mt . Hermon Church Cemetery SR 1713 Eno
OR 0994 House SR 1713 Eno
OR 0995 Clayton House SR 1712 Eno
OR 0998 Mt . Gilead Cemetery SR 1567 Eno
OR 0999 Camp Butner Barrack SR 1571 Eno
- 1
007
OR # Site Name Road Location
OR 1000 House SR 1570 Eno
OR 1001 Piper- Dixon House Eno River Park Eno
OR 1002 G . Washington Walker , Jr . Far SR 1002 Eno
OR 1005 Palmers Gr . U . Methodist Churc SR 1562 Eno
OR 1006 Blackwelder Service Station US 70 Eno
OR 1014 Duke Power Work House SR 1567 Eno
OR 1049 House SR 1611 Eno
OR 1050 House Eno River Park Eno
OR 1051 House SR 1570 Eno
OR 1052 Duke Power Forman ' s House SR 1567 Eno
OR 1053 Duke Power House SR 1567 Eno
OR 1133 House SR 1002 Eno
2 :.
V � �
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.: n " < .
4 f.: . : `' .; blues scene . It was a timely art-
. ' - Y P
---
Melton roars
into the summer
W ri new
bandzydeco award
Fresh off an East Coast tour, Mel Melton : It feels good , this past time around ?
with an award for zydeco release of because it sort of gives you some We started off in Long Island
the year from Real Blues magazine validation — that ' s kind of what about three weeks ago and worked
under his belt, a gig this Saturday you ' re looking for . I ' ve done this some shows up in that area, and
night at the Casa Ibarra patio and a stuff so long, I mean , I know then down the Jersey shore . We
new road band raising almighty we ' ve got good music, and I know were home for one night, and we
musical hell behind him , it ' s been we did a good job on the record headed down to the very tip of
a busy first half of 2000 for production values and everything, South Carolina for a wedding, then
Hillsborough ' s Mel Melton, we worked real hard on it . I know booked on into Florida —
' frontman and harmonica player for I ' ve got a real good band right Tallahassee, we played the House
Mel Melton and the Wicked Mojos now . . . . .when people in the of Blues in Orlando for four nights ,
— especially considering that the industry start recognizing what played shows in Miami, Coral
eastern tour, ended up with a blown you ' re doing, giving you those sort Gables , Naples . . . . . and then the
transmission in the van on the way of awards, it validates it. transmission blew up on the van ,
back from Florida . I ' m kind of surprised we won it , The last show of the tour
R . J . Beatty of The News of because what we ' re playing is not [Naples] — to me , I think the band ,
Orange County recently caught up what I ' d call traditional zydeco by sounded the best that night, even
with Melton at his home on any stretch of the imagination . though the band had played 16
Hillsborough Avenue, for This particular magazine is sort of shows in 19 nights and the last ten
discussion of the Real Blues award, known as the "blues Nazis" — in a row , the band just kicked that .
the band ' s new players and future they ' re pretty much tied to the last night . There was a big crowd:
projects for the blues/Cajun/zydeco traditional boundaries of different down there . . . . . I ' ve already played
outfit . Excerpts : musical forms within the blues that club once before, and to me
world , so for them to decide this is that was the best show of the tour.
NOC: So how does it feel to win the zydeco release of the year is So the new band 's working out
the zydeco release of the year award quite a step . It definitely gives it a all right ?
(for "Mojo Dream, " 1999 Nightfly lot more credibility . Oh , man, it ' s ' great . I think it
Music) from Real Blues magazine ? How long were you on the road has the best feel of any band I 've
put together, and it ' s got a real ;
Hillsborough Historic District Commission natural groove — it seems to fall
— into this real good , natural groove
its own . It ' s areal loose Property Design on
The Hillsborough Historic District Commission and nationally re- feeling up there , everybody ' s at
j
ease , . . . . it s really good music .
nowned architect Jo Ramsay Leimenstoll have completed a draft copy of [Drummer L. A. Freeman of
the revised design guidelines . Hickory ] is the other veteran of the
Both Commission members and property owners use the guidelines to band . I ' ve got some young guys
maintain the special character of the town . The guidelines help to keep the now , but L.A. ' s in his early 40s;.
review of applications objective, focusing the historic appropriateness of he toured with the original Drifters_
the design . They also translate preservation concepts and jargon to for many years . I ' ve got a neNi
understandable language and drawings . bass player [Chris Mathea of
The public is encouraged to participate in the creation of the design Dallas] , a guy who graduated from
guidelines . The Commission has scheduled a public information session the Berkeley School of Music
on June 21 to present the draft guidelines to the public and July 19 at a He ' s probably the most technicalll
public hearing to receive comments on the �draft . accomplished musician in the band
P g he writes music, he ' s working on
Both meetings will be held in the Town Barn and begin at 7 p . m . The lot of different projects , but he ',
guidelines will also be presented to the Town Board at their Sept . 11 really a good blues bass player.
meeting . I picked up a sax player [Rol
Copies of the draft guidelines are available from the Planning Depart - Chaseman of New Jersey] a fev'
ment upon request . months ago from a Chapel Hil:
Questions and comments can be forwarded to Margaret Hauth , Plan - band called Doxy ' s Kitchen , . wh+
ning Director (732 -2104 , ext . 228 ) or Cathleen Turner, Executive Direc- had sort of folded up . He had don
a couple of subgi.gs , and we talko
tor, Alliance for Historic Hillsborough (732 -7741 ) .
about him becoming a permaner
4 � «
N.P V Li tt161 IF \e Li 0.0 r
Gwe us a , call at 732=2171
or email us at newsoforange@rtmx.net Second ront
o
June 21, 2000
• • • • •
Local filmmakers capture Trice s life in music
capture the story of Trice's life and in lament and yearning to effect
By R.J. Beatty P rY g Y g
i The News of Orange County music in their new documentary emotional release — 'an expression " '
film, Shine On: Richard Trice and of the faith-of-Job belief that "the a
When one delves deep into the the Bull City Blues. "There's some sun's gonna shine in my back door,
j vast, swirling sea of American mu- things you can't talk about that he someday:' It was the sort of pre- - w •* €,
r art t •
sic, one inevitably ends up in the wants you to do." served first-person testimony that
South — among the bluegrass and- Shine On, released last month in Jamie Hysjulien, blues fan, key-
country music of farms, fields and a public screening at Durham's boardist and Carolina Friends
barn-raisings, New Orleans jazz Carolina Theatre, is on one level school teacher, had been looking
and Memphis soul, R&B and Banc- Dalsheimer and Hysjulien's portrait for upon teaching his first class on
> tified gospel of both black and of one mans life in music — a ca- the blues at Carolina Friends inIf
e
white strains, the country and elec- reer that led Trice to interact and 1997.
i tric blues and boogie that eventu- play the blues with such regional The class, said Hysjulien, was a �. �
ally would give birth to a new and national figures as Sonny kind of fusion between the Pied- ' "yJ rr+ '
R!
sound called rock `n roll — all Terry, Brownie McGhee, Blind mont blues of Durham and Orange4 i
I flowing together in a musical pas- Boy Fuller and the Rev. Gary County in the 1930s and 40s and - s •„ � ��, , ,��,,� _ •
tiche as a soundtrack to the con- Davis — but on another a wider- local history from the time, with
flicting strains of the 201d century, ranging survey of life in Durham Hysjulien taking the students out ',, .- 141
the uneasy questions of war and and Orange County in the Great and about in the community to do
peace anger and compassion re- Depression and World War 11 era. field research on how much things
i bellion and sacrifice, the sacred and The times of Richard Trice draw a have changed between now and . } '
1
profane. portrait of hard work and little then. At some point, said H s u
And somewhere in the middle money, good friends juke joint lien the class learned that Richard "
was Richard Trice, the Piedmont parties at which wine, whiskey and Trice, a blues slide-guitar player of
bluesman born in 1917 to an Or- blues music flow freely, and the some local renown who had kept
an a County sharecropping family, day-in day-out struggle to turn company with the likes of Davis
;> •`=w.a. �4��, l�i
who spent much of his life helping one's way the good fortune that, so and Fuller, was still alive and living "
to lay the foundations of a thriving often for so many, remains a mad- in the LaSalle Health Center onFilmmakers Jamie Hysjulien (left) and Kenny Dalsheimer recently released Shine on:Richard Trice and the
midcentury Durham blues tradition, deningly elusive dream. LaSalle Street, in the heart of the Bull Cily Blues, a documentary about local Piedmont bluesman Richard Trice (pictured at left with fellow
and who ended his days believing The essential feelings of this time city he had known and loved for musician John Dee Holeman). Photos courtesy of Steve Whitsitt (above) and Lorraine Tipaldi.
that the Lord had called him to and place were encoded in the half a century.
something more. songs themselves — a psychological "We'd heard a rumor that he nership between Hysjulien, the racing in Rougemont. By and large nursing home for over 15 years,
"God is like this," Trice ex- fly preserved in the rhythmic, shuf- was, you know, a little out of historian and blues buff who knew a self-taught filmmaker, -Dal- losing both legs to illness as he
plained to filmmakers Kenny Dal- fling amber of the blues, an art sorts," said David Hughes, one of Trice well by this point, and Dal- sheimer augmented the film classes waited out the remainder of his
sheimer and Jamie Hysjulien, who form that makes a specialty of us- Hysjulien's students who visited sheimer, Hysjulien's former Caro- he did take (including one at UNC- , days, looking for a sign from God
Trice with his class and on his own lina Friends colleague turned inde- Chapel Hill with Barbara Trent and that would turn his life around.
throughout the next year, eventu-
,,.. g Y pendent filmmaker who possessed David Kasper, directors of the The filmmakers started out with the
y - j ��,,,.-,• ,...:; all counting the then-octogenarian the camera and editing skills to Academy Award-winning docu- intent of focusing on Trice s music,
Trice as a valued friend. "But we make the project a reality. mentary The Panama Deception) said Dalsheimer, but once the pro-
got there and he was doing fine; he "Once 1 got to meet [Trice], I with one-on-one study with area ject got going, they more or less let
was always happy -for the com- wanted to do something to preserve filmmakers to develop and polish Trice tell his own story, in his own
„ his story," �.
p y. ry, said Hysjulien. 1 met his own filmmaking style. way. The finished film has no nar-
' Out of these visits with the for- up with Ken, who happened to be And, like Hysjulien, Dalsheimer rator; Trice essentially tells his
; . mer musician grew the idea for finishing up one project and was was intrigued by the prospect of story as Dalsheimer and Hysjulien
Shine On, which Dalsheimer de- looking to start working on an- telling Richard Trice's story. take him out into the community,
r ' nT scribes as his and Hysjulien's at- other." "1 was impressed b his memo visiting laces around Durham and
P Y memory, g P
# 1 r tempt to capture some of the feel of Dalsheimer, who left Carolina and the fact that he was really the Orange County that Trice had
Durham and Orange County in the Friends in 1996 to pursue film- last of a breed," said Dalsheimer. known and loved well during his
mid-201h century through the expe- making full-time, had previously "We wrote some grant applications, formative days.
'rierices and memories of Trice, a experimented with the "anthropo- and the project just took off." Visiting the site of the old Trice
f fixture in black Durham's Hayti logical adventure" style of film in By the time Jamie Hysjulien and • family home on Mt. Sinai Road
business district through the war Go Fast, Turn Let: Yoices rom the
- g f f his students began visiting Trice in
years and the heyday of the city's Orange County Speedway, his 1997 the LaSalle Street Health Center See Trice Page 4B
-if+i»' "'= � " blues scene. It was a timely part- documentary detailing stock-car the aged bluesman had been in the r
019
In addition to Trice' s stories, the "I felt like I could talk to him
filmmakers include a segment of a about anything," said Hughes, re-
4B.The News of Orange County, Hillsborough, NC, Wednesday, June 21, 20W lecture from UNC folklore profes- calling the times he spent with
sor Glen Hinson as the professor Richard. "We talked about his
Trice talks about the blues as a document growing up on the farm, that life-
of the times ( Hinson, said Hysju- style, the changes of the last 80
continued_ from 1 B VF . FV-` Too too- Into _ lien, has been extremely helpful as years , his Christian beliefs , we
IF
ag , ; . _ , a resource and in promoting his and talked about girls. . . . .he had a lot of
I TV
: :. ;r t Dalsheimer' s work), Hysjulien stories to tell. It was a great expe-
�.: s• ; .. 04
also recruited bluesman John Dee rience with an amazing human be-
k 3 ; •3 .F . . •S��S'
Holeman (who along with contem- ing.
' toporary bluesman Scott Ainslie pro- "Without a doubt, he was a good
IF t3 4 _, . =', '4 ' vides the musical background to friend."
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FkAShine On) to come to the rest home
.,, ., _" , and participate in the film, demon- Dalsheimer and Hysjulien are
11 . 3r,+J ;� . , _ - x strating the intricate fingerpicking currently trying to get their film
d an ragtime influence that is a
=•;�s _ 0 8 more exposure, sending the video -
Tf 5;:al + trademark of the Piedmont-style to festivals and review outlets in
, . . _ - blues. the hope of reaching as many peo-
However, said Hysjulien, many Y P
s
` 't le as possible. Interested citizens
of the different blues styles of Y g may contact Kenny Dalsheimer at
;,•W Itmuddied and cross- fertilized over 6 6 7 - 12 0 8 o to
sIF. 6
F ITt time as musicians traveled and dakhQmmdsnnne.com ,
y Y played with one another. Delta
bluesmen traveling north through While the filmmakers admittedly
' ' • ' the Mississippi Valley eventually would like to realize some financial
, � ,� electrified the traditionally acoustic reward for their efforts, as current' `. ' '
i � + =t • music and invented the Chicago and former educators , the know
sound , while Piedmont bluesmen that their work has greater worth as
IF .,r � IT
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4-` V w= fry ; , ( including Richard Trice, who lived a tool for dramatizing life, and do-
'i= a ? <, s in New-•Jersey for a time) traveled ing it in a real and humane manner,
a I . @ both north and south, exchanging As Hysjulien puts it, there are a
t� '; � , i. t ideas and styles with other must- wealth of stories out there to tell
clans the met aloe the wa that haven' t been told; the story of
; : t . Y 8 Y• cY
T •• " Richard claimed he actually met Richard Trice comes across, ulti-
.y�
�' �'��, - ? • �;•• .• �.-. �. < :.. Robert Johnson playing in the mately, as one of a flawed but dig-
t ` tot = , ' P. warehouses of Durham , " said nified man, searching for an answer
�. , IF
Hysjulien. when the last fair deal goes down,
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Eventually, though , the music " 1 want to show kids that the
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"% ! � ++ ,.. • , . : , .; -" - stopped . At some point in the world they live in has a history —
€ '' 1950s, Richard put down his dobro, here, at one time, these things hap•
aa� 1 Y., t+- convinced that the Lord wanted pened," said Hysjulien. " if you see
TimFoot 3
`.`•� ' him to stopplaying. As . far as an the world in terns of histo The
'' t ` : . F; For
? one who knew him can tell, he blues is a living document of where
FIT_ , r t.
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never picked it up again. we' ve been,"
Richard Trice, circa 1998. Photo courtesy of Lorraine Tipaldi.
near Carolina Friends, where Rich- " He gave up the music Comm
and helped his father sharecrop pletely — he never, played again,"
during the 1920s on the White said Hysjulien, explaining the con-
farm, the filmmakers ask Richard if nection between Trice's retirement '
IF
he ever picked much cotton. from blues music and his spiritual
"Lord, yes," says Trice, laughing conversion. "He felt he had to _
as he demonstrates the proper way change his life.... .since he was just
to pick cotton off a cotton plant. " I playing for these drinking and t '
look the other way when I see a dancing parties, in a way turning '
cotton patch." his back on the music was turning
The dearth of archival evidence his back on the lifestyle."
available to the filmmakers (many In the video, Trice talks about
of Trice's boxes of papers and per- how he shouldn ' t have quit music
sonal items. were lost when the altogether, but kept playing spiri-
moved into the rest home) meant tual music. On David Hughes'
that he and Hysjulien were essen- many visits, Richard expounded on
tially flying blind in telling Trice's this theme of the blues being some-
story, said Dalsheimer. The film- how connected to his division from
makers spent two four-hour ses- the church — but, said Hughes,
sions doing formal interviews and though Trice felt he should have
another four hours driving Trice kept playing, he never did,
around the community, to his sis- "God is using me," Trice ex-
ter's old house, to businesses in the plains in the film. "He promised
Hayti district shut down when the me he would fix my life."
Durham Freeway was constructed '
in the 1970s, to the former Shady By January of 2000, after a little
Rest juke joint near the current over a year, Shine On was finished.
Friends School . The juke joint is The filmmakers showed the com-
now a private home, but in Shine pleted project to Trice, who
On a slight smile comes to Rich- watched it all the way through,
ard 's face as he describes playing " He just said, ' That was a lot
the notorious drinking-and-dancing better than I thought it was gonna
parties during the height of the be,'" Dalsheimer recalled.
Durham blues scene in the 1930s In April of this year, one month
and ` 40s. before Dalsheimer and Hysjulien
"A lot of stuff didn 't make it into debuted the film at the Carolina
the video," said Hysjulien. "Some Theatre, Richard Trice died. David
of his longer stories didn ' t make it Hughes, currently studying envi-
in — he was a pretty religious man, ronmental science at UNC -
and he also told funny stories about Asheville, was among those who
his past." came back for the funeral.
Co-Sponsors:
National Trust for
Historic Preservation,
Pittsburgh History &
Landmarks Foundation,
National Conference of State Pittsbur
Historic Preservation Officers,
gh
Preservation Pennsylvania, Inc,
Pittsburgh Historical
Review Commission, registration to : . .
PA Historical & 1 g • • •n Commissions
Museum Commission, National Alliance of Preservation Commissions
Preservation Action, P.O. Box 1605
National Park Service,
Heritage Preservation Service. Athens, GA 30603
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Office of Public Service and Outreach NOW ROW OAGANIIATIBN
Founders Garden House
325 South Lumpkin Street US.POSTAGE
The University of Georgia PAID _
Athens,GA 30602-1861 PERMIT NO.165 --
ATHENS,GEORGIA
tr' duplicate,
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If you have received this mailing in duplt /
-ice at(706)542-0169
please contact our of
or via e-mail at napc�2arches.uaa.edu. Thank you.
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Dear Commissioners, Staff and Local Preservation Supporters:
I am proud to offer to America the second national
gathering of local preservation commissions.
The first FORUM was in Denver in 1998 and over 500 local
commissioners, staff and state Certified Local Government
Coordinators met and produced what has become known as the
"Local Government Manifesto." The mandate from those in
attendance was that the FORUM should be repeated i6 two years
and commission training should become a regular and ongoing
function of the National Preservation Partners. We were
listening! The sponsors of this FORUM and I would like to
invite you to FORUM 2000 in Pittsburgh, Pennsylvania.
This FORUM will prove to be as innovative and educational as
the Denver event. We have added tours, social events and
resource material that will augment the highly praised group
participation format of the meeting. Just as in Denver,we will
have panel presentations that will be followed by facilitated
discussions to produce a set of findings. These findings will be
shared with all the participants in a series of plenary sessions. All
of the sessions findings will then be reported in a document to
help further the goals put forth in the"Local Government
o
Manifesto" from Denver.
Please come and join us in Pittsburgh.
Christopher Bowers
Chainnan
National Alliance of Preservation Commissions
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- Training
Conference Registration Rates A program of highly interactive educational sessions will be
NAPC Members Early Registration (until July 17): presented to provide training for commission members and staff
$85.00 per participant with varying degrees of preservation experience. Panel
discussions will allow participants to learn more about current
Non-NAPC Members Early Registration (until July 17): preservation issues. Hands-on work sessions will provide an
$100 per participant (includes 1 year NAPC membership) opportunity for participants to exchange experiences and to
network with preservationists across the nation.
On-site Registration (after July 17): The conference will culminate in the adoption of policy papers,
$150.00 per participant which will provide both commissions and the NAPC a clear voice
cn the preservation advocacy efforts of the 21st century_
Case Studies and Mobile Workshops
Early Registration Walking tours and mobile workshops of local landmarks will be
Register by our early deadline of July 17, 2000 to receive offered. In addition, information for visits to projects that
our discounted registration rate ($85.00 for NAPC demonstrate the impact of design review on urban and rural
members, $100 for non-NAPC members). Registration can settings and in socioeconomic districts. These include a range of
also be made on-site at the Westin William Penn controversial projects, in addition to model success stories, all of
beginning Friday,August 4, 2000, at 9:00 a.m. which you can use in design review procedures in your
community.
Registration Procedures The Mobile Workshops will be an opportunity to tour two
Return the completed form with full payment. Check or architecturally outstanding and uniquely different historic districts
purchase orders accepted. accompanied by knowledgeable guides. Meet with members of
Registrations received after July 17 will be processed on- historic commissions. The tour begins with the borough of
site in Pittsburgh_ Registrations will not be accepted over Sewickley, a beautifully preserved suburban village, and moves
the telephone. on to the National Historic Landmark of Old Economy, former
All refunds will be less a $20.00 administrative fee, settlement of the Harmony Society, situated in Ambridge
Borough. Comfortable walking shoes a must. Box lunch included.
Cancellations and Refunds
Refunds will be posted approximately 30 days after the Information Exchange
conference. In a special exhibition room, participants will share examples of
Requests to cancel/substitute must be in writing. preservation tools, such as ordinances, guidelines, commission
100% refund if postmarked by June 6; 50% refund if manuals and surveys. Other exhibits will highlight creative
postmarked between July 1 and 17. approaches to education, advocacy and resource management.
No refunds after July 17.
sage 3 page 4
Advocacy Luncheon
12:00 p.m. — 1:30 p.m.
Afternoon Breakout Sessions
.r 20th Century Resources: A New Look at Survey &
Documentation Techniques
Issues in Housing and Historic Preservation
Current Issues in Preservation Law
Future, anticipatory - RFRA, Trademarks in Miami
Preservation and Cultural Differences
Thursday, August 3
State CLG Coordinators Workshop Saturday Evening
CLG Coordinators
i st s Workshop
On Your Own: Explore Pittsburgh's Southside neighborhood,
1:006:00 p.m. Informal dinner for Coordinators home to many bars and restaurants
Shuttle bus will be provided on a continuous loop
Friday, August 4
Preservation 101 Sunday, August 6
New Commissioners Training Morning Breakout Sessions
8:30 a.m.— 12 p.m. Articulating the Preservation Message
Preservation 102 Surviving Mega Projects
Commission Chair Training What's New for CI-Gs
1:00 p.m.—5:00 p.m. Expanding Your Local Register
Mobile Workshop Current Issues in Design Review
Tour of Sewickley and Ambridge Burroughs
8:30 a.m.—3:30 p.m.
Opening Session Closing Session
0
P g 10:45 a.m.— 12:00 p.m.
4:00 p.m.—5:30 p.m.
Opening Reception Optional Fallingwater Tour
Grand Hall at the Priory, 614 Pressley Street 1:00 p.m.—7:00 p.m.
6:00 p.m.—8:00 p.m.
Saturday, August 5
Morning Breakout Sessions
Political Strength for Preservation Commissions
Economic Impact of Historic Preservation
Legal Challenges to Preservation
:.� Post World War II Resources: What to Preserve?
Preservation Plans At Work
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Enforcing the Historic Preservation Ordinance ' r•:
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when
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to gethere
The conference hotel is the historic Westin
William Penn located in the heart of downtown.
US Airways has been designated as the official carrier The hotel is within easy walking distance to the
for the attendees of the Pittsburgh Forum 2000, many shops, restaurants, and entertainment in
August 4-6, in Pittsburgh, PA. US Airways agrees to Pittsburgh's "Golden Triangle."
offer an.exclusive low fare for attendees. This special
fare will offer a 5% discount off First or Envoy Class Special National Commission Forum rates:
and any published US Airways promotional roundtrip $99.00 per night,
fare. A 10% discount off unrestricted coach fares will
apply with 7 day advance reservations and ticketing To make reservations: Call the hotel and identify
required. Plan ahead and receive an additional 5% yourself as a participant of the National
discount by ticketing 60 days or more prior to Commission Forum in order to receive the special
departure. These discounts are valid provided all discounted conference rate.
rules and restrictions are met and are applicable for These special rates will be available until July 14,
travel from all points on US Airways' route system. 2000. After this date, rooms will be guaranteed on
These discounts may not be combined with other a space available basis at regular rates starting at
discounts or promotions. Additional restrictions may $330.00 per night.
apply on international travel. ,
Discounts are valid for travel Westin William Penn
between July 31-August 8, 2000. 530 William Penn Way, Mellon Square
Pittsburgh, PA 15219
To obtain these discounts, you or your professional V. 412.553.7100
travel consultant must call US Airways Group and F. 412.553.5252
Meeting Reservation Office toll free at 877.874.7687
8:00 a.m. - 9:30 p.m., Eastern Time. Forum 2000 Co-Sponsors:
National Trust for I listoric Preservation,
Refer to Gold File # 85181231 Pittsburgh History& Landmarks Foundation,
- National Conference of State Historic Preservation Officers,
Preservation Pennsylvania, Inc, ,
Pittsburgh Historical Review Commission,
PA Historical & Nluseum C OII1miSSlOn,
Preservation Action,
National Park Service,
Ileritage Preservation Service.
ige 7
page 8
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The Pittsburgh International Airport(PIT) is located Appraxttnately�� lrunuts gotta .�
d9wnnttvR PitTshttrhh the Wfstltl William l'cnn• Maly m?lt?F car ielltal l tttpanl�s a _.
have ofhceaat t�l�airpoT 004 may be 1FoRtactcl dhr�c(kY�l yQ4 t:haesu to fft►1 R
deriog your visit,l> yop No41d prefer to use R shuttle service, Regency t irran prevtdes
e_ trpnspo0aaon bftWFPn ll?;airport ago dawntnwtl holels (W.00 one waY PT 39 AA
_,(F�P(�un4l Nipl• �sFT!'t}tiPP�.p��b&l� di[ectl�ihrQuBh �e�epc}'.�imA ai AAA 357� ._ r � '" _
AMTMIC
Passenger pickup at Pennsylvania Station across from tl)c GreYhQutld terminal at the
intersection of 1-iherty Aw. and Grant St,downtown. Service avaita 1c to N yt
Chicago, Pltiladelpllja and Washin¢ton, A•C•Te1: (800 57?z 7245
Part Authority 7f4n`;it(PAT)
13use§ run throuShoat Allegheny CQuttry and Light Rail routes connect Ihf kon11!Hlls,
Allentown and Station $juv;with PGWutoW4 fit.tsbur6h•
TO (412)442 NOP r • .
Temperatpres in August typically range between the 604 (morning and eYening) and the
80s (afternoon). •
Mus�t1�►� � l�t�rat+�iuna
The Andy Warhol Mtiseutq
Address: 1)7 Sandusky St., North Side
Tel: (412) 237-8300
Includes more: than spo pieces of Warhol's various creatjve works.
Carnegie Museum of Art
Address: 4400 Forbes Avg., Oakland
Tel: (412) 622-3131
French ltnpressionist, Post-lmpressionjst, 14th and early 20111 century American
Paintings are all included in the museum's permanent collection. • • •
Camegie Museum of Natural History
Address: 4400 Forbes Ave., Oakland
Tel: (412) 622-3131 • 1
Check opt the awesome T. Re:t along with 10 other dinosaur skeletons! This museum .
also houses the Hillman hall pf Minerals pod Gems,Wyckoff Hall of Arctic Life,The ,
Walton Hall of Ancient Fgypt, the Hall ofAfriean Wildlife and the Hall of North . •
American Wildlife,
Carnegie Science Center
Address: One Allegheny Ave., Pittsburgh,PA 15212 ' 1 • • . 1
Tel: (412) 237-3400
The Carnegie Science Center features one of the largest theaters in
the world, the OMNIMAXV, plus numerous exhibits, demos, the USS Requin
Submarine,Astronomical information and more!
Frick Art & Historical Center
Address: 7227 Reynolds St•, Point Freeze
Tel: (412) 371-0606
This unique center comprises 6 acres of museums and historical buildings including the • . . • • •
Clayton, the restored home of Henry Clay Frick,The Frick An Museum,The Carriage
Museum and the Muscurp Shop. if you like vintage automobiles,you'll toy; the
North Carolina General Assembly - NCGS CHAPTER 160A http : //www . ncga. state . nc .us/statutes/statutes% SFin % SFhtm1/chp160a. html
greater percentage of a lot to be left unoccupied , or impose
other higher standards than are required in any other statute or
local ordinance or regulation , regulations made under authority
of this Part shall govern . When the provisions of any other
statute or local ordinance or regulation require a greater width
or size of yards or courts , or require a lower height of a
building or a fewer number of stories , or require a greater
percentage of a lot to be left unoccupied , or impose other higher
standards than are required by the regulations made under
authority of this Part , the provisions of that statute or local
ordinance or regulation shall govern . ( 1923 , c . 250 , s . 9 ; C . S . ,
s . 2776 ( z ) ; 1971 , c . 698 , s . 1 . )
§ 160A- 391 . Other statutes not repealed .
This Part shall not repeal any zoning act or city planning
act , local or general , now in force , except those that are
repugnant to or inconsistent herewith . This Part shall be
construed to be an enlargement of the duties , powers , and
authority contained in other laws authorizing the appointment and
proper functioning of city planning commissions or zoning
commissions by any city or town in the State of North Carolina .
( 1923 , c . 250 , s . 11 ; C . S . , s . 2776 ( aa ) ; 1971 , c . 698 , s . 1 . )
§ 160A- 392 . Part applicable to buildings constructed by State
and its subdivisions ; exception .
All of the provisions of this Part are hereby made
applicable to the erection , construction , and use of buildings by
the State of North Carolina and its political subdivisions .
Notwithstanding the provisions of any general or local law
or ordinance , no land owned by the State of North Carolina may be
included within an overlay district or a special use or
conditional use district without approval of the Council of
State . ( 1951 , c . 1203 , s . 1 ; 1971 , c . 698 , s . 1 ; 1985 , c . 607 , s .
2 . )
§ § 160A- 3931 160A- 394 . Reserved for future codification
purposes .
PART 3A . Historic Districts .
§ § 160A- 395 to 160A- 399 : Repealed by
Session Laws 1989 , c . 706 , s . 1 .
Part 3B . Historic Properties Commissions .
§ § 160A- 399 . 1 through 160A- 400 : Repealed by
Session Laws 1989 , c . 706 .
Part 3C . Historic Districts and Landmarks .
160A- 400 . 1 . Legislative findings .
The historical heritage of our State is one of our most
valued and important assets . The conservation and preservation
of historic districts and landmarks stabilize and increase
property values in their areas and strengthen the overall economy
of the State . This Part authorizes cities and counties of the
State within their respective zoning jurisdictions and by means
of listing , regulation , and acquisition :
( 1 ) To safeguard the heritage of the city or county
by preserving any district or landmark therein that embodies
important elements of its culture , history , architectural
history , or prehistory ; and
( 2 ) To promote the use and conservation of such
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020
district or landmark for the education , pleasure and enrichment
of the residents of the city or county and the State as a whole .
( 1989 , c . 706 , s . 2 . )
§ 160A- 400 . 2 . Exercise of powers by counties as well as
cities .
The term " municipality " or " municipal " as used in G . S . 160A-
400 . 1 through 160A- 400 . 14 shall be deemed to include the
governing board or legislative board of a county , to the end that
counties may exercise the same powers as cities with respect to
the establishment of historic districts and designation of
landmarks . ( 1989 , c . 706 , s . 2 ; 1989 ( Reg . Sess . , 1990 ) , c . 1024 ,
s . 40 . )
160A- 400 . 3 . Character of historic district defined .
Historic districts established pursuant to this Part shall
consist of areas which are deemed to be of special significance
in terms of their history , prehistory , architecture , and / or
culture , and to possess integrity of design , setting , materials ,
feeling , and association . ( 1989 , c . 706 , s . 2 . )
§ 160A- 400 . 4 . Designation of historic districts .
Any municipal governing board may , as part of a zoning or
other 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 overlay other
zoning districts . Where historic districts are designated as
separate use districts , the zoning ordinance may include as uses
by right or as conditional uses those uses found by the
Preservation Commission to have existed during the period sought
to be restored or preserved , or to be compatible with the
restoration or preservation of the district .
No historic district or districts shall be designated until .
( 1 ) An investigation and report describing the
significance of the buildings , structures , features , sites or
surroundings included in any such proposed district , and a
description of the boundaries of such district has been prepared ,
and
( 2 ) The 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 municipal governing board within 30
calendar days after a written request for such analysis has been
received by the Department of Cultural Resources shall relieve
the municipality of any responsibility for awaiting such
analysis , and said board may at any time thereafter take any
necessary action to adopt or amend its zoning ordinance .
The municipal governing board may also , in its discretion ,
refer the report and proposed boundaries to any local
preservation commission or other interested body for its
,recommendations prior to taking action to amend the zoning
ordinance . With respect to any changes in the boundaries of such
. district subsequent to its initial establishment , or the creation
of additional districts within the jurisdiction , the
investigative studies and reports required by subdivision ( 1 ) of
this section shall be prepared by the preservation commission ,
and shall be referred to the local planning agency for its review
and comment according to procedures set forth in the zoning
ordinance . Changes in the boundaries of an initial district or
proposal for additional districts shall also be submitted to the
Department of Cultural Resources in accordance with the
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North Carolina General Assembly - NCGS CHAPTER 160A http % //www , ncga . state . nc . us/statutes/statutes % 5Fin% 5Fhtml/chp160a . html
021
provisions of subdivision ( 2 ) of this section .
On , receipt of these reports and recommendations , the
municipality may proceed in the same . manner as would otherwise be
required for the adoption or amendment of any appropriate zoning
ordinance provisions . ( 1989 , c . 706 , s . 2 . )
160A- 400 . 5 . Designation of landmarks ; adoption of an
ordinance ; criteria for designation .
Upon complying with G . S . 160A- 400 . 6 , the governing board may
adopt and from time to time amend or repeal an ordinance
designating one or more historic landmarks . No property shall be
recommended for designation as a historic landmark unless it is
deemed and found by the preservation 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 .
The ordinance shall describe each property designated in the
ordinance , the name or names of the owner or owners of the
property , those elements of the property that are integral to its
historical , architectural , 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
historic landmark , the ordinance shall require that the waiting
period set forth in this Part be observed prior to its
demolition . For each designated landmark , the ordinance may also .
provide for a suitable sign on the property indicating that the
property has been so designated . If the owner consents , the sign
shall be placed upon the property . If the owner objects , the
sign shall be placed on a nearby public right - of - way . ( 1989 , c .
706 , s . 2 . )
160A- 400 . 6 . Required landmark designation procedures .
As a guide for the identification and evaluation of
landmarks , the commission shall undertake , at the earliest
possible time and consistent with the resources available to it ,
an inventory of properties of historical , architectural ,
prehistorical , and cultural significance within its jurisdiction .
Such inventories and any additions or revisions thereof shall be
submitted as expeditiously as possible to the Division of
Archives and History . No ordinance designating a historic
building , structure , site , area or object as a landmark nor any
amendment thereto may be adopted , nor may any property be
accepted or acquired by a preservation commission or the
governing board of a municipality , until all of the following
procedural steps have been taken :
( 1 ) The preservation commission shall ( 1 ) prepare
and adopt rules of procedure , and ( ii ) prepare and adopt
principles and guidelines , not inconsistent with this Part , for
altering , restoring , moving , or demolishing properties designated
as landmarks .
( 2 ) The preservation commission shall make or cause
to be made an investigation and report on the historic ,
architectural , prehistorical , educational or cultural
significance of each building , structure , site , area or object
proposed for designation or acquisition . Such investigation or
report shall be forwarded to the Division of Archives and
History , North Carolina Department of Cultural Resources .
( 3 ) The Department of Cultural Resources , acting
through the State Historic Preservation Officer shall either upon
request of the department or at the initiative of the
preservation commission be given an opportunity to review and
comment upon the substance and effect of the designation of any
landmark pursuant to this Part . Any comments shall be provided
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Q G �:
in writing . If the Department does not submit its comments or
recommendation in connection with any designation within 30 days
following receipt by the Department of the investigation and
report of the commission , the commission and any city or county
governing board shall be -relieved of any responsibility to
consider such comments .
( 4 ) The preservation commission and the governing
board shall hold a joint public hearing or separate public
hearings on the proposed ordinance . Reasonable notice of the
time and place thereof shall be given . All meetings of the
commission shall be open to the public , in accordance with the
North Carolina Open Meetings Law , Chapter 143 , Article 33C .
( 5 ) Following the joint public hearing or separate
public hearings , the governing board may adopt the ordinance as
proposed , adopt the ordinance with any amendments it deems
necessary , or reject the proposed ordinance .
' ( 6 ) Upon adoption of the ordinance, the owners and
occupants of each designated landmark shall be given written
notification of such designation insofar as reasonable diligence
permits . One copy of the ordinance and all amendments thereto
shall be filed by the preservation commission in the office of
the register of deeds of the county in which the landmark or
landmarks are located . Each designated landmark shall be indexed
according to the name of the owner of the property in the grantee
and grantor indexes in the register of deeds office , and the
preservation commission shall pay a reasonable fee for filing and
indexing . In the case of any landmark property lying within the
zoning jurisdiction of a city , a second copy of the ordinance and
all amendments thereto shall be kept on file in the office of the
city or town clerk and be made available for public inspection at
any reasonable time . A third copy of the ordinance and all
amendments thereto shall be given to the city or county building
inspector . The fact that a building , structure , site , area or
object has been designated a landmark shall be clearly indicated
on all tax maps maintained by the county or city for such period
as the designation remains in effect .
( 7 ) Upon the adoption of the landmarks ordinance or
any amendment thereto , it shall be the duty of the preservation
commission to give notice thereof to the tax supervisor of the
county in which the property is located . The designation and any
recorded restrictions upon the property limiting its use for
preservation purposes shall be considered by the tax supervisor
in appraising it for tax purposes . ( 1989 , c . 706 , s . 2 . )
§ 160A- 400 . 7 . Historic Preservation Commission .
Before it may designate one or * more landmarks or historic
districts , a municipality shall establish or designate a historic
preservation commission . The municipal governing board shall
determine the number of the members of the commission , which
shall be at least three , and the length of their terms , which
shall be no greater than four years . A majority of the members
of such a commission shall have demonstrated special interest ,
experience , or education in history , architecture , archaeology ,
or related fields . All the members shall reside within the
territorial jurisdiction of the municipality as established
pursuant to G . S . 160A - 360 . The commission may appoint advisory
bodies and committees as appropriate .
In lieu of establishing a historic preservation commission ,
a municipality may designate as its historic preservation
commission , ( 1 ) . a . separate historic districts commission or a
separate historic landmarks commission established pursuant to
this Part to deal only with historic districts or landmarks
respectively , ( ii ) a planning agency established pursuant to this
Article , or ( ii .i ) a community appearance commission established
pursuant to Part 7 of this Article . In order for a commission or
. 54 of 270 6/20/2000 109619 AM
North Carolina General Assembly - NCGS CHAPTER 160A http : //www .ncga , state . nc . us/statutes/statutes %5Fin%5Fhtml/chp160a . html
board other than the preservation commission to be designated , at 0 20
least three of its members shall have demonstrated special
interest , experience , or education in history , architecture , or
related fields . At the discretion of the municipality the
ordinance may also provide that the preservation commission may
exercise within a historic district any or all of the powers of a
planning agency or a community appearance commission .
A county and one or more cities in the county may establish
or designate a joint preservation commission . If a joint
commission is established or designated , the county and cities
involved shall determine the residence requirements of members of
the joint preservation commission . ( 1989 , c . 706 , s . 2 . )
§ 160A- 400 . 8 . Powers of the Historic Preservation
Commission .
A preservation commission established pursuant to this Part
may , within the zoning jurisdiction of the municipality :
( 1 ) Undertake an inventory of properties of
historical , prehistorical , architectural , and / or cultural
significance ;
( 2 ) Recommend to the municipal governing board
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 ) 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 ,
( 4 ) Restore , preserve and operate historic
properties ;
( 5 ) Recommend to the governing board 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 ;
( 6 ) Conduct an educational program with respect to
historic properties and districts within its jurisdiction ;
( 7 ) Cooperate with the State , federal , and local
governments in pursuance of the purposes of this Part . The
governing board or the commission when authorized by the
governing board may contract with the State , or the United States
of America , or any agency of either , or with any other
organization provided the terms are not inconsistent with State
or federal law ;
( 8 ) Enter , solely in performance of its official
duties and only at reasonable times , upon private lands for
examination or survey thereof . However , no member , employee or
agent of the commission may enter any private building or
structure without the express consent of the owner or occupant
thereof ;
( 9 ) Prepare and recommend the official adoption of
a preservation element as part of the municipality ' s
comprehensive plan ;
( 10 ) Review and act upon proposals for alterations ,
demolitions , or new construction within historic districts , or
for the alteration or demolition of designated landmarks ,
pursuant to this Part ; and
( 11 ) Negotiate at any time with the owner of a
building , structure , - site , area , or object for its acquisition or
its preservation , when such action is reasonably necessary or
appropriate . ( 1989 , c . 706 , s . 2 . )
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§ 160A- 400 . 9 . Certificate of appropriateness required .
( a ) From and after the designation of a landmark or a
historic district , no exterior portion of any building or other
structure ( including masonry 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 , moved , or demolished on such
landmark or within such district until after an application for a
certificate of appropriateness as to exterior features has been
submitted to and approved by the preservation 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 the purposes of constructing , altering ,
moving , or demolishing structures , which certificate may be
issued subject to reasonable conditions necessary to carry out
the purposes of this Part . A certificate of appropriateness
shall be required whether or not a building or other permit is
required .
For purposes of this Part , " exterior features " shall include
the architectural style , general design , and general arrangement
of the exterior of a building or other structure , including the
kind and texture of the building material , the size and scale of
the building , and the type and style of all windows , doors , light
fixtures , signs , and other appurtenant fixtures . In the case of
outdoor advertising signs , " exterior features " shall be construed
to mean the style , material , size , and location of all such
signs . Such " exterior features " may , in the discretion of the
local governing board , include historic signs , color , and
significant landscape , archaeological , and natural features of
the area .
Except as provided in ( b ) below , the commission shall have
no jurisdiction over interior arrangement and shall take no
action under this section except to prevent the construction ,
reconstruction , alteration , restoration , moving , or demolition of
buildings , structures , appurtenant fixtures , outdoor advertising
signs , or other significant features in the district which would
be incongruous with the special character of the landmark or
district .
( b ) Notwithstanding subsection ( a ) of this section ,
jurisdiction of the commission over interior spaces shall be
limited to specific interior features of architectural , artistic
or historical significance in publicly 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 of the county in which the property is located
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 .
( c ) Prior to any action to enforce a landmark or historic
district ordinance , the commission shall ( 1 ) prepare and adopt
rules of procedure , and ( ii ) prepare and adopt principles and
guidelines not inconsistent with this Part for new construction ,
alterations , additions , moving and demolition . The ordinance may
provide , subject to prior adoption by the preservation commission
of detailed standards , for the review and approval by an
administrative official of applications for a certificate of
appropriateness or of minor works as defined by ordinance ;
provided , however , that no application for a certificate of
- appropriateness may be denied without formal action by the
preservation commission .
Prior to issuance or denial of a certificate of
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appropriateness the commission shall take such steps as may be
reasonably required in the ordinance and / or rules of procedure to
inform the owners of any property likely to be materially
affected by the application , and shall give the applicant and
such owners an opportunity to be heard . In cases where the
commission deems it necessary , it may hold a public hearing
concerning the application . All meetings of the commission shall
be open to the public , in accordance with the North Carolina Open
Meetings Law , Chapter 143 , Article 33C .
( d ) All applications for certificates of appropriateness
shall be reviewed and acted upon within a reasonable time , not to
exceed 180 days from the date the application for a certificate
of appropriateness is filed , as defined by the ordinance or the
commission ' s rules of procedure . As part of its review
procedure , the commission may view the premises and seek the
advice of the Division of Archives and History or such other
expert ' advice as it may deem necessary under the circumstances .
( e ) An appeal may be taken to the Board of Adjustment from
the commission ' s action in granting or denying any certificate ,
which appeals ( 1 ) may be taken by any aggrieved party , ( ii ) shall
be taken within times prescribed by the preservation commission
by general rule , and ( iii ) shall be in the nature of
certiorari . 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 .
( f ) All of the provisions of this Part are hereby made
applicable to construction , alteration , moving and demolition by
the State of North Carolina , its political subdivisions , agencies
and instrumentalities , provided however they shall not apply to
interiors of buildings or structures owned by the State of North
Carolina , The State and its agencies shall have a right of
appeal to the North Carolina Historical Commission or any
successor agency assuming its responsibilities under G . S . 121 -
12 ( a ) from any decision of a local preservation commission . The
commission shall render its decision within 30 days from the date
that the notice of appeal by the State is received by it . The
current edition of 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 for certificates of
appropriateness . The decision of the commission shall be final
and binding upon both the State and the preservation commission .
( 1989 , c . 706 , s . 2 . )
§ 160A- 400 . 10 . Conflict with other laws .
Whenever any ordinance adopted pursuant to this Part
requires a longer waiting period or imposes other higher
standards with respect to a designated historic landmark or
district than are established under any other statute , charter
provision , or regulation , this Part shall govern . Whenever the
provisions of any other statute , charter provision , ordinance or
regulation require a longer waiting period or impose other higher
standards than are established under this Part , such other
statute , charter provision , ordinance or regulation shall govern .
( 1989 , c . 706 , s . 2 . )
§ 160A- 400 . 11 . Remedies .
In case any building , structure , site , area or object
designated as a historic landmark or located within a historic
district designated pursuant to this Part is about to be
demolished whether as the result of deliberate neglect or
otherwise , materially altered , remodeled , removed or destroyed ,
except in compliance with the ordinance or other provisions of
this Part , the city or county , the historic preservation
commission , or other party aggrieved by such action may institute
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any appropriate action or proceedings to prevent such unlawful
demolition , destruction , material alteration , remodeling or
removal , to restrain , correct or abate such violation , or to
prevent any illegal act or conduct with respect to such building ,
structure , site , area or object . Such remedies shall be in
addition to any others authorized by this Chapter for violation
of a municipal ordinance . _ ( 1989 , c . 706 , s . 2 . )
§ 160A- 400 . 12 . Appropriations .
A city or county governing board is authorized to make
appropriations to a historic preservation commission established
pursuant to this Part in any amount that it may determine
necessary for the expenses of the operation of the commission ,
and may make available any additional amounts necessary for the
acquisition , restoration , preservation , operation , and management
of historic buildings , structures , sites , areas or objects
designated as historic landmarks or within designated historic
districts , or of land on which such buildings or structures are
located , or to which they may be removed . ( 1989 , c . 706 , s . 2 . )
§ 160A- 400 . 13 . Certain changes not prohibited .
Nothing in this Part shall be construed to prevent the
ordinary maintenance or repair of any exterior architectural
feature in a historic district or of a landmark which does not
involve a change in design , material or appearance thereof , nor
to prevent the construction , reconstruction , alteration ,
restoration , moving 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 .
Nothing in this Part shall be construed to prevent a property
owner from making any use of his property that is not prohibited
by other law . Nothing in this Part shall be construed to prevent
a ) the maintenance , or b ) in the event of an emergency the
immediate restoration , of any existing above - ground utility
structure without approval by the preservation commission . ( 1989 ,
c . 706 , s . 2 . )
§ 160A- 400 . 14 . Delay in demolition of landmarks and buildings
within historic district .
( a ) An application for a certificate of appropriateness
authorizing the relocation , demolition or destruction of a
designated landmark or a building , structure or site within the
district may not be denied except as provided in subsection ( c ) .
However , the effective date of such a certificate may be delayed
for a period of up to 365 days from the date of approval . The
maximum period of delay authorized by this section shall be
reduced by the commission where it finds that the owner would
suffer extreme hardship or be permanently deprived of all
beneficial use of or return from such property by virtue of the
delay . During such period the preservation commission shall
negotiate with the owner and with any other parties in an effort
to find a means of preserving the building or site : If the
preservation commission finds that a building or site within a
district has no special significance or value toward maintaining
the character of the district , it shall waive all or part of such
period and authorize earlier demolition , or removal .
If the commission or planning agency has voted to recommend
designation of a property as a landmark or designation of an area
as a district , and final designation has not been made . by the
local governing board , the demolition or destruction of any
building , site , or structure located on the property of the
proposed landmark or in the proposed district may be delayed by
the commission or planning agency for a period of up to 180 days
or until the local governing board takes final action on the
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designation , whichever occurs first .
( b ), The governing board of any municipality may enact an
ordinance to prevent the demolition by neglect of any designated
landmark or any building or structure within an established
historic district . Such ordinance shall provide appropriate
safeguards to protect property owners from undue economic
hardship .
( c ) An application for a certificate of appropriateness
authorizing the demolition or destruction of a building , site , or
structure determined by the State Historic Preservation Officer
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 . ( 1989 , c . 706 , s . 2 ; 1991 , c .
514 . )
Part 4 . Acquisition of Open Space ,
160A- 401 . Legislative intent .
It is the intent of the General Assembly in enacting this
Part to provide a means whereby any county or city may acquire ,
by purchase , gift , grant , bequest , devise , lease , or otherwise ,
and through the expenditure of . public funds , the fee or any
lesser interest or right in real property in order to preserve ,
through limitation of their future use , open spaces and areas for
public use and enjoyment . ( 1963 , c . 1129 , s . 1 ; 1971 , c . 698 , s .
l . )
§ 160A- 402 . Finding of necessity .
The General Assembly finds that the rapid growth and spread
of urban development in the State is encroaching upon , or
eliminating , many open areas and spaces of varied size and
character , including many having significant scenic or esthetic
values , which areas and spaces if preserved and maintained in
their present open state would constitute important physical ,
social , esthetic , or economic assets to existing and impending
urban development . The General Assembly declares that it is
necessary for sound and proper urban development and in the
public interest of the people of this State for any county or
city to expend or advance public funds for , or to accept by
purchase , gift , grant , bequest , devise , lease , or otherwise , the
fee or any lesser interest or right in real property so as to
acquire , maintain , improve , protect , limit the future use of , or
otherwise conserve open spaces and areas within their respective
jurisdictions as defined by this Article .
The General Assembly declares that the acquisition of
interests or rights in real property for the preservation of open
spaces and areas constitutes a public purpose for which public
funds may be expended or advanced . ( 1963 , c . 1129 , s . 2 ; 1971 , c .
698 , s . 1 . )
§ 160A- 403 . Counties or cities authorized to acquire and
reconvey real property .
Any county or city in the State may acquire by purchase ,
gift , grant , bequest , devise , lease , or otherwise , the fee or any
lesser interest , development right , easement , covenant , or other
contractual right of or to real property within its respective
jurisdiction , when it finds that the acquisition is necessary to
achieve the purposes of this Part . Any county or , city may also
_ acquire the fee to any property for the purpose of conveying or
leasing the property back to its original owner or other person
under covenants or other contractual arrangements that will limit
the future use of the property in accordance with the purposes of
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