§ 160A-400.6. Required landmark designation procedures.
§ 160A‑400.6. Required landmark designationprocedures.
As a guide for the identification and evaluation of landmarks, thecommission shall undertake, at the earliest possible time and consistent withthe resources available to it, an inventory of properties of historical,architectural, prehistorical, and cultural significance within itsjurisdiction. Such inventories and any additions or revisions thereof shall besubmitted as expeditiously as possible to the Office of Archives and History.No ordinance designating a historic building, structure, site, area or objectas a landmark nor any amendment thereto may be adopted, nor may any property beaccepted or acquired by a preservation commission or the governing board of amunicipality, until all of the following procedural steps have been taken:
(1) The preservation commission shall (i) prepare and adoptrules of procedure, and (ii) prepare and adopt principles and guidelines, notinconsistent with this Part, for altering, restoring, moving, or demolishingproperties designated as landmarks.
(2) The preservation commission shall make or cause to be madean investigation and report on the historic, architectural, prehistorical,educational or cultural significance of each building, structure, site, area orobject proposed for designation or acquisition. Such investigation or reportshall be forwarded to the Office of Archives and History, North CarolinaDepartment of Cultural Resources.
(3) The Department of Cultural Resources, acting through theState Historic Preservation Officer shall either upon request of the departmentor at the initiative of the preservation commission be given an opportunity toreview and comment upon the substance and effect of the designation of anylandmark pursuant to this Part. Any comments shall be provided in writing. Ifthe Department does not submit its comments or recommendation in connectionwith any designation within 30 days following receipt by the Department of theinvestigation and report of the commission, the commission and any city orcounty governing board shall be relieved of any responsibility to consider suchcomments.
(4) The preservation commission and the governing board shallhold a joint public hearing or separate public hearings on the proposedordinance. Reasonable notice of the time and place thereof shall be given. Allmeetings of the commission shall be open to the public, in accordance with theNorth Carolina Open Meetings Law, Chapter 143, Article 33C.
(5) Following the joint public hearing or separate publichearings, the governing board may adopt the ordinance as proposed, adopt theordinance with any amendments it deems necessary, or reject the proposedordinance.
(6) Upon adoption of the ordinance, the owners and occupants ofeach designated landmark shall be given written notification of suchdesignation insofar as reasonable diligence permits. One copy of the ordinanceand all amendments thereto shall be filed by the preservation commission in theoffice of the register of deeds of the county in which the landmark orlandmarks are located. Each designated landmark shall be indexed according tothe name of the owner of the property in the grantee and grantor indexes in theregister of deeds office, and the preservation commission shall pay a reasonablefee for filing and indexing. In the case of any landmark property lying withinthe zoning jurisdiction of a city, a second copy of the ordinance and allamendments thereto shall be kept on file in the office of the city or townclerk and be made available for public inspection at any reasonable time. Athird copy of the ordinance and all amendments thereto shall be given to thecity or county building inspector. The fact that a building, structure, site,area or object has been designated a landmark shall be clearly indicated on alltax maps maintained by the county or city for such period as the designationremains in effect.
(7) Upon the adoption of the landmarks ordinance or anyamendment thereto, it shall be the duty of the preservation commission to givenotice thereof to the tax supervisor of the county in which the property islocated. The designation and any recorded restrictions upon the propertylimiting its use for preservation purposes shall be considered by the taxsupervisor in appraising it for tax purposes. (1989, c. 706, s. 2; 2002‑159, s. 35(m).)