§ 28-42. Powers.

The historic preservation commission is authorized and empowered to undertake such actions reasonably necessary to the discharge and conduct of its duties and responsibilities as outlined in this chapter and G.S. 160A-400.1 et seq., including, but not limited to, the following:

(1)

As a guide for the identification and evaluation of landmarks, the commission, at the earliest possible time, and consistent with the resources available to it, shall undertake 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.

(2)

Recommend to the city council areas to be designated by ordinance as an "historic district," and buildings, structures, sites, areas or objects within its zoning jurisdiction 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 same 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 such historic properties.

(5)

Recommend to the city council that the designation of any area as a historic district or part thereof, or designation of any building, structure, site, area or object as a historic landmark be revoked or removed for cause.

(6)

Conduct an educational program with respect to historic properties within its jurisdiction.

(7)

Cooperate with the state, federal and local governments in pursuance of the purposes of this chapter. The city council or the commission, when authorized by the city council, 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 chapter.

(11)

Negotiate at any time with the owner of a building, structure, site area, area, or object for its acquisition or its preservation, when such action is reasonably necessary or appropriate.

(12)

Accept funds granted to the commission for preservation purposes from private individuals and organizations.

(13)

Adopt by rule design guidelines whose purpose shall be to ensure, insofar as possible, that changes in designated historic properties shall be in harmony with the reasons for their designation.

(14)

Adopt rules of procedure for the conduct of its business.

(Code 1971, § 13½-12)

State law reference

Similar provisions, G.S. 160A-400.8.