§ 28-77. Designation reports.

(a)

Prepared by commission. If the commission decides that a property should be considered for designation, the commission shall make or cause to be made an investigation and report meeting the minimum standards contained in subsection (c) of this section.

(b)

Prepared by owner. To receive consideration for designation of a property as historic, a property owner must submit to the commission an application meeting the minimum standards contained in subsection (c) of this section. Applications prepared by owners will be judged by the same criteria as those prepared by the commission. Owner applications shall be made on forms provided by the commission.

(c)

Contents. Designation reports, whether prepared by the commission or submitted as applications by an owner, shall include the following:

(1)

The name of the property, both common and historic names if they can be determined.

(2)

The name and address of the current property owner.

(3)

The location of the property and a justification of the land proposed to be designated historic. If located in an urban area, the street address shall be used; if located in a rural area, the approximate location in relation to state routes should be used.

(4)

The date of construction and of any later alterations, if any.

(5)

An assessment of the significance of the site or structure pursuant to the criteria established in G.S. 160A-400.5.

(6)

An architectural or archaeological description of the area of the site or structure proposed to be designated. If outbuildings or other appurtenant features will be designated, the report should contain a description of these elements.

(7)

A historical discussion of the site or structure within its type, period and locality.

(8)

An overall photograph that clearly depicts the property proposed to be designated and supplementary photographs showing facades, details and siting.

(9)

A map showing the location of the property, including any outbuildings and appurtenant features. A tax map with the boundaries of the designated properties marked.

(10)

A concise statement of all elements to be included in the designation.

(d)

Submission of reports. A designation report prepared by or for the commission may be considered at any meeting of the commission provided the notification requirements contained in subsection (e) of this section are met. An application for designation prepared by the property owner and meeting all of the standards contained in subsection (c) of this section must be received at least 30 calendar days prior to the next meeting of the commission to be considered at the meeting.

(e)

Notification procedures. When a designation report is prepared by the commission and is to be considered at a commissioners' meeting, the chairperson shall notify by certified mail, mailed not less than seven calendar days prior to the meeting at which the matter is to be heard, the owners of the property and the owners of abutting property. When an application for designation is submitted by the owner, the chairperson, using stamped, addressed envelopes provided by the owner, shall notify the abutting property owners by certified mail, mailed not less than seven calendar days prior to the meeting at which the matter is to be heard.

(f)

Consideration of report. Once the designation report has been prepared, either by the commission or by the owner, and once the notification required by subsection (e) of this section has been met, the commission shall consider the report. The commission may accept it, amend it, reject it or recommend further study. Prior to final action on a designation report, the commission shall indicate the extent to which the property meets the criteria for designation contained in G.S. 160A-400.5.

(g)

Review by department of cultural resources. A report accepted by the historic properties commission shall be submitted to the state department of cultural resources, division of archives and history, for comments pursuant to G.S. 160A-400.6. After the expiration of the 30-day comment period given the division of archives and history, the commission may recommend to the city council that the property be designated as an historic property subject to the requirements of G.S. 160A-400.

(h)

Submission to city council. The commissioners shall submit a copy of their report and a proposed ordinance of designation to the city council.

(i)

Public hearing. When a proposed ordinance of designation is submitted, the city council shall hold a public hearing on the proposed ordinance.

(j)

Adoption of ordinance. Following the joint or separate public hearing, the city council may adopt the ordinance as proposed, adopt the ordinance with amendments or reject the ordinance.

(Code 1971, § 13½-22; Ord. No. 97-1075, § 2, 12-4-97)