2.5.4 Powers and Duties

The HPC is authorized and empowered to undertake such actions reasonably necessary to discharge and conduct its duties and responsibilities.

The HPC shall act to promote, enhance and preserve the character and heritage of the Durham community. The HPC has the following general authority:

1. To undertake inventories in Durham County of properties of historical, architectural or archaeological significance.

2. To sponsor or conduct educational programs regarding Historic Districts or Historic Landmarks.

3. To give advice to property owners concerning the treatment of the historical and visual characteristics of his or her property located within any Historic District or designated as an Historic Landmark, such as color schemes, gardens and landscape features, and minor decorative elements.

4. To cooperate with the State, Federal and local governments in historic preservation matters.

5. To enter, solely in the performance of its official duties and only at reasonable times and only with the consent of the property owner, upon private land for the examination or survey of the property. However, no member, employee or agent of the HPC may enter any private building or structure without the express consent of the occupants or owner.

6. Recommend to the Board of Commissioners and/or the City Council the following:

a. Areas to be designated by ordinance as Historic Districts;

b. The designation of any Historic District be revoked or removed;

c. Buildings, structures, sites, areas or objects within their relative areas of zoning jurisdiction to be designated by ordinance as Historic Landmarks;

d. The designation of any building, structure, site, area, or object as an Historic Landmark be removed;

e. Other means of preservation and intervention at such times as vital historic resources appear, in the view of the HPC, to be threatened by neglect, use, demolition, or alteration; and

f. Changes to the City-County Interlocal Agreement which establishes the HPC, or any other related County and City ordinances, and to propose new ordinances relating to Historic Districts, Historic Landmarks or the total program for the development and preservation of historic resources of Durham and its environs.

For purposes of Sec. 3.18, Demolition by Neglect, the Historic Preservation Commission is designated a planning board under NCGS §160D-301, authorized to operate as a Board of Adjustment (BOA) and make quasi-judicial decisions under NCGS §160D-302 for the administrative determinations described herein.

The HPC shall be responsible for reviewing and making recommendations regarding the following applications:.

1. Local historic district/landmark designations;

2. Amendments to the text of the Historic Properties Local Review Criteria; and

3. Amendments to the text of Local Historic District Preservation Plans.

The HPC shall be responsible for final action regarding applications for certificates of appropriateness.

The HPC shall prepare an annual report and submit it to the Board of Commissioners and the City Council. The annual report shall include a comprehensive review of the HPC's activities, problems, and actions of the HPC and any budget requests or other recommendations.