3.16.2 Designation of an Historic District

Petitions to initiate the establishment of a local historic district are granted or denied by the applicable governing body, depending upon jurisdiction. Petitions shall first be considered by the Historic preservation Commission (HPC), which shall make a recommendation to the governing body as to whether the governing body should or should not initiate the request. If the governing body initiates the request, staff will proceed as directed with the designation of a local historic district zoning overlay (-H), including development of the required Historic District Preservation Plan.

Commentary: As noted below, the HPC must consider findings before sending the request to the governing body. The governing body will consider information provided by the applicant, the HPC, and staff. Information provided by the applicant will include a percent of property owner support for the designation, which may factor in the governing body’s decision to initiate the establishment of the proposed historic district designation.

a. Requests to establish a local historic district shall be submitted to the Planning Department, which shall in turn send the request to the HPC for its recommendation to the governing body.

b. The Planning Department shall give notice in accordance with paragraph 3.2.5, Notice and Public Hearings, that a request has been filed and shall be considered by the HPC at a specified date and time.

The HPC shall conduct a preliminary consideration of the request and, at this time, shall make a recommendation to the governing body based upon the following findings:

a. That the area is of special significance in terms of its prehistorical, historical, architectural or cultural importance; and

b. That the area possesses integrity of design, setting, materials, feeling and association.

Upon reviewing information provided by the applicant and staff, and the findings and recommendation from the HPC, the governing body shall determine whether to initiate a formal designation process of the proposed local historic district, including development of the Historic District Preservation Plan. If the governing body determines a local historic district designation process shall proceed, it shall also determine when staff and the HPC should begin work based upon departmental staffing and work program priorities.

1. An Historic District Preservation Plan shall include an investigation and report describing the significance of the buildings, structures, features, sites, or surroundings included in the proposed historic district and a description of the boundaries of the proposed historic district, in accordance with NCGS §160D-944; principles and design review criteria (guidelines) for certificates of appropriateness as required in NCGS §160D-947; and a preservation strategy tailored to the individual needs of the specific area.

The Historic Properties Local Review Criteria, as amended, shall be the adopted principles and design review criteria applicable to all local historic districts, and shall be specifically referenced within the Historic District Preservation Plan.

In accordance with NCGS §160D-944, the NC Department of Natural and Cultural Resources shall make an analysis of and recommendations concerning the investigation and report contained in the Historic District Preservation Plan. Failure of the NC Department of Natural and Cultural Resources to submit its written analysis and recommendations within 30 days after a written request for such analysis has been received by the Department shall relieve the governing body of any responsibility for awaiting such analysis, and the governing body may at any time thereafter take action on the proposed historic district and Historic District Preservation Plan.

1. The HPC shall conduct a public hearing and give notice in accordance with paragraph 3.2.5, Notice and Public Hearings, on the proposed historic district designation and the Historic District Preservation Plan, prior to making a recommendation for approval or denial to the appropriate governing body.

2. The HPC shall review the proposed historic district designation and the Historic District Preservation Plan and shall recommend to the appropriate governing body denial of the request or designation of the area.

3. The HPC shall forward its recommendation on historic district designation to the Planning Commission and to the governing body with a recommended Historic District Preservation Plan. Consideration of the Historic District Preservation Plan shall be part of the consideration of the historic district designation.

1. The Planning Commission shall conduct a public hearing and give notice in accordance with paragraph 3.2.5, Notice and Public Hearings, on the proposed historic district designation and the Historic District Preservation Plan.

2. The Planning Commission shall review the proposed historic district designation and the Historic District Preservation Plan and shall recommend denial or designation of the area.

1. The governing body shall set a public hearing and shall notify property owners within the proposed historic district of the public hearing in accordance with the public hearing and notification provisions of paragraph 3.2.5, Notice and Public Hearings.

2. The governing body, shall hold a public hearing to consider the request to designate the historic district and the adoption of the Historic District Preservation Plan. The protest petition procedures as established for a petition for zoning map change in paragraph 3.5.13, Valid Protest Petition, may apply to the designation or amendment of an historic district.

3. If the governing body denies a request for designating an historic district, property owners may not initiate a new request to designate an historic district for the same area until at least one year after the governing body’s action to deny the request.

4. When the governing body designates an area as an historic district, the Historic District Preservation Plan for the particular historic district shall become City or County policy and all appropriate public bodies or administrative officials cited as having implementation responsibilities shall be directed to use their best efforts to ensure the effective implementation of the Plan as it is written.