3.16.3 Designation of an Historic Landmark

1. An application for an historic landmark designation shall be submitted in accordance with paragraph 3.2.4, Application Requirements.

2. Requests for designation shall include the specific elements of the property for which historic landmark designation is proposed.

1. In accordance with NCGS §160D-946, the HPC shall make or cause to be made an investigation and report on the prehistorical, historical, architectural, educational or cultural significance of each building, structure, site, area or object proposed for designation or acquisition. The investigation and report shall be forwarded to the Office of Archives and History, North Carolina Department of Natural and Cultural Resources.

1. A building, structure, site, area or object may be considered for designation as an historic landmark only if all of the following three criteria are met:

a. The property must not currently be undergoing renovation unless it has been approved for state or federal tax credits in accordance with the Secretary of Interior Standards;

b. The HPC must deem and find that the building, structure, site, area, or object meets at least one of the three following criteria:

(1) Individual listing on the National Register of Historic Places or on the Study List;

(2) Statewide Significance status granted by the State Historic Preservation Office;

(3) Integrity of location, design, setting, materials, and workmanship, feeling and association on the whole, and:

(a) Is associated with events that have made a significant contribution to the broad patterns of local, regional, or national history; or

(b) Is associated with the lives of persons significant in local, regional, national history; or

(c) Embodies the distinctive characteristics of a type, period, or method of construction; represents the work of a master; possesses high artistic values (i.e., the architecture alone is significant in its own right); or

(d) Has yielded, or may be likely to yield, information important to Durham’s history or prehistory.

c. The governing body must deem and find that the property possesses distinction within the context or period of significance.

Commentary: A building, structure, site, area or object whose components lack individual distinction may still be considered a landmark if the whole is significant.

2. A property shall be designated as a historic landmark only with the consent of the property owner or owners.

1. In accordance with NCGS §160D-946, the HPC shall make or cause to be made an investigation and report on the prehistorical, historical, architectural, educational or cultural significance of each building, structure, site, area or object proposed for designation or acquisition. The investigation and report shall be forwarded to the Division of Archives and History, North Carolina Department of Cultural Resources.

2. The HPC shall hold a public hearing and give notice in accordance to paragraph 3.2.5, Notice and Public Hearings, on the proposed ordinance of designation. It shall recommend to the governing body, denial of designation or approval of designation of the proposed historic landmark.

In accordance with NCGS §160D-946, the NC Department of Natural and Cultural Resources shall make an analysis of and recommendations concerning the investigation and report. 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.

1. The governing body, after ensuring that the other governing body has been notified, shall hold a public hearing and give notice in accordance paragraph 3.2.5, Notice and Public Hearings, on the proposed ordinance of designation.

2. Following the public hearing, the governing body may adopt the ordinance of designation as proposed, adopt the ordinance of designation with any amendments it deems necessary, or reject the proposal.

Upon compliance with the required procedures of this section, the governing body may, for its respective jurisdiction, adopt and from time to time amend or repeal an ordinance designating one or more historic landmarks. The ordinance shall include the following information:

1. A legal description of each property designated by the ordinance, including the tax identification number for the property. The ordinance shall clearly indicate what elements of the property are designated as an historic landmark. Examples of those elements are a building’s interior, its exterior, any specific or all outbuildings, other site elements or the entire site;

2. The name or names of the owner or owners of the property;

3. A description of those elements of the landmark that are integral to its educational, cultural, historical, architectural or prehistorical value;

4. The land area of the property;

5. A note that structural and site improvements shall require approval of a certificate of appropriateness pursuant to Sec. 3.17, Certificate of Appropriateness, if applicable; and that, for each building, structure, site, area or object, the waiting period set forth in paragraph 3.17.6, COA for Demolition, Destruction and Relocation of this Ordinance shall be observed prior to its demolition; and

6. Any other information the HPC deems necessary.

The ordinance designating the landmark may also provide for suitable markers on the property noting that the landmark has been so designated, including but not limited to signs, plaques or other appropriate indicators. If the owner consents, the sign shall be placed upon the property. If the owner objects, the sign shall be placed on a nearby public right-of-way.

Upon adoption of the ordinance of designation, the following provisions shall apply:

1. The owners and occupants of each designated historic landmark shall be given written notification of such designation by the Planning Director, or designee, insofar as reasonable diligence permits.

2. One copy of the ordinance and each amendment thereto shall be filed by Planning Director, or designee, in the Office of the Register of Deeds of Durham County. Each historic landmark designated in the ordinance shall be indexed according to the name of the owner of the property in the grantee and grantor indexes in the Office of the Register of Deeds.

3. One copy of the ordinance and each amendment thereto shall be given to the Inspections Director, or designee.

4. For historic landmarks, one copy of the ordinance and each amendment thereto shall be kept on file in the Office of the City or County Clerk, as appropriate, and made available for public inspection at any reasonable time.

5. The fact that a building, structure, site, area or object has been designated as an historic landmark shall be clearly indicated on all maps maintained by Durham County for tax purposes for such period as the designation remains in effect.

6. The Planning Director, or designee, shall give notice of the adoption of an ordinance of designation and any amendment thereof to the Durham County Tax Supervisor. The designation and any recorded restriction upon the property limiting its use for preservation purposes shall be considered by the Tax Supervisor in appraising it for tax purposes.

1. Designation shall remain applicable to all properties subdivided from the originally designated property.

2. When designated property is recombined with non-designated property, the designation shall remain applicable only to the improvements and portion of property originally designated, and shall not extend to improvements and the portions of the recombined property not originally designated.