3.17.5 Major Works COA

The HPC shall be the approving authority for any improvement to property within a local historic district or with a local historic landmark designation that requires a COA, but does not qualify as a minor COA.

The Planning Director, or designee, shall notify the members of the HPC at least seven calendar days before its regularly scheduled meeting of any pending applications scheduled for the public hearing.

1. The HPC shall hold a public hearing for a major works COA. Public notice of applications shall be provided pursuant to paragraph 3.2.5, Notice and Public Hearings.

2. As part of its review procedure, the HPC may view the premises and seek the advice of the North Carolina Department of Natural and Cultural Resources or other expert advice as it may deem necessary under the circumstances.

3. The HPC shall approve, approve with modifications or conditions, or disapprove an application for a major works COA.

4. Prior to final action on an application for a certificate of appropriateness in an historic district, the HPC, using the applicable design review criteria adopted within the Historic Properties Local Review Criteria, as amended, shall make findings of fact indicating the extent to which the application is or is not consistent with the historic character and qualities of the historic district.

5. Prior to final action on an application for a certificate of appropriateness for an historic landmark, the HPC, using the and applicable design review criteria adopted within the Historic Properties Local Review Criteria, as amended, shall make findings of fact indicating the extent to which the application is or is not consistent with the historic character and qualities of the historic landmark property.

6. The HPC may not deny a certificate of appropriateness for demolition except as specified in paragraph 3.17.6, COA for Demolition, Destruction and Relocation.

1. For historic districts, the intent of these regulations is to ensure, insofar as possible, that buildings or structures in the historic district shall be in harmony with other building or structures located therein. However, it is not the intention of these regulations to require the reconstruction or restoration of individual or original buildings or to prohibit the demolition or removal of such buildings or to impose architectural styles from particular historic periods. In considering new construction, the HPC shall encourage contemporary design which is harmonious with the character of the historic district.

2. In granting a COA, the HPC shall take into account, in accordance with the Historic Properties Local Review Criteria, as amended:

a. The historic or architectural significance of the structure under consideration in relation to the historic value of the district;

b. The exterior form and appearance of any proposed additions or modifications to that structure; and

c. The effect of such additions or modifications upon other structures in the vicinity.

3. The HPC may place conditions upon a COA as part of the approval in order to facilitate compliance with the Historic Properties Local Review Criteria, as amended. A violation of any condition shall be considered a violation of the COA.

1. In granting a COA, the HPC shall take into account in accordance with the principles and design review criteria adopted for historic landmarks, namely the Historic Properties Local Review Criteria, as amended:

a. The historic or architectural significance of the structure, site or setting under consideration; and

b. The exterior form and appearance of any proposed additions or modifications to the structure, site or setting.

2. The intent of these regulations is to ensure, insofar as possible, that changes to buildings or structures designated as historic landmarks shall be in harmony with the historic character that was cited as the reasons for designation.

1. An applicant for a COA may request that the HPC’s consideration of the application be deferred to a specific date.

2. Upon such request, the Planning Director, or designee, shall have the authority to grant the deferral.

3. A request for deferral shall be made in writing to the Planning Director, or designee, at least ten days prior to the scheduled consideration of the application and shall indicate the date to which the deferral is requested and the reasons for the deferral. Only one deferral shall be permitted for each application.

1. Final action shall be taken upon any application for a COA within 180 days after the complete application is submitted to the Planning Director or designee. Such 180-day time period shall include any continuance or deferred consideration by the HPC or deferral granted as requested by the applicant under paragraph 3.17.5E, Deferral of Application. If final action is not taken within such 180-day time period, the application shall be deemed approved.

2. A master COA shall expire four years after the effective date, and all other COAs shall expire two years after the effective date, if:

a. A building permit or other development permit has not been issued;

b. A building or other development permit has expired; or

c. If work not requiring a permit has not been initiated.