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HISTORIC PRESERVATION ORDINANCE
1812
HARNETT COUNTY, NORTH CAROLINA
Adopted by the
Harnett County Board of Commissioners
October 18, 2006
HISTORIC PRESERVATION ORDINANCE
OF HARNETT COUNTY
Section 1.0 Purpose
WHEREAS the General Statues of North Carolina, Section provides for the
establishment and operation of Historic Commissions; and
WHEREAS it has become necessary to safeguard the heritage of Harnett County
by preserving therein that embodies important elements of our cultural, social,
economic, and political, or architectural history; and
WHEREAS in order to promote the use and conservation of such property for the
education, pleasure, and enrichment of the residents of Harnett County and the
State as a whole;
BE IT NOW THEREFORE ORDAINED, that the Harnett County Board of County
Commissioners hereinafter referred to as "Board of Commissioners" does hereby
establish the HISTORIC PRESERVATION ORDINANCE OF HARNETT
COUNTY AND THE HARNETT COUNTY HISTORIC PROPERTIES
COMMISSION hereinafter referred as the "Historic Properties Commission" or
"HPC"; and ordain that it be governed by the following provisions:
Section 2.0 Historic Properties Commission (HPC)
2.1 Creation and Appointment
The HPC shall consist of five (5) members appointed by the Board of
Commissioners. All members must reside in Harnett County within the
jurisdiction of the HPC, which shall include the area wherein the county and
municipalities which adopt this ordinance have authority for planning and
regulation of development. The members of the HPC may receive for their
services per diem compensation the amount of which shall be fixed by the
County Board of Commissioners.
2.1.1 Representation of Jurisdiction
In making appointments to the HPC, the Board of Commissioners shall strive to
appoint members geographically representing all area's of the HPC's territorial
jurisdiction, including but not limited to, participating municipalities. The provisions
of the Ordinance shall apply to the unincorporated areas of Harnett County as
specifically identified and delineated on the zoning map identified as The Official
Zoning Map of Harnett County, North Carolina. In establishing the HPC and
making appointments to it, the Board of Commissioners shall seek the advice of
State or local historical agencies, societies, or organizations as it may deem
necessary. The HPC may appoint advisory bodies and committees as
appropriate.
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2.2 Qualification of Members
A majority of the members of the HPC shall have demonstrated special interest,
experience or education in history, architecture, archaeology, or related fields.
2.3 Terms
HPC members shall serve overlapping terms of three (3) years, and until their
successors have been appointed. Initially, the Board of Commissioners shall
appoint three (3) members to a full term of three (3) years and appoint two (2)
members to a two (2) year term. Thereafter, the Board of Commissioners shall
appoint members to three (3) year terms. Any vacancy during the unexpired term
of a member of the HPC shall be filled in accordance with the Rules of Procedure
for the Board of Commissioners.
2.4 Rules of Procedure
The HPC shall adopt rules of procedure necessary to the conduct of its affairs
and in keeping with the provisions of this ordinance. The rules of procedure
adopted by the HPC shall at least provide for the selection of its officers, the time
and place of its regular meetings and the calling of special meetings, the
procedures for the conduct of public hearings, the conduct of voting, the forms to
be used in applying for and issuing or denying certificates of appropriateness,
and a list of minor works for which the Harnett County Planning Department may
issue Certificates of Appropriateness. These rules and procedures shall be
designated in the Harnett County HPC By -Laws, which shall be kept on file in the
County Planning & Inspections Office.
2.5 Powers and Duties
The HPC is authorized and empowered to undertake such actions reasonably
necessary to the discharge and conduct of its duties and responsibilities as
outlined in this ordinance and the N.C. General Statutes, including but not limited
to the following:
a) Undertake an inventory of properties of historical, prehistorical, architectural,
archaeological, and /or cultural significance.
b) Recommend to the Board of Commissioners individual buildings, structures,
sites, areas, or objects within its zoning jurisdiction to be designated by
designation resolution as "historic landmarks," and areas within its zoning
jurisdiction to be designated by designation resolution as "historic districts."
(c) Recommend to the local governing body that designation of any area as a
historic district or part thereof, or of any building, structure, site, area, or object as
a historic landmark, be revoked or removed for cause.
(d) Review and act upon proposals for alteration or demolition of designated
landmarks and for alteration, demolition, or new construction within historic
districts, pursuant to this ordinance.
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(e) Report violations of this ordinance, or other ordinances affecting historic
landmarks and properties within historic districts, to the zoning inspector
responsible for enforcing the ordinance.
f) Act as, establish, or designate a group, body, or committee to give advice to
owners of historic landmarks or property within a historic district concerning the
treatment of the historical and visual characteristics of their property, such as
color schemes, gardens and landscape features, minor decorative elements, and
for the informal review of major additions and new construction.
g) Conduct educational programs on historic landmarks and districts within the
County.
(h) Publish information, or otherwise inform the public about any matters
pertinent to the HPC's purview, duties, organization, procedures, responsibilities,
functions, or requirements.
(i) Cooperate with State, Federal and local governments in pursuing the
purposes of this ordinance. The Board of Commissioners or the HPC when
authorized by the Board of Commissioners may contract with the State, or the
United States of America, or any agency of either, or with any other organization,
provided the terms are not inconsistent with state or federal law.
j) Communicate with other boards or commissions in Harnett County or with
agencies of the County or other governmental units to offer or request
assistance, aid, guidance, or advice concerning matters under its purview or of
mutual interest.
(k) Prepare and recommend the official adoption of a historic preservation
element as part of the County's comprehensive plan and a municipality's
comprehensive plan, at the request of the Board of Commissioners.
(1) Accept and pursue funds to be used for preservation purposes that are
granted to the HPC by private individuals, organizations, and local governing
bodies.
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(m) Acquire by any lawful means the fee or any lesser included interest, including
options to purchase, to any historic landmarks, land to which historic buildings or
structures may be moved, or properties located within historic districts; hold,
manage, preserve, restore and improve the interest; and exchange or dispose of
the interest by public or private sale, lease, or otherwise, subject to covenants or
other legally binding restrictions which will secure appropriate rights of public
access and promote the preservation of the property. All lands, buildings,
structures, sites, areas, or objects acquired by funds appropriated by The HPC,
Board of Commissioners, or other County agency shall be acquired in the name
of the Harnett County unless otherwise provided by the Board of Commissioners.
(n) Restore, preserve, and operate such historic properties.
(o) Enter, at reasonable times, upon private property designated as a historic
landmark, within a historic district or under review for such designation and make
examinations or surveys as necessary to the performance of its official duties.
The HPC shall make a good faith attempt to notify the property owner(s) or his
duly authorized agent prior to entry.
(p) Negotiate at any time with the owner(s) of a building, structure, site, area or
object for its acquisition or its preservation, when such action is reasonably
necessary and appropriate.
(q) Take steps, during the period of postponement of demolition or alteration of
any historic landmark or property within a historic district, to ascertain what the
Board of Commissioners or HPC with the expressed consent of the Board of
Commissioners can or may do to preserve such property, including consultation
with private civic groups, interested private citizens, and other public boards or
agencies, and including investigation of potential acquisition by the County when
the preservation of a given historic property is clearly in the interest of the
general welfare of the community and such property is of certain historic and
architectural significance.
(r) Propose to the Board of Commissioners changes to this or any other
ordinance, and propose new ordinances or laws relating to historic landmarks
and districts or relating to a total program for the protection and/or development
of the historic resources of Harnett County, the municipalities therein, and their
environs.
(s) Organize itself and conduct its business, including any meetings or hearings
necessary to carry out the purposes of this ordinance.
(t) Collect fee to cover the necessary administrative costs and advertising of each
application in accordance with the Board of Commissioners.
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Section 3.0 Historic Landmarks
3.1 Adoption of a Designation Resolution
Upon compliance with the procedures set out in Section 3.4, the Board of
Commissioners may adopt and, quarterly, amend or repeal a designation
resolution of one or more historic landmarks. The designation resolution shall
include information which shall:
a) List the name(s) of the owner(s) of the property;
(b) Describe each property in the designation resolution, including the
approximate area (size) of the property so designated;
(c) Describe those elements of the property that are integral to its historical,
prehistorical, architectural, archaeological, and /or cultural significance;
d) Provide for each designated historic landmark, a suitable sign or plaque
indicating that the landmark has been so designated; and
e) Any other information the Board of Commissioners deems necessary within
the authority of this ordinance and the general statutes.
3.2 Criteria for Designation
In order for any building, structure, site, area, or object to be designated in a
resolution as a historic landmark, the HPC must find that the property is of
special significance in terms of its history, prehistory, architecture, archaeology
and /or cultural importance, and that it possesses integrity of design, setting,
workmanship, materials, feeling and/or association.
3.3 Inventory
The HPC shall use an inventory of buildings, structures, sites, areas, or objects
of historical, prehistorical, architectural, and archaeological significance in the
County as a guide to the identification, assessment, and designation of historic
landmarks. The HPC shall update the inventory quarterly.
3.4 Required Procedures for Designation
The Board of Commissioners may not adopt or amend a resolution, designating
a historic building, structure, site, area, or object, or acquire any landmark, until
the steps prescribed by this ordinance and its subsections have been taken,
including rules of procedure and guidelines for the altering, restoring, moving, or
demolishing properties designated as historic. Designation procedures may be
initiated by the HPC or at the request of a property owner(s). Designation
procedures may be initiated by the property owner(s) or his duly authorized
agent. The HPC may initiate the designation procedures by formally
communicating with the property owner(s) or his duly authorized agent.
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3.4.1 Submittal of Application
An application for a designation shall be obtained from and, when completed,
filed with the Planning Department. Applications for designation shall be
considered by the HPC at its next regularly scheduled meeting, provided they
have been filed, complete in form and content, at least ten (10) working days
before the meeting; otherwise consideration shall be deferred until the following
meeting.
3.4.2 Contents of Application
The HPC shall, by uniform rule in its Rules of Procedure, require information as
is reasonably necessary to determine the nature of the application. An
application for a designation shall not be considered complete until the required
information is included. An incomplete application shall not be accepted. Nothing
shall prevent the applicant(s) from filing with the application additional relevant
information bearing on the application.
3.4.3 Designation Reports
The HPC shall make, or cause to be made, an investigation and report that
includes all the information contained in this Section. Applications prepared by
property owner(s) will be judged by the same criteria as those prepared by the
HPC.
(a) The name(s) of the property to be considered for designation; both common
and historic names, if they can be determined;
(b) The name(s) and address of the current property owner(s);
(c) The location of the property proposed to be designated historic, including the
street address, Harnett County tax map and parcel numbers and /or the parcel
identification number;
(d) The date of construction and of any later alterations, if any, if they can be
determined;
(e) An assessment of the significance of the site or structure pursuant to Section
3.2;
(f) An architectural and /or archaeological description of the area of the site or
structure proposed to be designated. If outbuildings or other appurtenant features
are proposed to be designated, the report shall contain a description of those
features;
(g) A historical discussion of the site or structure within its type, period and
locality;
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(h) A photograph, current and historic if available, that clearly depicts the
property proposed to be designated and supplementary photographs showing
facades, details and site layout; and
(i) A map showing the location of the property, including any outbuildings and
appurtenant features.
3.4.4 Review Guidelines
Prior to the designation of any historic landmark or district, the HPC shall prepare
and adopt guidelines, not inconsistent with Part 3B Article 19 of Chapter 160A of
the N.C. General Statutes for altering, restoring, moving, or demolishing of
property designated as historic. It is the intention of these guidelines to ensure,
insofar as possible, that changes in designated landmarks or properties located
within designated districts shall be in harmony with the reasons for designation.
3.4.5 Review by the North Carolina Department of Cultural Resources
(NCDCR), Division of Archives and History
A report accepted by the HPC shall be submitted to the NCDCR, Division of
Archives and History or its successor agency, for comments pursuant to G.S.
160A- 400.6, as amended from time to time. The NCDCR, Division of Archives
and History or its successor agency, acting through the State Historic
Preservation Officer, shall, either at their own request or at the initiative of the
HPC, be given an opportunity to review and comment upon the substance and
effect of the designation of any landmark pursuant to this ordinance.
3.4.6 Consideration of the Report
Once the designation report has been prepared, either by the HPC or by The
property owner(s), and is deemed by the Planning Department to meet the
provisions of subsection 3.4.1, the HPC shall consider the report. The HPC may
accept it, amend it, reject it, or recommend further study. Prior to final action on a
designation report, the HPC shall indicate the extent to which the landmark
meets the criteria for designation in Section 3.2. The HPC should consider any
comments received in writing from the NCDCR, Division of Archives and History
or its successor agency. If the NCDCR, Division of Archives and History does not
submit its written comments or recommendations in connection with any
proposed designation within thirty (30) days following receipt of the report, the
HPC and Board of Commissioners shall be relieved of any responsibility to
consider such comments. After the expiration of the thirty (30) day comment
period given the NCDCR, Division of Archives and History, the HPC may
recommend to the Board of Commissioners that the property be designated as a
historic landmark.
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3.4.7 Submission to the Board of Commissioners
The HPC shall forward its recommendation to the Board of Commissioners. The
HPC shall submit a copy of the designation report, any written comments
received from the NCDCR, Division of Archives and History, and, if the
recommendation is for approval, a proposed designation resolution, to the Board
of Commissioners.
3.4.8 Public Hearing
When a proposed designation resolution is submitted, the HPC and the Board of
Commissioners shall hold a joint public hearing or separate public hearings on
the proposed designation resolution. The HPC shall send a notification letter,
including time and place, to property owners adjacent to the subject property. It is
recommended, but not required, that the HPC also post a notification sign on the
subject property and publish notice in a local periodical.
3.4.9 Adoption of a Designation Resolution
Following the required public hearing, the Board of Commissioners shall consider
the designation report, the HPC's recommendation, the NCDCR, Division of
Archives and History's comments, and the comments made at the public hearing,
and may adopt the designation resolution as proposed, adopt it with
amendments, or reject the resolution.
3.5 Actions Subsequent to Approval
Upon adoption of the resolution:
(a) Planning Department shall send the owner(s) of the landmark, as identified by
current tax records, written notice of such designation within thirty (30) days of
adoption of the resolution by certified mail, return receipt requested.
b) The HPC shall file one copy of the resolution and any subsequent
amendments thereto, in the office of the Register of Deeds of Harnett County.
The Register of Deeds shall index each historic landmark according to the name
of the owner(s) in the grantee and grantor indexes.
(c) In the case of a landmark lying within the zoning jurisdiction of a municipality,
a second copy of the resolution shall be kept on file in the office of the municipal
clerk and be made available for public inspection at any reasonable time. A copy
shall also be given to the municipality's Inspections Director.
(d) All tax maps maintained by Harnett County shall clearly indicate the
designation of a building, structure, site, area, or object as a historic landmark for
as long as the designation remains in effect.
(e) The Planning Department shall notify the tax assessor of Harnett County of
the landmark designation. The assessor shall consider the designation and any
recorded restriction on the landmark in appraising it for tax purposes.
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3.6 Denied Applications
If the Board of Commissioners denies a designation report, a copy of the minutes
of the public hearing at which such a decision to deny the report was made, shall
be mailed to the owner(s) of the property proposed for designation.
Section 4.0 Historic Districts
4.1 Adoption of a Designation Resolution
No historic district may exist without a resolution designating it as such. Upon
compliance with the procedures contained in Section 4.4, the Board of
Commissioners within its jurisdiction, may adopt and, quarterly, amend or repeal
a resolution designating one or more historic districts.
4.2 Criteria for Designation
In order for any area to be designated in a resolution as a historic district, the
HPC must find that the area is of special significance in terms of its history,
prehistory, architecture, archaeology and /or cultural importance, and that it
possesses integrity of design, setting, workmanship, materials, feeling and /or
association.
4.3 Inventory
The HPC shall use an inventory of buildings, structures, sites, areas, or objects
of historical, prehistorical, architectural, and archaeological significance in the
County as a guide for the identification, assessment, and designation of historic
districts. The HPC shall update the inventory quarterly.
4.4 Required Procedures for Designation
The Board of Commissioners may not adopt or amend a resolution designating a
historic district, nor may the Board of Commissioners or the HPC accept any
district until the steps prescribed by this Section have been taken.
4.4.1 Designation Report
The HPC shall prepare or review an investigation and report describing the
significance of the buildings, structure, features, sites, or surroundings included
in any such proposed district, and the description of the boundaries of such
district. Such report shall be referred to the Board of Commissioners and the
Planning Department for its review and comment according to procedures set
forth in the Harnett County Zoning Ordinance.
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4.4.2 Review by the NCDCR, Division of Archives and History
All designation reports shall be submitted to the NCDCR, Division of Archives
and History by the HPC. The NCDCR, Division of Archives and History or its
successor agency, acting through the State Historic Preservation Officer, shall,
either upon their own request or at the initiative of the HPC, be given an
opportunity to review and comment upon the substance and effect of the
designation of any district. If the NCDCR, Division of Archives and History does
not submit its written comments or recommendations in connection with any
proposed designation within thirty (30) days following receipt of the report, the
HPC and the Board of Commissioners shall be relieved of any responsibility to
consider such comments. After the expiration of the thirty (30) day comment
period given the NCDCR, Division of Archives and History, the HPC may
recommend to the Board of Commissioners that the area be designated as a
historic district.
4.4.3 Review by Other Groups
The Board of Commissioners may also, in its discretion, refer the designation
report and proposed boundaries to any local preservation commission or other
interested body for its recommendations prior to taking action to adopt or amend
the designation resolution.
4.4.4 Adoption of a Designation Resolution
On receipt of these reports and recommendations, the Board of Commissioners
may proceed in the same manner as would otherwise be required for the
adoption or amendment of any appropriate zoning ordinance provisions.
4.5 Revisions to Districts
With respect to any changes in the boundaries of an adopted historic district
subsequent to its initial establishment, the requirements and procedures
contained in Section 4.0 shall apply.
Section 5.0 Certificate of Appropriateness
5.1 Rules and Regulations
5.1.1 Development Restriction
From and after the designation of a historic landmark or district, no exterior
portion of any building or other structure (including masonry walls, fences, light
fixtures, steps and pavement, or other appurtenant features), nor above - ground
utility structure nor any type of outdoor advertising sign shall be erected, altered,
restored, moved, or demolished on such landmark or within such district until
after an application for a Certificate of Appropriateness as to exterior features
has been submitted to and approved by the HPC. A Certificate of
Appropriateness shall be required whether or not a building permit is required.
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5.1.2 Exterior Features
For purposes of this ordinance, "exterior features" shall include the architectural
style, general design, and general arrangement of the exterior of a building or
other structure, including the kind and texture of the building material, the size
and scale of the building or other structure, and the type and style of all windows,
doors, light fixtures, signs, and other appurtenant fixtures. In the case of outdoor
advertising signs, "exterior features" shall mean the style, material, size, and
location of all such signs. In adopting a resolution, establishing a historic district,
the Board of Commissioners may provide that "exterior features" also include
historic signs, color, and significant landscape, archaeological, and natural
features of the area.
5.1.3 Building Permit Restriction
In adopting a resolution establishing a historic district, the County shall provide
that no building permit or other permit granted for the purposes of constructing,
altering, moving, or demolishing structures shall be issued unless the HPC has
first issued a Certificate of Appropriateness authorizing the construction,
alteration, moving, restoration, or demolition. Any building permit or such other
permit not issued in conformity with this Section shall be invalid. In approving a
Certificate of Appropriateness, the HPC may attach reasonable conditions
necessary to carry out the purposes of this ordinance.
5.1.4 Protection of Character
The HPC shall take no action under this section except to prevent the
construction, reconstruction, alteration, restoration, moving, or demolition of
buildings, structures, appurtenant fixtures, outdoor advertising signs, or other
significant features which would be incongruous with the special character of the
landmark or district.
5.2 Review Guidelines
The HPC shall review the established guidelines prepared during the designation
resolution process for the subject property. It is the intention of these guidelines
to ensure, insofar as possible, that changes in designated landmarks or
properties located within designated districts shall be in harmony with the
reasons for designation.
5.3 Administrative Approval for Minor Works Allowed
The Planning Department may issue a Certificate of Appropriateness for minor
works, as listed in the HPC's Rules of Procedure. Minor works shall include and
are defined as those exterior changes that do not involve substantial alterations,
additions, or removals that could impair the integrity of the property and /or district
as a whole. No application for a minor works Certificate of Appropriateness may
be denied without formal action by the HPC.
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5.4 Limitations on Interior Review
Notwithstanding this ordinance, jurisdiction of the HPC over interior spaces shall
be limited to specific interior features of architectural, artistic, or historical
significance in publicly owned landmarks, and of privately owned historic
landmarks for which consent for interior review has been given by the owner(s). If
an owner's consent for interior review has been filed with the Register of Deeds
of Harnett County and indexed according to the name of the owner(s) of the
property in the grantee and grantor indexes, such consent shall bind future
owners and /or successors in title. The designation resolution establishing the
historic designation shall specify the interior features to be reviewed and the
specific nature of the HPC's jurisdiction over those features.
5.5 Certain Changes Not Prohibited
Nothing in this ordinance shall be construed to prevent the ordinary maintenance
or repair of any exterior architectural feature of a historic landmark or property
located within a district that does not involve a change in design, material, or
outer appearance thereof. Nor shall this ordinance be construed to prevent the
construction, reconstruction, alteration, restoration, moving, or demolition of any
such feature when a building inspector or similar County official certifies to the
HPC that such action is required for the public safety because of an unsafe or
dangerous condition. Nothing herein shall be construed to prevent the property
owner(s) from making any use of his property not prohibited by other statutes,
ordinances, or regulations. Nothing in this ordinance shall be construed to
prevent the maintenance of or, in the event of an emergency, immediate
restoration of any existing above - ground utility structure without approval by the
HPC.
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5.6 Delay in Demolition of Designated Properties
Except as provided below, the HPC may not deny an application for Certificate of
Appropriateness authorizing the demolition of a designated historic landmark or
property located within a district. However, the HPC may delay the effective date
of such a Certificate for a period of up to 365 days from the date of approval. The
HPC may reduce the period of delay where it finds that the owner(s) would suffer
extreme hardship or be permanently deprived of all beneficial use of or return
from such property by virtue of the delay. During such period, the HPC may
negotiate with the owner and with any other parties in an effort to find a means of
preserving the property, as provided in subsection 2.5(q). The Commission may
deny an application for a Certificate of Appropriateness authorizing the
demolition or destruction of a building, site, or structure determined by the State
Historic Preservation Office to have statewide significance, as defined in the
criteria of the National Register of Historic Places, unless the HPC finds that the
owner(s) would suffer extreme hardship or be permanently deprived of all
beneficial use or return by virtue of the denial. If the HPC has voted to
recommend designation of a property as a landmark or designation of an area as
a district, and final designation has not been made by the Board of
Commissioners, the demolition or destruction of any building, site, or structure
located on the property of the proposed landmark or in the proposed district may
be delayed by the HPC for a period of up to 180 days or until the Board of
Commissioners takes action on the designation, whichever occurs first. Should
the Board of Commissioners approve the designation prior to the expiration of
the 180 day delay period, an application for a Certificate of Appropriateness for
demolition must then be filed; however, the maximum delay period of 365 days
shall be reduced by the period of delay while the designation was pending.
5.7 Demolition by Neglect
Demolition by neglect of any designated historic landmark or property located
within a district shall constitute a violation of this ordinance. The Board of
Commissioners or HPC with the expressed consent of the Board of
Commissioners may take appropriate actions to prevent demolition by neglect,
provided such actions include appropriate safeguards to protect the property
owner(s) from undue economic hardship.
5.8 Required Procedures
5.8.1 Submittal of Application
An application for a Certificate of Appropriateness shall be obtained from and,
when completed, filed with the Planning Department. Applications for Certificates
of Appropriateness shall be considered by the HPC at its next regularly
scheduled meeting, provided they have been filed, complete in form and content,
at least ten (10) working days before the meeting; otherwise consideration shall
be deferred until the following meeting.
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5.8.2 Contents of Application
The HPC shall, by uniform rule in its Rules of Procedure, require information as
is reasonably necessary to determine the nature of the application. An
application for a Certificate of Appropriateness shall not be considered complete
until the required information is included. An incomplete application shall not be
accepted. Nothing shall prevent the applicant(s) from filing with the application
additional relevant information bearing on the application.
5.8.3 Notification of Affected Property Owners
Before considering an application for a Certificate of Appropriateness, the HPC
shall notify by mail the owner(s) of any adjacent property. The mailed notices are
for the convenience of the property owner(s) and occupant(s) and any defect or
omission therein shall not impair the validity of issuing a Certificate of
Appropriateness, or any following action.
5.8.4 Public Hearing
When considering an application, the HPC shall give the applicant(s) and
Stakeholder(s) of any property likely to be materially affected by the application,
an opportunity to be heard at a public hearing.
5.8.5 Reasons for HPC's Actions to Appear in Minutes
The HPC shall cause to be entered into the minutes of its meeting the reasons
for its actions, whether it be approval, approval with modifications, deferral or
denial. The minutes shall also contain a summary of any citation to the evidence,
testimony, studies, or other authority upon which it based its decision.
5.8.6 HPC Action on Application
When considering the application, the HPC shall apply the review guidelines
required by Section 6.0, and shall, before final action on the application, make
findings of fact indicating the extent to which the application is or is not in
compliance with the review criteria. The HPC's action on the application shall be
approval, approval with modifications, deferral, or disapproval.
5.8.7 Time Limits
If the HPC fails to take final action upon any application within ninety (90) days
after the complete application is submitted to the Planning Department, the
application shall be deemed to be approved as submitted. This time period may
be extended upon mutual agreement between the HPC and the applicant(s). A
Certificate of Appropriateness shall expire six (6) months after the date of
issuance, or in the case of a demolition Certificate of Appropriateness, the
effective date, if the work authorized by the Certificate has not been commenced.
If the work has been discontinued for a period of twelve (12) months after
commencement, the Certificate shall immediately expire.
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5.8.8 Submission of New Application
If the HPC denies a Certificate of Appropriateness, a new application affecting
the same property may be submitted only if substantial change is made in plans
for the proposed construction, reconstruction, alteration, restoration, or moving.
5.8.9 Appeals of the HPC's Decision
An appeal may be made to the Harnett County Board of Adjustment regarding
the HPC's action in approving or denying any application for a Certificate of
Appropriateness. Written notice of intent to appeal must be sent to the HPC,
postmarked within twenty (20) days following the HPC's decision, unless oral
notice of appeal is made to the HPC during the meeting at which the decision is
rendered. Appeals must be filed with the Harnett County Board of Adjustment
within sixty (60) days following the Commission's decision. Appeals shall be in
the nature of certiorari. The Board of Adjustment's decision in any such case may
be appealed to the Superior Court of Harnett County.
5.9 Publicly Owned Buildings and Structures
Designated historic buildings, structures, sites, areas, or objects in the HPC's
jurisdiction owned by State of North Carolina or any of its political subdivisions,
agencies, or instrumentalities shall be subject to the regulations imposed by this
ordinance, in accordance with North Carolina General Statute 160A- 400.9(f).
5.10 Remedies
In case any building, structure, site, area, or object designated a historic
landmark or any property located within a historic district is about to be
demolished as the result of deliberate neglect or otherwise, materially altered,
remodeled, constructed, or removed, except in compliance with this ordinance,
the Board of Commissioners, the HPC, or other party aggrieved by such action
may institute any appropriate action or proceedings to prevent such unlawful
demolition, material alteration, remodeling, or removal, to restrain, correct or
abate such violation, or to prevent any illegal act or conduct with respect to such
historic property.
Section 6.0 Conflict with Other Laws
Whenever the provisions of this ordinance are in conflict with any other statute,
charter provision, ordinance or regulation of the County, the more restrictive
ordinance or regulation shall govern.
15
Section 7.0 Effective October 18, 2006
Duly adopted this 18'° day, of October, 2006.
� , �3 t1' HARNETT COUNTY BOARD OF COMMISSIONERS
_i- -� g F
•�� t '' �t'- B trice B. Hill, Vice Chairman
Kay BI hard, Clerk to the Board
NORTH CAROLINA
HARNETT COUNTY
ACKNOWLEDGEMENT
I, ty a Notary Public of the County and State aforesaid,
certify that eatrice B. Hill personally appeared before me this day who being duly
swom, deposes and says that she is the Vice Chairman of the Harnett County Board of
Commissioners and Kay Blanchard is clerk of said Board, that the seal affixed to the
foregoing instrument was signed and sealeQX her, attested by the clerk and the County's
,,��,
seal affixed thereto, all by authority : ��dm"°P ,Commissioners of said County, and
the said Beatrice B. Hill acknowle said ins t to be the act and deed of Harnett
County. �OTq�4- .�
z =. T
rCOJ r�O Notary Public
My Commission expires:
����� -0e(. '....«t.,
S
�RHET7. CQ&'--.r
tH C &R
KIMBERLY S. HARGROVE
REGISTER OF DEEDS, HARNETT
305 W CORNELIUS HARNETT BLVD
SUITE 200
LILLINGTON, NC 27546
fllf* fX4lfffllXXfllflfX *Yfiffif * *f!i!f *iX *#11iff *f *## 1111 *fYf ## *1#1k ** *11#1#1 * *1X# *Yff11* * ** *111111!1 * * *f#i #1R #R* * *X * # #f
Filed For Registration:
Book:
Document No.:
Recorder:
01/2612007 03:16:46 PM
RE 2334 Page: 212 -229
2007001649
ORDINANCE 16 PGS $62.00
TRUDI S WESTER
State of North Carolina, County of Harnett
KIMBERLY S. HARGROVE , REGISTER OF DEEDS
DO NOT DISCARD
*2007001649*
2007001649