Sec. 10.1.4. Historic Development Commission

  1. In General
    1. Purpose
      1. The City is authorized by the North Carolina General Statutes to safeguard the heritage of the City by preserving any property or district that embodies important elements of its culture, history, architectural history or prehistory and to promote the use of and conservation of historic districts and historic landmarks for the education, pleasure and enrichment of the residents of the City and state as a whole.
      2. The purpose of the Historic Development Commission is to provide the organizational vehicle by which certain areas, structures, buildings and objects within the City's planning jurisdiction that have special significance in terms of history, prehistory, architecture, archaeology and culture and possess integrity of design, setting, materials, feeling and association may be preserved and protected.
    2. Composition
      1. The Historic Development Commission consists of 12 members, appointed by City Council for uniform overlapping 2-year terms.
      2. A majority of the members shall have demonstrated special interest, experience or education in history, architecture, archaeology or related fields.
      3. All members shall reside either within the City’s corporate limits or within its extraterritorial jurisdiction area.
      4. At least ¼ of the membership shall either reside or own property in a Historic Overlay District or that is designated as a Raleigh Historic Landmark.
      5. The Historic Development Commission may appoint advisory bodies and committees as appropriate.
      6. In event of a vacancy, the City Council shall appoint a new member within 60 days; members shall serve until their successors have been appointed.
    3. Rules of Procedure
      1. The Historic Development Commission may establish its own rules of procedure, subject to approval by the City Council.
      2. The rules of procedures shall at minimum provide for selection of the officers of the Commission, the time and place of its regular meetings which shall at least be held monthly, the calling of special meetings and the procedures for the conduct of public hearings and voting.
      3. The Historic Development Commission shall elect from its membership a chairperson and vice-chairperson, who shall serve for terms of 1 year, who shall be eligible for reelection and who shall have the right to vote. The chairperson shall preside over the Commission.
      4. In the absence or disability of the chairperson, the vice-chairperson shall perform the duties of the chairperson.
      5. The rules, regulations, minutes and actions of the Historic Development Commission shall be maintained as a separate document as a public record at the office of the Commission.
  2. General Authority
    The powers of the Historic Development Commission are as follows.
    1. Undertake an inventory of properties of historical, prehistorical, architectural, archaeological or cultural significance.
    2. Recommend to the City Council districts or areas to be designated as a Historic Overlay District and recommend individual structures, buildings, sites, areas or objects to be designated as Historic Landmarks.
    3. Recommend to the City Council that designation of any area as a Historic Overlay District or part of a Historic Overlay District be revoked or removed for cause and recommend that designation of individual structures, buildings, sites, areas or objects as Historic Landmarks be revoked or removed for cause.
    4. Restore, preserve and operate historic properties.
    5. Conduct an educational program with respect to historic properties and districts within its jurisdiction.
    6. Cooperate with the State, Federal and local governments. The City Council or the Historic Development Commission, when authorized by the City Council, 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.
    7. Request the advice and assistance of any officer or agency of the City Council with respect to any matter arising under its purview.
    8. Enter, solely in performance of its official duties and only at reasonable times, upon private land for examination or survey. However, no member, employee or agent of the Historic Development Commission may enter any private building or structure without either the express consent of the owner or occupant or authority of law.
    9. Conduct any meetings or hearings necessary to carry out the responsibilities of the Historic Development Commission.
    10. Acquire by any lawful means the fee or any lesser included property interest, including options to purchase, to properties within any established Historic Overlay District or to any properties designated as Historic Landmarks, to hold, manage, preserve, restore and improve the same and to exchange or dispose of the property by public or private sale, lease or otherwise, subject to covenants or other legally binding restrictions that will secure appropriate rights of public access and promote the preservation of the property. All lands, buildings or structures acquired by the Historic Development Commission from funds other than those appropriated by the City Council may be acquired and held in the name of the Historic Development Commission, the City or both.
    11. Recommend to the City Council acquisition of the fee or any lesser included property interest (including public access), preservation easements other covenants of historic property. The City Council may make appropriations and own such property under the following conditions:
      1. Acquisition. Within the limits of its jurisdiction for planning and regulation of development the City Council may acquire properties within Historic Overlay Districts and/or properties designated as Historic Landmarks. In the event the property is acquired but is not used for some other governmental purpose, it shall be deemed to be “museum” under the provisions of General Statutes notwithstanding the fact that the property may be or remain in private use, so long as the property is made reasonably accessible to and open for visitation by the general public;
      2. Ownership. All lands, buildings, structures, sites, areas or objects acquired by funds appropriated by the City Council shall be acquired in the name of the City unless otherwise provided by the City Council. So long as owned by the City, historic properties may be maintained by or under the supervision and control of the City; and
      3. Negotiate at any time with the owner of a building, structure, site, area or object for its acquisition or its preservation, when such action is reasonably necessary or appropriate.
    12. Take steps, during the period of postponement of demolition of any Historic Landmark or property within a Historic Overlay District, to ascertain what the City Council 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 City Council 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.
    13. Propose to the City Council changes to the Historic Overlay District regulations or any other ordinance and propose new ordinances or laws relating to Historic Landmarks and the Historic Overlay District or relating to a total program for the protection or development of the historic resources of the City.
    14. Study and recommend to the City Council means by which historic preservation efforts can be coordinated and strengthened.
    15. Study and recommend revisions to the Historic Preservation Element of the Comprehensive Plan.
    16. Review and act upon proposals for restoration, alteration, reconstruction, relocation, demolition or new construction within a Historic Overlay District, pursuant to procedures established in this UDO and for proposals for alteration, reconstruction, restoration, relocation, new construction or demolition of designated Historic Landmarks outside a Historic Overlay District, pursuant to procedures outlined in this UDO. Report violations of Historic Landmark and Historic Overlay District regulations or other ordinances affecting Historic Landmarks and properties within Historic Overlay Districts, to the appropriate enforcement agency.
    17. Accept funds to be used for preservation purposes that are granted to the Historic Development Commission by private individuals, organizations and local governing bodies.
    18. Receive appropriations as may be made to the Historic Development Commission by the City Council.
    19. City Planning shall provide such technical, administrative and clerical assistance as required by the Historic Development Commission.
  3. Specific Review Authority
    1. The Historic Development Commission is responsible for review and recommendation regarding:
      1. Historic district rezoning; and
      2. Historic landmark designation.
    2. The Historic Development Commission is responsible for review regarding Non-Subdivision Final Plat and Recorded Instruments.
  4. Specific Approval Authority
    The Historic Development Commission is responsible for final action regarding:
    1. Certificates of appropriateness that are subject to summary proceedings or to a quasi-judicial evidentiary hearing; and
    2. Subdivision approvals in a Historic Overlay District or for a designated Historic Landmark. These decisions are subject to a quasi-judicial evidentiary hearing.