Agenda - 02-04-1991 - Laserfiche WebLink

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46 f official or binding upon the Commission. Section 4.3 Action on APDlication for Certificate of AyRropriateness The planning and Inspections Department shall notify, by mail, not less than fifteen (15) days prior to the meeting at which the matter is to be heard, the owners of property within five hundred (500) feet on all sides of the subject property. Applications for Certificates of Appropriateness shall be acted upon within sixty (60) days after filing, otherwise the application shall be deemed to be approved and a Certificate shall be issued. An extension of time may be granted by mutual consent of the Commission and the applicant. As part of the review procedures the Commission may view the premises and seek the advice of the N.C. Department of Cultural Resources or other such expert advice as it may deem necessary under the circumstances. The Commission may hold a public hearing on any application when deemed necessary. The action on an application shall be approval, approval with conditions or denial, and the decision of the Commission must be supported by specific findings of 'fact indicating the extent to which the application is or is not congruous with the special character of the historic district or landmark. section 4.4 Hearings for Certificate of-ARRrOPriateness Prior to the issuance or denial of a Certificate of Appropriateness, the applicant and other property owners likely to be materially affected by the application shall be given an opportunity to be heard. The Commission shall have no jurisdiction over interior arrangement and shall take no action under this ordinance except to prevent the construction, reconstruction, alteration, restoration, moving or demolition of buildings, structures, appurtenant features, outdoor advertising signs or other significant features which would be incongruous with the special character of the historic district or landmark. In any action granting or denying a Certificate of Appropriateness, an appeal by an aggrieved party may be taken to the Board of Adjustment. Written notice of the intent to appeal must be sent to the Commission, postmarked within thirty (30) days following the decision. Appeals shall be in the nature of certiorari. Appeals of decisions of the Board of Adjustment shall be heard by the Superior Court of Orange County. The State of North Carolina shall have a right of appeal to the North Carolina Historical Commission, which shall render its decision within thirty (30) days from the date that a notice of appeal by the state is received by the Commission. The decision