North Carolina General Assembly - NCGS CHAPTER 160A http : //www .ncga , state . nc . us/statutes/statutes %5Fin%5Fhtml/chp160a . html
<br /> board other than the preservation commission to be designated , at 0 20
<br /> least three of its members shall have demonstrated special
<br /> interest , experience , or education in history , architecture , or
<br /> related fields . At the discretion of the municipality the
<br /> ordinance may also provide that the preservation commission may
<br /> exercise within a historic district any or all of the powers of a
<br /> planning agency or a community appearance commission .
<br /> A county and one or more cities in the county may establish
<br /> or designate a joint preservation commission . If a joint
<br /> commission is established or designated , the county and cities
<br /> involved shall determine the residence requirements of members of
<br /> the joint preservation commission . ( 1989 , c . 706 , s . 2 . )
<br /> § 160A- 400 . 8 . Powers of the Historic Preservation
<br /> Commission .
<br /> A preservation commission established pursuant to this Part
<br /> may , within the zoning jurisdiction of the municipality :
<br /> ( 1 ) Undertake an inventory of properties of
<br /> historical , prehistorical , architectural , and / or cultural
<br /> significance ;
<br /> ( 2 ) Recommend to the municipal governing board
<br /> areas to be designated by ordinance as " Historic Districts " ; and
<br /> individual structures , buildings , sites , areas , or objects to be
<br /> designated by ordinance as " Landmarks " ;
<br /> ( 3 ) Acquire by any lawful means the fee or any
<br /> lesser included interest , including options to purchase , to
<br /> properties within established districts or to any such properties
<br /> designated as landmarks , to hold , manage , preserve , restore and
<br /> improve the same , and to exchange or dispose of the property by
<br /> public or private sale , lease or otherwise , subject to covenants
<br /> or other legally binding restrictions which will secure
<br /> appropriate rights of public access and promote the preservation
<br /> of the property ,
<br /> ( 4 ) Restore , preserve and operate historic
<br /> properties ;
<br /> ( 5 ) Recommend to the governing board that
<br /> designation of any area as a historic district or part thereof ,
<br /> or designation of any building , structure , site , area , or object
<br /> as a landmark , be revoked or removed for cause ;
<br /> ( 6 ) Conduct an educational program with respect to
<br /> historic properties and districts within its jurisdiction ;
<br /> ( 7 ) Cooperate with the State , federal , and local
<br /> governments in pursuance of the purposes of this Part . The
<br /> governing board or the commission when authorized by the
<br /> governing board may contract with the State , or the United States
<br /> of America , or any agency of either , or with any other
<br /> organization provided the terms are not inconsistent with State
<br /> or federal law ;
<br /> ( 8 ) Enter , solely in performance of its official
<br /> duties and only at reasonable times , upon private lands for
<br /> examination or survey thereof . However , no member , employee or
<br /> agent of the commission may enter any private building or
<br /> structure without the express consent of the owner or occupant
<br /> thereof ;
<br /> ( 9 ) Prepare and recommend the official adoption of
<br /> a preservation element as part of the municipality ' s
<br /> comprehensive plan ;
<br /> ( 10 ) Review and act upon proposals for alterations ,
<br /> demolitions , or new construction within historic districts , or
<br /> for the alteration or demolition of designated landmarks ,
<br /> pursuant to this Part ; and
<br /> ( 11 ) Negotiate at any time with the owner of a
<br /> building , structure , - site , area , or object for its acquisition or
<br /> its preservation , when such action is reasonably necessary or
<br /> appropriate . ( 1989 , c . 706 , s . 2 . )
<br /> 155 of 270 6/20/2000 104019 AM
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