Torth Carolina General Assembly - NCGS CHAPTER 160A . http ://www . ncga . state . nc .us/statutes/statutes% 5Fin% 5Fhtml/chp160a. html
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<br /> § 160A- 400 . 9 . Certificate of appropriateness required .
<br /> ( a ) From and after the designation of a landmark or a
<br /> historic district , no exterior portion of any building or other
<br /> structure ( including masonry walls , fences , light fixtures , steps
<br /> and pavement , or other appurtenant features ) , nor above - ground
<br /> utility structure nor any type of outdoor advertising sign shall
<br /> be erected , altered , restored , moved , or demolished on such
<br /> landmark or within such district until after an application for a
<br /> certificate of appropriateness as to exterior features has been
<br /> submitted to and approved by the preservation commission . The
<br /> municipality shall require such a certificate to be issued by the
<br /> commission prior to the issuance of a building permit or other
<br /> permit granted for the purposes of constructing , altering ,
<br /> moving , or demolishing structures , which certificate may be
<br /> issued subject to reasonable conditions necessary to carry out
<br /> the purposes of this Part . A certificate of appropriateness
<br /> shall be required whether or not a building or other permit is
<br /> required .
<br /> For purposes of this Part , " exterior features " shall include
<br /> the architectural style , general design , and general arrangement
<br /> of the exterior of a building or other structure , including the
<br /> kind and texture of the building material , the size and scale of
<br /> the building , and the type and style of all windows , doors , light
<br /> fixtures , signs , and other appurtenant fixtures . In the case of
<br /> outdoor advertising signs , " exterior features " shall be construed
<br /> to mean the style , material , size , and location of all such
<br /> signs . Such " exterior features " may , in the discretion of the
<br /> local governing board , include historic signs , color , and
<br /> significant landscape , archaeological , and natural features of
<br /> the area .
<br /> Except as provided in ( b ) below , the commission shall have
<br /> no jurisdiction over interior arrangement and shall take no
<br /> action under this section except to prevent the construction ,
<br /> reconstruction , alteration , restoration , moving , or demolition of
<br /> buildings , structures , appurtenant fixtures , outdoor advertising
<br /> signs , or other significant features in the district which would
<br /> be incongruous with the special character of the landmark or
<br /> district .
<br /> ( b ) Notwithstanding subsection ( a ) of this section ,
<br /> jurisdiction of the commission over interior spaces shall be
<br /> limited to specific interior features of architectural , artistic
<br /> or historical significance in publicly owned landmarks , and of
<br /> privately owned historic landmarks for which consent for interior
<br /> review has been given by the owner . Said consent of an owner for
<br /> interior review shall bind future owners and / or successors in
<br /> title , provided such consent has been filed in the office of the
<br /> register of deeds of the county in which the property is located
<br /> and indexed according to the name of the owner of the - property in
<br /> the grantee and grantor indexes . The landmark designation shall
<br /> specify the interior features to be reviewed and the specific
<br /> nature of the commission ' s jurisdiction over the interior .
<br /> ( c ) Prior to any action to enforce a landmark or historic
<br /> district ordinance , the commission shall ( 1 ) prepare and adopt
<br /> rules of procedure , and ( ii ) prepare and adopt principles and
<br /> guidelines not inconsistent with this Part for new construction ,
<br /> alterations , additions , moving and demolition . The ordinance may
<br /> provide , subject to prior adoption by the preservation commission
<br /> of detailed standards , for the review and approval by an
<br /> administrative official of applications for a certificate of
<br /> appropriateness or of minor works as defined by ordinance ;
<br /> provided , however , that no application for a certificate of
<br /> - appropriateness may be denied without formal action by the
<br /> preservation commission .
<br /> Prior to issuance or denial of a certificate of
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