HPC agenda 052301 - Laserfiche WebLink

Browse Search

Q* 8 the structure . The review authority extends to the boundaries of the designated site, including the grounds . Commission approval is not required for routine maintenance or involve a change in design, material , or appearance . Furthermore , repairs that do not HPC approval is not required for changes certified by the Building Inspector to be necessary for public safety . Appeal of HPC Decision. A property owner whose application for a COA is denied by the Historic Preservation Commission may appeal to the Board of Adjustment . The HPC cannot deny a certificate of appropriateness for demolition or relocation of a landmark; however, it may delay the action for up to one year . Compliance and Enforcement. A property owner who makes unauthorized exterior changes to a landmark will be in violation of a County ordinance . The HPC , through the Board of Commissioners , may seek a court order to prevent an unauthorized change or to correct a change that has already occurred . Remedies may include fines and jail sentences , and any other remedy authorized by the North Carolina General Statutes . The HPC may also recommend ` de -designation ' of the property, which would result in a tax penalty . The Planning and Inspections Department will be responsible for enforcing landmark designation ordinances . Incentives to Property Owners . In planning parlance , historic landmark designation uses the " carrot and stick" approach to encourage participation among qualified property owners . The " stick" , of course, is the aforementioned requirement for certificate of appropriateness application and HPC review. The principal " carrot" of landmark designation is the fifty percent tax deferral . The Fifty Percent Tax Deferral . Properties designated as historic landmarks are treated as a special class of property under state law (NCGS Chapter 105 , Section 105 -278 ) . They are taxed on the basis of fifty percent of their true value as determined by the Tax Assessor . Designated historic landmarks are automatically eligible for the tax deferral under state law . Payment of property tax on the designated landmark, now calculated as the difference between the tax based on the property ' s full value and the tax based on fifty percent of actual value, is deferred as long as the property ' s historic integrity is maintained . To receive the tax deferral , the owner of a designated landmark must apply to the Tax Assessor for reduced valuation of the property . The reduction in value applies only to real property (land and structures) . The property owner will remain eligible for the tax deferral as long as the historical or architectural integrity of the landmark is maintained . If the property loses its eligibility for the tax deferral, the owner must pay the deferred taxes for the current year and the three preceding years , plus interest . The fifty percent tax deferral is an important element in historic preservation programs in North Carolina, reflecting the belief of the General Assembly and local governments that 3 -2