ZONING/CHANGES TO HIST. PRESERV. PROCEDURES.

View NCGA Bill Details2015-2016 Session
House Bill 799 (Public) Filed Tuesday, April 14, 2015
AN ACT TO ALLOW A PROPERTY OWNER TO REQUEST REMOVAL FROM A HISTORIC DISTRICT, TO MAKE AMENDMENTS TO THE PROCESS TO CREATE A HISTORICAL COMMISSION, TO MODIFY THE CONFLICT OF INTEREST RECUSAL FOR MEMBERS OF HISTORICAL COMMISSIONS, AND TO CREATE A PROCESS FOR THE COMMISSION TO ISSUE INFORMATIONAL REPORTS TO POTENTIAL PURCHASERS OF HISTORIC PROPERTIES.
Intro. by Brody.

Status: Re-ref Com On Finance (House Action) (Aug 19 2015)

SOG comments (1):

Change Long Title

House committee substitute to 2nd edition changed long title.  Long title was AN ACT TO CREATE AN ARBITRATION PROCESS TO APPEAL DECISIONS OF THE BOARD OF ADJUSTMENT ON APPEALS FROM THE HISTORIC PRESERVATION COMMISSION, TO SHORTEN THE TIME PERIOD FOR DECISIONS OF THE HISTORIC PRESERVATION COMMISSION UPON SUBMISSION OF AN APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS, AND TO CREATE A PROCESS FOR THE COMMISSION TO ISSUE INFORMATIONAL REPORTS TO POTENTIAL PURCHASERS OF HISTORIC PROPERTIES.

H 799

Bill Summaries:

  • Summary date: Aug 19 2015 - More information

    House committee substitute makes the following changes to the 2nd edition. 

    Amends GS 160A-400.4 to create new subsection (e) allowing a property owner to request removal from a historic district. Allows the Department of Cultural Resources, acting through the State Historic Preservation Officer, to submit a written analysis and recommendations concerning the property owner's petition. Requires the local historic preservation commission to schedule public hearings on the matter and then create recommendations based on the hearing as well as on any analysis from the Department of Cultural Resources. The local municipal governing body may then, in its discretion, amend any ordinance that includes the property in a historic district. Makes technical changes.

    Adjusts the amendment pertaining to certificates of appropriateness in GS 160A-400.9 issued by local preservation commissions for renovations and demolitions of landmarks and in historic districts. Allows a preservation commission and an applicant for a certificate of appropriateness to consent to a period of time, other than the amendment's 90 days, before which the commission must issue a certificate if it has not acted upon a completed application. Deletes proposed (e1) concerning the use of binding arbitration instead of appealing to superior court.

    Allows local historic preservation commissions 90 days (was, 60 days) to prepare renovation reports for owners or potential purchasers under new GS 160A-400.16.

    Makes technical changes. 

    Changes the long title. 


  • Summary date: Apr 23 2015 - More information

    House committee substitute makes the following changes to the 1st edition:

    Changes the long title.

    Amends GS 160A-400.8, Powers of the Historic Preservation Commission (Commission), deleting language which required a Commission to obtain the consent of the owner, to enter private lands in regards to its official duties to prepare a renovation report or other report. 

    Amends GS 160A-400.9, Certificate of appropriateness required, to provide that applications for certificates of appropriateness must be reviewed and acted upon within a time period not to exceed 180 days (was, 120 days). Makes clarifying and conforming changes. 

    Deletes all changes made to GS 160A-400.14, delay in demolition of landmarks and buildings within historic districts, in the previous edition.


  • Summary date: Apr 16 2015 - More information

    Amends GS 160A-400.7, Historic Preservation Commission (Commission), deleting language which previously allowed a municipality to designate a community appearance commission, as specified, to serve as its historic preservation commission. 

    Amends GS 160A-400.8, Powers of the Historic Preservation Commission, clarifying that a Commission has the authority to enter private lands, with the consent of the owner, only for the performance of its official duties and then only at reasonable times, in order to prepare a renovation report or other report to aid in the review of a certificate of appropriateness application, examination, or survey.

    Amends GS 160A-400.9, Certificate of appropriateness required, to provide that applications for certificates of appropriateness must be reviewed and acted upon within a time period not to exceed 120 days (was, 180 days). Adds language that provides that if the application is not acted on within that time frame then the certificate must be issued. Adds language which provides that appeals heard before the Board of Adjustment cannot be voted on by a member that serves on both the Commission and the Board of Adjustment. Adds new subsection (e1), providing that a party that desires to appeal a decision of the Board of Adjustment can submit the matter to binding arbitration in lieu of appealing to superior court. Sets outs regulations and procedures for completing binding arbitration, including that the costs will be split among the parties equally. 

    Amends GS 160A-400.14, Delay in demolition of landmarks and buildings within historic district, providing that an approved certificate of appropriateness authorizing the relocation, demolition or destruction of a designated landmark or a building cannot be denied but can have its effective date delayed up to 270 days from the date of approval (was, 365 days).  Provides that the demolition or destruction of a site or building located on a proposed landmark can be delayed by the commission or planning board up to 60 days (was, 180 days) or until the governing board decides to take final action on the designation as a landmark, whichever occurs first.

    Enacts GS 160A-400.16, Renovation report by Historic Preservation Commission, defining renovation report as an informational report issued by a historic preservation commission or its designee. Sets out what a renovation report must contain at a minimum, including a listing of materials appropriate for use in alteration or restoration of the exterior features as specified. Provides that a renovation report cannot include stand-alone new construction, demolition or the moving of a structure on the subject parcel. Sets out procedures for requesting a renovation report by an owner or a potential purchaser. Provides that renovation reports issued by a Commission are valid for one year after issuance and are fully transferable.  

    Effective October 1, 2015, applying to applications for certificates of appropriateness submitted on or after that date. 

     


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