Sec. 2.5. Historic Preservation Commission (HPC)

2.5.1. Establishment

The Durham Historic Preservation Commission (HPC) is established in accordance with the Interlocal Cooperation Agreement for the Historic Preservation Commission and NCGS Chapter 160D. The HPC is designated as the historic preservation advisory and quasi-judicial body for the County and City, and shall have the powers and duties described in this section.

2.5.2. Membership, Terms and Compensation

The Historic Preservation Commission shall consist of nine members. Its composition, terms, vacancies, removals, and compensation shall be in accordance with the Interlocal Cooperation Agreement. Additionally:

A. All members of the HPC shall have equal rights regardless of whether the matters at issue are located inside or outside of the Durham City limits.

B. Vacancies occurring for reasons other than the expiration of terms shall be filled by the appointing authority for the period of the unexpired term.

2.5.3. Rules of Procedure, Organization, Meetings, Quorum

A. The Historic Preservation Commission shall adopt rules of procedure for the conduct of its business, consistent with Interlocal Cooperation Agreement, State law, and this Ordinance.

B. The Historic Preservation Commission officersClosed A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products., meetings, and quorum, shall be in accordance with the Commission’s adopted Rules of Procedure, the Interlocal Cooperation Agreement, and State law as applicable.

2.5.4. Powers and Duties

The HPC is authorized and empowered to undertake such actions reasonably necessary to discharge and conduct its duties and responsibilities.

A. General Authority

The HPC shall act to promote, enhance and preserve the character and heritage of the Durham community. The HPC has the following general authority:

1. To undertake inventories in Durham County of properties of historical, architectural or archaeological significance.

2. To sponsor or conduct educational programs regarding Historic Districts or Historic Landmarks.

3. To give advice to property ownersClosed Any person having charge of any real property according to the records held by the Register of Deeds. concerning the treatment of the historical and visual characteristics of his or her property located within any Historic District or designated as an Historic Landmark, such as color schemes, gardens and landscape features, and minor decorative elements.

4. To cooperate with the State, Federal and local governments in historic preservation matters.

5. To enter, solely in the performance of its official duties and only at reasonable times and only with the consent of the property ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds., upon private land for the examination or survey of the property. However, no member, employee or agent of the HPC may enter any private buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or structureClosed A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. without the express consent of the occupants or ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds..

6. Recommend to the Board of Commissioners and/or the City Council the following:

a. Areas to be designated by ordinance as Historic Districts;

b. The designation of any Historic District be revoked or removed;

c. Buildings, structures, sites areasClosed The minimum area required for a particular type of development. The site may then be divided into smaller lots.s or objects within their relative areas of zoning jurisdiction to be designated by ordinance as Historic Landmarks;

d. The designation of any buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable., structureClosed A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., site areaClosed The minimum area required for a particular type of development. The site may then be divided into smaller lots.a, or object as an Historic Landmark be removed;

e. Other means of preservation and intervention at such times as vital historic resources appear, in the view of the HPC, to be threatened by neglect, use, demolition, or alteration; and

f. Changes to the City-County Interlocal Agreement which establishes the HPC, or any other related County and City ordinances, and to propose new ordinances relating to Historic Districts, Historic Landmarks or the total program for the developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. and preservation of historic resources of Durham and its environs.

B. Demolition by Neglect

For purposes of Sec. 3.18, Demolition by Neglect (City Only), the Historic Preservation Commission is designated a planning board under NCGS §160D-301, authorized to operate as a Board of Adjustment (BOA) and make quasi-judicial decisions under NCGS §160D-302 for the administrative determinations described herein.

C. Review Authority

The HPC shall be responsible for reviewing and making recommendations regarding the following applications:

1. Local historic district/landmark designations;

2. Amendments to the text of the Historic Properties Local Review Criteria; and

3. Amendments to the text of Local Historic District Preservation Plans.

D. Final Authority

The HPC shall be responsible for final action regarding applications for certificates of appropriateness.

E. Annual Report

The HPC shall prepare an annual report and submit it to the Board of Commissioners and the City Council. The annual report shall include a comprehensive review of the HPC's activities, problems, and actions of the HPC and any budget requests or other recommendations.

2.5.5. Decisions

A. An affirmative vote of a majority of members present and voting shall be required for all actions except as noted below.

B. The voting requirements applicable to the Board of Adjustment in paragraph 2.4.6, Board of Adjustment Decisions, shall be used for HPC decisions when the HPC is functioning as a Board of Adjustment under Sec. 3.18, Demolition by Neglect (City Only).