Sec. 3.16. Historic District or Landmark Designation

3.16.1. Applicability

A. The City Council and the Board of Commissioners, as applicable, may designate an area as an historic district or a property as an historic landmark, or amend or remove a local historic district designation or landmark designation.

B. A property owner or ownersClosed The owner of a parcel of land as shown on the Durham County tax records. may request an area to be designated as an historic district or that a property be designated as an historic landmark, or to amend or remove a local historic district designation or landmark designation.

3.16.2. Designation of an Historic District

A. Application Process

1. General

Petitions to initiate the establishment of a local historic district are granted or denied by the applicable governing body, depending upon jurisdiction. Petitions shall first be considered by the Historic Preservation Commission (HPC), which shall make a recommendation to the governing body as to whether the governing body should or should not initiate the request. If the governing body initiates the request, staff will proceed as directed with the designation of a local historic district zoning overlay (-H), including 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. of the required Historic District Preservation Plan.

Commentary:  As noted below, the HPC must consider findings before sending the request to the governing body. The governing body will consider information provided by the applicant, the HPC, and staff. Information provided by the applicant will include a percent of property ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds. support for the designation, which may factor in the governing body’s decision to initiate the establishment of the proposed historic district designation.

2. Submittal

a. Requests to establish a local historic district shall be submitted to the Planning Department, which shall in turn send the request to the HPC for its recommendation to the governing body.

b. The Planning Department shall give notice in accordance with paragraph 3.2.5, Notice and Public Hearings, that a request has been filed and shall be considered by the HPC at a specified date and time.

3. HPC Recommendation

The HPC shall conduct a preliminary consideration of the request and, at this time, shall make a recommendation to the governing body based upon the following findings:

a. That the area is of special significance in terms of its prehistorical, historical, architectural or cultural importance; and

b. That the area possesses integrity of design, setting, materials, feeling and association.

4. Governing Body Action

Upon reviewing information provided by the applicant and staff, and the findings and recommendation from the HPC, the governing body shall determine whether to initiate a formal designation process of the proposed local historic district, including 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. of the Historic District Preservation Plan. If the governing body determines a local historic district designation process shall proceed, it shall also determine when staff and the HPC should begin work based upon departmental staffing and work program priorities.

B. Historic District Preservation Plan

1. An Historic District Preservation Plan shall include an investigation and report describing the significance of the buildings, structures, features, sites, or surroundings included in the proposed historic district and a description of the boundaries of the proposed historic district, in accordance with NCGS §160D-944; principles and design review criteria (guidelines) for certificates of appropriateness as required in NCGS §160D-947; and a preservation strategy tailored to the individual needs of the specific area.

2. Historic Properties Local Review Criteria

The Historic Properties Local Review Criteria, as amended, shall be the adopted principles and design review criteria applicable to all local historic districts, and shall be specifically referenced within the Historic District Preservation Plan.

C. Action by the NC Department of Natural and Cultural Resources

In accordance with NCGS §160D-944, the NC Department of Natural and Cultural Resources shall make an analysis of and recommendations concerning the investigation and report contained in the Historic District Preservation Plan. Failure of the NC Department of Natural and Cultural Resources to submit its written analysis and recommendations within 30 days after a written request for such analysis has been received by the Department shall relieve the governing body of any responsibility for awaiting such analysis, and the governing body may at any time thereafter take action on the proposed historic district and Historic District Preservation Plan.

D. Action by the Historic Preservation Commission

1. The HPC shall conduct a public hearing and give notice in accordance with paragraph 3.2.5, Notice and Public Hearings, on the proposed historic district designation and the Historic District Preservation Plan, prior to making a recommendation for approval or denial to the appropriate governing body.

2. The HPC shall review the proposed historic district designation and the Historic District Preservation Plan and shall recommend to the appropriate governing body denial of the request or designation of the area.

3. The HPC shall forward its recommendation on historic district designation to the Planning Commission and to the governing body with a recommended Historic District Preservation Plan. Consideration of the Historic District Preservation Plan shall be part of the consideration of the historic district designation.

E. Action by the Planning Commission

1. The Planning Commission shall conduct a public hearing and give notice in accordance with paragraph 3.2.5, Notice and Public Hearings, on the proposed historic district designation and the Historic District Preservation Plan.

2. The Planning Commission shall review the proposed historic district designation and the Historic District Preservation Plan and shall recommend denial or designation of the area.

F. Action by the Governing Body

1. The governing body shall set a public hearing and shall notify property ownersClosed Any person having charge of any real property according to the records held by the Register of Deeds. within the proposed historic district of the public hearing in accordance with the public hearing and notification provisions of paragraph 3.2.5, Notice and Public Hearings.

2. The governing body, shall hold a public hearing to consider the request to designate the historic district and the adoption of the Historic District Preservation Plan. The protest petition procedures as established for a petition for zoning map change in paragraph 3.5.13, Valid Protest Petition, may apply to the designation or amendment of an historic district.

3. If the governing body denies a request for designating an historic district, property ownersClosed Any person having charge of any real property according to the records held by the Register of Deeds. may not initiate a new request to designate an historic district for the same area until at least one year after the governing body’s action to deny the request.

4. When the governing body designates an area as an historic district, the Historic District Preservation Plan for the particular historic district shall become City or County policy and all appropriate public bodies or administrative officials cited as having implementation responsibilities shall be directed to use their best efforts to ensure the effective implementation of the Plan as it is written.

3.16.3. Designation of an Historic Landmark

A. Application

1. An application for an historic landmark designation shall be submitted in accordance with paragraph 3.2.4, Application Requirementss.

2. Requests for designation shall include the specific elements of the property for which historic landmark designation is proposed.

B.   Action by the Historic Preservation Commission

1. In accordance with NCGS §160D-946, the HPC shall make or cause to be made an investigation and report on the prehistorical, historical, architectural, educational or cultural significance of each 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 proposed for designation or acquisition. The investigation and report shall be forwarded to the OfficeClosed 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. of Archives and History, North Carolina Department of Natural and Cultural Resources.

C. Criteria for Designation

1. A 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 may be considered for designation as an historic landmark only if all of the following three criteria are met:

a. The property must not currently be undergoing renovation unless it has been approved for state or federal tax credits in accordance with the Secretary of Interior Standards;

b. The HPC must deem and find that the 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 meets at least one of the three following criteria:

(1) Individual listing on the National Register of Historic Places or on the Study List;

(2) Statewide Significance status granted by the State Historic Preservation OfficeClosed 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.;

(3) Integrity of location, design, setting, materials, and workmanship, feeling and association on the whole, and:

(a) Is associated with events that have made a significant contribution to the broad patterns of local, regional, or national history; or

(b) Is associated with the lives of personsClosed Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. significant in local, regional, national history; or

(c) Embodies the distinctive characteristics of a type, period, or method of construction; represents the work of a master; possesses high artistic values (i.e., the architecture alone is significant in its own right); or

(d) Has yielded, or may be likely to yield, information important to Durham’s history or prehistory.

c. The governing body must deem and find that the property possesses distinction within the context or period of significance.

Commentary:  A 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 whose components lack individual distinction may still be considered a landmark if the whole is significant.

2. A property shall be designated as a historic landmark only with the consent of the property owner or ownersClosed The owner of a parcel of land as shown on the Durham County tax records..

D. Action by the Historic Preservation Commission

1. In accordance with NCGS §160D-946, the HPC shall make or cause to be made an investigation and report on the prehistorical, historical, architectural, educational or cultural significance of each 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 proposed for designation or acquisition. The investigation and report shall be forwarded to the Division of Archives and History, North Carolina Department of Cultural Resources.

2. The HPC shall hold a public hearing and give notice in accordance to paragraph 3.2.5, Notice and Public Hearings, on the proposed ordinance of designation. It shall recommend to the governing body, denial of designation or approval of designation of the proposed historic landmark.

E. Action by the NC Department of Natural and Cultural Resources

In accordance with NCGS §160D-946, the NC Department of Natural and Cultural Resources shall make an analysis of and recommendations concerning the investigation and report. Failure of the NC Department of Natural and Cultural Resources to submit its written analysis and recommendations within 30 days after a written request for such analysis has been received by the Department shall relieve the governing body of any responsibility for awaiting such analysis, and the governing body may at any time thereafter take action.

F. Action by the Governing Body

1. The governing body, after ensuring that the other governing body has been notified, shall hold a public hearing and give notice in accordance paragraph 3.2.5, Notice and Public Hearings, on the proposed ordinance of designation.

2. Following the public hearing, the governing body may adopt the ordinance of designation as proposed, adopt the ordinance of designation with any amendments it deems necessary, or reject the proposal.

G. Adoption of an Ordinance of Designation

Upon compliance with the required procedures of this section, the governing body may, for its respective jurisdiction, adopt and from time to time amend or repeal an ordinance designating one or more historic landmarks. The ordinance shall include the following information:

1. A legal description of each property designated by the ordinance, including the tax identification number for the property. The ordinance shall clearly indicate what elements of the property are designated as an historic landmark. Examples of those elements are a 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.’s interior, its exterior, any specific or all outbuildings, other site elements or the entire site;

2. The name or names of the ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds. or ownersClosed Any person having charge of any real property according to the records held by the Register of Deeds. of the property;

3. A description of those elements of the landmark that are integral to its educational, cultural, historical, architectural or prehistorical value;

4. The land area of the property;

5. A note that structural and site improvements shall require approval of a certificate of appropriateness pursuant to Sec. 3.17, Certificate of Appropriateness, if applicable; and that, for each 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, the waiting period set forth in paragraph 3.17.6, COA for Demolition, Destruction and Relocation of this Ordinance shall be observed prior to its demolition; and

6. Any other information the HPC deems necessary.

H. Historic Markers

The ordinance designating the landmark may also provide for suitable markers on the property noting that the landmark has been so designated, including but not limited to signsClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign., plaques or other appropriate indicators. If the ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds. consents, the signClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. shall be placed upon the property. If the ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds. objects, the signClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. shall be placed on a nearby public right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility..

I. Action Following Designation

Upon adoption of the ordinance of designation, the following provisions shall apply:

1. The ownersClosed Any person having charge of any real property according to the records held by the Register of Deeds. and occupants of each designated historic landmark shall be given written notification of such designation by the Planning Director, or designee, insofar as reasonable diligence permits.

2. One copy of the ordinance and each amendment thereto shall be filed by Planning Director, or designee, in the OfficeClosed 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. of the Register of Deeds of Durham County. Each historic landmark designated in the ordinance shall be indexed according to the name of the ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds. of the property in the grantee and grantor indexes in the OfficeClosed 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. of the Register of Deeds.

3. One copy of the ordinance and each amendment thereto shall be given to the Inspections Director, or designee.

4. For historic landmarks, one copy of the ordinance and each amendment thereto shall be kept on file in the OfficeClosed 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. of the City or County Clerk, as appropriate, and made available for public inspection at any reasonable time.

5. The fact that a 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 has been designated as an historic landmark shall be clearly indicated on all maps maintained by Durham County for tax purposes for such period as the designation remains in effect.

6. The Planning Director, or designee, shall give notice of the adoption of an ordinance of designation and any amendment thereof to the Durham County Tax Supervisor. The designation and any recorded restriction upon the property limiting its use for preservation purposes shall be considered by the Tax Supervisor in appraising it for tax purposes.

J. Effect of Subdivision or Recombination

1. Designation shall remain applicable to all properties subdivided from the originally designated property.

2. When designated property is recombined with non-designated property, the designation shall remain applicable only to the improvements and portion of property originally designated, and shall not extend to improvements and the portions of the recombined property not originally designated.

3.16.4. Designation of a Landmark Sign

A. Procedure

The following procedure shall be used to designate signsClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. as Landmark SignsClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign.. No signClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. shall be considered a Landmark SignClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. unless it has received that designation through this process.

1. An application for a landmark signClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. designation shall be submitted in accordance with paragraph 3.2.4, Application Requirementss.

2. The Planning Director, or designee, shall forward the application and all supporting material to the Historic Preservation Commission.

3. The applications shall be considered by the Historic Preservation Commission. The Commission shall review the application and may designate the signClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. as a Landmark SignClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign., deny the designation, or request additional information in order to make a decision. A signClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. which is denied a designation shall be considered a nonconforming signClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. which shall be removed.

4. If the signClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. is designated as a Landmark SignClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign., a copy of the application shall be submitted to the Inspections Department.

5. The  Planning Department shall issue a signClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. permit for the signClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. if the signClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. is found to be structurally safe. Landmark SignsClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. shall conform to all other provisions of this section not in conflict with the privileges of the landmark designation.

6. Landmark signsClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. shall be subject to the privileges and regulations of Sec. 11.7, Landmark Signs, but Article 11, Sign Standards, shall otherwise not apply.

B. Approval Criteria

1. The Historic Preservation Commission may establish a schedule to review applications for Landmark SignClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. designations.

2. To qualify as a Landmark SignClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign., the signClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. shall meet all of the following criteria:

a. Be recognized as important to the culture or history of the jurisdiction, or possess unique characteristics, or incorporate materials or craftsmanship not commonly found in newer signsClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign..

b. Bear a close resemblance to its appearance when it was installed.

c. The current state of the signClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. is determined to be structurally sound, and it does not pose a safety hazard due to its location relative to street intersections or by extension into the public right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility.. 

d. The HPC may impose conditions on the approval of a designation to address safety issues, required maintenance, or required preservation of the signClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign..  

3.16.5. Repeal of Historic District or Historic Landmark Designation

A. A petition to remove a local historic district overlay designation on property, along with revision to the applicable preservation plan, shall follow the same procedures for a zoning map change, and shall also require the following prior a public hearing with the Planning Commission:

1. The petition shall be sent to the State Historic Preservation OfficeClosed 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. for a review consistent with paragraph 3.16.2C, Action by the NC Department of Cultural Resources.

2. A public hearing for review and recommendation by the Historic Preservation Commission consistent with paragraph 3.16.2D, Action by the Historic Preservation Commission.

B. The governing body may repeal an ordinance designating an historic district or an historic landmark. The repeal process shall be consistent with the adoption process prescribed within NCGS §160D-946. The governing body’s action to repeal an ordinance of designation shall include the reasons for the repeal and a review by the State Historic Preservation OfficeClosed 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..

C. When such repeal occurs, the Planning Director, or designee, shall notify the HPC and the property owner or ownersClosed The owner of a parcel of land as shown on the Durham County tax records.. When such repeal occurs of an historic landmark designation, the Planning Director, or designee, shall also notify the Register of Deeds for Durham County and the Durham County Tax Supervisor.