Certificate of Appropriateness (COA)

Sec. 3.17. Certificate of Appropriateness (COA)

3.17.1. Applicability

A. From and after the designation of an historic district or historic landmark, no exterior feature or designated portion of any building 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 other site work (including masonry walls, fences, light fixtures, steps, pavement, above-ground utility and mechanical equipment, signs 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., landscaping, and other appurtenant features) shall be erected, altered, restored, moved or demolished within a historic district or on such historic landmark until after an application for a certificate of appropriateness (COA) as to the exterior feature or designated portion has been submitted to and approved by the Historic Preservation Commission (HPC).

B. Work done by the City and County and by public utility A business or service that provides the public with electricity, gas, water and sewer service, telephone or cable television service. A wireless communication facility, unless regulated as a public utility by State or federal regulations, shall not be considered a public utility. companies shall be subject to the provisions of this section.

C. For the purposes of this section, the term "exterior feature" shall include the architectural style, general design, and general arrangement of the exterior of a building 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 other structure 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., including the kind and texture of the building 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. material, the size and scale of the building 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., and the type and style of all windows, doors, light fixtures, signs 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. and other appurtenant features. In the case of outdoor advertising signs 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 term "exterior features" shall be construed to mean the style, material, size and location of all such signs 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.. These "exterior features" may include historic signs 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. and significant landscape, archaeological and natural features of the area.

D. For the purposes of this section, the term "designated portion" shall mean any portion of an historic landmark that was included in the ordinance designating the landmark, including the main structure 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. or structures, the interior or portions of the interior, any outbuildings or secondary structures, site elements and landscaping.

E. A COA shall be required whether or not another permit is required.

F. Work Not Requiring a COA

1. Nothing in this Ordinance shall be construed to prevent the ordinary maintenance or repair of any exterior feature in the historic district or on an historic landmark which does not involve a substantial change In regards to wireless communication facilities, a modification that substantially changes the physical dimensions of an existing tower or base station if it meets any of the criteria detailed in the FCC Report and Order FCC14-153, or as amended. in the design, material, or outer appearance thereof, as described in the Historic Properties Local Review Criteria, as amended.

2. Nor shall this Ordinance be construed to prevent the construction, reconstruction, alteration, restoration or demolition of any such feature which is determined to be a threat to the public safety. The Inspections Director, or designee, shall certify in writing to the approving authority that such action is required for the public safety because of an unsafe or dangerous condition.

3. Nothing herein shall be construed to prevent a property owner Any person having charge of any real property according to the records held by the Register of Deeds. from making any use of his or her property not prohibited by other statutes, ordinances or regulations.

4. No certificate of appropriateness shall be required for interior changes. However, this does not excuse the property owner Any person having charge of any real property according to the records held by the Register of Deeds. from obtaining required building 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. permits for interior work.

3.17.2. Coordination with Other Permits

The City or the County shall not grant any building permit A permit issued by the Inspections Department in conformance with the State Building Code. or other permit for the purposes of constructing, altering, moving or demolishing any structure 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. within or on an historic district or historic landmark for which a COA has not been approved.

3.17.3. Application Requirements

A. An application for a COA shall be submitted in accordance with paragraph 3.2.4, Application Requirementss.

B. An applicant may file with the application any additional relevant information bearing on the application.

3.17.4. Minor Works COA

A. Pursuant to the HPC rules of procedure, the Planning Director, or designee, may approve or amend COAs for the following activities, or may refer them to the HPC for a decision:

1. Activities expressly authorized by the HPC;

2. Minor design changes to projects for which a COA has been issued by the HPC; or

3. Anything not specifically covered by this section that the Planning Director or designee determines is not so significant as to impair or affect historic, architectural, or aesthetic character.

B. A public hearing or public notice shall not be required unless the application is referred to the HPC for a major works COA.

C. Conformance to the applicable design review criteria within the adopted Historic Properties Local Review Criteria, as amended, shall be required in order to approve or amend a COA.

D. Conditions may be placed upon a COA as part of the approval in order to facilitate compliance with the Historic Properties Local Review Criteria, as amended. A violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of any conditions shall be considered a violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of the COA.

3.17.5. Major Works COA

The HPC shall be the approving authority for any improvement to property within a local historic district or with a local historic landmark designation that requires a COA, but does not qualify as a minor COA.

A. Notification of the Commission

The Planning Director, or designee, shall notify the members of the HPC at least seven calendar days before its regularly scheduled meeting of any pending applications scheduled for the public hearing.

B. Action by the Historic Preservation Commission

1. The HPC shall hold a public hearing for a major works COA. Public notice of applications shall be provided pursuant to paragraph 3.2.5, Notice and Public Hearings.

2. As part of its review procedure, the HPC may view the premises and seek the advice of the North Carolina Department of Natural and Cultural Resources or other expert advice as it may deem necessary under the circumstances.

3. The HPC shall approve, approve with modifications or conditions, or disapprove an application for a major works COA.

4. Prior to final action on an application for a certificate of appropriateness in an historic district, the HPC, using the applicable design review criteria adopted within the Historic Properties Local Review Criteria, as amended, shall make findings of fact indicating the extent to which the application is or is not consistent with the historic character and qualities of the historic district.

5. Prior to final action on an application for a certificate of appropriateness for an historic landmark, the HPC, using the and applicable design review criteria adopted within the Historic Properties Local Review Criteria, as amended, shall make findings of fact indicating the extent to which the application is or is not consistent with the historic character and qualities of the historic landmark property.

6. The HPC may not deny a certificate of appropriateness for demolition except as specified in paragraph 3.17.6, COA for Demolition, Destruction and Relocation.

C. Approval Criteria for Historic Districts

1. For historic districts, the intent of these regulations is to ensure, insofar as possible, that buildings or structures in the historic district shall be in harmony with other building 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 structures located therein. However, it is not the intention of these regulations to require the reconstruction or restoration of individual or original buildings or to prohibit the demolition or removal of such buildings or to impose architectural styles from particular historic periods. In considering new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures., the HPC shall encourage contemporary design which is harmonious with the character of the historic district.

2. In granting a COA, the HPC shall take into account, in accordance with the Historic Properties Local Review Criteria, as amended:

a. The historic or architectural significance of the structure 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. under consideration in relation to the historic value of the district;

b. The exterior form and appearance of any proposed additions or modifications to that structure 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.; and

c. The effect of such additions or modifications upon other structures in the vicinity.

3. The HPC may place conditions upon a COA as part of the approval in order to facilitate compliance with the Historic Properties Local Review Criteria, as amended. A violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of any condition shall be considered a violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of the COA.

D. Approval Criteria for Historic Landmarks

1. In granting a COA, the HPC shall take into account in accordance with the principles and design review criteria adopted for historic landmarks, namely the Historic Properties Local Review Criteria, as amended:

b. The exterior form and appearance of any proposed additions or modifications to the structure 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 or setting.

2. The intent of these regulations is to ensure, insofar as possible, that changes to buildings or structures designated as historic landmarks shall be in harmony with the historic character that was cited as the reasons for designation.

E. Deferral of Application

1. An applicant for a COA may request that the HPC’s consideration of the application be deferred to a specific date.

2. Upon such request, the Planning Director, or designee, shall have the authority to grant the deferral.

3. A request for deferral shall be made in writing to the Planning Director, or designee, at least ten days prior to the scheduled consideration of the application and shall indicate the date to which the deferral is requested and the reasons for the deferral. Only one deferral shall be permitted for each application.

F. Time Limits

1. Final action shall be taken upon any application for a COA within 180 days after the complete application is submitted to the Planning Director or designee. Such 180-day time period shall include any continuance or deferred consideration by the HPC or deferral granted as requested by the applicant under paragraph 3.17.5E, Deferral of Application. If final action is not taken within such 180-day time period, the application shall be deemed approved.

2. A master COA shall expire four years after the effective date, and all other COAs shall expire two years after the effective date, if:

a. A building permit A permit issued by the Inspections Department in conformance with the State Building Code. or other development 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. permit has not been issued;

b. A building 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 other development 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. permit has expired; or

c. If work not requiring a permit has not been initiated.

3.17.6. COA for Demolition, Destruction, and Relocation

A. An application for a certificate of appropriateness authorizing the demolition, destruction or relocation of a structure 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. in a designated historic district or of a designated historic landmark shall not be denied. However, the effective date of such a certificate of appropriateness may be delayed for a period of up to 365 days from the date of approval The date of approving authority action.. This maximum period of delay shall be reduced by the HPC when it finds that the owner Any person having charge of any real property according to the records held by the Register of Deeds. would suffer extreme hardship or be permanently deprived of all beneficial use of or return from such structure 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. or landmark by virtue of the delay. During such period, the HPC may negotiate with the owner Any person having charge of any real property according to the records held by the Register of Deeds. and with any other parties in an effort to find a means of preserving the structure 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. or landmark.

B. If the HPC finds that the structure 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. has no particular significance or value toward maintaining the character of an historic district, it shall waive all or part of such period and authorize earlier demolition or removal.

C. If the HPC finds that the structure 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. has no particular significance or value toward maintaining the character of an historic district, it shall waive all or part of such period and authorize earlier demolition or removal. An application for demolition, destruction and relocation of a building 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., site or structure 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. determined by the State Historic Preservation Officer 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. as having statewide significance as defined in the criteria of the National Register of Historic Places may be denied except where the HPC finds that the owner Any person having charge of any real property according to the records held by the Register of Deeds. would suffer extreme hardship or be permanently deprived of all beneficial use or return from such structure 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. or landmark by virtue of the denial.

3.17.7. Master COA for Public Projects

A. Rather than obtaining individual COA for each proposed project in an historic district, the City and County and public utility A business or service that provides the public with electricity, gas, water and sewer service, telephone or cable television service. A wireless communication facility, unless regulated as a public utility by State or federal regulations, shall not be considered a public utility. companies may instead obtain a master COA from the HPC.

B. The provisions of this section that apply to COAs shall also apply to master COAs.

C. In addition to acquiring a master COA, the City and County and any public utility A business or service that provides the public with electricity, gas, water and sewer service, telephone or cable television service. A wireless communication facility, unless regulated as a public utility by State or federal regulations, shall not be considered a public utility. companies shall notify the City Manager or County Manager, as appropriate, prior to performing any work within any historic district. In emergency situations, as determined by the Inspections Director, or designee, notification by the next work day Days exclusive of Saturday, Sunday and (a) when used other than in reference to Sec. 3.8, Sedimentation and Erosion Control, and Sec. 12.10, Sedimentation and Erosion Control, legal holidays recognized by the City or County; or (b) when used in reference to Section 3.8 and 12.10, days during which weather conditions or soil conditions permit land-disturbing activity to be undertaken, as determined by the sedimentation and erosion control officer, or their designee, except where the context clearly indicates otherwise. is acceptable. Such work shall be done in accordance with the Historic Properties Local Review Criteria, as amended, adopted for the historic district as part of the Historic District Preservation Plan. The City Manager or County Manager, as appropriate, may inspect all work done pursuant to a master COA.

3.17.8. Submission of New Application

If the HPC denies an application for a COA, a new application affecting the same property may be submitted only if substantial changes In regards to wireless communication facilities, a modification that substantially changes the physical dimensions of an existing tower or base station if it meets any of the criteria detailed in the FCC Report and Order FCC14-153, or as amended. are made in plans for the proposed construction, reconstruction, alteration, restoration, moving or demolition, or if conditions related to the historic district or historic landmark or surrounding uses have changed substantially.

3.17.9. Local and State Coordination

The HPC shall use all reasonable efforts to expedite any concurrent process with the North Carolina Department of Natural and Cultural Resources if such a process is desired by the applicant for the purpose of securing both a certificate of appropriateness and a Federal historic preservation tax credit.

3.17.10. Specific Enforcement

A. Compliance with the terms of a COA shall be enforced by the Inspections Director, or designee. Construction or other work which fails to comply with a COA shall be a violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of this Ordinance and subject to Article 15, Enforcement. The discontinuance of work for a period of six months shall be considered a failure to comply with a COA.

B. Nothing contained in this section shall prohibit, impair or limit in any way the power of the City or County to prevent the construction, reconstruction, alteration, restoration or removal of buildings, structures, appurtenant fixtures or outdoor signs 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. in the historic district in violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of the provisions of this Ordinance. The enforcement of any remedy provided herein shall not prevent the enforcement of any other remedy or remedies provided herein or in other ordinances or laws.

C. Failure to obtain a required COA prior to commencing work shall be subject to Article 15, Enforcement.

3.17.11. Appeal

An appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. of a decision of the Commission in granting or denying any certificate of appropriateness is taken by filing a petition for certiorari with the Durham County Superior Court.