(a) Any municipalgoverning board may, as part of a zoning or other ordinance enacted or amendedpursuant to this Article, designate and from time to time amend one or morehistoric districts within the area subject to the ordinance. Such ordinance maytreat historic districts either as a separate use district classification or asdistricts which overlay other zoning districts. Where historic districts aredesignated as separate use districts, the zoning ordinance may include as usesby right or as conditional uses those uses found by the Preservation Commissionto have existed during the period sought to be restored or preserved, or to becompatible with the restoration or preservation of the district.
(b) No historicdistrict or districts shall be designated under subsection (a) of this sectionuntil:
(1) An investigation andreport describing the significance of the buildings, structures, features,sites or surroundings included in any such proposed district, and a descriptionof the boundaries of such district has been prepared, and
(2) The Department ofCultural Resources, acting through the State Historic Preservation Officer orhis or her designee, shall have made an analysis of and recommendations concerningsuch report and description of proposed boundaries. Failure of the departmentto submit its written analysis and recommendations to the municipal governingboard within 30 calendar days after a written request for such analysis hasbeen received by the Department of Cultural Resources shall relieve themunicipality of any responsibility for awaiting such analysis, and said boardmay at any time thereafter take any necessary action to adopt or amend itszoning ordinance.
(c) The municipalgoverning board may also, in its discretion, refer the report and proposedboundaries under subsection (b) of this section to any local preservationcommission or other interested body for its recommendations prior to takingaction to amend the zoning ordinance. With respect to any changes in theboundaries of such district subsequent to its initial establishment, or thecreation of additional districts within the jurisdiction, the investigativestudies and reports required by subdivision (1) of subsection (b) of this sectionshall be prepared by the preservation commission, and shall be referred to thelocal planning agency for its review and comment according to procedures setforth in the zoning ordinance. Changes in the boundaries of an initial districtor proposal for additional districts shall also be submitted to the Departmentof Cultural Resources in accordance with the provisions of subdivision (2) ofsubsection (b) of this section.
On receipt of these reportsand recommendations, the municipality may proceed in the same manner as wouldotherwise be required for the adoption or amendment of any appropriate zoningordinance provisions.
(d) The provisions ofG.S. 160A‑201 apply to zoning or other ordinances pertaining to historicdistricts, and the authority under G.S. 160A‑201(b) for the ordinance toregulate the location or screening of solar collectors may encompass requiringthe use of plantings or other measures to ensure that the use of solarcollectors is not incongruous with the special character of the district. (1989, c. 706, s. 2; 2009‑553,s. 4.)
(a) Any municipalgoverning board may, as part of a zoning or other ordinance enacted or amendedpursuant to this Article, designate and from time to time amend one or morehistoric districts within the area subject to the ordinance. Such ordinance maytreat historic districts either as a separate use district classification or asdistricts which overlay other zoning districts. Where historic districts aredesignated as separate use districts, the zoning ordinance may include as usesby right or as conditional uses those uses found by the Preservation Commissionto have existed during the period sought to be restored or preserved, or to becompatible with the restoration or preservation of the district.
(b) No historicdistrict or districts shall be designated under subsection (a) of this sectionuntil:
(1) An investigation andreport describing the significance of the buildings, structures, features,sites or surroundings included in any such proposed district, and a descriptionof the boundaries of such district has been prepared, and
(2) The Department ofCultural Resources, acting through the State Historic Preservation Officer orhis or her designee, shall have made an analysis of and recommendations concerningsuch report and description of proposed boundaries. Failure of the departmentto submit its written analysis and recommendations to the municipal governingboard within 30 calendar days after a written request for such analysis hasbeen received by the Department of Cultural Resources shall relieve themunicipality of any responsibility for awaiting such analysis, and said boardmay at any time thereafter take any necessary action to adopt or amend itszoning ordinance.
(c) The municipalgoverning board may also, in its discretion, refer the report and proposedboundaries under subsection (b) of this section to any local preservationcommission or other interested body for its recommendations prior to takingaction to amend the zoning ordinance. With respect to any changes in theboundaries of such district subsequent to its initial establishment, or thecreation of additional districts within the jurisdiction, the investigativestudies and reports required by subdivision (1) of subsection (b) of this sectionshall be prepared by the preservation commission, and shall be referred to thelocal planning agency for its review and comment according to procedures setforth in the zoning ordinance. Changes in the boundaries of an initial districtor proposal for additional districts shall also be submitted to the Departmentof Cultural Resources in accordance with the provisions of subdivision (2) ofsubsection (b) of this section.
On receipt of these reportsand recommendations, the municipality may proceed in the same manner as wouldotherwise be required for the adoption or amendment of any appropriate zoningordinance provisions.
(d) The provisions ofG.S. 160A‑201 apply to zoning or other ordinances pertaining to historicdistricts, and the authority under G.S. 160A‑201(b) for the ordinance toregulate the location or screening of solar collectors may encompass requiringthe use of plantings or other measures to ensure that the use of solarcollectors is not incongruous with the special character of the district. (1989, c. 706, s. 2; 2009‑553,s. 4.)
(a) Any municipalgoverning board may, as part of a zoning or other ordinance enacted or amendedpursuant to this Article, designate and from time to time amend one or morehistoric districts within the area subject to the ordinance. Such ordinance maytreat historic districts either as a separate use district classification or asdistricts which overlay other zoning districts. Where historic districts aredesignated as separate use districts, the zoning ordinance may include as usesby right or as conditional uses those uses found by the Preservation Commissionto have existed during the period sought to be restored or preserved, or to becompatible with the restoration or preservation of the district.
(b) No historicdistrict or districts shall be designated under subsection (a) of this sectionuntil:
(1) An investigation andreport describing the significance of the buildings, structures, features,sites or surroundings included in any such proposed district, and a descriptionof the boundaries of such district has been prepared, and
(2) The Department ofCultural Resources, acting through the State Historic Preservation Officer orhis or her designee, shall have made an analysis of and recommendations concerningsuch report and description of proposed boundaries. Failure of the departmentto submit its written analysis and recommendations to the municipal governingboard within 30 calendar days after a written request for such analysis hasbeen received by the Department of Cultural Resources shall relieve themunicipality of any responsibility for awaiting such analysis, and said boardmay at any time thereafter take any necessary action to adopt or amend itszoning ordinance.
(c) The municipalgoverning board may also, in its discretion, refer the report and proposedboundaries under subsection (b) of this section to any local preservationcommission or other interested body for its recommendations prior to takingaction to amend the zoning ordinance. With respect to any changes in theboundaries of such district subsequent to its initial establishment, or thecreation of additional districts within the jurisdiction, the investigativestudies and reports required by subdivision (1) of subsection (b) of this sectionshall be prepared by the preservation commission, and shall be referred to thelocal planning agency for its review and comment according to procedures setforth in the zoning ordinance. Changes in the boundaries of an initial districtor proposal for additional districts shall also be submitted to the Departmentof Cultural Resources in accordance with the provisions of subdivision (2) ofsubsection (b) of this section.
On receipt of these reportsand recommendations, the municipality may proceed in the same manner as wouldotherwise be required for the adoption or amendment of any appropriate zoningordinance provisions.
(d) The provisions ofG.S. 160A‑201 apply to zoning or other ordinances pertaining to historicdistricts, and the authority under G.S. 160A‑201(b) for the ordinance toregulate the location or screening of solar collectors may encompass requiringthe use of plantings or other measures to ensure that the use of solarcollectors is not incongruous with the special character of the district. (1989, c. 706, s. 2; 2009‑553,s. 4.)
