NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 1058

SENATE BILL 724

 

 

AN ACT TO CREATE A HISTORIC SITES COMMISSION FOR THE CITY OF RALEIGH; TO DEFINE ITS DUTIES; AND TO PROVIDE OTHERWISE FOR THE ACQUISITION, RESTORATION AND PRESERVATION OF HISTORIC SITES AND BUILDINGS.

 

The General Assembly of North Carolina do enact:

 

Section 1. Legislative Findings. It is hereby determined and declared as a matter of legislative finding that the historical heritage of this State is among its most valued and important assets. It is the intent of this Act to authorize the Capital City, the City of Raleigh (1) to safeguard the heritage of the municipality by preserving any buildings, structures or areas therein which reflect elements of its cultural, social, economic, political or architectural history, (2) to stabilize and improve property values in such areas, (3) to foster civic beauty, (4) to strengthen the local economy, and (5) to promote the use and preservation of such buildings, structures or areas for the education, welfare and pleasure of residents of the municipality and of the State as a whole.

Sec. 2. Creation of the Raleigh Historic Sites Commission. The City Council of the City of Raleigh may appoint a Historic Sites Commission, said Commission to serve at the pleasure of the Council. Such Commission shall consist of not less than five members. Members shall be appointed for such terms (not to exceed two years, but with eligibility for reappointment) as shall be specified by the City Council. The City Council may, in its discretion, designate the existing Raleigh Historic Sites Commission as the Historic Sites Commission authorized by this Act.

Sec. 3. Powers of the Commission. The Commission shall be authorized to:

(a)       Recommend historic sites and areas, to the City Council and the adoption of an ordinance relating thereto on the basis of the following criteria: Historic and cultural significance; suitability for preservation; educational value; cost of acquisition, restoration, maintenance and repair; appraised value; and administrative responsibility of a sponsoring group or individual.

(b)       Prepare regulations amplifying the foregoing criteria and clarifying the methods by which it shall exercise the powers conferred herein.

(c)       Acquire by gift or purchase any designated historic site or building or area as defined herein or any interest therein to preserve its historic character.

(d)       Make appropriate provision for the restoration, preservation and operation of such sites and areas as may be acquired by it or the City of Raleigh.

(e)       Recommend the revocation of the designation of any historic site or area when, in its opinion, it should do so.

(f)        Develop an educational program to arouse and maintain public interest in historic sites.

(g)       Notify the owners of property which has been designated as a historic site of such designation and of its desire to acquire such property for preservation.

(h)       The members of the Commission shall serve without compensation.

Sec. 4. Adoption of an Ordinance. Upon completion of the required procedures as herein set out, the City Council of the City of Raleigh may adopt an ordinance designating a historic site or area, such ordinance shall describe the area or site included within such designation by metes and bounds, the name or names of the owner or owners of the property and such other information as the City Council deems necessary. The ordinance shall provide for the erection of a sign on the site setting forth the fact that said site or area has been designated a historic site, said sign to be placed on the site or area itself if the owner will consent. If the owner's consent cannot be obtained, the sign shall be placed on the nearest public right of way to said site or area.

Sec. 5. Required Procedures. No ordinance designating a historic site or area or an amendment thereto shall be adopted until the following procedural steps shall have been taken:

(a)       The Raleigh Historic Sites Commission shall make an investigation and report on the historic or architectural significance of any buildings, structures or areas proposed for listing.

(b)       The State Department of Archives and History, acting through such agent or employee as may be designated by its director, shall make an analysis of and recommendations concerning such report. This require­ment shall be waived in the event the department fails to submit its analysis and recommendations to the municipal legislative body within 60 days after a written request for such analysis has been mailed to it by the clerk to the municipal legislative body.

(c)       The Historic Sites Commission and the Raleigh City Council shall hold a joint public hearing on the proposed ordinance. Such hearing shall be advertised at least once in a newspaper generally circulated within the municipality and written notice of the hearing shall be mailed to all owners and occupants of the properties proposed to be listed whose identity and current mailing address can be ascertained by the exercise of due diligence. All such notices shall be published or mailed not less than 10 days prior to the date set for the hearing.

(d)       Following the joint public hearing, the Historic Sites Commission shall make any further recommendations to the City Council which it deems wise, The City Council may thereupon adopt the ordinance as proposed, adopt the ordinance with any amendments it deems necessary or reject the proposal.

(e)       Upon adoption of the ordinance, the owners and occupants of all listed buildings, structures or areas whose identity and current mailing address can be ascertained by the exercise of due diligence shall be given written notification of that fact. A copy of said ordinance shall thereupon be filed in the office of the Register of Deeds of Wake County and said ordinance shall be indexed by property owner's name in the grantor index in said Register of Deeds office.

Sec. 6. Waiting Period. No building which has been declared a historic site by ordinance as herein provided may, after a notice as hereinbefore provided, be demolished or materially altered except upon 60-day written notice to the Historic Sites Commission of such intent in order that the Historic Sites Commission or the City of Raleigh may make any effort to acquire such site or the buildings thereon within such 60-day period for the purpose of preservation.

Sec. 7. Certain Changes Not Prohibited. Nothing in this Article shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in a historic area or property which does not involve a change in design, material or outer appearance thereof, nor to prevent the construction, reconstruction, alteration, restoration or demolition of any such feature which the building inspector or similar official shall certify is required by the public safety because of an unsafe or dangerous condition; provided, nothing herein shall be construed to prevent a property owner from making any use of his property not prohibited by other statutes, ordinances or regulations.

Sec. 8. Authority to Acquire Historic Buildings. The City of Raleigh may acquire property designated as historic sites or areas but shall pay therefor only out of nontax funds available for that purpose. The general powers granted to the City Council by Section 160-200 (1), (2), (4) and (5) of the General Statutes of North Carolina shall be deemed to include specifically the authority to acquire by fee simple or by lease to maintain, manage or dispose of any property, building or structure designated as a historic site or area by ordinance adopted pursuant to this Act.

Sec. 9. Appropriations. The City of Raleigh is authorized to make appropriations from nontax funds to the Historic Sites Commission of the City of Raleigh in such amounts as it may determine as necessary for the expenses of operation of the Historic Sites Commission and of such other amounts as may be necessary for the acquisition, restoration and preservation of historic sites or of land on which historic buildings are located or to which they may be moved.

Sec. 10. Ownership of Property. All lands or buildings acquired by funds appropriated from the City of Raleigh shall be acquired in the name of the City of Raleigh and shall be maintained by or under the supervision and control of the City of Raleigh; provided, all lands or structures acquired by the Historic Sites Commission from funds other than those appropriated by the City of Raleigh may be acquired in the name of the Historic Sites Commission, the City of Raleigh, or both.

Sec. 11. Separability. Should any Section, clause or provision of this Act be declared by the courts to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the Act as a whole nor any part thereof other than the part so declared to be unconstitutional or invalid.

Sec. 12. All laws and clauses of laws in conflict herewith are hereby repealed to the extent of such conflict; provided, however, that the Raleigh City Council may elect to proceed either under the provisions of this Act or under any similar provisions of its charter, and this Act shall not be construed to repeal such charter provisions.

Sec. 13. This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 3rd day of July, 1967.