§ 44-67. Generally.

(a)

From and after the designation of a landmark or a historic district, no exterior portion of any building or other structure nor any type of above-ground utility structure or outdoor advertising sign shall be erected, altered, restored, moved or demolished on such landmark or within the historic district until after an application for a Certificate of Appropriateness as to exterior features has been submitted to and approved by the Commission.

(b)

Where a building permit or other permit is required for the purposes of constructing, altering, moving, deconstructing or demolishing buildings or structures, a Certificate of Appropriateness shall be approved by the Commission prior to the issuance of the permits. A Certificate may be issued subject to reasonable conditions but shall be required whether or not a building or other permit is required.

(c)

For purposes of this Ordinance, "exterior features" shall include the following:

(1)

The architectural style, general design, and general arrangement of the exterior of a building or other structure, including:

a.

The kind and texture of the building material;

b.

The size and scale of the building or structure; and

c.

The type and style of all windows, doors, fences, steps and pavement, light fixtures, signs, and other appurtenant features.

(2)

Historic signs, significant landscapes, and archaeological and natural features of the area.

(3)

In the case of outdoor advertising signs, "exterior features" shall be construed to mean the style, material, size and location of all such signs.

(d)

Except as provided in subsection 44-67(e) below, the Commission shall have no jurisdiction over interior arrangement and shall take no action under this Ordinance except to prevent the construction, reconstruction, alteration, restoration, moving or demolition of buildings, structures, appurtenant features, outdoor advertising signs or other significant features which would be incongruous with the special character of a historic district or landmark.

(e)

Notwithstanding subsection 44-67(d) of this section, jurisdiction of the Commission over interior spaces shall be limited to specific interior features of architectural, artistic or historical significance in publically owned landmarks; and of privately owned historic landmarks for which consent for interior review has been given by the owner. Said consent of an owner for interior review shall bind future owners and/or successors in title, provided such consent has been filed in the Office of the Register of Deeds and indexed according to the name of the owner of the property in the grantee and grantor indexes. The landmark designation shall specify the interior features to be reviewed and the specific nature of the Commission's jurisdiction over the interior.

(f)

The State of North Carolina, including its agencies, political subdivisions, and instrumentalities, Orange County, and all public utilities shall be required to obtain a Certificate of Appropriateness for construction, alteration, moving, deconstructing or demolition within a historic district or on designated landmarks.

(Ord. of 04-01-1991, § 5.1, eff. 04-01-1991; Amend. of 8-8-1994, eff. 8-8-1994)