Historic Preservation Commission Rules of Procedure
Purpose
To establish procedures for organizing the business of the Guilford County Joint Historic Properties Commission, hereafter termed "Commission", to evaluate applications for the historic properties designation and certificates of appropriateness for (1) any changes in external appearances of existing historic structures; (2) design for new structures; and (3) for demolition of existing historic structures which have been designated Historic Properties, hereafter called "Properties".
General Rules
The Commission shall be governed by the terms of the Historic Properties Ordinance as contained in the code of Ordinances and the terms of North Carolina General Statues, Chapter 160A, Article 19, Part 3B, Sections 160A-399.1 through 160A-399.13 as they may be amended by these rules, the Commission shall follow the rules contained in the current edition of Robert's Rules of Order.
Jurisdiction
The Commission's jurisdiction for its activities shall be the cities of Greensboro and High Point, the towns of Jamestown and Gibsonville, Whitsett, Oak Ridge and all the unincorporated area of Guilford County.
Members, Officers, and Duties
The Commission shall be composed of eleven (11) members, whose terms of office are set by the Board of County Commissioners of Guilford County and the City and Town Councils of the involved municipalities.
Chairman
A chairman shall be elected by the members of the Historic Properties Commission. The Chairman shall decide all points of order and procedure, subject to these rules, unless directed otherwise by a majority of Commission in session at the time. The Chairman shall have the same voting privileges as any other member. The Chairman shall appoint any committees found necessary to investigate any matters before the Commission.
Vice-Chairman
A vice-chairman shall be elected by the Commission from among its members in the in the same manner as the chairman. The Vice-Chairman shall serve as chairman in the absence of the chairman, and at such times shall have the same powers and duties as the chairman.
Secretary
A member of the staff, designated by the county manager shall serve as ex officio secretary to the Commission. The secretary, subject to the direction of the chairman of the Commission, shall keep all records, conduct all correspondence of the commission and generally supervise the clerical work of the Commission. The secretary shall not be eligible to vote upon any matters.
Elections
Election of officers shall be held at the first regular meeting in April. Member shall be notified by the Secretary in writing of the election of officers at least thirty (30) days prior to the regular meeting.
Attendance at Meetings
Faithful and prompt attendance at all meetings of the Commission and conscientious performance of the duties requires of members shall be prerequisite to continuing membership on the Commission. Should a member fail to attend four (4) consecutive regular meetings of the Commission, the Chairman, with the concurrence of a majority of the entire Commission, shall recommend to the appointing body that a vacancy be declared and the vacated position be filled.
Matters Involving Commission Members
No Commission member shall take part in the hearing, consideration or determination of any matter in which he/she is a party or has a financial interest.
Qualification to Vote
No Commission member shall vote on any matter deciding an application or a request to reconsider unless that member shall have attended the Commission's previous deliberations on such application, or shall otherwise have the approval of the Chairman to vote on such a matter. The Chairman's approval shall be contingent on the assurance by the member that the member has read the application and the minutes of any meeting at which the application was discussed.
Impartiality Required
No Commission member shall, in any manner, discuss any pending application with any parties prior to the Commission's deliberations on such application, except as authorized in writing, in advance, by the Chairman and recorded in the minutes; provided, however, that members may seek and/or receive information pertaining to the application from any other member of the Commission or its staff prior to the hearing. Members of the Commission shall not express individual opinions on the proposed judgement of any application, except in accordance with these rules. Violation of these rules shall be cause for the dismissal from the Commission. Each member of the Commission shall be thoroughly familiar with all statues, laws, ordinances, and rules of procedure relating to the Commission as time and circumstances permit.
Meeting
Regular Meetings
The Regular meeting of the Commission shall be held on the third Tuesday of each month at 6:00 P. M. in the Old Guilford County Courthouse; provides that meetings may be held at some other convenient place if directed by the Chairman in advance of the meeting.
Special Meetings
Special meetings of the Commission may be called any time by the Chairman. At least forty-eight (48) hours notice of the time and place of special meetings shall be given, by the Secretary or by the Chairman, to each member of the Commission and public notice given to news media provides that this requirement may be waived by action of a majority of all members.
Cancellation of Meetings
Whenever there is no business for the Commission, the Chairman may dispense with a regular meeting by giving notice to all the members not less than twenty-four (24) hours prior to the time set for the meeting.
Quorum
A quorum shall consist of six (6) members of the Commission.
Conduct of Meetings
All meetings shall be open to the public. The order of business at regular meetings shall be as follows: (a) roll call; (b) approval of minutes of previous meeting; (c) report of committees; (d) unfinished business; (e) consideration of applications; (f) new business; (g) adjournment.
Application Procedures
Filing of Application
An application must be filed with the Secretary at least ten (10) working days prior to the next meeting of the Commission, accompanied by sketches, drawings, photographs, specifications, descriptions, et cetera of proposed project.
Notice of Neighboring Property
The Secretary shall notify by certified mail, not less than one (1) week prior to the meeting at which the matter is to be heard, the affected property owner and adjacent property owners of record within one-hundred (100) feet on all sides of the subject property.
Review of Sub-Committees
It shall be the policy of the Commission in regard to applications for consideration of Historic Properties for designation, new structures or extensive alterations and/or additions to existing structures that one (1) of three (3) sub-committees of the
Commission shall be available to meet with representatives of the persons or organization involved in the coming application at an early stage in the design process in order to advise them informally concerning the Commission's guidelines, the nature of the area where the proposed construction is to take place, and other relevant factors. These subcommittees collectively and individually, shall refrain from any indication of approval or disapproval, but shall not, for that reason, be barred from any reasonable discussion of the applicant's proposals. No advice or opinion given, or reported as having been given, by any member of the subcommittees at such and informal meeting shall be in any way official or binding upon the Commission at any time.
Public Hearing. In cases where the Commission deems it necessary, it may hold a public hearing concerning and application or other matter properly before it.
Time for Decision - Certificates of Appropriateness
The Commission must issue or deny a certificate of appropriateness within thirty (30) days after the first regularly scheduled meeting of the Commission after the filing of agreement between the applicant and the Commission.
Approved Application - Certificate of Appropriateness
If an application for a certificate of appropriateness is approved, the Secretary for the
Commission shall transmit a certificate of appropriateness in letter form clearly describing the nature of the work which has been approved. The Secretary shall attach a copy of the minutes of the meeting at which approval was granted and a placard form of a certificate of appropriateness to be displayed on the project. A copy of this information shall be filed in the Office of the Register of Deeds, the Office of the City or Town Clerk, the Inspections Department, and notification given to the Tax Supervisor.
Denied Applications - Certificate of Appropriateness
If an application or Certificate of Appropriateness is denied, a copy of the minutes of the meeting and written reasons for denial shall be made available to the applicant.
Consideration of Applications, Designations or Certificates of Appropriateness
Any party may appear in person or by agent or attorney at the meeting. All persons addressing the Commission shall be sworn or affirmed. The order of business for consideration of application, designations, or Certificates of Appropriateness shall be as follows:
(a) The Chairman, or such person as he shall direct, shall give a preliminary statement describing the application;
(b) The Commission shall hear arguments in support of the application:
(c) The Commission shall hear arguments against the application;
(d) Statements or arguments submitted by an official, commission, any state agency, any local historical, preservation or neighborhood association or the Cities of Greensboro or High Point, the Towns of Gibsonville and Jamestown, and the County of Guilford shall be presented as directed by the Chairman;
(e) The Chairman or such person as he may direct may summarize the evidence which has been presented, giving all parties an opportunity to make objections or corrections;
(f) The Commission shall thereafter proceed to deliberate whether to grant the application or to deny it.
The Commission may in its discretion, view the premises and obtain additional facts concerning any application before arriving at a decision. All decisions of the Commission shall be supported by appropriate findings of fact, and where necessary, shall be accompanied by such conditions and/or recommendations as it may determine to be reasonable under the circumstances.
In considering applications, witnesses may be called and factual evidence may be submitted, but the Commission shall not be limited to consideration of such evidence as would be admissible in a court of law.
Reconsideration of Applications or Certificates of Appropriateness Which Have Been Denied
The order of business for reconsideration of applications which previously have been denied shall be as follows:
(a) The Chairman shall entertain a motion from a member of the Commission that applicant be allowed to present evidence in support of the request for reconsideration. Such evidence shall be limited to that which is necessary to enable the Commission to determine whether or not there has been a substantial change in facts, evidence or conditions relating to the application; provided, however, that the applicant shall be given the opportunity to present any other additional supporting evidence, if the Commission decides to reconsider the application.
(b) After receiving the evidence, the Commission shall proceed to deliberate whether or not there has been a substantial change in the facts, evidence or conditions relating to the application which would warrant reconsideration. If the Commission finds that there has been such a change, it shall thereupon treat the request as a new application received at that time.
Modification of Applications
An approved or pending application may be modified by a written request from the applicant to the Commission. Such a request shall include a description of the proposed change and shall be accompanied by elevations, plan or sketches, where necessary. If the Commission finds that the modification constitutes a substantial change which might affect surrounding property owners, it shall request the applicant to notify affected property owners following the same procedures originally followed by the Commission, as set forth in Section 6.2 before taking action on the application. The Commission shall thereupon treat the request in the same manner as any other application as outlined in Section 6.0.
Vote
The vote of a majority of those members present shall be sufficient to decide matters before the Commission, provided a quorum is present.
Appeals
Appeals from decisions of the Commission shall be made pursuant to G.S. Section 160A-399.6 within thirty (30) days after the approval by the Commission of minutes of the meeting containing the decision being appealed.
Amendments
These rules may, within the limits allowed by law, be amended at any time by an affirmative vote of not less than six (6) members of the Commission, provides that such amendment shall have first been presented to the membership in writing at a regular or special meeting preceding the meeting at which the vote is taken.
Guilford County Joint Historic Properties Commission Approved Amendments to the Rules of Procedure the sixteenth (16) day of November, 1999.
Chairman
Guilford County Joint Historic Properties Commission
Adopted by Guilford County Board of Commissioners on June 19, 1980.
Adopted by Gibsonville Board of Alderman on August 19, 1980.
Adopted by High Point City Council August 21, 1980.
Adopted by Greensboro City Council October 6, 1980.
Adopted by Jamestown Town Council on October 21, 1980.
Adopted by Whitsett Town Council on January 12,1999.
Adopted by Oak Ridge Town March 2, 2000.