Historic Preservation Commission
Rules of Procedure

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Rules of Procedure
  1. General Rules
    1. The Historic Preservation Commission shall be governed by the terms of Article 19 of Chapter 160A of the North Carolina General Statutes (NCGS 160A-400.1 to 400.14).  All members of the board shall familiarize themselves with these laws.
  2. Powers and Duties of Historic Preservation Commission
    1. The Historic Preservation Commission may:
      1. Conduct and maintain an inventory of properties of historical, archaeological, architectural, and/or cultural interest;
      2. Recommend to the Board of Commissioners that individual buildings, structures, sites, area, or object within its zoning jurisdiction be designated as “historic landmarks;”
      3. Review and act on proposals for exterior alteration, relocation, or demolition of designated historic landmarks;
      4. Review and decide applications for certificate of appropriateness;
      5. Conduct educational programs pertaining to historic landmarks or resources;
      6. Undertake any matter or action as set forth in the Unified Development Ordinance and in the North Carolina General Statutes; and
      7. Perform any other duties assigned by the Board of Commissioners.
    2. The Historic Preservation Commission may adopt rules and regulations governing its procedures and operations not inconsistent with the provisions of this ordinance.
  3. Appointment and Terms of Historic Preservation Commission Members
    1. There shall be a Historic Preservation Commission consisting of five (5) members that shall reside within the county, which is appointed by the Board of Commissioners.
    2. Members of the commission shall have demonstrated education, experience, special interest, or a combination thereof, in historic preservation, history, architecture, architectural history, archaeology, cultural anthropology, planning, or related field.
    3. Historic preservation commission members shall be appointed for four (4) year staggered terms, but members may continue to serve until their successors have been appointed.  Terms shall be on a calendar year basis (January 1 through December 31).  Vacancies shall be filled by the Board of Commissioners for the unexpired terms only.
      1. Initially appointed terms shall be staggered so that one member serves a two year term, two members serve a three year term and two members serve a four year term.
    4. Members may be appointed to a maximum of two (2) successive terms.
    5. Historic preservation commission members may be removed by the Board of Commissioners at any time for failure to attend three (3) consecutive meetings or for failure to attend thirty percent (30%) or more of the meetings within any twelve (12) month period or for any other good cause related to performance of duties.  Upon request of the member proposed for removal, the Board of Commissioners shall hold a hearing on the removal before it becomes effective.
    6. If a historic preservation commission member changes his or her residence to a location outside the county that shall constitute a resignation from the Historic Preservation Commission, effective upon the date a replacement is appointed by the commission.
  4. Meeting of the Historic Preservation Commission
    1. The Historic Preservation Commission shall establish a regular meeting schedule and shall meet frequently enough so that it can take action in conformity with the Unified Development Ordinance.  Regular meetings of the commission shall be held monthly as necessary at the Historic Currituck Courthouse on the fourth Tuesday of the month at 5:30 p.m.  In the event of a conflict with a holiday, another event or no business to be conducted, the chairman may suspend or set a different day in which to hold the meeting.
    2. Special meetings of the commission may be called by the chairman at any time.  At least 48 hours written notice of the time and the place of the meeting shall be given, by the clerk to the commission or the chairman, to each member of the commission.
    3. Minutes and records shall be kept of all commission proceedings.
    4.  All commission meetings shall be open to the public and conducted in accordance with North Carolina Open Meetings Law, Article 33c of Chapter 143 of the North Carolina General Statutes (NCGS 143-318.9 to 318.18).  The order of business for regular meetings of the commission shall be as follows:
      1. Call to order
      2. Ask for disqualifications
      3. Announce quorum being met
      4. Approval of minutes
      5. Unfinished business
      6. Consideration of applications for certificates of appropriateness
      7. New business
      8. Announcements
      9. Public comment
      10. Adjournment
  5. Historic Preservation Commission Officers
    1. At its first meeting in January of each year, the Historic Preservation Commission shall elect one of its members to serve as chairman and preside over the commission’s meetings and one member to serve as vice chairman.  The persons so designated shall serve in these capacities for terms of one (1) year. Vacancies in these offices may be filled for the unexpired terms only.  Election of officers shall occur as the last item of business before adjournment of the January meeting.
      1. The chairman shall preside at all meetings, appoint standing and temporary committees and shall decide all points of order and procedure, unless otherwise directed by a majority of the commission in session at the time.
      2. The vice chairman shall perform the duties of the chairman in the absence of the chairman.
      3. A temporary chairman shall be elected by a majority of those present and voting in the absence of the chairman and vice chairman.
    2. The chairman and vice-chairman may take part in all deliberations and vote on all issues.
    3. Nominations shall be made from the floor and election of officers shall follow immediately.  Officers shall immediately take office upon their election.
    4. The nomination and election of a chairman shall precede the nomination and election of a vice chairman.
    5. A candidate receiving a majority vote of those present and voting shall be declared elected.
    6. Vacancies in office shall be filled immediately by regular election procedures.
    7. A secretary shall be appointed by the chairman of the Historic Preservation Commission. The secretary shall keep a record of all business transacted at any meeting of commission.  The minutes of the Historic Preservation Commission shall be public record and maintained on the county’s website.
  6. Quorum and Voting
    1. A quorum for the Historic Preservation Commission shall consist of three (3) members.  A quorum is necessary for the commission to take official action.
    2. All actions of the Historic Preservation Commission shall be taken by majority vote, a quorum being present.
    3. A roll call vote shall be taken upon the request of any member.
    4. No member shall take part in the hearing or in the consideration of or the determination of any case in which they are personally or financially involved and shall voluntarily excuse him or herself, vacate his/her seat and refrain from discussing and voting on said items as a historic preservation commission member.
    5. Any member of the Historic Preservation Commission who shall feel that he or she has a conflict of interest on any matter that is on the commission agenda shall voluntarily excuse him or herself, vacate his/her seat and refrain from discussing and voting on said items as a commission member.
    6. No member, present and voting, shall abstain from voting.  Should a member elect not to vote on a particular item, then that shall be recorded as an affirmative vote in the minutes.
    7. If a motion to approve a request receives a tied vote, then the motion fails as it did not receive the majority of the votes and the request is denied.  Likewise, if a motion to deny a request receives a tied vote, then the request is denied as it did not receive approval by a majority vote.
  7. Hearings
    1. Certificate of appropriateness applications received prior to the cutoff date for the next regularly scheduled commission meeting shall be heard during said meeting.  If deemed necessary and required notification given, a special meeting may be called by the chairman.
    2. The commission shall give public notification of hearings as required by North Carolina General Statutes.
    3. Any person filing an application to be heard by the commission shall be required to attend the hearing or have an agent or attorney appear on his behalf.
    4. The commission shall conduct hearings in accordance with the standard public hearing procedures required by North Carolina General Statutes.
    5. Action shall be taken as promptly as possible in consideration of the interests of the applicant, the citizens of the county, and shall include a decision of approval, approval with conditions, disapproval, or other appropriate action.
    6. The final disposition of the application shall be recorded in the minutes of the commission and signed by the clerk.  Such record shall show the reasons for the decision with a summary of the evidence introduced and the findings of fact made by the commission.  Written notification of the final disposition of an application shall also be mailed to the applicant as soon as practicable after the application has been decided.
  8. Certificate of Appropriateness
    1. Following the designation of a historic landmark, no construction, alteration, reparation, relocation, or demolition of any building, structure, site, area, or object shall be performed upon such landmark until a certificate of appropriateness (COA) has been granted.  A certificate shall also be required for any and all exterior work, including masonry walls, fences, light fixtures, steps and pavement, any other appurtenant features, and any above ground utility structures, and any type of outdoor advertising sign.  Exterior work items are divided into three categories:
      1. Routine Maintenance does not require a certificate of appropriateness because no irreversible or significant change is made to the landmark.  Examples of routine maintenance include: painting using the same colors or a shade variation of the same color; replacing broken window glass; caulking and weather-stripping; installation of window air conditioners in the rear or side of the building; replacement of missing or deteriorated siding, trim, roof shingles, roofing materials, porch flooring, steps, etc., as along as replacement materials match the existing; installation of gutters or downspouts that are made of copper or painted to match building trim color; repairs to impervious surfaces, fencing, and walls with matching materials; installation of floodlights or entrance door lights; minor landscaping; temporary signs; interior work with no exterior changes.
      2. Minor Works require a certificate of appropriateness; however, this work can be approved on behalf of the Historic Preservation Commission by the Planning Director.  Examples of minor works include: painting previously painted surfaces with an appropriate change of colors; installation of storm windows and doors which match the structure; installation of mechanical equipment; re-roofing with material of a different color than the existing color; installation of foundation vents and foundation access doors; installation of soffit vents, roof vents, and gable end vents; installation of exterior lighting fixtures; installation of temporary structures for handicapped access; removal of deteriorated accessory buildings which are not original to the site; upgrading utilities to bring them up to code; major landscaping projects; removal of dead or storm-damaged trees; installation of historic identification signs or other appropriate advertising signs.  No application for minor works shall be denied without deliberation by the Historic Preservation Commission.
      3. Major Works require a certificate of appropriateness be approved by the Historic Preservation Commission.  Examples of major works include: painting of previously unpainted surfaces; new exterior construction or additions to buildings; demolition of any part of a primary structure; moving of structures on, off, or within a property; change or addition of architectural details when there is a change in design or material from the original; resurfacing buildings with new materials; replacement or change of windows, sashes, shutters, or doors with materials different from existing; re-roofing with different material; installation of permanent structures for handicapped access; addition of new accessory buildings; construction of driveways, parking areas, sidewalks, utilities, fencing, or walls; tree removal except those that are dead or storm-damaged; any item not listed as routine maintenance or minor works as determined by the Planning Director.
    2. An appeal of an action of the Historic Preservation Commission may be taken to the Board of Adjustment within 30 days of the commission’s decision.
  9. Reporting
    1. The commission shall annually present to the Currituck County Board of Commissioners a report of its activities, budget, findings, recommendations, and actions, which shall be made available to the public.
  10. Amendments
    1. These rules of procedure may be amended by a majority vote of the commission provided that the proposed change shall have been submitted in writing at the previous regular meeting of the commission.