120
the date the application for a certificate of appropriateness is filed, as defined by the regulation or the commission’s rules of procedure. As part of its review procedure, the commission may view the premises and seek the advice of the Division of Archives and History or such other expert advice as it may deem necessary under the circumstances. (e) Appeals . (1) Appeals of administrative decisions allowed by regulation may be made to the commission. (2) All decisions of the commission in granting or denying a certificate of appropriateness may, if so provided in the regulation, be appealed to the board of adjustment in the nature of certiorari within times prescribed for appeals of administrative decisions in G.S. 160D-405(c). To the extent applicable, the provisions of G.S. 160D-1402 shall apply to appeals in the nature of certiorari to the board of adjustment. (3) Appeals from the board of adjustment may be made pursuant to G.S. 160D- 1402. (4) If the regulation does not provide for an appeal to the board of adjustment, appeals of decisions on certificates of appropriateness may be made to the superior court as provided in G.S. 160D-1402. (5) Petitions for judicial review shall be taken within times prescribed for appeal of quasi-judicial decisions in G.S. 160D-1404. Appeals in any such case shall be heard by the superior court of the county in which the local government is located. (f) Public Buildings . All of the provisions of this Part are hereby made applicable to construction, alteration, moving, and demolition by the State of North Carolina, its political subdivisions, agencies, and instrumentalities, provided, however, they shall not apply to interiors of buildings or structures owned by the State of North Carolina. The State and its agencies shall have a right of appeal to the North Carolina Historical Commission or any successor agency assuming its responsibilities under G.S. 121-12(a) from any decision of a local preservation commission. The North Carolina Historical Commission shall render its decision within 30 days from the date that the notice of appeal by the State is received by it. The current edition of the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings shall be the sole principles and guidelines used in reviewing applications of the State for certificates of appropriateness. The decision of the North Carolina Historical Commission shall be final and binding upon both the State and the preservation commission. (2019-111, s. 2.4.) § 160D-948. Certain changes not prohibited. Nothing in this Part shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in a historic district or of a landmark that does not involve a change in design, material, or appearance thereof, nor to prevent the construction, reconstruc- tion, alteration, restoration, moving, or demolition of any such feature which the building
Made with FlippingBook - professional solution for displaying marketing and sales documents online