Historic Preservation Commission Rules

Adopted:   March, 1992
Amended:   March, 1999
Amended:   January, 2000
Amended: September , 2000
Amended: November, 2000
Amended: February, 2001
Amended:   August 9, 2001

1.0 PURPOSE

 To establish procedures for organizing the business of the High Point Historic Preservation Commission, hereafter termed "Commission", and processing applications for Certificates of Appropriateness for (1) any changes in the external appearance of existing structures and appurtenant features;  (2) design of new structures; and (3) for demolition of existing structures within the historic district.

2.0 GENERAL RULES

 The Commission shall be governed by the terms of the Historic District Ordinance as contained in the Development Ordinance and by the terms of N. C. GS 160A-400.1 through 160A-400.14 as they may be amended or revised.  For procedures not covered by these rules, the Commission shall follow the rules contained in the current edition of Roberts' Rules of Order.

3.0 JURISDICTION

 The Commission's jurisdiction for requiring Certificates of Appropriateness as mandated by the Development Ordinance of the City of High Point is delineated on the official zoning map.

4.0 MEMBERS, OFFICERS AND DUTIES

 The Commission shall be composed of nine (9) to eleven (11) members, whose terms of office are set by High Point City Council.

4.1 Chairman. A chairman shall be elected by the members of the Historic Preservation Commission. The chairman shall decide all points of order and procedure, subject to these rules, unless directed otherwise by a majority of the Commission in session at the time. The chairman shall appoint any committees found necessary to investigate any matters before the Commission.

4.2 Vice Chairman.  A vice-chairman shall be elected by the Commission from among its members in the same manner as the chairman.  The vice-chairman shall serve as acting chairman in the absence of the chairman, and at such times shall have the same powers and duties as the chairman.

Secretary.  The secretary, subject to the direction of the chairman of the Commission, shall appoint staff to keep all records, conduct all correspondence of the Commission, and generally supervise the clerical work of the Commission.

4.4 Elections. : Annually, at the first regular meeting in the month of July, the Commission shall elect a Chair , Vice-Chair and Secretary. If such a regular meeting is canceled or a quorum lacking, then the election shall be held within 36 days thereafter at a regular or special meeting.

4.5 Attendance at Meetings.  It shall be the duty of all Historic Preservation Commission members to inform the Planning and Development Department of any anticipated absence and notification shall be immediately after receipt of the agenda. A regular member who misses three (3) consecutive regular meetings or 33% or more of the regular meetings in a calendar year loses his status as a voting member of the Commission until reinstated or replaced by the City Council. Absences due to sickness, death or other emergencies of like nature shall be regarded as approved absences and shall not affect the member's status on the Commission; except, that in the event of a long illness or other such case for prolonged absence the member may be replaced.

4.6 Applications Involving Member.  No Commission member shall take part in the hearing, consideration or determination of any case in which he/she is a party or has a financial interest.

4.7 Qualification to Vote.  No Commission member shall vote on any matter deciding an application or 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 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 meetings at which the application was discussed.

4.8 Impartiality Required.  No Commission member shall, in any manner, discuss any application with any parties prior to the Commission's deliberations on such application, except as authorized in advance by the Chairman; 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 judgment of any application with any persons prior to the determination of that application, except in accordance with these rules.  Violation of this rule shall be cause for dismissal from the Commission.

4.9 Each member of the Commission shall be thoroughly familiar with all statutes, laws, ordinances and rules of procedure relating to the district and the Commission as time and circumstances permit.

5.0 MEETINGS

5.1 Regular Meetings.  Regular meetings of the Commission shall be held on the second Thursday of each month at 5:30 p.m. in the Municipal Building; meetings may be held at some other convenient place if directed by the Chairman in advance of the meeting.

5.2 Special Meetings. Special meetings of the Commission may be called at any time by the Chairman. At least forty-eight 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; provided, that this requirement may be waived by action of a majority of all the members.

5.3 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 hours prior to the time set for the meeting.

5.4 Quorum.  A quorum shall consist of a majority of members of the Commission.

5.5 Conduct of Meetings. All meetings shall be open to the public.  The order of business at regular meetings shall be as follows:  (1) determination of quorum; (2) Call to order; (3) approval of minutes of previous meeting; (4) consideration of applications; (5) report of committees and subcommittees; (6) old business; (7) new business; (8) adjournment.

6.0 APPLICATION OF PROCEDURES

6.1 Filing of Application.  A complete application must be filed with the Secretary the first Monday of the month or 17 days prior to date of the next scheduled meeting of the Commission, accompanied by sketches, drawings, photographs, specifications, descriptions, etc. of the proposed project.

6.2 Notice to Neighboring Property.  The Department of Planning and Development shall notify by mail, the affected property owners within 100 feet on all sides of the subject property.

6.3 Review Subcommittee.  It shall be the policy of the Commission in regard to applications involving new structures or extensive alterations and/or additions to existing structures that a subcommittee of the Commission shall be available to meet with representatives of the persons or organization involved in the coming application at some 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. This subcommittee collectively and individually, shall refrain from any indication of approval or disapproval, but shall not, for that reason, be barred from a reasonable discussion of the applicant's proposals. No advice or opinion given, or reported as having been given, by any member of the subcommittee at such an informal meeting shall be in any way official or binding upon the Historic Preservation Commission at any time. Notice of the need for such a conference should be given future applicants by the city at the earliest appropriate time.

6.4 Public Hearings.  In cases where the Commission deems it necessary, it may hold a public hearing concerning the application.

6.5 Time for Decision.  The Commission must issue or deny a Certificate of Appropriateness within sixty (60) days after the filing of the application, except when the time limit has been extended by mutual agreement between the applicant and the Commission.

6.6 Approved Application.  If the application 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. A placard form of a Certificate of Appropriateness is to be displayed on the project.  A copy of this information shall be forwarded to the Inspections Department which is responsible for its enforcement.

6.7 Denied Applications.  If an application is denied, a certificate of denial with written reasons for denial shall be made available to the applicant.

7.0 CONSIDERATION OF APPLICATIONS

 Any party may appear in person or by agent or attorney at the meeting.  All persons presenting evidence to the Commission shall be sworn.  The order of business for consideration of applications for Certificate of Appropriateness shall be as follows:

(a) The Chairman or such persons as he shall direct, shall give a preliminary statement describing the application;

 (b) The applicant shall present the arguments in support of the application.

(c) Persons opposed to granting the application shall present the arguments against the application;

(d) Statements or arguments submitted by any official, Commission, or Department of the City of High Point, any state agency, or any local historical, preservation or neighborhood association shall be presented as directed by the Chairman;

(e) 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.

8.0 RECONSIDERATION OF APPLICATIONS WHICH HAVE BEEN DENIED

 The order of business for reconsideration of applications for Certificates of Appropriateness which previously have been denied shall be as follows:

(a) The Chairman shall entertain a motion from a member of the Commission that the 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 the 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 his 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.

9.0 MODIFICATIONS OF APPLICATIONS

 An approved or pending application for a Certificate of Appropriateness 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, plans 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 procedures set out in Section 6.2 before taking action on the modification.  The Commission shall thereupon treat the request in the same manner as any other application as outlined in Section 6.0.

10.0 VOTE

 The vote of a majority of those members present shall be sufficient to decide matters before the Commission, provided a quorum is present.

11.0 APPEALS

 Appeals for decisions of the Commission shall be made to the Board of Adjustment within ten (10) days of the decision by the Commission, and shall be in the nature of certiorari.

12.0 AMENDMENTS

 These rules may, within the limits allowed by law, be amended at any time by an affirmative vote of not less than five (5) members of the Commission, provided 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.

Approved by the Commission the 12th day of March 1992.

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         Chairman