Unified Development Ordinance, 4th supplement, September 2017

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 11 – 38 Effective Date: September 01, 2013 Supp. No. 2 CHAPTER 11. ​BUILDING AND HOUSING CODE | Article 11.8. ​Demolition by Neglect of Historic Landmarks and Structures Within Historic Overlay Districts Sec. 11.8.3. ​​Safeguards from Undue Economic Hardship 2. If after preliminary investigation the Director determines that the charges in the aggregate do not rise to the applicability of Sec. 11.8.1.A. and Sec. 11.8.1.B. , the Director shall provide written notification to the Historic Development Commission outlining in general terms the reasons for not applying the provisions of this section. The petition shall be returned to the Historic Development Commission. 3. If the investigation discloses a basis for such charges, within 14 additional days the Director shall issue and cause to be served upon the property owners, as may be determined by reasonable diligence, a complaint stating the charges in that respect, including a copy of the petition and this section of the UDO. The complaint shall contain a notice that a hearing will be held before the Director at a place fixed not less than 30 nor more than 45 days after the serving of such complaint; that the property owners shall be given a right to give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Director. The Historic Development Commission shall also be given notice of the hearing. 4. The purpose of the hearing is to receive evidence concerning the charge of deterioration and to ascertain whether the property owner wishes to make a claim of undue economic hardship. D. Action on Petition 1. If after notice and hearing the Director determines that the structure is not undergoing demolition by neglect according to the applicability of Sec. 11.8.1.A. and Sec. 11.8.1.B. as judged by the standards of Sec. 11.8.5. , the Director shall within 30 days of the hearing state in writing the findings of fact for not applying the provisions of this section. The written findings and conclusion shall be sent to the property owners and the Historic Development Commission. The petition shall be returned to the Historic Development Commission. 2. If after notice and hearing the Director determines that the structure is undergoing demolition by neglect because it is deteriorating, or if its condition is contributing to deterioration, according to the applicability of Sec. 11.8.1.A. and Sec. 11.8.1.B. as judged by the standards of Sec. 11.8.5. , the Director shall within 30 days of the hearing state in writing the findings of fact in support of such determination and shall issue and cause to be served upon the property owners an order to repair within a reasonable time specified those elements of the structure that are deteriorating, contributing to deterioration, or deteriorated. A copy of the order shall also be sent to the Historic Development Commission. 3. In the event that the property owners wish to make a claim of undue economic hardship, the Director's order shall be stayed until after the Hardship Review Panel's determination in accordance with the procedures of Sec. 11.8.3. , except as provided in Sec. 11.8.4.B. Sec. 11.8.3. Safeguards from Undue Economic Hardship A. Claim of Undue Economic Hardship 1. When the property owners believe that they will be unable to obtain a reasonable return on or a reasonable beneficial use from the property owing to the effects of this section, written notice of intent to file a claim of Undue Economic Hardship must be sent to the Planning and Development Officer postmarked within 10 days following the hearing on the petition, unless oral notice of intent is made to the Planning and Development Officer during the hearing. The Planning and Development Officer shall notify the Historic Development Commission within 3 days following receipt of a written notice of intent. 2. The Economic Documentation outlined in Sec. 11.8.3.C. shall be provided by the claimant to the Planning and Development Officer within 45 days following the hearing on the petition for transmittal to the Hardship Review Panel. 3. Under this section, the claimant for economic hardship and the Planning and Development Officer, the Historic Development Commission, the Hardship Review Panel, and any interested party shall consult in good faith in a diligent effort to seek an alternative that will result in preservation of the property. Such efforts shall be documented by the claimant and presented at the hearings described i n Sec. 11.8.3.B. B. Hardship Review Panel 1. A Hardship Review Panel shall be established to analyze documentation submitted in support of claims of undue economic hardship. The panel shall prepare a report of its determination whether the evidence supports a conclusion that the property owners will be unable to obtain a reasonable

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