Unified Development Ordinance, 4th supplement, September 2017

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 11 – 39 Effective Date: September 01, 2013 Supp. No. 2 Article 11.8. ​​Demolition by Neglect of Historic Landmarks and Structures Within Historic Overlay Districts | CHAPTER 11. ​BUILDING AND HOUSING CODE Sec. 11.8.3. ​​Safeguards from Undue Economic Hardship return on or a reasonable beneficial use from the property owing to the effects of this section. If in the panel’s opinion a hardship exists, the report may also offer recommendations for relief of the economic hardship. 2. The Planning and Development Officer shall coordinate the selection of an ad hoc review panel. The panel shall be comprised of real estate and redevelopment experts knowledgeable in real estate economics in general, and more specifically, in the economics of renovation, redevelopment and other aspects of rehabilitation. 3. The panel shall consist of 3 persons. Two of the persons shall be selected within 30 days of the hearing on the petition – one by the Historic Development Commission and one by the claimant. The third person shall be selected by the first 2 appointees. The City and the claimant shall bear the cost of their respective selectees and shall split the cost of the third person. If the first 2 appointees cannot agree on a third person within 45 days of the date of the hearing on the petition, the third appointee shall be selected by the Planning and Development Officer within 5 days after the expiration of the 45-day period. Members of the review panel may not be: a. A person with financial interest in the property; b. An employee of or paid consultant to the claimant, the City, or the Historic Development Commission; or c. A person that has generated or been involved with any of the economic documentation outlined in Sec. 11.8.3.C. 4. The Planning and Development Officer shall provide the Hardship Review Panel with the Economic Documentation provided by the claimant within 5 days of the panel’s formation or when the documentation is received, whichever occurs later. 5. Within 90 days of the hearing on the petition for Demolition by Neglect, the Hardship Review Panel shall review the Economic Documentation, hold a hardship hearing, and forward its findings and determination to the Planning and Development Officer. a. The Planning and Development Officer shall provide notice that a hardship hearing will be held before the panel at a place fixed not less than 30 nor more than 45 days after the panel is formed; 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 Hardship Review Panel. The Historic Development Commission shall also be given notice of the hearing. b. The panel shall hold its initial meeting to review the claimant’s submitted Economic Documentation within 10 days of when the panel is formed. The panel may at any time request any additional information as set forth in Sec. 11.8.3.C. c. The purpose of the hardship hearing is to review the claimant’s submitted Economic Documentation, receive additional evidence concerning the claim of undue economic hardship, and to ascertain whether additional economic documentation is required. d. Following the Hardship Review Panel’s hearing on the claim, the panel shall consider all information received and cause to be made a determination of undue or no undue economic hardship. The panel shall prepare a written report of its determination that shall include findings of fact for such determination. e. If in the panel’s opinion a hardship exists, the panel’s report shall establish a monetary value of capital expenditure on the property that the panel believes would yield a return on the investment without economic hardship. If the panel believes the property cannot support any capital expenditure, it shall so state. The panel may also offer recommendations for relief of the economic hardship. 6. The determination of the Hardship Review Panel shall be final, subject to appeal as noted in Sec. 11.8.4.B. C. Economic Documentation 1. When a claim of undue economic hardship is made owing to the effects of this Article, the property owners must provide evidence describing the circumstances of hardship. The minimum evidence provided by the property owners shall include for all property: a. The property owner's knowledge of the landmark or historic overlay designation at the time of acquisition, or whether the property was designated subsequent to acquisition;

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