Unified Development Ordinance, 5th supplement, March 2018

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 10 – 50 Effective Date: March 6, 2018 Supp. No. 5 CHAPTER 10. ADMINISTRATION | Article 10.2. Review Procedures Sec. 10.2.15. ​​Certificate of Appropriateness that could impair the integrity of the Landmark property or the Historic Overlay District as a whole. Minor works are limited to those listed in the “Bylaws and Rules of Procedure” of the Historic Development Commission. b. Procedure i. Applications for minor works shall be reviewed by the Planning and Development Officer according to the applicable historic development standards. ii. A report describing all certificates of appropriateness for minor works shall be forwarded to the Historic Development Commission, for its information, at its next regularly scheduled meeting. iii. Failure to approve the requested minor work by the Planning and Development Officer shall in no way interfere with the applicant’s right to be heard by the Historic Development Commission—no application for a certificate of appropriateness may be denied without formal action by the Historic Development Commission. iv. Appeals of administrative decisions to approval a MinorWork are heard by the Historic Development Commission. Notice of appeal shall be filed with the City Planning Department within 30 days after the date the application for MinorWorks was affirmatively decided. An appeal stays all work on the approved MinorWork during the review period of the Historic Development Commission. 3. Notice a. Whenever a hearing on the application is to be heard by the Commission, Planning and Development shall make a reasonable attempt to identify and notify by mail the owners of property within 100 feet on all sides of the property that is the subject of the pending application. b. Mailed notices are for the convenience of the property owners and occupants and any defect or their omission shall not impair the validity of issuing a certificate of appropriateness or any following action. 4. Hearing a. Planning and Development shall transmit the application for a certificate of appropriateness, together with the supporting material, to the review body for its consideration. b. Prior to the issuance or denial of a certificate of appropriateness by the Commission, the applicant and persons meeting the criteria of G.S. 160- A-393 shall be given the opportunity to be heard at the hearing. c. All meetings of the Historic Development Commission shall be open to the public in accordance with the North Carolina open meetings law, N.C. Gen. Stat. Chapter 143, Article 33B. d. Interior arrangement shall not be considered by the review body and no certificate of appropriateness is required for interior repairs or renovations, except for designated interior features of Historic Landmarks as allowed in Sec. 10.2.16.D.2. e. The review body shall not refuse to issue a certificate of appropriateness except for the purpose of preventing the construction, reconstruction, alteration, restoration, moving or demolition of buildings, structures, appurtenant features, outdoor advertising signs or other significant features in the –HOD-G, -HOD-S or for Historic Landmarks, which would be incongruous with the special character of the district or Landmark. f. The Commission shall render its decision in written form, including its reasons for issuing or denying the certificate and a summary of any citation to the evidence, testimony, studies or other authority upon which it based its decision. g. Without objection from any interested parties, the Historic Development Commission may hold summary proceedings on Certificates of Appropriateness. Such proceedings shall be a public meeting and the Commission’s decision shall be rendered in written form. h. In all proceedings or public hearings before the Historic Development Commission with regard to an application for a certificate of appropriateness, the burden of producing substantial evidence or testimony is upon the applicant and if the applicant fails to do so, the Commission shall deny the certificate. i. Notwithstanding any other provisions of this UDO, the Historic Development Commission may require additional evidence or