Unified Development Ordinance, 5th supplement, March 2018
Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 11 – 41 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. 11.8.4. Appeals 3. In the event of a determination that undue economic hardship would result from an order to repair, the Historic Development Commission shall within 60 days of its receipt of the report prepare a Plan for Relief of Economic Hardship. 4. Should the Historic Development Commission fail to act within 60 days of its receipt of the report, the Planning and Development Officer shall rescind the order for repair and return the petition to the Historic Development Commission. E. Plan for Relief of Economic Hardship 1. In the event of a determination of undue economic hardship, the Historic Development Commission shall develop a plan to relieve the economic hardship. This plan may include, but is not limited to, a. Capital expenditure by the property owner, b. Property tax relief as may be allowed under North Carolina law, c. Loans or grants from the City, the County, or other public, private, or nonprofit sources, d. Acquisition by purchase or eminent domain, e. Building code modifications, f. Changes in applicable zoning regulations, or g. Relaxation of the provisions of this section sufficient to mitigate the undue economic hardship. 2. The Commission shall give precedence to recommendations for relief of hardship contained in the report of the Hardship Review Panel, if any; the plan should include the Commission’s rationale for not incorporating any Panel recommendations into the Commission’s plan. The plan should also include a statement documenting good faith consultation as outlined in Sec. 11.8.3.A.3. 3. The Commission’s plan shall utilize the Hardship Review Panel’s estimation of monetary value of capital expenditure outlined in Sec. 11.8.3.B.5.e. (if any) as a budget figure to recommend prioritized repairs that shall to the greatest extent possible stabilize the effects of deterioration upon the property. 4. The Commission shall report its plan to the Planning and Development Officer. The Planning and Development Officer shall provide notice that a hearing will be held before the Director at a place fixed not less than 10 nor more than 25 days after the report is received; that the property owners, the Historic Development Commission, and the Hardship Review Panel shall be given a right to give testimony; 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 and Hardship Review Panel shall also be given notice of the hearing. 5. Following the hearing, Planning and Development Officer shall either approve the Plan or refer it to the Historic Development Commission for amendment. Referrals for amendment shall specify items to be amended. The amended report shall be returned to the Planning and Development Officer by the Historic Development Commission within 15 days. Upon receipt of the approved or amended Plan, the Planning and Development Officer shall cause to be re-issued the stayed order for such property to be repaired within the time specified, and according to the provisions of the approved plan. Sec. 11.8.4. Appeals A. Determination of Demolition by Neglect Determinations made by the Planning and Development Officer may be appealed to the Board of Adjustment. To perfect such an appeal, application must be filed by an aggrieved party with the Board of Adjustment within 10 days following receipt of the order for repair of the property. Appeals shall be in the nature of certiorari. B. Determination of Undue Economic Hardship Determinations made by the Hardship Review Panel and the Plan for Relief of Economic Hardship prepared by the Historic Development Commission may be appealed to the Board of Adjustment. To perfect such an appeal, application must be filed by an aggrieved party with the Board of Adjustment within 10 days following receipt of the determination or the order for repair of the property. Appeals shall be in the nature of certiorari.