Unified Development Ordinance, 5th supplement, March 2018

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 11 – 42 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. 11.8.5. ​​Standards Sec. 11.8.5. Standards A. Determination of Demolition by Neglect The property owners shall, upon written request by the City, repair such exterior features if they are found to be deteriorating, or if their condition is contributing to deterioration, including but not limited to any of the following defects: 1. Deterioration of exterior walls, foundations, or other vertical support that causes leaning, sagging, splitting, listing, or buckling. 2. Deterioration of flooring or floor supports, roofs, or other horizontal members that causes leaning, sagging, splitting, listing, or buckling. 3. Deterioration of external chimneys that causes leaning, sagging, splitting, listing, or buckling. 4. Deterioration or crumbling of exterior plasters or mortars. 5. Ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors. 6. Defective protection or lack of weather protection for exterior wall and roof coverings, including lack of paint, or weathering due to lack of paint or other protective covering. 7. Rotting, holes, and other forms of decay. 8. Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, entablatures, wall facings, and architectural details that causes delamination, instability, loss of shape and form, or crumbling. 9. Heaving, subsidence, or cracking of sidewalks, steps, or pathways. 10. Deterioration of fences, gates, and accessory structures. 11. Deterioration that has a detrimental effect upon the special character of the district as a whole or the unique attributes and character of the Historic Landmark. 12. Deterioration of any exterior feature so as to create or permit the creation of any hazardous or unsafe conditions to life, health, or other property. B. Determination of Undue Economic Hardship 1. The determination of undue economic hardship is based solely on the characteristics of the property, independent of the owner or ownership. 2. When a claim of undue economic hardship is made, the burden of proof is upon the owner and/or parties in interest to demonstrate that: a. The hardship is not of their own making; and b. The property is incapable of providing a reasonable return on investment, regardless of whether that return represents the most profitable return possible, or the property is incapable of providing a reasonably beneficial use; and c. The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return or beneficial use; and d. Efforts to find a purchaser interested in acquiring the property and preserving it have failed.