Unified Development Ordinance, 31st Supplement, May 2024

Article 11.9. Nonresidential Building or Structure Code | CHAPTER 11. ​BUILDING AND HOUSING CODE

Article 11.9. Nonresidential Building or Structure Code Sec. 11.9.1. Title This Article shall be known and may be cited and referred to as the "Nonresidential In order to protect the health, safety and welfare of the City and its citizens, it is the purpose of this Article to establish minimum standards of maintenance, sanitation, and safety relating to nonresidential buildings or structures, as expressly authorized by North Carolina General Statute §160D-1129. This Article provides for the repair, closing or demolition of nonresidential buildings or structures as a result of a public necessity caused by conditions that are dangerous to the public health, safety and welfare. Sec. 11.9.3. Definitions The following definitions shall apply in the interpretation and enforcement of this Article: A. "Basic structural elements" means the parts of a building which provide the principal strength, stability, integrity, shape and safety of the building, including, but not limited to plates, studs, joists, rafters, stringers, stairs, sub-flooring, flooring, sheathing, lathing, roofing, siding, window frames, door frames, porches, railings, eaves, chimneys, flashing, masonry and all other essential components. B. "Nonresidential" means any building or structure or portion of a building or structure occupied or intended to be occupied, in whole or in part, for a use other than a dwelling, home, residing place, living space or sleeping space for one or more human beings, either permanently or transiently. C. "Operator" shall mean any person who has charge, care, or control of a nonresidential building or structure, or part thereof. D. "Parties in interest" means all individuals, associations, and corporations who have interests of record in a nonresidential building or structure and any who are in possession thereof. Building or Structure Code". Sec. 11.9.2. Purpose

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.

11 – 41 Published May 2024

Part 10: Unified Development Ordinance City of Raleigh, North Carolina

Supp. No. 31