Unified Development Ordinance, 32nd Supplement, July 2024

Article 11.8. ​Demolition by Neglect of Historic Landmarks and Structures Within Historic Overlay Districts | CHAPTER 11. ​BUILDING AND HOUSING CODE

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 City. The City 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, City 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

q. An analysis of common costs expended in both rehabilitation and comparable new construction immaterial to which type of project is undertaken; r. Economic incentives and/or funding available to the applicant through federal, state, city, or private programs. 2. The review panel may receive and consider studies and economic analyses from other city agencies and from private organizations relating to the property in question. 3. The review panel may require that the property owners furnish such additional information that is relevant to its determination of undue economic hardship. The review panel may request the City to furnish additional information as it believes is relevant. The review panel shall also state which forms of financial proof it deems relevant and necessary to a particular case. 4. In the event that any of the required information is not reasonably available to the property owners or the City and cannot be obtained by the owner or the City, the owner or City shall describe the reasons why such information cannot be obtained. D. Action on Hardship Review Panel’s Determination 1. The City shall provide a copy of the Hardship Panel’s report to the property owner and to the Historic Development Commission. 2. In the event of a determination of no undue economic hardship, the City shall cause to be re-issued the stayed order for such property to be repaired within the time specified. 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 City shall rescind the order for repair and return the petition to the Historic Development Commission.

11 – 39 Published July 2024

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

Supp. No. 32