AGENDA #1
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Public Hearing: Land Use Management Ordinance Text Amendment – Demolition by Neglect in Historic Districts
DATE: February 20, 2006
PURPOSE
This Public Hearing has been called to consider an application for a text amendment to the Land Use Management Ordinance regarding enactment of demolition by neglect regulations intended to help avoid the deterioration of historic buildings.
The attached Ordinance would establish demolition by neglect provisions in the historic districts.
BACKGROUND
On January 19, 2005, the Council held a Public Hearing to consider proposed text amendments that would require that buildings located in the Town’s Historic Districts be maintained to a certain standard to prevent their deterioration. A copy of the January 19, 2005 Memorandum is attached.
On February 14, 2005, the Council referred the proposed amendments back to the Historic District Commission and to the staff to review similar ordinances from Fayetteville, Greensboro, Hillsborough, and Raleigh and incorporate some of the language regarding safeguards from undue economic hardship from those ordinances.
On May 12, 2005, the Historic District Commission recommended revisions to the previously recommended ordinance which included addition of a new section regarding safeguards from undue economic hardship. On November 11, 2005, the Historic District Commission considered minor adjustments. The Commission continued to support the May 12, 2005 proposal.
In January and February of 2006, both the Historic District Commission and the Planning Board considered revisions prepared by the staff to the proposed ordinance, and tonight we return with a recommendation.
The draft ordinance would authorize the Town to require maintenance of deteriorating structures in Historic Districts, unless a permit were to be obtained to demolish such structures.
Presently, the Town’s Land Use Management Ordinance includes regulations on the demolition of structures in the Town’s Historic Districts. In those districts, in order to demolish a structure it is necessary to receive a Certificate of Appropriateness from the Historic District Commission.
Except for structures determined by the State to have “statewide significance,” certificates to allow demolition cannot be denied (N.C.G.S. Sec. 160A-400.14 (a)). However the issuance of such a certificate can be delayed by the Commission for up to one year. The purpose of this authority to delay demolition is, in part, to allow the opportunity for other options to be considered that may allow for the preservation of a particular structure.
Under the Historic District regulations, structures that are in an unsafe or dangerous condition, as determined by the Building Inspector, may be exempted from the need for such a Certificate.
There is no provision in the Town’s current Historic District Ordinances that would require an owner of a structure in a Historic District to maintain a structure so as to prevent it from reaching the condition where demolition is deemed economically feasible or necessary.
An ordinance to prevent demolition by neglect within established historic districts is authorized by State Law. N.C.G.S. Sec. 160A-400.14 (b) provides:
b)
The governing board of any municipality may enact an ordinance to prevent the
demolition by neglect of any designated landmark or any building or structure
within an established historic district. Such ordinance shall provide appropriate
safeguards to protect property owners from undue economic hardship.
Enactment of a demolition by neglect ordinance would not override other provisions of the Land Use Management Ordinance pertaining to Certificates of Appropriateness for demolition referred to above.
CHANGES SINCE THE 2005 PUBLIC HEARING
Since the January 19, 2005 Public Hearing, the Historic District Commission, Planning Board and the staff have endorsed changes to the proposed regulations that:
JURISDICTIONS WITH SIMILAR ORDINANCE
Fayetteville, Greensboro, Hillsborough, and Raleigh have enacted similar ordinances regarding prevention of demolition by neglect. We contacted staff from Fayetteville, Greensboro, Hillsborough, and Raleigh regarding efforts to protect the financial privacy of historic property owners claiming economic hardship under a demolition by neglect ordinance, following questions raised by the Planning Board. Each city has an ordinance which contains similar wording; each requires that the property owner and/or parties in interest provide financial information to the Historic District Commission, including cost of repairs and assessed value of land and improvements.
Three of the jurisdictions have had no claims of economic hardship since the enactment of the ordinances. Fayetteville has had a few claims of economic hardship. In the Fayetteville cases, we understand that detailed financial information was provided and available to the public upon request. We do not believe that the financial information provided to the Historic District Commission can be protected from public review under North Carolina law.
RECOMMENDATIONS
Planning Board Recommendation: On January 3, 2006, the Planning Board voted unanimously to recommend enactment of the attached ordinance. A copy of the Summary of Planning Board Action is attached.
Historic District Commission Recommendation: On February 9, 2006, the Historic District Commission voted unanimously to recommend enactment of the attached ordinance. A copy of the Summary of Historic District Commission Action is attached.
Manager’s Preliminary Recommendation: We recommend that the Council enact the attached ordinance, establishing demolition by neglect provisions. The ordinance builds on the most recent proposal of the Historic District Commission and provides minor formatting adjustments and language changes recommended by staff to be in keeping with the existing provisions of the Land Use Management Ordinance.
The ordinance is presented with strike through and underline to identify the changes to the staff recommendation since the January 2005 Public Hearing.
ATTACHMENTS
1. Ordinance (p. 4).
2. Summary of Planning Board Action (p. 8).
3. Summary of Historic District Commission Action (p. 9).
4. January 19, 2005 Memorandum to Mayor and Council (begin new page 1).