AGENDA #9
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Land Use Management Ordinance Text Amendment – Demolition by Neglect in Historic Districts
DATE: March 6, 2006
PURPOSE
Enactment of the attached ordinance would amend the Land Use Management Ordinance to provide demolition by neglect regulations intended to help avoid the deterioration of historic buildings.
BACKGROUND
On February 20, 2006, the Council held a Public Hearing to receive comments on the proposed amendments to the Land Use Management Ordinance. A copy of the February 20 memorandum is attached.
The draft ordinance would authorize the Town to require maintenance of deteriorating structures in Historic Districts, unless a permit is 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.
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.
ISSUES RAISED
There were no issues raised during the February 20, 2006 Public Hearing regarding the proposed Land Use Management Text Amendment to add provisions to prohibit demolition by neglect in the local historic districts.
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 Recommendation: We recommend that the Council enact the attached ordinance, establishing demolition by neglect provisions.
ATTACHMENTS
1. February 20, 2006 Memorandum to Mayor and Council (begin new page 1).