AGENDA #4f
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Calling a Public Hearing for Land Use Management Ordinance Amendment to Create a Demolition by Neglect Ordinance
DATE: April 14, 2004
The attached resolution would call a public hearing for October 18, 2004, on a proposed amendment to the Land Use Management Ordinance to establish a demolition by neglect ordinance for structures in the Town’s Historic Districts.
BACKGROUND
During Council discussions related to the preparation of the budget for the 2004-05 fiscal year, it was suggested that the Council consider enacting a regulation that would require that historic buildings be maintained to a certain standard to prevent their continued deterioration. During the Council’s March 30, 2004 Budget Work Session, the Council asked that this proposal be placed on the agenda to initiate the steps to enact a demolition by neglect ordinance in the Town’s Historic District.
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 from the Historic District Commission a Certificate of Appropriateness.
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.
The purpose of a demolition by neglect ordinance would be to 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.
Such an ordinance 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.
It should be noted, however, the enactment of a demolition by neglect ordinance would not override the other provisions pertaining to certificates of appropriateness for demolition referred to above.
The procedure for considering an amendment to the Land Use Development Ordinance to establish a demolition by neglect ordinance in the historic district would include calling a public hearing and receiving a recommendation from the Planning Board. Making recommendations for changes to the Historic District regulations is one of the responsibilities assigned by the Town Council to the Historic District Commission.
RECOMMENDATION
We recommend the Council adopt the attached resolution calling a hearing for October 18, 2004. on a proposed demolition by neglect ordinance.
A RESOLUTION CALLING A PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE LAND USE MANAGEMENT ORDINANCE TO ESTABLISH DEMOLITION BY NEGLECT REGULATIONS IN THE TOWN’S HISTORIC DISTRICTS (2004-04-14/R-7)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a public hearing for October 18, 2004, to consider an amendment to the Land Use Management Ordinance to establish demolition by neglect regulations applicable to structures in the Town’s Historic District.
BE IT FURTHER RESOLVED that the Council refers this proposal to the Planning Board and Historic District Commission for a recommendation.
This the 14th day of April, 2004.