AGENDA #4f

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Delaying a Public Hearing for Consideration of a Demolition by Neglect Ordinance

 

DATE:             September 27, 2004

 

 

The attached resolution would delay a Public Hearing set for October 18, 2004, on establishing a demolition by neglect ordinance for structures in the Town’s Historic Districts and reschedule the Public Hearing for January 19, 2005.

 

BACKGROUND

 

On September 9, 2004, the Historic District Commission voted unanimously to ask the Council to delay the October 18, 2004 Public Hearing established to consider a Demolition by Neglect Ordinance until the January 19, 2005 Public Hearing.

 

The recommendation for delay is to extend the time for additional research by the Historic District Commission. Enactment of demolition by neglect regulation(s) are intended to avoid the deterioration of historic buildings.  

 

DISCUSSION

 

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 Historic District regulations, structures that are in an unsafe or dangerous condition, as determined by the Building Inspector, may be exempt 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 an 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 with an established historic district. Such ordinance shall provide appropriate safeguards to protect property owners form undue economic hardship.

 

There is no provision in the Town’s current Historic District sections of the Land Use Management Ordinance that would require an owner of a structure in an Historic District to maintain a structure so as to prevent it from reaching the condition where demolition is deemed economically feasible or necessary.

 

The enactment of a demolition by neglect ordinance would not override other provisions pertaining to Certificates of Appropriateness for demolition referred to above.

 

The procedure for considering an amendment to the Land Use Management Ordinance to establish a demolition by neglect ordinance in the historic district would include calling a public hearing and receiving recommendation from the Planning Board and the Historic District Commission.

 

RECOMMENDATION

 

We recommend that Council adopt the attached resolution to change the Public Hearing scheduled for October 18, 2004, to January 19, 2005, on the proposed demolition by neglect ordinance.

 

ATTACHMENT

 

1.         Petition from the Historic District Commission (p. 4).

 

A RESOLUTION DELAYING A PUBLIC HEARING ON A DEMOLITION BY NEGLECT ORDINANCE (2004-09-27/R-8)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby delays a public hearing set for October 18, 2004, to January 19, 2005, to consider a proposed Demolition by Neglect Ordinance to the Land Use Management Ordinance. Consideration for a delay allows for more time for the Historic District Commission to conduct research.

 

BE IT FURTHER RESOLVED that the Council refers the item to the Historic District Commission and the Planning Board for recommendation at the Hearing.

 

This the 27^th day of September, 2004.