§ 44-75. Delay in demolition of landmarks and buildings within historic districts.

(a)

An application for a Certificate of Appropriateness authorizing the demolition or destruction of a designated landmark or a building, structure or site within a historic district may not be denied except as provided in subsection 44-75(d) below. However, the effective date of such a Certificate may be delayed for up to 365 days from the date of approval. The period of delay shall be reduced by the Commission if it finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return from such property by virtue of the delay. During the delay period, the Commission shall negotiate with the owner in an effort to find a means of preserving the building, structure or site. If the Commission finds that a building, structure or site has no special significance or value toward maintaining the character of a district, it shall waive all or part of such period of delay and authorize earlier demolition or removal.

(b)

If the Commission has voted to recommend the designation of a landmark or the designation of an area as a historic district, and final designation has not been made by the County Commissioners, the demolition or destruction of any building, structure or site in the proposed district or on the property of the designated landmark may be delayed by the Commission for up to 180 days or until the County Commissioners take final action on the designation, which ever occurs first.

(c)

The Board of Commissioners may enact an ordinance to prevent the demolition by neglect of any designated landmark or any structure or building within the established historic district. Such ordinance shall provide appropriate safeguards to protect property owners from undue hardship.

(d)

An application for a Certificate of Appropriateness authorizing the demolition of a building, structure or site determined by the N.C. State Historic Preservation Office as having statewide significance as defined in the criteria of the National Register of Historic Places may be denied except where the Commission finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return by virtue of the denial.

(Ord. of 04-01-1991, § 5.9, eff. 04-01-1991; Amend. of 06-07-1993, eff. 06-07-1993; Amend. of 02-22-2006, eff. 02-22-2006)