Unified Development Ordinance

Sec. 10.2.15. Certificate of Appropriateness

  1. Jurisdiction
    1. The Certificate of Appropriateness Committee (hereinafter “COA Committee”) has jurisdiction for certificates of appropriateness for the exterior of all properties within the -HOD-G and -HOD-S.
    2. The COA Committee has jurisdiction for certificates of appropriateness for the exterior of Historic Landmarks within Raleigh’s zoning jurisdiction.
    3. The COA Committee has jurisdiction for certificates of appropriateness for all designated interior spaces of Historic Landmarks within Raleigh’s zoning jurisdiction.
    4. Per North Carolina Session Law 1993-168, the Historic Development Commission has delegated to the Certificate of Appropriateness Committee its jurisdiction to issue certificates of appropriateness for all matters listed in 10.2.15(A)(1)–(3) above.
  2. Expiration of Certificate of Appropriateness
    1. A certificate of appropriateness shall expire 12 months after decision is filed with the Clerk to the COA Committee or approved administratively by staff unless the work authorized by the certificate has substantially commenced.
    2. If after commencement the work is discontinued for a period of 12 months, the permit shall immediately expire.
    3. A certificate of appropriateness authorizing demolition shall expire if the work has not been commenced within 12 months after the effective date set by the Commission. If after commencement the demolition work is discontinued for a period of 12 months, the approval shall immediately expire.
    4. No work authorized by any certificate that has expired shall thereafter be performed until a new certificate has been secured.
  3. Application
    1. An application for a Certificate of Appropriateness shall be submitted in accordance with the general application requirements of Sec. 10.2.1.B. The application must be accompanied by sketches, drawings, photographs, specifications, descriptions and other information of sufficient detail as described on the form to clearly show the proposed exterior alternations, additions, changes, new construction, or alternations to designated interior features of Historic Landmarks. Multiple copies of the application shall be provided when so required by the instructions on the form provided by the City. Applications that are deemed incomplete by staff are not considered filed and will be held until required materials are provided.
    2. Staff may advise the applicant and make recommendations with regard to appropriateness based upon the adopted historic development standards.
    3. The applicant must be either the property owner of the subject property or one of the following individuals authorized by the property owner to make the application:
      1. a person holding a valid option to purchase the property;
      2. a person holding a valid lease for the property; or
      3. a person holding a valid contract to purchase the property.
  4. Approval Process
    1. Deadline
      Applications for certificates of appropriateness shall be reviewed and acted upon within 180 days from the date the application for a certificate of appropriateness is filed, as defined by this regulation. The COA Committee may take the matter under advisement to receive additional evidence or memoranda of authority requested by the Commission for its consideration. Nothing in this paragraph shall prohibit an extension of time where mutual consent is given.
    2. Minor Works
      Upon receipt of a completed application, the Planning Director may issue a certificate of appropriateness for minor works.

      1. Defined
        Minor works are defined as those changes that do not involve substantial alterations, additions or removals that could impair the integrity of the Landmark property or the Historic Overlay District as a whole. Minor works are limited to those listed in the table below. 

        Minor Works List
        Accessory structures (non-character-defining only): Removal of
        Accessory structures under 12 feet in all directions (length, width, or height): Construction/Installation of
        Accessory structures with no expansion of building footprint: Alteration of
        Additions to accessory structures, where the total remains under 12 feet in all directions (height, width, length): Construction of
        Additions to a primary structure 50 sq. ft. or less (rear only): Construction/installation of
        Appurtenant features and accessory site features such as arbor, water feature, pergola, trellis, detached fireplace (non-character-defining only): Alteration/Construction/Installation/Removal of
        Architectural details (non-character-defining only): Alteration/Construction/Installation/Removal of
        Awnings/canopies: Alteration/Construction/Installation/Removal of
        Carports/porte cocheres (non-character-defining only): Alteration/removal of
        Chimneys (non-character-defining only): Alteration/Construction/Installation/Removal of
        Decks that align with the main floor: Alteration/Construction/Installation/Removal of
        Doors/door openings/trim (non-character-defining only): Alteration/removal of
        Doors/door openings/trim on non-character-defining facades: Alteration/Construction/Installation/Removal of
        Driveways: Alteration/Construction/Installation/Removal of
        Exterior surfaces (non-character-defining only): Alteration/Construction/Installation/Removal of
        Fences/walls 6’ in height or less: Alteration/Construction/Installation/Removal of
        Foundations: Alteration of
        Gutters and downspouts: Alteration/Construction/Installation/Removal of
        Hedges or other screen plantings: Alteration/Construction/Installation/Removal of
        Lighting fixtures: Alteration/Construction/Installation/Removal of
        Mailboxes: Alteration/Construction/Installation/Removal of
        Parking lots: Alteration/removal of
        Part of a structure (non-character-defining): Removal of
        Patios: Alteration/Construction/Installation/Removal of
        Porches: Alteration of
        Porches (non-character-defining only): Removal of
        Railings, front step: Alteration/Construction/Installation/Removal of
        Ramps/lifts: Alteration/Construction/Installation/Removal of
        Roof coverings: Alteration of
        Shutters: Alteration/Construction/Installation/Removal of
        Signs: Alteration/Construction/Installation/Removal of
        Skylights: Alteration/Construction/Installation/Removal of
        Solar collectors: Alteration/Removal of
        Solar collectors (on non-front-sloping roofs and not over historic roofing material): Construction/Installation of
        Stairs and steps: Alteration/Construction/Installation/Removal of
        Storefronts or features (non-character-defining only): Alteration/Construction/Installation/Removal of
        Storm doors and storm windows: Alteration/Construction/Installation/Removal of
        Swimming pools: Alteration/Construction/Installation/Removal of
        Trees with a combined stem girth of 10 inches and greater in diameter, measured 4-1/2 feet above ground level when a replacement tree of similar species, mature height, and canopy coverage is proposed: Removal of
        Utility equipment, such as mechanical units, electric vehicle charging units, and meters, satellite dishes and/or antennas: Alteration/Construction/Installation/Removal of
        Vents (non-character-defining only): Alteration/Construction/Installation/Removal of
        Walks: Alteration/Construction/Installation/Removal of
        Windows/window openings/sash/trim (non-character-defining only): Alteration/removal of
        Windows/window openings/sash/trim on non-character-defining facades: Alteration/Construction/Installation/Removal of
        Changes to Certificates of Appropriateness that if, standing alone, would qualify as a Minor Work.
        Renewal of expired Certificates of Appropriateness, except those issued with a demolition delay.
        Work Items not listed here for which a clear citation can be made for congruity with the historic district or landmark using the associated historic development standards.
      2. Procedure
        1. Applications for minor works shall be reviewed by the Planning Director according to the applicable historic development standards.
        2. Staff will refer Minor Work projects to the COA Committee for review if in staff’s judgment the change involves alterations, additions, or removals that are substantial, do not meet the design standards, or are of a precedent-setting nature.
        3. A report of the approved certificates of appropriateness for minor works shall be forwarded to the COA Committee, for its information, at its next regularly scheduled meeting.
        4. Failure to approve the requested minor work by the Planning Director shall in no way interfere with the applicant’s right to be heard by the COA Committee—no application for a certificate of appropriateness may be denied without formal action by the COA Committee.
        5. Appeals of administrative decisions to approve a Minor Work are heard by the COA Committee. Notice of appeal shall be filed with the Department of City Planning and Development within 30 days after the date the application for Minor Works was affirmatively decided.
    3. Major Works
      1. The Planning Director shall prepare a report and transmit the application for a certificate of appropriateness, together with the supporting material, to the review body for its consideration.
      2. Following notice as required in Sec. 10.1.8 and Sec. 10.2.1.C, the COA Committee shall hold a quasi-judicial public hearing as set forth in Sec. 10.2.1.D.1.
      3. Interior arrangement shall not be considered by the COA Committee and no certificate of appropriateness is required for interior repairs or renovations, except for designated interior features of Historic Landmarks as allowed in Sec. 10.2.16.D.2.
      4. The COA Committee shall not refuse to issue a certificate of appropriateness except for the purpose of preventing the changes outlined in 5.4.1.C.2 in the –HOD-G, -HOD-S or for Historic Landmarks, which would be incongruous with the special character of the district or Landmark.
      5. The COA Committee shall render its decision in written form, including its reasons for issuing or denying the certificate and a summary of any citation to the evidence, testimony, studies or other authority upon which it based its decision.
      6. In all proceedings before the COA Committee with regard to an application for a certificate of appropriateness, the burden of producing substantial, competent and material evidence or testimony is upon the applicant and if the applicant fails to do so, the COA Committee shall deny the certificate.
      7. Notwithstanding any other provisions of this UDO, the COA Committee may require additional evidence or memoranda of authority to be submitted and may take the matter under advisement until such evidence or memoranda have been submitted and considered up to the 180-day limit established above.
      8. As part of its deliberation, the COA Committee may view the premises and seek the advice of the North Carolina Division of Archives and History or such other expert advice as it may deem necessary under the circumstances.
      9. The COA Committee's action on the application shall be approval, approval with conditions, deferral or denial.
      10. Notice of decision shall be provided as required in Sec. 10.2.1.C.6.
  5. Demolition of Buildings, Structures and Sites
    1. General
      An application for a certificate of appropriateness authorizing the demolition or destruction of a building, structure or site within any Historic Overlay District or Historic Landmark may not be denied except as provided below for Statewide Significance. However, the effective date of such a certificate may be delayed for a period of up to 365 days from the date of approval. The maximum period of delay authorized by this section shall be reduced by the COA Committee where it finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use of or return from such property by virtue of the delay. During such period of delay the COA Committee shall negotiate with the owner and with any other parties in an effort to find a means of preserving the building, structure or site. If the COA Committee finds that the building, structure or site has no special significance or value toward maintaining the character of the Historic Overlay District or Historic Landmark, it shall waive all or part of such period and authorize earlier demolition or removal.
    2. Pending Historic Landmark and within a Pending -HOD-G or -HOD-S
      1. Where the Historic Development Commission has voted to recommend designation of a property as a Historic Landmark or an area as a -HOD-G or -HOD-S and final designation has not been made by the City Council, the demolition or destruction of any building, site or structure proposed as a Landmark or located in the proposed district may be delayed by the Commission for a period of up to 180 days through the COA process or until the City Council takes final action on the designation, whichever occurs first.
    3. Statewide Significance
      An application for a certificate of appropriateness authorizing the demolition or destruction of a building, structure or site determined by the State Historic Preservation Officer as having statewide significance as defined in the criteria of the National Register of Historic Places may be denied except where the COA Committee finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return by virtue of the denial.
    4. Compliance with Other Law
      Issuance of a certificate of appropriateness shall not relieve the applicant, contractor, tenant or property owner from obtaining any other permit required by this UDO or any law.
  6. Appeals
    1. Appeals from the Historic Development Commission are to Wake County Superior Court pursuant to N.C. Gen. Stat. §160D-1402
    2. The State of North Carolina shall have a right of appeal to the North Carolina Historical Commission or any successor agency. Notice to the Historic Development Commission shall be served on the same day and in the same manner as for the North Carolina Historical Commission unless oral notice of appeal is given to the Historic Development Commission during the meeting at which the decision is rendered. The decision of the North Carolina Historical Commission shall be final and binding upon both the state and the Historic Development Commission.
  7. Effect of Conflict with Other Ordinances
    Whenever any ordinance adopted pursuant to N.C. Gen. Stat. Part 4, Article 9, Chapter 160D requires a longer waiting period or imposes other higher standards with respect to a designated historic landmark or designated –HOD-G or –HOD-S than are established under any other statute, charter provision or regulation, Part 4 shall govern. Whenever the provisions of any other statute, charter provision, ordinance or regulation require a longer waiting period or impose other higher standards than are established under general statute such other statute, charter provision, ordinance or regulation shall govern.
TC Number
TC-3-24
Ordinance Number
828 TC 494