Sec. 10.2.15. Certificate of Appropriateness

10-2-15
  1. Jurisdiction
    1. The Historic Development Commission has jurisdiction for certificates of appropriateness for the exterior of all properties within the -HOD-G and -HOD-S.
    2. The Historic Development Commission has jurisdiction for certificates of appropriateness for the exterior of Historic Landmarks within Raleigh’s zoning jurisdiction.
    3. The Historic Development Commission has jurisdiction for certificates of appropriateness for all designated interior spaces of Historic Landmarks within Raleigh’s zoning jurisdiction.
  2. Expiration of Certificate of Appropriateness
    1. A certificate of appropriateness shall expire 6 months after the date of issuance if the work authorized by the certificate has not been 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 6 months after the authorization 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. All applications for a certificate of appropriateness are to be filed in the location noted on the current application form provided by the City.
    2. The application shall be filed in accordance with the City's filing calendar on the form provided by the City.
    3. The application must be accompanied by sketches, drawings, photographs, specifications, descriptions and other information of sufficient detail to clearly show the proposed exterior alterations, alterations to designated interior features of Historic Landmarks, additions, changes or new construction. The names and mailing addresses of property owners filing or subject to the application and the addresses of property within 100 feet on all sides of the property which is the subject of the application must also be filed. Multiple copies of the application shall be provided when so required by the instructions on the form provided by the City. No incomplete applications will be accepted.
    4. Staff may advise the applicant and make recommendations with regard to appropriateness based upon the adopted historic development standards.
  4. Action on Application for Certificate of Appropriateness
    1. Deadline
      Applications for certificates of appropriateness shall be acted upon within 90 days after the complete application is filed, otherwise the application shall be deemed to be approved and a certificate of appropriateness shall be issued; provided however, that the Commission may take the matter under advisement for a total period of up to 180 days 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 “Bylaws and Rules of Procedure” of the Historic Development Commission.
      2. Procedure
        1. Applications for minor works shall be reviewed by the Planning Director according to the applicable historic development standards.
        2. A report describing all certificates of appropriateness for minor works shall be forwarded to the Historic Development Commission, for its information, at its next regularly scheduled meeting.
        3. 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 Historic Development Commission—no application for a certificate of appropriateness may be denied without formal action by the Historic Development Commission.
        4. Appeals of administrative decisions to approval a Minor Work are heard by the Historic Development Commission. Notice of appeal shall be filed with the Department of City Planning within 30 days after the date the application for Minor Works was affirmatively decided. An appeal stays all work on the approved Minor Work during the review period of the Historic Development Commission.
    3. Notice
      1. Whenever a hearing on the application is to be heard by the Commission, City Planning shall make a reasonable attempt to identify and notify by mail the owners of property within 100 feet on all sides of the property that is the subject of the pending application.
      2. Mailed notices are for the convenience of the property owners and occupants and any defect or their omission shall not impair the validity of issuing a certificate of appropriateness or any following action.
    4. Hearing
      1. City Planning shall transmit the application for a certificate of appropriateness, together with the supporting material, to the review body for its consideration.
      2. Prior to the issuance or denial of a certificate of appropriateness by the Commission, the applicant and persons meeting the criteria for standing in G.S. 160D-1402 shall be given the opportunity to be heard at the hearing.
      3. All meetings of the Historic Development Commission shall be open to the public in accordance with the North Carolina open meetings law, N.C. Gen. Stat. Chapter 143, Article 33B.
      4. Interior arrangement shall not be considered by the review body 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.
      5. The review body shall not refuse to issue a certificate of appropriateness except for the purpose of preventing the construction, reconstruction, alteration, restoration, moving or demolition of buildings, structures, appurtenant features, outdoor advertising signs or other significant features in the –HOD-G, -HOD-S or for Historic Landmarks, which would be incongruous with the special character of the district or Landmark.
      6. The Commission 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.
      7. Without objection from any interested parties, the Historic Development Commission may hold summary proceedings on Certificates of Appropriateness. Such proceedings shall be a public meeting and the Commission’s decision shall be rendered in written form.
      8. In all proceedings or public hearings before the Historic Development Commission with regard to an application for a certificate of appropriateness, the burden of producing substantial evidence or testimony is upon the applicant and if the applicant fails to do so, the Commission shall deny the certificate.
      9. Notwithstanding any other provisions of this UDO, the Historic Development Commission 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.
      10. As part of its deliberation, the Commission 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.
      11. The Commission’s action on the application shall be approval, approval with conditions, deferral or denial.
      12. 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 authorization date of such a certificate may be delayed for a period of up to 365 days from the date of issuance. The maximum period of delay authorized by this section shall be reduced by the Commission 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 Commission may 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 Commission finds that the building, structure or site has no particular 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 or until the City Council takes final action on the designation, whichever occurs first.
      2. Should the Council approve the designation prior to the expiration of the 180-day delay period, an application for a certificate of appropriateness for demolition must then be filed; however, the maximum period of authorization date delay for such demolition certificate shall be reduced by the Commission equal to the period of delay while the designation was pending.
    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 Commission 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.