§ 160A-400.14. Delay in demolition of landmarks and buildings within historic district. - North Carolina Statutes

§ 160A‑400.14.  Delay in demolition of landmarksand buildings within historic district.

(a)        An application for a certificate of appropriatenessauthorizing the relocation, demolition or destruction of a designated landmarkor a building, structure or site within the district may not be denied exceptas provided in subsection (c). However, the effective date of such acertificate may be delayed for a period of up to 365 days from the date ofapproval. The maximum period of delay authorized by this section shall bereduced by the commission where it finds that the owner would suffer extremehardship or be permanently deprived of all beneficial use of or return fromsuch property by virtue of the delay. During such period the preservationcommission shall negotiate with the owner and with any other parties in aneffort to find a means of preserving the building or site. If the preservationcommission finds that a building or site within a district has no specialsignificance or value toward maintaining the character of the district, itshall waive all or part of such period and authorize earlier demolition, orremoval.

If the commission or planning board has voted to recommend designationof a property as a landmark or designation of an area as a district, and finaldesignation has not been made by the local governing board, the demolition ordestruction of any building, site, or structure located on the property of theproposed landmark or in the proposed district may be delayed by the commissionor planning board for a period of up to 180 days or until the local governingboard takes final action on the designation, whichever occurs first.

(b)        The governing board of any municipality may enact anordinance to prevent the demolition by neglect of any designated landmark orany building or structure within an established historic district. Suchordinance shall provide appropriate safeguards to protect property owners fromundue economic hardship.

(c)        An application for a certificate of appropriatenessauthorizing the demolition or destruction of a building, site, or structuredetermined by the State Historic Preservation Officer as having statewidesignificance as defined in the criteria of the National Register of HistoricPlaces may be denied except where the commission finds that the owner wouldsuffer extreme hardship or be permanently deprived of all beneficial use orreturn by virtue of the denial. (1989, c. 706, s.2; 1991, c. 514, s. 1; 2005‑418, s. 13.)