ORD-2010-087 Ordinance Creating The Historic Preservation Commission of Orange County

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10/5/2010 (a) In any action granting or denying a Certificate of Appropriateness, an appeal by an aggrieved party may be taken to the Board of Adjustment. Written notice of the intent to appeal must be sent to the Commission, postmarked within thirty (30) days following the decision. Appeals shall be in the nature of certiorari. Appeals of decisions of the Board of Adjustment shall be heard by the Superior Court of Orange County. (b) The State of North Carolina shall have a right of appeal to the North Carolina Historical Commission, which shall render its decision within thirty (30) days from the date that a notice of appeal by the state is received by the Historical Commission. The decision of the North Carolina Historical Commission shall be final and binding upon both the State and the Orange County Historic Preservation Commission. Section 5.8 Time Limitations on Certificates of Appropriateness A Certificate of Appropriateness shall expire six (6) months after the date of issuance or, in the case of demolition, six (6) months after the effective date of the Certificate, if the work authorized by the Certificate has not been commenced. If, after commencement, the work is discontinued for a period of six (6) months, the Certificate shall expire immediately. No work authorized by a Certificate that has expired shall thereafter be performed until a new Certificate has been secured. Section 5.9 Delay in Demolition of Landmarks and Buildings within Historic Districts Amended 6/7/1993 2/22/2006 (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 (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. 17