1 Tunl Rd Asheville, NC 28805-2218

up to 365 days from the date of approval of the certificate of appropriateness. The maximum period of delay authorized by this subsection shall be reduced by the HRC 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 the HRC may negotiate with the owner and with any other parties in an effort to find a means of preserving the building, structure of site. If the HRC finds that the building, structure or site has no special significance or value toward maintaining the character of the historic district, it shall waive all or part of such period and authorize earlier demolition or removal. If the HRC has voted to recommend designation of an area as a historic district, and final designation has not been made by the city council, the demolition or destruction of any building, structure, or site located in the proposed historic district may be delayed by the HRC for a period of up to 180 days or until the city council takes final action on the designation, whichever occurs first. It shall constitute a violation of this chapter by the property owner where any building or structure which is located within a historic district is subject to demolition by neglect; provided, however, where the property owner can show evidence of undue economic hardship satisfactory to the HRC, no violation shall be deemed to have occurred. 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, or his/her successor, as having statewide significance as defined in the criteria of the National Register of Historic Places may be denied except where the HRC finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return by virtue of the denial. The procedures for obtaining a certificate of appropriateness are set forth in section 7-5-11 of this chapter. (Ord. No. 2369, § 1, 5-27-97; Ord. No. 4736, §§ 1f, g, 3-26-19; Ord. No. 4836, § 1(e), 10-27-20) Share Download Bookmark Print