(A) Delay by Historic Preservation Commission.
(1) An application for a certificate of appropriateness authorizing the demolition or destruction of a designated landmark or a building, structure or site within the district may not be denied, except as provided in division (C) below; however, the effective date of such a certificate may be delayed for a period of up to 180 days from the date of approval.
(2) The maximum period of delay authorized this section shall be reduced by the Historic Preservation Commission where 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.
(3) During such period, the Historic Preservation Commission shall negotiate with the owner and with any other parties in an effort to find a means of preserving the buildings or site. If the Historic Preservation Commission finds that a building or site within the historic district has no special significance or value toward maintaining the character of the district, it shall waive all or part of such period and authorize earlier demolition or removal.
(B) Delay Pending Designation as District or Landmark. If the Historic Preservation Commission has voted to recommend designation of a property proposed by an owner to be so designated as a landmark or designation of an area as a district, and final designation has not been made by the County Board of Commissioners, the Monroe City Council, or the Town Councils of Indian Trail, Marshville, Stallings, Waxhaw, Weddington or Wingate, the demolition or destruction of any building, site or structure located on the property of the proposed landmark or in the proposed district may be delayed by the County Board of Commissioners, the Monroe City Council, or the Town Councils of Indian Trail, Marshville, Stallings, Waxhaw, Weddington or Wingate for a period of up to 180 days or until the County Board of Commissioners, the Monroe City Council, or the Town Councils of Indian Trail, Marshville, Stallings, Waxhaw, Weddington or Wingate take final action on the designation, whichever occurs first.
(C) Prevention of demolition by neglect. The County Board of Commissioners, the Monroe City Council, or the Town Councils of Indian Trail, Marshville, Stallings, Waxhaw, Weddington or Wingate may enact an ordinance to prevent the demolition by neglect of any designated landmark or any building or structure within an established historic district. Such ordinance shall provide appropriate safeguards to protect property owners from undue economic hardship.
(D) Structures having statewide significance. An application for a certificate of appropriateness authorizing the demolition or destruction of a building, site or structure 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.
(Ord. passed 12-21-1992)