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Charlotte, North Carolina: Local and National Historic Districts

       
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Local- Dilworth
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Local-Fourth Ward
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Local-Wesley Heights
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Local-Plaza Midwood
Each map is linked to it's special section on the site.Enjoy!
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National-Elizabeth
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National-Myers Park
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National-North Davidson
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Here are the Nuts and Bolts of Local Historic Districts

By Susan Shackleford
February 2001 Realtor Reflections and reprinted with permission of the Charlotte Regional Realtors Association

Late last year (2000), information and misinformation swirled like a tornado around the unsuccessful effort to make Myers Park a local historic district.

Exactly what does such a designation mean? Do existing homeowners have to change their homes to meet new standards? Do renovations, additions and teardowns have to be approved by the Charlotte Historic District Commission? If so, which kind? How time-consuming is the approval process? Do homeowners in such districts receive tax breaks? How do such districts affect property values?
People bandied about these questions as the Charlotte City Council overwhelmingly turned down the Myers Park Homeowners Association's request for district status, fought hard by a large organized contingent in the neighborhood itself.

It was a lot like a civil war. And the council, up for re-election this year, didn't take sides in a battle among many of the city's most monied and powerful people. The council was also hard pressed to approve an option for a neighborhood when there was such a large, vocal opposition.

During the Myers Park controversy, questions like those above were sometimes answered correctly; sometimes they weren't. This story is meant to cut through the confusion and help Realtors® better understand local historic districts. To that end, Reflections talked to people on all sides of the issue. The magazine also met with staff from the historic district commission, which oversees the program.
This feature is designed to be a resource to use with clients interested in buying in the city' four historic districts- Dilworth, Fourth Ward, Plaza-Midwood and Wesley Heights. You will find district maps, contacts and phone numbers and the pros and cons of such districts in addition to answers to common questions about historic districts.

Answers to such questions, found in the main story, draw primarily from information provided by historic district commission staff, John Rogers and Wanda Birmingham.

Why do Realtors need to concern themselves with local historic districts?
Disclosing that information to buyers in these areas is considered a material fact by the N.C. Real Estate Commission. Being in a local historic district affects what owners can do to their properties.
What is a local historic district?
It consists of all or part of a neighborhood where the properties generally were built during the same era and are historically significant to the city. The Charlotte City Council approves such districts. The properties covered by such districts may be residential or commercial. For the sake of this article, the focus will be on residential.
The city-zoning ordinance that allows for local historic districts is 10.201. In part, the ordinance reads: "The purpose of a local historic district is to encourage the restoration, preservation, rehabilitation and conservation of historically significant areas, structures, buildings, sites and objects and their surroundings from potentially adverse influences which may cause the decline, decay or total destruction of important historical, architectural and archaeological features, which are a part of the city's heritage…"
A local historic district technically is an "overlay zoning district," which means it overlaps general or other specialized zoning for the area. Local historic districts are labeled, "HD-O" on official zoning maps.

Cities and counties in North Carolina may declare local historic districts because of enabling legislation on the state level, N.C. General Statute, Chapter 160A, Part 3A.
So, if you live in a local historic district, what changes to your home must be approved by the Charlotte Historic District Commission?
Exterior changes substantially visible from the street, including renovations, additions and teardowns. Interior changes do not need approval. The Charlotte Historic District Commission reviews such exterior changes to make sure they are compatible and appropriate to the district.
Tearing down existing homes to build new ones-which has been popular in the last five years in Myers Park- can be delayed up to 365 days in a local historic district. The delay is to allow the commission to work with the homeowner to seek alternatives to demolition.
Do you have to change your home to meet the new standards?
No.
Do you have to notify your immediate neighbors if you want to make changes to your home?
No. The historic district commission staff does that. Homeowners seeking commission approval to make a change used to have to provide the commission a list of their neighbors, but that's no longer a requirement. The commission notifies neighbors within 100ft in all directions from the property lines governing the home in question, ignoring streets and alleys. This allows neighbors affected by the project to comment on it.

What is the Charlotte Historic District Commission?
It is a 10-person board of citizens appointed by the Charlotte City Council (2/3 of appointments) and the Charlotte mayor (1/3) that determines whether proposed changes to a residential or commercial property be in keeping with the character of the district.
Each district has one representative on the board, except Dilworth. It has two. Its second member represents the neighborhood's business district. There are also four at-large representatives and one from the Charlotte-Mecklenburg Planning Commission. Currently, architect Mark Fishero chairs the commission board. He is the Dilworth residential representative.

Does the commission board approve all projects requiring review under the city's historic district ordinance?
No. The commission board reviews major projects, while minor ones may be approved solely by the commission staff, provided the projects are in keeping with commission policy. The staff handles about half the applications the commission receives. Nonetheless, the staff may refer any minor change to the commission board for any reason. A minor project the staff believes should be denied is automatically referred to the board. The staff can't deny applications, only the commission can.

How long do such approvals generally take?
Minor ones that can be handled by the staff take five days or fewer, in most cases. Major changes, which require commission board approval, generally take at least 30 days. That's because the commission board meets once a month, and a homeowner's application for approval must be received by the commission 3 1/2 weeks before the board meets. The commission board meets the second Wednesday of each month, and the meetings are open to the public.
What are considered "minor" and "major" changes?
Minor projects include: fencing, retaining walls, walkways, driveways that extend to the back building line, landscaping, removal of small dead or diseased trees, rear decks and patios, demolition of dilapidated non-historic accessory structures, building of new rear-yard accessory buildings not substantially visible from the street, replacement windows and doors, storm windows and doors, shutters, gutters, installation of handicapped accessible facilities on rear and side elevations, porch rails, removal of damaged or unstable secondary chimneys behind the roof peak as seen from the street, signage, properly sited and screened HVAC units and properly sited satellite dishes no larger than 24 inches in diameter.
Major projects-which require approval by the commission board- include: new construction, substantially visible additions taller or wider than the house, demolition except as noted above, the relocation of existing buildings, setbacks, accessory buildings, placement of HVAC compressors in front yards, major tree removal, parking areas and driveways that stop shy of the back building line, are wider than a single car or are circular in front of the home; paving, surface cleaning, enclosure of existing porches, removal or addition of a chimney substantially visible from the street, substitute siding and trim (You can't have vinyl, aluminum, other metal or masonite siding in a local historic district.),garages, accessory buildings substantially visible from the street and fences that don't meet the commission's guidelines.
What materials do homeowners have to provide when they are requesting project approval from the historic district commission?
At minimum, an application and detailed drawings or a site plan. If it's a minor project being reviewed by commission staff, only three copies of the drawings or site plan are required. If it's a major project going to the commission board, 15 copies of the drawings or site plan are required.

Applying for approval of most major projects also requires one or more of the materials listed below. The first four items are usually already on the site plan, and none of the items must be supplied to the commission board in quantities of 15. Which of the following items are required, depends on the project.

  1. Detailed plans, with dimensions, showing existing and proposed conditions.
  2. Indication on plans of demolition
  3. Indication on plans of removal of trees, addition of patio walls, tool sheds or fountains.
  4. Overall landscaping plans, if available.
  5. Description and/or samples of building materials and window samples.
  6. Photographs of site and existing building-provided by commission, additional shots are advised if property owner wants to show things that won't be readily apparent in photographs shot by commission staff.
  7. Photographs of streetscape-not provided by commission, required for new construction or when stories are added.

Meeting with the commission staff will gibe the homeowner guidance on what materials are needed.

Does the commission have to approve paint colors?

No. The historic district commission did away with that in late 1986. It considers paint color a matter of taste, and some historically authentic paint colors are displeasing to tastes today. However, the commission strongly encourages homeowners in historic districts to use contrasts in paint schemes. Trim and foundations should be visibly differentiated from the main body of the structure.

What if you want to paint something not traditionally painted, like brick?
Usually only traditionally painted materials can be painted. The painting of unpainted brick or masonry will require commission approval-unless the structure was painted before the district was established or when paint would serve to unify disparate parts of the building.

Can you add a circular drive in front of your house?
Probably not. Commission guidelines say that significant paving is not allowed in the front yard. Driveways should be as narrow as possible and extend at least to the rear building line at a side of the house. Driveways that stop at the front building line are considered parking pads and are prohibited.

Do repairs and replacements of materials on a home require either commission board or staff approval?
True repair and replacement projects (including roofs if the same materials are used) do not require commission approval, either by the staff or board. But the commission staff should be contacted before a project begins, so that the staff can determine whether the project is true repair or replacement or must have a Certificate of Appropriateness.

What is a Certificate of Appropriateness?

It is what the commission issues when it approves a project. In a local historic district, the certificate is required before work can begin on the project.

Do you receive a tax credit for living in a local historic district?
No. However, if the individual home is a local historic landmark, you receive a 50 percent discount on your local property taxes. But that's a different designation, governed by the Charlotte-Mecklenburg Historic Landmarks Commission. For more information on that, contact
www.cmhpf.org or call 704.376.9115.

Some property owners say that the historic district commission lacks consistency in its decisions, that one person may be allowed to do a project that his/her neighbor can't?
The commission looks at each case individually because each property is unique in its own way and context, says commission administrator John Rogers. In Dilworth, what's appropriate on East Worthington and what's appropriate on Berkeley isn't likely the same. Properties on the same street may vary in what the commission approves, he acknowledges. The commission's basic philosophy, he stresses, is not telling homeowners "what" they can build but reviewing "how" they do it- so that it's in sync with the character of the location.

If property owners in a local historic district go ahead with projects without commission approval, what penalties do they face?
The commission's staff first seeks voluntary compliance with the historic district ordinance. If that doesn't work, the city's zoning office issues a Notice of Violation and Warning Citation to a property owner. The property owner has 60 days to either correct the problem or appeal the citation to the Charlotte Zoning Board of Adjustment. If the matter isn't resolved after that, the zoning and commission staff will prepare a Misdemeanor Criminal Summons, requiring the property owner to appear in Mecklenburg County Environmental Court. There, the judge could fine the property owner or mandate other remedies.

What is the Mecklenburg Environmental Court?
Set up in the mid-1990's by the local district court, this court deals with the sign ordinance, environmental regulations, historic districts and other issues.

Is it true that once a local historic district is established that the designation is irrevocable?

No. The city council could remove the designation, just as it can change any zoning decision.

Is it true that the historic district commission can change the requirements for historic districts after such districts are established?
Yes. The guidelines that were proposed for the Myers Park historic district weren't as stringent as those in the existing four historic districts. Some in Myers Park feared that later on the commission would impose stricter rules in keeping with the other four districts. But that's highly unlikely, according to commission staff.

How do local historic districts affect property values?

In general, the four such districts in Charlotte have all seen a substantial rise in property values since receiving designation status.

For more information on local historic districts, call 704.336.2302

 

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