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.
- Detailed plans, with dimensions, showing existing and proposed
conditions.
- Indication on plans of demolition
- Indication on plans of removal of trees, addition of patio walls,
tool sheds or fountains.
- Overall landscaping plans, if available.
- Description and/or samples of building materials and window
samples.
- 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.
- 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