Sec. 5.4.1. General Historic Overlay District (-HOD-G)

1. A. Applicability
   This section applies to all individual Historic Landmarks and each General Historic Overlay District (-HOD-G) designated by the City Council.
2. Purpose and Objectives
   1. The -HOD-G is intended to preserve the historic significance of properties that are formally designated by the City. Locally designated historic districts are areas which are deemed to be of special significance in terms of their history, prehistory, architecture, archeology or culture, and to possess integrity of design, setting, materials, feeling and association. The -HOD-G seeks to preserve the overall historic character of the district, as well as the key, character-defining details of each of the contributing resources, and to assure that new construction is compatible with this historic context.
   2. The -HOD-G has the following objectives:
      1. To promote the preservation and continued use of individual properties and districts of historic significance;
      2. To preserve the integrity of historically significant resources;
      3. To support sustainability by reusing existing built resources; and
      4. To assure that new construction is compatible with the historic context of landmark properties and historic districts.
3. Certificate of Appropriateness Required
   1. In addition to all other approval processes, within the -HOD-G and for any Historic Landmark, no portion of the exterior features of any building or other structure (including walls, fences, light fixtures, steps, pavement, path or any other appurtenant features), trees, or above ground utility structure nor any type of outdoor advertising sign, or portion of the designated interior features of a Historic Landmark is to be erected, altered, restored, demolished or moved unless and until after an application for a Certificate of Appropriateness as to the exterior features, or portion of the designated interior features of a Historic Landmark, has been submitted and approved.
   2. A Certificate of Appropriateness shall be issued prior to any application for a building permit or other permit granted for the purpose of constructing, altering, moving or demolishing structures or appurtenant features being made, and shall be issued or denied, subject to such reasonable conditions as the Historic Development Commission may impose, according to such procedures as may be set forth elsewhere in this UDO or adopted by the Historic Development Commission.
   3. A Certificate of Appropriateness shall be required for all activities specified in this section whether a building permit or other permit is otherwise required or not; except that no Certificate of Appropriateness shall be required for:
      1. The ordinary maintenance or repair of any features that do not involve a change in:
         1. Design;
         2. Material;
         3. Color; or
         4. Outer appearance.
      2. The construction, reconstruction, alteration, restoration, moving or demolition of any feature which the Development Services Director certifies is required by the public safety because of an unsafe or dangerous condition.
      3. In the event of equipment failure, accidental damage or natural occurrences (such as electrical storms, tornadoes, ice storms and the like), the ordinary maintenance or repair of:
         1. Streets;
         2. Sidewalks;
         3. Pavement markings;
         4. Above-ground utility service lines; or
         5. Street signs, traffic signs or replacement of streetlight fixtures.
   4. All of the provisions of this section are applicable to construction, alteration, restoration, moving and demolition by the State of North Carolina, its political subdivisions, agencies, instrumentalities and public utilities.
   5. Individual certificates of appropriateness for each change may be requested, or if the activity is of the same character and involves a number of objects, as is the case with utility pole replacement, a programmatic certificate of appropriateness may be requested.
4. Prohibited Activities
   1. Prohibited activities within a -HOD-G or Historic Landmark include the following when conducted without an approved Certificate of Appropriateness:
      1. The erection, alteration, changing, restoration, moving or demolition of:
         1. Any entire building or structure;
         2. Any exterior features of a building or structure;
         3. Any site features (including walls, fences, light fixtures, steps, pavement, paths or any other appurtenant features);
         4. Trees;
         5. Any above-ground utility structure;
         6. Any type of outdoor advertising sign; or
         7. Any portion of the designated interior features of a Historic Landmark.
      2. The demolition by neglect (Article 11.8. Demolition by Neglect of Historic Landmarks and Structures Within Historic Overlay Districts) of:
         1. Any contributing building or structure;
         2. Any exterior features of a contributing building or structure;
         3. Site features (including walls, fences, light fixtures, steps, pavement, paths or any other appurtenant features); or
         4. Any contributing outdoor advertising sign.
   2. The demolition of any entire building, site or structure within a pending -HOD-G or pending Historic Landmark is prohibited when conducted without an approved Certificate of Appropriateness:
      1. Any demolition during the pending designation may be delayed for a period up to 180 days from the date of issuance (unless the Historic Development Commission votes to waive or shorten it) or until the City Council takes final action, whichever occurs first.
      2. Should the City Council approve the designation prior to the expiration of the 180 day delay period, a new application for a certificate of appropriateness for demolition must then be filed; however, the maximum period of delay for such demolition certificate shall be reduced by the Historic Development Commission equal to the period of delay while the designation was pending.
5. Setbacks
   1. The minimum and maximum setbacks within the -HOD-G and for Historic Landmarks shall be congruous with the setbacks of any typical well-related nearby building and structure within 1½ blocks and in the overlay district, and congruous with the character of the Historic Landmark, as set forth in the historic development standards below or as defined in the designation documents or nomination.
   2. Where the setbacks or allowed encroachments of the underlying district conflict with these setback requirements, the setbacks of the historic development standards shall control.
6. Height
   1. Buildings and structures shall be congruous with the height of typical well-related nearby buildings and structures in the overlay district, and congruous with the character of the Historic Landmark, as set forth in the historic development standards below or as defined in the designation documents or nomination.
   2. Where the height regulations or allowed height encroachments of the underlying district conflict with these height requirements, the height requirements of the historic development standards shall control.
7. Signs
   No sign shall be erected, altered, restored or moved except in compliance with a Certificate of Appropriateness.
8. Historic Development Standards
   1. See documents entitled: "Design Guidelines for Raleigh Historic Districts and Landmarks dated May 2, 2017," “The Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings,” and “The Secretary of the Interior’s Standards for the Treatment of Historic Properties and the Guidelines for the Treatment of Cultural Landscapes.” These documents are incorporated by reference as authorized by N.C. Gen. Stat. §160A-76, are made a part of this UDO and are on file with City Planning. These documents contain architectural guidelines and design standards that will be applied in considering applications for Certificates of Appropriateness to ensure as far as possible that the exterior features of buildings, structures and their associated features located within a -HOD-G, and designated as a Historic Landmark, remain in harmony with other buildings, structures and appurtenant features in the overlay district, and the character of the Historic Landmark.
   2. The current edition of “The Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings” shall be the sole standards and guidelines used in reviewing applications submitted by the State of North Carolina for a Certificate of Appropriateness.
   3. The issuance of a Certificate of Appropriateness shall not be prohibited in situations where, owing to special conditions affecting the structure (such as topography, availability of materials, and lot size) but not affecting the -HOD-G or Historic Landmarks generally, compliance with the historic development standards would cause an unusual and unnecessary hardship on the property owner beyond that which other property owners in the -HOD-G or of Historic Landmarks would meet.