Unified Development Ordinance

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 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. After the designation of an HOD-G or Historic Landmark, no exterior portion of any building or other structure, including masonry walls, fences, light fixtures, steps and pavement, or other appurtenant features, nor above-ground utility structure nor any type of outdoor advertising sign shall be erected, altered, restored, moved, or demolished on the landmark or within the district until after an application for a certificate of appropriateness as to exterior features has been submitted to and approved by the Historic Development Commission.
   2. For purposes of this section, “exterior features” include the architectural style, general design, and general arrangement of the exterior of a building or other structure, including the kind and texture of the building material, the size and scale of the building, and the type and style of all windows, doors, light fixtures, signs, and other appurtenant fixtures; and to the extent addressed in the design standards, historic signs, color, and significant landscape, archaeological, and natural features of the area. In the case of outdoor advertising signs, “exterior features” mean the style, material, size, and location of all such signs.
   3. A Certificate of Appropriateness shall be issued prior to issuance of a building or other permit 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.
   4. 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; or
         3. iii. Outer appearance.
      2. The construction, reconstruction, alteration, restoration, moving or demolition of any feature which the building inspector or similar official 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.
   5. All of the provisions of this section are applicable to construction, alteration, moving and demolition by the State of North Carolina, its political subdivisions, agencies, and instrumentalities provided, however, they do not apply to interiors of buildings or structures owned by the State of North Carolina.
4. Prohibited Activities
   1. Prohibited activities within a -HOD-G or Historic Landmark include the items in Sec. 5.4.1.C. when conducted without an approved Certificate of Appropriateness and 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.
5. Setbacks
   1. Where the required setbacks of the underlying zoning conflicts with the special character of the district or landmark as determined through a Certificate of Appropriateness, the more restrictive shall control.
   2. Structures existing prior to the (insert effective date) are not rendered nonconforming. For new construction and expansion of existing structures, apply the rule in (1) above.
6. Height
   1. Where the height regulations or allowed height of the underlying zoning conflicts with the special character of the district or landmark as determined through a Certificate of Appropriateness, the more restrictive shall control.
   2. Structures existing prior to (insert effective date) are not rendered nonconforming. For new construction and expansion of existing structures, apply the rule in (1) above.
7. Signs
   No sign shall be erected, altered, restored or moved except in compliance with a Certificate of Appropriateness.
8. Historic Development Standards
   1. It is recognized that there are design and development standards generally applicable to the City of Raleigh’s Historic Overlay Districts and Historic Landmarks. Such guidelines are necessary and desirable to provide for the establishment of reasonable certainty, stability, and fairness in the administration of Historic Overlay Districts and Historic Landmark regulations, to secure the reasonable expectations of landowners, and to foster cooperation between the public and private sectors. As an essential element of striking an appropriate balance between private expectations and the public interest, the City of Raleigh shall apply the "Design Guidelines for Raleigh Historic Districts and Landmarks,” as adopted by the Raleigh Historic Development Commission. As a component in determining congruity with the special character of the Historic Overlay District or of the Historic Landmark, these guidelines shall be applied as if adopted together with the designations of Historic Overlay Districts and Historic Landmarks, and shall be applied together with the findings, reports, guidelines, and special character essays for Historic Overlay Districts and Historic Landmarks. The "Design Guidelines for Raleigh Historic Districts and Landmarks” are incorporated by reference and made a part of this UDO. Guidelines and design standards shall be applied to ensure as far as possible that the exterior features of buildings, structures, and their associated features, as are located within a -HOD-G district or as designated as a Historic Landmark, remain in congruity with the special character of the district or Historic Landmark in consideration of other buildings, structures, and appurtenant features. In furtherance thereof, design standards, ordinances, and reports for the Historic Landmarks are on file with the City’s planning department and are incorporated by reference and made a part of this UDO. Also in furtherance thereof, design standards, ordinances, and reports for the -HOD-G are on file with the City’s planning department, with reference as listed immediately below, and are incorporated by reference and made a part of this UDO.
      1. Blount Street
      2. Boylan Heights
      3. Capitol Square
      4. Glenwood-Brooklyn (-HOD-S, see 5.4.2)
      5. Moore Square
      6. Oakwood
      7. Oberlin Village
      8. Prince Hall
   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.