Sec. 4.10. Historic Districts Overlay (-H)

4.10.1. Purpose

Historic District Overlays may be established to protect and preserve areas and landmarks with special significance in terms of prehistorical, historical, architectural or cultural importance, and possesses integrity of design, setting, materials, feeling and association.

4.10.2. Designation

  1. Historic Districts Overlays may be designated by the governing body after the Historic Preservation Commission (HPC) deems and finds that the area is of special significance in terms of its prehistorical, historical, architectural, or cultural importance, and possesses integrity of design, setting, materials, feeling, and association.

  2. Procedures for designation of Historic District Overlays shall be found in Sec. 3.16, Historic or Landmark Designation.

4.10.3. Applicability

All developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. within a locally designated historic district shall comply with the requirements contained in this section. In addition, all developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. within a locally designated historic district shall comply with the requirements of any underlying zoning district, except as otherwise required by this ordinance.

4.10.4. Standards

General standards that apply to all Historic District Overlays may be developedClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land.; however, each individual overlay may have additional specific standards that apply specifically to one overlay.

4.10.5. Downtown Historic District Overlay

A. DevelopmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in the Downtown Historic District Overlay shall comply with the standards of this subsection, in addition to the standards of the adopted Downtown Durham Historic Preservation Plan and the general standards of the Downtown Design District.

B. In the event of a conflict between applicable standards, the following standards shall take precedence in the order listed below:

1. The Downtown Durham Historic Preservation Plan, through approval of an applicable certificate of appropriateness.

2. The standards of this subsection.

3. The standards of the Downtown Design District.

4. All other applicable standards of this Ordinance.

C. Build-to Line

DevelopmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in the Historic District Overlay shall conform to established build-to lines. The build-to lineClosed The line a set distance from the back of curb establishing the required building location. Build-to lines shall be measured from the predominant curbline (not including bulb outs) or future curbline where no curb currently exists. requirement shall be:

1. If buildings exist adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to the property on either side, the build-to lineClosed The line a set distance from the back of curb establishing the required building location. Build-to lines shall be measured from the predominant curbline (not including bulb outs) or future curbline where no curb currently exists. shall be at or between the two established street façade locations;

2. If an adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. exists on only one side of the property, the build-to lineClosed The line a set distance from the back of curb establishing the required building location. Build-to lines shall be measured from the predominant curbline (not including bulb outs) or future curbline where no curb currently exists. shall be within two feet of the existing street façade location; or

3. If no adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. buildings exist, the corresponding DD sub-district build-to zoneClosed In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located. shall apply.

4. On corner lots, the standards of this section shall apply for each street façade.

D. Building Step-Backs

BuildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. step-backs shall meet the preservation plan requirements through the issuance of a COA and shall be exempt from the height articulationClosed An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety. requirements of paragraph 16.3.3C.1, DD District.

E. Height

1. Maximum height shall be determined by the underlying DD sub-district.

2. The HPC may allow height greater than that of the highest ‘pivotal’ or ‘contributing’ structureClosed A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. (as assigned in the Downtown Durham Historic District Preservation Plan) only by making the following additional findings:

a. The proposed developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. allows for adequate light, air and open spaceClosed Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. access to adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. properties; and

b. Given consideration of the height of structures in the immediate vicinity, the proposed developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. does not adversely affect the character of the historic district.

3. The HPC may limit height below the maximum allowed in order to find that the proposal is consistent with the adopted Historic Properties Local Review Criteria, as amended.