Preservation Bulletin

Dear Preservation Friends,

We have continued to monitor House Bill 150/Senate Bill 139, and I would like to provide updated information to you on this significant preservation issue.

In my last bulletin, I gave you information I received from Representative Harry Warren. Unfortunately, Representative Warren was unclear about some of the details of the legislation, which we now know will have a significant impact on Chapel Hill's historic resources.

Representative Nelson Dollar, who drafted the bill, has provided more information that I would like to share with you. Here is an excerpt from our phone conversation:

 

CS: We understand that local historic districts are exempt from the legislation, but what about our Neighborhood Conservation Districts, which are zoning overlays for historic neighborhoods?

 

ND: Well, that question has come up and it's my view that a neighborhood zoning district that's in place would be fine. But I'm looking at that issue. Certainly moving forward, if all the property owners agree about a neighborhood overlay district, if they voluntarily all agree, then have at it.

 

CS: So does that mean that our zoning districts are exempt or that we have to have a unanimous decision by all property owners in the district for there to be design guidelines in place?

 

ND: I believe that currently you have to have 75% of property owners in agreement, and that does change to 100% of property owners in agreement. But that's moving forward, and I guess the question that you've got is for the overlay districts that are currently in place. I believe they stay in place, but I am looking into that because there are some different complexities there.

 

CS: The biggest concern from our community is individual property owners that come into historic neighborhoods and want to significantly alter a historic structure. And that's what our design guidelines are for, not just in our historic districts but in those neighborhood conservation districts that are zoning districts. They make sure that the renovations are sensitive to the character of the neighborhood and that they don't significantly alter character-defining features. Character-defining features are the exact things that are off limits according to this bill, so how does this bill affect that decision-making process?

 

ND: Municipalities have been regulating this process without having the underlying legislative authority to do a lot of what they've been doing.

 

(For more on this conversation, please contact me.) 

 

 

The North Carolina General Statute outlines the importance of local authority over the regulation of historic neighborhoods. GS160A-400.1 states:  

 

"The historical heritage of our State is one of our most valued and important assets. The conservation and preservation of historic districts and landmarks stabilize and increase property values in their areas and strengthen the overall economy of the State. This Part authorizes cities and counties of the State within their respective zoning jurisdictions and by means of listing, regulation, and acquisition:

 

(1) To safeguard the heritage of the city or county by preserving any district or landmark therein that embodies important elements of its culture, history, architectural history, or prehistory; and  

 

(2) To promote the use and conservation of such district or landmark for the education, pleasure and enrichment of the residents of the city or county and the State as a whole."

 

 

This bill significantly endangers the Town of Chapel Hill's ability to protect its historic neighborhoods. The result is that places that have been so negatively impacted by insensitive development that they no longer meet the requirements to be designated as local historic districts will likely lose the only protection they have left. Learn more about our Neighborhood Conservation Districts here.  

 

Please follow the links below to contact our representatives in the General Assembly and let them know that we want this bill to include exemptions for zoning overlays already in place. We must protect the fragile historic neighborhoods that are only protected by their designation as Neighborhood Conservation Districts. 

 

 

To learn more about House Bill 150 and the Representatives who sponsored it, click here. To read more about Senate Bill 139 and the representatives who sponsored it, click here.  

 

The bill has passed House of Representatives and has been referred to the Senate's Committee on Commerce. For more information about this committee or to contact its chairman, click here

 

To contact Senator Eleanor Kinnaird, click here.  

To contact Representative Insko (Orange County), click here.

To learn more about who your representatives are, click here.

 

 

Preservation Chapel Hill is here to be a resource for you, our members and our community, so please contact me if you have any questions about House Bill 150/Senate Bill 139 or any other preservation issue, at 919-942-7818 or [email protected].

 

Yours in preservation, 

 

Cheri Szcodronski  

Executive Director  

 

Preservation Chapel Hill
610 East Rosemary Street
Chapel Hill, North Carolina 27514
919 942-7818