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Design Review Design Review Manual Manual Burlington Historic Preservation Commission Burlington Historic Preservation Commission Burlington, North Carolina Burlington, North Carolina ---PAGE BREAK--- A. Statement of Philosophy The North Carolina State Legislature has stated in N.C.G.S. 160A-400.1 that “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.” For these reasons, the State authorized its cities and counties: 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.” The City Council may designate both districts and individual properties based on the above criteria. In 1987, Burlington’s first locally designated district was established in West Burlington on portions of West Davis Street, West Front Street and Fountain Place along with connecting side streets. Twelve years later, in 1999, Burlington’s second locally designated district was established on the city’s northern periphery at Glencoe along Glencoe, Hodges and River roads. Both districts were designated by City Council as an overlay to existing zoning. The designation gives the Historic Preservation Commission the legal authority to review and regulate proposed changes to buildings, landscaping, and archaeological resources in these districts. Properties within the district may not be significantly changed, moved, or demolished without a Certificate of Appropriateness from the Historic Preservation Commission. Historic district zoning is not intended to create museum districts, nor is it limited to saving very old and very grand architectural landmarks. Rather, historic districts are created because, taken as a whole, they embody important elements of a city’s culture and history. Therefore, when considering projects within a district, the Commission is charged with looking not only at alterations to an individual structure, but the effect those changes will have on the district as a whole. Changes within historic districts is inevitable. Historic districts should blend the best of both old and new, while ensuring that the special character of these areas is maintained. It is the responsibility of the Historic Preservation Commission to see that the exterior of new buildings and exterior changes to existing structures are compatible with the overall character of the districts. In 1990, the first three locally regulated historic properties were designated by City Council. These properties included the Minter A. Coble House at 510 East Davis Street, the Dentzel Carousel and the Railroad Depot. Designation requires a detailed research report and City Council approval. Local designated properties should be individually important enough to the community to warrant special attention. Once designated, the property may not be significantly changed, moved or demolished without a Certificate of Appropriateness from the Commission. By such designation and regulation of historic districts and individual properties, the City of Burlington and the Historic Preservation Commission hope to stabilize the remaining historic housing stock, to encourage the efforts of area residents to conserve the environment of the historic neighborhoods, and to protect Burlington’s heritage. I. INTRODUCTION Design Review Manual Introduction Page I-1 ---PAGE BREAK--- Design Review Manual Introduction Page I-2 B. Historic Preservation Commission The Historic Preservation Commission is a regulatory and advisory board composed of seven to twelve members appointed by City Council to administer historic district and locally designated historic property regulations. Commission members are selected based on their special interest, experience, or education in architecture, archaeology or history. The Commission operates under an approved set of Rules of Procedure. The Commission’s primary responsibility is to review applications for Certificates of Appropriateness. This review ensures that proposed changes within the historic districts, demolition, moving of buildings and landscape improvements are consistent with the Design Review Guidelines. Some of the other responsibilities are as follows: a) Recommend historic properties and districts to City Council for local designation. b) Advise the Planning and Zoning Commission regarding proposed zoning changes within historic districts. c) Recommend to the Board of Adjustment that certain variances to dimensional requirements be granted in historic districts when the proposed project is in conformance with the Design Review Guidelines. d) Provide technical advice about restoration and home improvement projects. e) Carry out public education programs to increase public awareness of Burlington’s heritage through its architecture. f) Encourage the rescue and maintenance of irreplaceable historic resources which are threatened. The Commission meets on the second Tuesday of each month at 7:30 p.m.1 in the Planning Department Conference Room #101 of the Municipal Building. Because the Commission is a quasi-judicial body, certain meeting procedures must be followed, including swearing in of speakers and notification of owners of property within 100 feet of a project being considered. C. Design Review Committee The Design Review Committee is composed of three to five members of the Historic Preservation Commission who have experience or education in the field of architecture, design and construction. In addition, up to three members from the community at large may be appointed to this committee by the Commission based on their expertise in the fields of architecture, landscape architecture or historic preservation. The primary task of this committee is to meet with property owners, to review the proposed projects and to advise the Historic Preservation Commission. In addition, the committee is available to provide technical advice about improvement projects and restoration techniques at the request of property owners. For major projects, such as new construction, additions or major landscaping, applicants are advised to submit a preliminary plan to the Design Review Committee early in the planning stage. Review of the proposed projects and concepts before detailed drawings are prepared can save time and expense. In this way, potential conflicts with the guidelines can be resolved. The Design Review Committee meets at least once each month to review all upcoming applications for Certificates of Appropriateness which are scheduled for review by the Commission. The Committee will also meet at other times upon request. Meetings with this committee can be scheduled by Planning Department staff. 1 Amended 4/13/93 from 7:00 p.m. to 7:30 p.m. ---PAGE BREAK--- Design Review Manual Obtaining a Certificate of Appropriateness Page II-1 II. OBTAINING A CERTIFICATE OF APPROPRIATENESS A. Procedure A Certificate of Appropriateness is a document issued by the Historic Preservation Commission, indicating the Commission’s approval of proposed exterior alterations, new construction or demolition. Exterior alterations of any building which is located in a historic district or which is a locally designated individual historic property cannot be materially altered, restored, moved or demolished unless a Certificate of Appropriateness has been issued. Some landscaping or archaeological projects also require a Certificate of Appropriateness. The Planning Department should be consulted before any exterior work (including tree removal) is begun to determine if a Certificate of Appropriateness is needed. Normal maintenance such as replacing broken window panes or pruning shrubbery will generally not require approval, but it is a good idea to make sure before the work is started. Application forms for a Certificate of Appropriateness and copies of the Design Review Guidelines are available in the Planning Department and can be mailed upon request. There is no application fee. The Planning Department can assist in the preparation of the application. In many cases, applications can by approved by the Planning Department staff with no delay. The staff is authorized to approve minor projects such as re-roofing, tree removal, and masonry repairs. However, the staff may not deny the application. If a minor project does not clearly meet the guidelines, the staff will forward the application to the Historic Preservation Commission for consideration. For maintenance and repair work, a brief description may be sufficient. The application must clearly describe the work that is being proposed and must include appropriate supporting materials. However, if the work involves a change to the appearance of a building, then a scaled drawing will normally be required. Proper documentation is essential in order for the Commission to do its job of evaluating the project with respect to the Design Review Guidelines. For new construction, additions and accessory buildings, scaled elevation drawings are required along with a site plan and a landscape plan. Improvements such as parking areas, driveways, walks, fences, patios, and decks must be shown on a survey or measured diagram of the property. Samples of material, manufacturer’s brochures and photographs, etc. should be provided if appropriate. It is important to plan projects well in advance because the review process requires a certain amount of lead time. Applications should be complete and submitted to the Planning Department staff no later than fifteen1 working days prior to the next regularly scheduled meeting of the Commission. Property owners are urged to submit their applications as early as possible so that the staff can determine if the application is complete; that is, all illustrative material necessary to describe the project has been submitted. The applicant is encouraged to present during the Commission meeting when the application is being considered. If the applicant cannot attend, a representative who can speak for and legally bind the applicant should be 1 Amended 4/13/93 from 10 working days to 15 working days ---PAGE BREAK--- Design Review Manual Obtaining a Certificate of Appropriateness Page II-2 present. The applicant and any adjacent property owners will be given the opportunity at the meeting to make comments or to ask questions. Building Permits will not be issued for exterior work in the historic district without a Certificate of Appropriateness. A Building Permit is required for any structural repairs. A permit is also required for improvements to a property where the cost exceeds $5,000. The term “structural” refers to essential construction elements such as the foundation, framing and roof. A permit is also required for any work involving the electrical, heating, air conditioning and plumbing systems. The Inspections Department should be contacted at 222-5080 to see if a permit is required. A Building Permit ensures that the work will be inspected for compliance with the State Building Code. The fee is based on the estimated cost of the work. Please note that a Certificate of Appropriateness may be required even if a Building Permit is not issued for a project. If a projects does not conform to the dimensional or setback requirements of City Code, a variance from the Board of Adjustment must be obtained after the Commission’s approval for a Certificate of Appropriateness. The Board of Adjustment meets on the second Tuesday of each month at 8:30 a.m. in the Municipal Building. Applications for a variance may be obtained in the Inspections Department. The current application fee is $100.00. The Historic Preservation Commission will assist in the application for a variance if the projects has been approved by the Commission. B. Description of Projects For administrative purposes, exterior work items are divided into three categories: · Normal maintenance · Minor work · Major work 1. Normal Maintenance Normal maintenance does not require a Certificate of Appropriateness, since no reversible or significant change is made to the property. Included under normal maintenance are the following: a. Public Right-of-Way 1. Sealing and patching sidewalks. 2. Marking pavement. 3. Repairing sidewalks. 4. Resurfacing streets. 5. Maintaining utility poles and wires. 6. Maintaining signals and street lights. 7. Repairing underground utilities. 8. Maintaining landscape. ---PAGE BREAK--- Design Review Manual Obtaining a Certificate of Appropriateness Page II-3 1 Added 4/11/95 9. Trimming or pruning work of trees necessary to remove dead, broken or injured branches or to suppress uneven growth (such as removal of water sprouts or crossed or rubbing branches within the tree canopy). Lower branches less than two inches in diameter in size which pose an obstacle to vehicle or pedestrian traffic may be removed.1 b. Private or Public Property 1. Painting siding or trim. (Masonry which previously was unpainted is listed as major work.) 2. Replacement of window glass. 3. Caulking and weather-stripping. 4. Installation, repair or replacement of air conditioners, television antennae and other temporary mechanical equipment which cannot easily be seen from the street or are screened from view with shrubbery or appropriate fencing. 5. Minor landscaping, including vegetable and flower gardens, shrubbery and rear yard trees. 6. Pruning (not topping) trees and shrubbery and removal of trees less than four inches in diameter. 7. Repairs to walks, patios, fences and driveways as long as replacement materials match the original or existing material in detail, dimension and color. 8. Replacement of small amounts of missing or deteriorated siding, trim, roof shingles, porch flooring, etc., as long as replacement materials match the original in detail and color. (For siding, roofing and porch flooring, approximately twenty (20) square feet or less will be considered normal maintenance.) 9. Installation of storm windows and doors as long as trim color matches the house trim color and the storm door is the “full view” type. 10. Installation of gutters and downspouts (as long as the color matches the house trim color), roof ventilators on rear slopes, and chimney caps. 11. Erection of temporary signs (real estate, political, etc.) 12. Installation of house numbers, mailboxes and flag brackets. 13. Removal of aluminum awnings. 14. Removal of cinderblock walks or steps. Removal of railroad ties or landscape timbers around planting beds. 15. Removal of aluminum storm doors and windows. 16. Removal of metal storage buildings. 17. Erection, alteration or removal of temporary features that are necessary to ease difficulties associated with a medical condition, but do not permanently alter exterior features and are not visible from the street. 18. Repair or removal of signs. 19. Repairs to lighting fixtures as long as replacement materials match the original or existing materials in detail. 20. Removal of a satellite dish. 21. Removal or replacement of existing canvas awnings and canopies. 22. Underground tank removal. ---PAGE BREAK--- Design Review Manual Obtaining a Certificate of Appropriateness Page II-4 2. Minor Work Minor work items do require a Certificate of Appropriateness. However, minor work items can be approved by the Planning Department if the work is consistent with the Design Review Guidelines. A Certificate of Appropriateness can be issued as soon as the completed application, including all documentation, is submitted. If the Planning Department staff cannot approve the proposed work, the application must be presented to the Historic Preservation Commission for review. Minor work projects include various projects in which the visual character of the structure or ground is not substantially changed, including the following specific items: a. Public Right-of-Way 1. Construction or repair of curbs and gutters. 2. Addition of utility poles and wires. 3. Installation of traffic and parking signs. 4. Repair of entrance markers, fountains, and street accessories (benches, mailboxes, trash cans). 5. Pruning, treating, trenching or grading within the drip line or removal of any street trees. The applicant must first obtain written permission from the City of Burlington Tree Advisory Committee.1 6. Pruning, treating, trenching or grading within the drip line or removal of any tree on the public right-of-way by public or private utility companies.2 b. Private or Public Property 1. Side and rear yard fences. 2. Minor landscaping projects including the removal of dead or diseased trees with trunks more than four inches in diameter on private property in West Burlington and more than fifteen (15) inches in diameter on private property in Glencoe as measured four feet above ground level. 3 3. Replacement of asphalt or fiberglass roof coverings with dark colored asphalt or fiberglass shingles; replacement of slate, tile or metal roof covering where there is no change in material or visual appearance. 4. Installation of television satellite dishes or permanent mechanical equipment which cannot be seen from the street. 5. Repair or replacement of masonry foundations, installation of metal foundation vents and replacement of wood access doors. 6. Minor repointing and other masonry and stone repairs such as loose bricks in steps. 7. Repair, replacement or installation of exterior lighting fixtures which comply with the guide- lines and are appropriate to the structure. 8. Removal of asbestos, asphalt, or other artificial siding when the original siding is to be repaired and repainted. However, the replacement of original documented siding is considered major work. 1 Amended 4/11/95 2 Added 4/11/95 3 Amended 2/8/00 ---PAGE BREAK--- Design Review Manual Obtaining a Certificate of Appropriateness Page II-5 9. Repair or replacement of exterior stairs, landing and steps which are made of masonry or wood and are compatible with the design of the structure. 10. Replacement of missing or deteriorated architectural details including siding and trim, porch floors, ceilings, columns, balustrades, or other architectural details with new materials that are identical to the original details. 11. Removal of deteriorated accessory buildings which are not original to the site or otherwise historically significant. 12. Construction or replacement of retaining walls. 13. Removal of non-original chimneys. 14. Extensions of Certificates of Appropriateness. 15. Repair or replacement of original shutters with those similar to the original. Removal of non- working, non-wood shutters. 16. Partial replacement or repair of missing chimney materials or features as long as replacements match the original. 3. Major Work Major work must be approved by the Historic Preservation Commission. In general, these projects involve a change in the appearance of a building or landscape and are more substantial in nature than minor work projects. These include, but are not limited to the following: a. Public Right-of-Way 1. Widening or realignment of streets. 2. Constructing bike or walking paths. 3. New curb cuts or cuts into existing sidewalks. 4. Constructing new sidewalks. 5. New street lighting. 6. Major changes to landscaping, planting. 7. New street furniture (benches, trash cans, mailboxes and newspaper racks). 8. Installing or replacing playground equipment in public areas. 9. Altering the topography. 10. Installing new street names or identification signs. 11. Construction of new bridges or making changes to existing bridges. b. Private or Public Property 1. New construction, additions to a building or new accessory structures. 2. Demolition of any part of an existing structure or landscape feature. 3. Ground disturbing activities that affect known archaeological resources on the site. 4. Moving of structures. 5. Permanent signs. ---PAGE BREAK--- Design Review Manual Obtaining a Certificate of Appropriateness Page II-6 6. New or replacement parking areas, walks or driveways where there is a change to color, dimensions, location or material from the original. 7. Replacement of architectural details when there will be a change in the appearance of the structure. 8. Resurfacing buildings with new materials. 9. Changing the roof line. Repair or replacement of roof coverings where there is a change in material. Replacement of asphalt or fiberglass roofing material with light-colored shingles. 10. Installation of fire exits, fire escapes or secondary entrances. 11. Replacement of windows or doors; removal, addition, or replacing of garage doors. 12. Major landscaping changes. 13. Swimming pools. 14. New patios, decks or terraces. 15. Tree topping involving the removal of more than one-third of the green surface of the canopy on private property. For more on tree topping in the public row, see pages V-2 - V-4. 16. Removal of healthy trees with trunks more than four inches in diameter in West Burlington and more than fifteen (15) inches in diameter in Glencoe as measured four feet above ground level.1 17. Construction or replacement of a chimney or removal of an original chimney where visible from the street. 18. Installation of shutters where they have not previously existed. 19. Removal (without replacement) of original shutters. 20. Installation of permanent handicapped ramps or temporary ramps which are visible from the street. 21. Installation of awning or canopies where they have not previously existed. 22. Front yard fences on any site or side yard fences on a corner lot. 23. Addition of porch handrails or balustrade. 24. Porch enclosures. 25. Abrasive cleaning methods such as sandblasting. 26. Grading of property. 27. Step or stair replacement where there is a change in design. 28. Applying stucco to masonry. 29. Painting masonry which was not previously painted. 30. Installation of skylights or solar panels. 31. Installation of new site features such as gazebos, trellises, fountains, walk lights and walls. 32. Roofing over built-in gutters or installing gutters which obscure or change architectural detailing of facade. 33. Waterproof coatings on original masonry. 34. Roof ventilators which are visible from the street. 35. Minor work items not approved by Planning Department staff. 1 Amended 2/8/00 ---PAGE BREAK--- Design Review Manual Obtaining a Certificate of Appropriateness Page II-7 C. Violations and Penalties A violation of the rules and regulations of the Historic Preservation Commission constitutes a civil offense and is subject to a fine of $50.00 per day per offense. The City Building Inspector is responsible for inspecting the property, notifying the owner in writing of the violation, indicating the nature of the violation, and ordering the action necessary to correct it. Violations include, but are not limited to, undertaking any work other than normal maintenance without securing approval in the form of a Certificate of Appropriateness or executing work in a way other than that which was approved. D. Appeals Appeals of decisions of the Historic Preservation Commission are made to the City’s Board of Adjustment. An application for appeal should be filed with the Inspections Department, and the deadline is ten days after the decision of the Historic Preservation Commission. The fee for filing an appeal is $50.00. Appeals are in the nature of “certiorari,” a legal term meaning that the aggrieved party feels that the Commission did not follow its rules and procedures property in reaching its decision. The Board of Adjustment rules only on Commission procedure and will look at the record of the meeting to determine whether or not the Commission found sufficient factual evidence to support its decision. The Board of Adjustment does not rule on the appropriateness of the design. Appeals of decisions of the Board of Adjustment are filed with the Superior Court of Alamance County.