USA > North Carolina > Hertford County > Historic preservation, Hertford County, North Carolina > Part 1
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HISTORIC PRESERVATION
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" ONCE LOST, A PAST LANDSCAPE CHARACTER CAN NEVER BE FULLY REGAINED"
A Review of the Historic District Program
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HISTORIC PRESERVATION HERTFORD COUNTY, NORTH CAROLINA
COUNTY COMMISSIONERS
PLANNING BOARD
W. T. Modlin, Chairman
Hunter Sharpe, Jr. Fred Jones Earl Lewis R. Gilbert Whitley
Joseph Morris, Chairman
Thomas Bowles
Horace Brown
W. B. Gillam
J. P. Harris
HISTORIC DISTRICT COMMISSION
Rachel Pittman, Chairman Lou Mason Majorie Riddick Dillard Riddick
PREPARED BY
NORTH CAROLINA DEPARTMENT OF NATURAL AND ECONOMIC RESOURCES Division of Community Assistance Northeastern Field Office Thomas B. Richter, Chief Planner Sue Ann Kulick, Community Development Planner
May 1976
State Library of North Carolina Raleigh
Digitized by the Internet Archive in 2017 with funding from State Library of North Carolina
https://archive.org/details/historicpreserva00nort 0
TABLE OF CONTENTS
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Background and Intent
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Status of the Historic Preservation Program in Hertford County
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Authority
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Administration and Legality
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Alternatives
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Recommendations 7
Criteria for Evaluation
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Recommendations for a Historic District Program, Rules of Procedure, Staffing and Training
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Inventory of Historic Sites
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Finished Work 17
Work to be Completed
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Appendix 23
Background and Intent
Early in 1975 the Hertford County Planning Board began work on amendments to the Zoning Ordinance. These amendments were predominately concerned with the addition of conditional uses to the ordinance. At the same time, the Board was approached with a request for guidance on how to go about using a certain piece of property as an antique shop. Because the property was of some historical interest, the Planning Board decided to consider the possibilities of adding an Historical District to the Zoning Ordinance while they also considered the conditional uses. In the end the Zoning Ordinance was amended to include specific conditional uses while also providing for historic districts. Ironically, the request for the antique shop can now be handled as a conditional use and the Historical District addition to the ordinance became unnecessary - at least as far as this particular antique shop was concerned.
However, it is very obvious that Historic Preservation Programs can be of great benefit to a community (including counties) such as Hertford. When we look at the benefits which can accrue to a county undertaking a preservation program we see improved community appearance, stabilized or upgraded property values, uplifted community spirit and various other possibilities. In Hertford's situation the outdoor recreation development potential of historic sites has been rated excellent by the Soil Conserva- tion Service. With such good credentials it would be a shame to see the county undertake a program that was less than the best and thereby lose an excellent opportunity for improvement to the county. This review is intended to clarify the county's present responsibilities under the recently amended Zoning Ordinance and to point out the various historic preservation alternatives available.
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STATUS OF THE HISTORIC PRESERVATION PROGRAM IN HERTFORD COUNTY
Two major problems surfaced concerning the administration of the Historic District Preservation program. The first of the problems centered on reserva- tions expressed by the N. C. Division of Archives and History. These reserva- tions dealt with the appropriateness of rural historic districts from both an administrative and a legal viewpoint.
The second problem surfaced when the Hertford County Planning Board and the newly organized Historic District Commission were initially advised of their authority. Both the Board and the Commission were quite aghast at the amount of control they could exercise over changes in the historic districts. The Commis- sion was prepared to resign, stating that they had no idea that such a strong ordinance had been put in their hands. The Planning Board concurred.
To address these two problem areas, it is necessary first to review the state enabling legislation and the sufficiency of the amended zoning ordinance both of which are included in the Appendix of this document. Of particular importance are the sections describing the certificate of appropriateness, which prompted most of the controversy over authority and control of private property.
The state enabling legislation which gives towns and counties the authority to create historic districts and historic properties commissions is also in the Appendix.
The Historic District amendment to the zoning ordinance is soundly written, and if administered, should pose no legal problems (personal conversation with Robert Stipe, Historic Preservation Planner, Institute of Government, and former Director of Archives and History) .
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The Authority Issue
Changes in the outward appearance of any building or surrounding landscape in an historic district is strictly controlled by the Historic District Commis- sion. However, the ultimate change in an historic property-its demolition-cannot be stopped. The commission also has no authority to require work to be done (i.e., require repairs or renovation) and only the exterior of a building can be regu- lated. Interiors cannot be regulated.
The strict regulation of historically significant private property is obviously a touchy issue in Hertford County. But the issue must be faced. On the one hand close regulation of property results in protection of historic sites - most of the time. On the other hand a less. restrictive preservation program will not provide the same level of protective supervision and therefore historic sites may be destroyed, often unintentionally.
The Question of Administrative and Legal Appropriateness
From its statewide perspective the Division of Archives and History has ex- pressed reservations about Hertford County's Historic District program. Because the concept of rural historic districts is in its infancy and because there have been no major court cases on historic preservation in North Carolina, Archives and History is concerned that a poorly administered county program will wind up in court, setting precedents which may drastically alter the other preservation programs in the State. An historic district preservation program is quite diffi- cult to carry out, especially because there is so little precedent on which to rely for guidance. It requires great attention to procedural rules, legal re- quirements, and administrative details. Such a program is complicated at the city level and becomes even more so on a county-wide basis. The program also relies heavily on the expertise of all of the many people involved, including the
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zoning officer, the Board of Adjustment, the building inspector, and the Historic District Commission itself. Finally, the program is a very visible one, constant- ly subject to heavy private and public pressure.
The issue of spot zoning has been raised in Hertford County because the majority of the significant structures are single and isolated. The legality of spot zoning has been sited as further reason to abandon the historic district program. However, spot zoning is not a valid issue in Historic District preser- vation for the following reasons.
Spot zoning describes a type of zoning which involves a small area (a spot) and which permits a use which is different from the predominant use. This type of rezoning is invalid only when the rezoning is found to be arbitrary and/or inappropriate, - Arbitrary or inappropriate action is usually one of the follow- ing:
1. Action directed at some improper purpose. For example, racial segregation or punishment for personal reasons.
2. Action which is not well adapted to a carrying out its intended purpose. In other words, action which is simply not likely to have the intended result or which also results in prohibiting a large number of harmless activities.
3. Action with no discernible reason.
The courts, also consider the following points when determining whether or not to uphold a zoning decision:
1. Is the zoning change according to a comprehensive plan? If so, the action was not likely to be arbitrary or inappropriate.
2. Is the permitted use in the rezoning case very different from the prevailing use in the surrounding area? For instance, permitting an industrial or busi- ness use in a residential area may be considered arbitrary.
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3. Is the area quite small - one lot or a few? If so, the court gets suspicious and looks into the justification and motivation for the rezoning rather carefully. However, large tracts are often passed over and therefore the appropriateness of a rezoning action does not rest on size alone or the doctrine would provide protection against small mistakes but not large ones.
4. Is the change to a less restrictive district for the benefit of the whole community or does it merely provide an advantage (a special privilege) for a special developer or relieve a small tract from the restrictions applying generally to the whole tract? If for the latter two reasons, the action may be inappropriate.
5. Does the change create disharmony with the surrounding area? If so, this does not necessarily mean that the rezoning was improper because whenever districts . adjoin each other, disharmony results .-
After reading this list of criteria by which a spot zoning case is judged, it is apparent that even a single historic structure would rarely be subjected to litigation simply on the grounds that it is spot zoning.
Alternatives
Although a historic districts program is difficult to administer, the main problem seems to be a lack of enthusiasm by the Planning Board and the Historic District Commission over enforcing such a strict program. However, resolving this question is not the perogative of the Historic District Commission nor of the Planning Board; it is the responsibility of the Hertford County Board of Commis- sioners after appropriate recommendations from both the Planning Board and the Historic District Commission. Several alternatives are possible.
1/ Chapter 27 of American Land Planning Law.
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Alternative 1
Enforce the Historic District program in its entirety.
The zoning amendment is well written and if carefully administered is . capable of preserving the historic rural landscape and architectural features of the Hertford countryside. The goals set out in the amendment are commendable. Their message is hard to ignore and should be repeated: Once a historically significant structure is gone, it can never be regained.
A decision to enforce the historic district amendment is a decision to provide the best available means of protection for the county's historic re- sources.
Alternative II'
Enforce the historic district program slowly and selectively with the full approval and cooperation of each property owner, or for protection of those sites of greatest historic value.
A gradual easing into the program would provide time to iron out any prob- lems, in essence a practice run. If the owners are planning on preserving the site anyway, designation as an historic district would not be a burden to them. Progress could then be followed by the public and more widespread acceptance of the program might result.
Alternative III
Repeal the historic district amendments.
Such an action would be handled as a regular zoning amendment and is appro- priate only if the county never intends to staff and administer the historic districts program.
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Alternative IV
Balance the preservation program by adding an Historic Properties Ordinance but still retaining the historic district concept.
This possibility provides a true alternative if the county wants a preser- vation program that is not as restrictive as an historic districts program. Although an historic properties program offers many advantages, changes to structures cannot be regulated as thoroughly as in an historic district program.
Recommendations
The historic district program is the best way to preserve Hertford County's historic resources. However, in view of the Historic District Commission's and Planning Board's reservations, alternative IV is recommended. The initiation of a historic properties program will provide a solid foundation for a success- ful preservation program. The current historic districts program was simply too big a step for the county to take the first time. A properties program will be a good means of laying the needed groundwork that will create a program with widespread public support. The enabling legislation is included in the Appendix,
As one can see, the historic properties ordinance differs from an historic district program in the following areas.
- The Historic Properties Commission (HPC) designates properties as historic after lengthy investigation and this designation entitles the property owner to a 50% ad valorem tax reduction.
- The HPC may only use persuasion to control changes to the property. However, if the property is changed enough to destroy its historic characteristics, the HPC will revoke the historic properties designation, and the owner will lose the tax break and must pay back taxes plus interest.
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- The HPC has authority to buy, sell, lease, trade or otherwise manage property. Outright purchase is often the only way to protect certain structures and is the only means of preserving interior details.
The following actions are required if the county decides to begin an Historic Properties Program.
- The Board of Commissioners must designate an Historic Properties Commission (HPC) .
- The HPC must make (or have some else make) an investigation and report of the historical, architectural, educational, or cultural significance of each building, structure, site, area, or object which they are considered for desig- nation as an historic property or for acquisition.
- The HPC then recommends to the Board of Commissioners what should be designated 3 by ordinance as "historic properties."
- The N. C. Department of Cultural Resources is to analyze the HPC report and is to make recommendations on it.
- The HPC and Board of Commissioners must then hold a public hearing on the proposed ordinance. Notice of the hearing must be published and notice must be sent to all owners and occupants of the properties.
- Following the Public Hearing the Board of Commissioners may adopt, amend, or reject the ordinance.
- The Board may adopt the ordinance designating one or more historic properties based on the following criteria.
- historical and cultural significance -
- suitability for preservation or restoration -
- educational value -
- cost of acquisition, restoration, maintenance, operation or repair -
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- possibilities for adaptive or alternative use of the property -
- appraised value -
- the administrative and financial responsibility of any person or organization willing to underwrite all or a portion of such costs -
Before the structure (or object) may be designated, it must also meet the criteria established for the inclusion of the property in the National Register of Historic Places. These criteria must be evidenced by appropriate findings in resolutions of the HPC. These criteria follow.
Criteria for Evaluation !!
The following criteria are designed to guide the States and the Secretary of the Interior in evaluating potential entries (other than areas of the National Park System and National Historic Landmarks) to the National Register:
The quality of significance in American history, architecture, archeology, and culture is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and:
(A) that are associated with events that have made a significant con- tribution to the broad patterns of our history; or
(B) that are associated with the lives of persons significant in our past; or
(C) that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguish- able entity whose components may lack individual distinction; or
(D) that have yielded, or may be likely to yield, information important in prehistory or history.
17 THE NATIONAL REGISTER OF HISTORIC PLACES, U. S. Dept. of Interior, National Park Service.
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Ordinarily cemeteries, birthplaces, or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall not be considered eligible for the National Register. However, such properties will. qualify if they are integral parts of districts that do meet the criteria or if they fall within the follow- ing categories:
(A) a religious property deriving primary significance from architectual or artistic distinction or historical importance; or
(B) a building or structure removed from its original location but which is significant primarily for architectural value, or which is the sur- viving structure most importantly associated with a historic person or event; or
(C) a birthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building directly associated with his productive life; or
(D) a cemetery which derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; or
(E) a reconstructed building when accurately executed in a suitable environ- ment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; or
(F) a property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own historical significance; or
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(G) a property achieving significane within the past 50 years if it is of exceptional importance.
Upon adoption of the ordinance:
- each owner and occupant of the property must be notified. .
- a copy of the ordinance and any amendments shall be filed with the register of deeds.
- each historic property shall be indexed according to the name of the property owner in the grantor and grantee indexes. The HPC shall pay a fee for this service.
- a copy of the ordinance and all amendments shall be given to the building inspector.
- the historic property shall be clearly indicated on all tax maps.
- notice shall be given to the tax supervisor and the designation and any recorded restrictions upon the property limiting its use for preservation purposes shall be considered by the tax, supervisor in appraising it for tax purposes.
- the property may be demolished, materially altered, remodeled, or removed only after 90 days written notice has been given to the HPC.
As part of its duties the HPC is expected to organize and carry out an educational program to further the goal of historic preservation. The key component in the education program would be informing the citizens how the preser- vation program works, what the present program is intended to do, and why it is being undertaken. Informing and involving the citizens serves to insure against misunderstanding about what the program will or will not do. This education process should also provide for citizen input. An excellent example of citizen input is a questionnaire sent to residents of Chapel Hill, N. C. The questionnaire helped their planning board determine which characteristics were most important
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to the people. The sidewalks, vegetation, and stone walls rated very high and therefore more attention was focused on their preservation. Certainly a survey of public opinion can help focus the actions for any future education and public relations efforts.
Further possibilities include:
- a regular news column on historic preservation which would discuss actions taken by the county and HPC, historic tidbits of information, explanation of architectural elements, etc.
- a picture book of architectural details for the benefit of those people who don't know what to look for in historic architecture
- a car tour mapped around the county that points out some of the most interesting places
- further coordination with the towns in developing a truly county-wide program.
Recommendations for a Historic District Program, rules of procedure, staffing, and training
Many of the pitfalls encountered in an historic properties program may also be found in an historic district program. It is strongly emphasized that the following procedural issues in properties programs be carefully reviewed and applied to the historic districts programs.
If the county decides to implement the district program, the following action will be necessary:
- The planning board must designate historic districts by making an investigation and report on the historic significance of the building, structure, features, sites or surroundings included in the proposed district.
- The planning board must write a description of the boundaries of the district.
- These two items must be sent to the N. C. Department of Cultural Resources for analysis.
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- Before adopting specific districts the planning board must appoint a historic district commission.
- The planning board then proceeds as required for adoption or amendment of any appropriate zoning ordinance provisions.
- The historic district commission should be prepared to administer the pro- gram as soon as districts are designated.
The following is the responsibility of the Historic District Commission. Prepare Rules of Procedure
Legal authority (and threat of litigation) rests on how the commission carries out its business. Therefore, rules of procedure should be explicitly laid out and consistently followed to protect the program from accusations stemming from '"arbitrary and inappropriate" actions.
The rules from the Salisbury N. C. Historic District Commission are included in the Appendix of this report as a good example. In Salisbury's case however, the commission did not follow its well written rules, was taken to court, and lost.
Set Standards
Although the criteria for issuing a Certificate of Appropriateness are set out in the zoning ordinance, a working report which graphically depicts the criteria would be of benefit. The following example is taken from a Savannah, Georgia report done by the Planning Consulting Firm of Eric Hill & Associates. Graphics from this report are also included in the Appendix as examples applicable to Hertford County.
When a particular building is involved, the commission must insure that the planning board or staff has recorded all pertinent details of the structure which make it significant. These details which give the strucutre its significance
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are the details with which the commission will be concerned when they decide the appropriateness of any changes.
Base All Actions on Expert Advice
Much of the commission's work will involve technical, architectural, and planning (legal) questions. Retaining expert advisors lends authority to the whole program and certainly helps the commission "stick to its guns" based on unbiased advice.
It is suggested that the commission make use of the DNER planner on contract to the planning board and also contract with the Division of Archives and History to retain an architectural historian or other type of preservation planner.
Train all Staff Members
Gather together all the people who will be involved in the preservation program and explain each person's or each group's responsibility. The zoning administrator, building inspector, and Board of Adjustment, Planning Board, and each member of the commission, must understand all rules of procedure, timing requirements (for example, when an application is received) and the ordinance and enabling legislation. In the case of Salisbury, the Board of Adjustment did not follow proper procedure in hearing an appeal and the court ruled the Historic District Commission in error.
Historic Sites
Inventory of Hertford County
The foregoing recommendations are based on preliminary information gathered first hand from a countywide survey of architecturally significant structures. The survey shows that:
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- Hertford County has nearly 200 structures of architectural interest.
- A great deal of the charm of the structures comes from their rural setting, including long, scenic drives, and pastoral countryside with few distractions.
- Most pressure on the sites stems from unenlightened modernization of the structure or from neglect and decay.
The inventory was conducted by H. McKelden Smith from the N. C. Division of Archives and History and the planner-in-charge along with the help of several people who knew the country well. Every road in the county was driven and when- ever a likely looking structure appeared, it was more closely inspected. If it proved of interest, details were recorded on an inventory form and pictures were taken of the exterior and interior and a floor plan were recorded if entry was possible. The owner's name, the name of the house (for example, The Old Vann 1 Home) and an explicit location were also recorded.
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