Oakhurst Historic District: The words "should" and "should not" appear frequently through the proposal. Understanding their definition, how ill this type of language be enforced

Tuesday, April 10, 2007

Should and should not are used in lieu of must or must not because there must be some leeway when desicussing the design guidelines. There is also a procedure for granting variances from the ordinance.

Freqently asked questions

Frequently asked questions: Do I have any say as to whether my property is included in a Local Historic District? Yes. You are being informed of prior to the application process so that your questions and concerns can be addressed. Before a Local Historic District is designated, all residents and owners of property in the proposed district have the opportunity to express their views at public hearings. Will inclusion in a Local Historic District restrict how I may use my property? No. Historic district designations do not restrict zoning or land use. There are no new restrictions place on how properties in historic districts may be used. What might happen to the value of my property if it is included in a Local Historic District? Designation of an area as a historic district will not directly affect property values. Because Local Historic Districts properties have some protection and tax incentives available owners may be more inclined to make improvements to their properties, and this may increase the value of all property in a given district. Are all buildings in Historic Districts necessarily historic? No. When the boundaries are drawn for a local historic district, it will often include non-historic properties as well. Changes made to non-historic properties can often be done in a way that will enhance or be in keeping with the integrity of the entire district. Often improvements will increase property values to both historic and non-historic structures. Will inclusion in a local Historic District require me to make repairs/renovations to my property? No. There is no requirement for you to undertake renovation or changes to your home. The design guidelines apply to major renovations, demolition, and new construction. Routine maintenance of your home is not restricted. Who determines the design guidelines of the Local Historic District? Residents and property owners within the Local Historic District determine the design guidelines for the district. The guidelines are currently being developed and your input is requested. The purpose of the guidelines will be to protect the distinguishing historic character and integrity of the district, provide guidance to people undertaking construction, and increase public awareness of historic structures. Will the Certificate of Appropriateness process increase the cost and time of renovation to my home? Obtaining a certificate of appropriateness is an additional step in your renovation process. Neighbors from the other Local Historic Districts in Decatur report that this does not add significantly to the cost and time of your renovation project. Will complying to the design guidelines greatly increase the cost of a home renovation? There is no conclusive evidence that complying to design guidelines of a Local Historic District is more expensive than renovations outside of a Local Historic District when comparing renovations of the same quality. It is true that renovation costs may be decreased if not consideration is given to roof lines, window placement, window style and other design features. What is considered a contributing structure in the Oakhurst historic preservation district? While state law allows for any structure fifty or more years old to be designated as a historic property not all such structures have been classified as contributing structures. The Oakhurst Historic District’s contributing structures are built pre World War II. Why are there non-contributing structures included in the Oakhurst Historic District? Most of the non-contributing structures in the district are surrounded by or adjacent to contributing structures. The inclusion of these properties facilitates the ability of the Historic Preservation Commission to mitigate the impact of redevelopment within the district. How do I get a certificate of appropriateness? The Historic Preservation Commission issues certificates at its monthly meetings. Eight copies of plans need to be submitted to the commission for considerations a few weeks prior to the meeting. What recourse do I have if the Historic Preservation Commission declines my request for a certificate of appropriateness? The City Commission hears appeals of the Historic Preservation Commission’s decision and may override their decisions. DeKalb Superior Court will hear appeals of the City Commission’s decision and may override the City Commission’s decision. Are there any expenses or fees associated with being in a Local Historic District? The City of Decatur assesses no additional taxes or fees to residents or property owners in Local Historic Districts.

Oakhurst Historic District

Tuesday, April 10, 2007

The words "should" and "should not" appear frequently through the proposal. Understanding their definition, how ill this type of language be enforced

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