A Historic overlay district is a layer of local planning regulation in the United States which incorporates the restrictions of the underlying zoning

Zoning

Zoning is a device of land use planning used by local governments in most developed countries. The word is derived from the practice of designating permitted uses of land based on mapped zones which separate one set of land uses from another...

 for a given geographic area, with the main goal of preserving

Historic preservation

Historic preservation is an endeavor that seeks to preserve, conserve and protect buildings, objects, landscapes or other artifacts of historical significance...

 the historic character of the neighborhood.

Historic Overlay Districts versus Historic Districts

Historic overlay districts differ from historic districts

Historic district (United States)

In the United States, a historic district is a group of buildings, properties, or sites that have been designated by one of several entities on different levels as historically or architecturally significant. Buildings, structures, objects and sites within a historic district are normally divided...

 in that they are solely a form of local zoning regulations, and require only passage by a city council

City council

A city council or town council is the legislative body that governs a city, town, municipality or local government area.-Australia & NZ:Because of the differences in legislation between the States, the exact definition of a City Council varies...

 or county commission

County commission

A county commission is a group of elected officials charged with administering the county government in local government in some states of the United States. County commissions are usually made up of three or more individuals...

 rather than a vote by all landowners in the affected area.

Early development

Historic overlay districts have been increasingly used as a more flexible tool for municipal historic regulation since their inception in the mid-twentieth century. Courts in all 50 states have generally upheld the powers of municipal governments to regulate property by use of overlay districts, and courts in many states, as well as the United States Supreme Court have upheld the use of historic overlay districts specifically.

The stated goal of most historic overlay districts is to preserve the overall historic atmosphere and appearance of a neighborhood as a whole, rather than merely spot-lighting specific buildings throughout a generally historic area.

Historic district creation today

The creation of historic districts varies from state to state. Generally, however, district creation begins with a municipal zoning commission or historic preservation committee. Usual notices of public meetings are given and the acceptance of comments from affected citizens are generally heard, but in the end, the municipal governing body has the final say as to the creation of a historic overlay district. Many districts are accompanied by the creation of a Historic District Commission, to oversee the creation of specific regulations and appeals from such regulations by landowners.

In states that require strict adherence by municipal government to statutory grants of authority, an enabling statute must be in place expressly allowing the creation of historic overlay districts by towns, cities and counties. North Carolina

North Carolina

North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...

, for instance, is a state with an enabling statute allowing its duly created municipal governments to create such districts.

Challenges

Like most zoning ordinances, historic overlay districts and the decisions of local historic district commissions are frequently challenged by individual landowners seeking variances or permission to engage in new construction. As municipal governing bodies in most states are given a great deal of deference, however, direct challenges to such districts are not generally successful.

Landowners may be more successful in seeking variances or permission to engage in new construction by demonstrating either that a municipal body erred in its application of the zoning ordinance, or that the building at issue actually meshes well with the overall historic character of the district.