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.
[3] 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.
As municipal governing bodies in most states are given a great deal of deference, however, direct challenges to such districts are not generally successful.
[3] 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.