[10 on tuesday] 10 basic elements of a preservation ordinance
DESCRIPTION
A key step in establishing a local historic district is to develop the legislation -- a preservation ordinance -- to protect the historic resources in your community. A preservation ordinance is a local statute enacted to protect buildings and neighborhoods from destruction or insensitive rehabilitation. It also establishes a design review board (known as the preservation commission) and process, which are critical for securing historic district designation. Developing a preservation ordinance demonstrates the willingness of a community to recognize, invest in, and protect its historic character. And while every community’s ordinance should be written to meet the specific needs of the area, each should have these 10 basic components. http://www.preservationnation.orgTRANSCRIPT
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Preservation Ordinances
10 Basic Elements to Include in Your Draft
Clearly state the ordinance’s public purpose.
Although historic preservation on its own is a
legitimate goal, many jurisdictions have found it
politically and legally necessary to link historic
preservation to broader community objectives.
1. Statement of purpose
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Include simple and concise explanations for technical terms to
avoid confusion over concepts that might not be easily understood.
2. Definitions
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Spell out the:
• commission’s position within
government
• number of members
• member qualifications
• terms of office
• number of members required for a
quorum
3. Creation of a
preservation commission
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Write out everything the preservation commission will have
the authority to do. Also outline the nature of the commission’s
decisions, whether required or recommended.
4. Powers and duties of the commission
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Establish objective and relevant
criteria for designating districts and
landmarks. In many cases, local
governments have used similar
criteria to those used for listing in
the National Register.
5. Criteria for designation
historic properties
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Explain who can nominate properties for designation; how and
when affected property owners are notified; how many public
hearings there are; and what the timetable for these actions is.
6. Procedures for historic designation
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Articulate what types of changes, such as
alterations or demolition, are subject to review
by the commission. In addition, fully explain the
standards, guidelines, and process of review.
7. Procedures for
reviewing changes
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This portion of the ordinance is its
“safety valve.” It sets forth the
process and criteria to be used in
determining whether an ordinance
imposes an economic hardship on
an owner.
8. Determining economic
hardship
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Ordinances must be enforced to be effective. Penalties can
range from fines to incarceration.
9. Penalties
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Most ordinances spell out a process
for appealing decisions rendered by
the preservation commission or
governing body. An appeals
provision helps ensure that a
citizen’s right to due process is not
diminished.
10. Appeal process
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Ten on Tuesday features ten preservation
tips each week. For more tips, visit
blog.PreservationNation.org.