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08142002Workshop
CITY OF HOME OF PELICAN ISLAND Minutes Sebastian City Council, Workshop Historic Preservation Wednesday August 14, 2002, 6:00 p.m. City Council Chambers 1225 Main Street, Sebastian, FL Mayor Barnes called the Workshop to order at 7:00 p.m. ROLL CALL Mayor Walter Barnes Vice Mayor Jim Hill Mr. Joe Barczyk Mr. Ray Coniglio Mr. Edward Majcher, Jr. (excused absence) Overview of National Register & Historic Preservation Anna Jackson, presented her report (see attached) and responded to questions from City Council. Council Discussion Louise Kautenberg, Sebastian River Area Historical Society, stated preservation is needed. The City Attorney described the methods Orlando used to establish historic districts. Ruth Stanbridge, Indian River County Commissioner and historian, said the City of Sebastian has an opportunity to be put on the map by working toward establishment of historic districts and preservation of historic buildings. City Council Workshop August 14, 2002 Page Two It was the consensus of City Council to move toward a local historic district and work toward national historic recognition. The City Manager said ordinances will be required to accomplish this. The City Attorney asked Council to define what period defines "Historic Sebastian". Ms. Jackson said buildings fifty years or older would be considered. 5. Being no further business, Mayor Barnes adjourned the Workshop at 6:40 p.m. Approved at the August 28, 2002 Regular Meeting. . Mayor .'~ Sally A. M~o, CMC- City Clerk -, ,i '" HISTORIC PRESERVATION PACKET COMPILED FOR THE CITY COUNCIL MEMBERS = CITY OF SEBASTIAN By Christiana E. Jackson, Historic Preservationist August 2002 CONTENTS, ........... PAGE 1. WHAT iS HISTORIC PRESERVATION? .............................................................. 2 2. WHAT IS THE PURPOSE OF AN HISTORIC PRESERVATION PLAN? ..................... 2 3. PRESERVATION: SENSITIVE SOLUTIONS ........................................................ 3 4. PRESERVATION: INSENSITIVE SOLUTIONS ..................................................... 4 5. BENEFITS: WHY HISTORIC PRESERVATION? ................................................... 5 6. WHY HISTORIC PRESERVATION PLANNING? ................................................... 6 7. LOCAL GOVERNMENT-HISTORIC PRESERVATION TOOLS ................................. 7 8. GLOSSARY ..................................................................................... LAST PAGE HAND-OUTS ........................ National Register: What it Will Do and Won't Do. National Register of Historic Places, Results of listing in Florida, Florida Department of State. Historic Preservation 'in Florida, What it Means to Adopt an Ordinance. Florida Department of State, Bureau of Historic Preservation, A Citizen's Guide To Protecting Historic Places: Local Preservation Ordinances. By Constance E. Beaumo.nt, National Trust For Historic Preservation. Historic Preservation in Florida. Benefits of the Certified Local Govemment Program. Florida Department of State, Bureau of Historic Preservation. Historic Preservation in Florida. Certified Local Govemments Requirements. Florida Department of State, Bureau of Historic Preservation. Historic Preservation in Florida. Certified Local Governments and National Register Nominations. Florida Department of State, Bureau of Historic Preservation. Policy Guide on Historic and. Cultural Resoumas., American Planning Association, 1997. Planning and Zoning, Smart Growth Tool for Main Street. National Trust for Historic Preservation,2002. Undemtanding Property Rights. National Trust For Historic Preservation, 2002. Ail information and hand-outs in this packet were obtained and copied with written and/or verbal permission of publishers/authors. .! WHAT IS HISTORI, C pRESERVATION? Historic Preservation is the careful and thoughtful management of the built and cultural heritage. A more basic definition of Historic Preservation is the identification, protection, and enhancement of historic resources with four separate treatment options for a historic resource as identified by the Secretary of the Interiors Standards for the Treatment of Historic Prooerties: Preservation, Rehabilitation, Restoration, and Reconstruction. In certain countries outside the USA 'Historic Preservation' is sometimes referred to as 'Conservation'. Overall, Historic Preservation is about having respect and appreciation for our heritage which in turn can help instill and promote community pride and economic development. WHAT IS THE PURPOSE OF AN HISTORIC PRESERVATION PLAN? The purpose of an Historic Preservation Plan is to guide efforts to preserve and protect the valuable historic and cultural resources and character of a community. The plan is intended to influence the direction of changes and development by public and private activities to be sensitive to historic preservation and cultural resource values. PRESERVATION: SENSITIVE SOLUTIONS City of Sebastian PRESERVATION: INSENSITIVE SOLUTIONS City of Sebastian This historic house in Sebastian is neglected. Avoid demolition by neglect with laws and incentives for rehabilitation.(left) Cities can provide Preservation Boards, Design review and Technical Assistance which can help avoid destruction of historic fabric or encourage using period materials of construction. (right) Preservation Ordinances and Local district designation can help avoid uncompatible new construction in potential historic districts, (picture left [building on right]) and help avoid losing the unique character of the historic areas. (below) BENE..,F.1TS: Why,, His.tPric Pre~e~ation? The history of a community contributes to its personality. Preserving the history of a place through its historic properties gives a community its unique character. Historic preservation provides a link to the roots of the community and its people, it provides economic development opportunities in tourism and construction related jobs for repair and rehabilitation. Overall, historic preservation adds to the quality of life making for a more livable community. Historic preservation is beneficial to the community in the following ways: · ~ a community is richer for having the tangible presence of past eras and historic styles. ° Etx)nomicall¥ a community benefits from increased property values and tax revenues when historic buildings are protected and made the focal point of revitalization and when the community is attractive to visitors seeking heritage tourism opportunities. ° ~)ciallv a community benefits when citizens take pride in its history and mutual concern for the protection of the historic building fabric. ° Developmentally a community benefits from having a concerted and well defined planning approach for the protection of historic buildings while accommodating healthy growth. · Environmentally a community benefits when historic buildings are recycled (restored, rehabilitated) rather than demolished and disposed of in the community landfill. · Educationally a community benefits through teaching local heritage and the understanding of the past and the resultant cultural respect by its citizens. (This page was copied and distributed with permission of the City of Juneau, Alaska ) See their website at http://www.juneau, lib.ak.us/historv/ Why HistodC preservation Planning?, Historic preservation efforts can be influenced by local, state, and national social, political, economic, legal and other factors. These influences can come from private enterprises or public agencies. Successful preservation planning recognizes these influences and utilizes a process for resolving conflicts from various interest groups and reaching consensus within the community. Historic preservation planning is important for the following reasons: a. To clearly state goals of preservation in the community, b. To let residents know in advance how the community wants to grow and what the community wants to protect. c. To assure consistency between various government policies that affect the community's historic resources. d. To educate and inform citizens about their hedtage and its value to the community. e. To create an agenda for preservation activities and to create a way to measure progress in protecting historic resources. f. To comprehensively address issues relating to tourism, zoning, traffic patterns, development patterns, and design that affect historic preservation. g. To encourage economic development through the preservation of historic resources. h. To strengthen the political understanding, of and support for histodc preservation policies. (This page was copied and distributed with permission of the City of Juneau, Alaska ) See their website at http://www.juneau.lib.ak.us/histo~/ A portion of tho text used was from: Bradford J. White and Richard J. Roddewig, Pmoarin~aa Historic Preservation Plan (American Planning Association, Planning Advisory Service Report No. 45, 1994), pp. 1-20. 6 LOCAL GOVERNi~IENT- HZSTORZC PRESERVATZON TOOLS "Among the first lessons the preservationist learns is that the legal power to protect historic places lies chiefly with the local government. This is a lesson often learned the hard way, for many people assume that the federal government, being the "highest" level of government, is the strongest guardian of historic sites." - Constance E. Beaumont, A Citizens Guide to Protecting Histodc Places: Local Preservation Ordinances, National Trust for Histodc Preservation. "Listing in the National Register or being determined eligible for listing does .not automatically preserve a building and does not keep a property from being modified or even destroyed" - Florida, Department of State, Division of Historic Resources, National Register of Historic Preservation, Results of Listing in Florida. Examples of Local Government Tools:' SURVEY & DOCUMENTATION NATIONAL REGISTER LOCAL HISTORIC DESIGNATION TECHNICAL ASSISTANCE PRESERVATION ORDINANCES DESIGN REVIEW HISTORIC PRESERVATION BOARDS CERTIFIED LOCAL GOVERNMENT PROGRAM TAX INCENTIVES ZONING INCENTIVES REGULATORY RELIEF FINANCIAL ASSISTANCE FLORIDA DEPARTMENT OF STATE - KATHERINE HARRIS - SECRETARY OF STATE The National Register of Historic Places is an official listing of properties throughout the country that reflect the prehistoric occupation and historic development of our nation, states, and local communities. The Register is maintained by the National Park Service under the Secretary of the Interior. It is used primarily as a planning tool in making decisions concerning the development of our communities to ensure, as much as possible, the preservation of buildings, sites, structures, and objects that are significant aspects of our cultural and historic heritage. Sometimes there are misunderstandings as to what listing in the National Register will mean for a property owner. The following is an outline of what it xvill do and what it will not do. WILL DO The National Register provides recognition that the property is deemed by the federal and State governments to be significant in our history at the national, state, and/or local levels. Most properties are significant because of their local significance. The National Register identifies the properties that local, state, and federal planners should carefully consider when developing projects. Projects involving federal funding, permitting, licensing, or assistance and that may result in damage or loss of the historic values of a property that is listed in the National Register or is e!.i. gible for listing are reviewed by the State Historic Preservation Office and the federal Advisory Council on Historic Preservation. A similar review takes place under state law for state or state-assisted undertakings. A typical example of projects that are given such review is road construction or improvement. For more information, call the Compliance Review Section of the Florida Bureau of Historic Preservation at (850) 245-6333. Listing may make a property eligible for a' Federal Income Tax Credit. If a registered property that is income producing undergoes a substantial rehabilitation carried out according to the Secretary of the Interior's Standards for RehabilitatiOn, the owner may apply'for a 20% income tax credit. The credit amounts to 20% of the cost of the rehabilitation. For more information, contact the Architectural Preservation Services Section of the Florida Bureau of Historic Preservation at (850) 245-6333. In 1992, the Florida Legislature passed legislation that allows counties or cities to grant ad valorem tax relief for owners of properties that are listed or eligible for listing in the National Register or in a local district. When a property is improved its value is increased and the assessment is raised accordingly. The ad valorem tax legislation provides that the increase in assessed value of the improved property will be exempted for up to 10 years from taxation for those portions of the tax bill affected by local option county or municipal exemption ordinances. This provision is available for both income and non-income producing properties. ContaCt your local property appraiser to see if this provision is available. Listing may make a property exempt from certain Federal Emergency Management Act (FEMA) requirements and eligible for some American Disabilities Act (ADA) and building safety code adjustments. For more information, call the Architectural Preservation Services Section of the Bureau of Historic Preservation at (850) 245- 6333. Listing or being determined eligible for listing is not required for receiving state preservation grants. The competition for the grants is intense, however, and this official recognition adds weight to the argument that a property is significant and should be awarded a grant. For more information, call the Grants and Education Section of the Bureau of Historic Preservation at (850) 245-6333. WILL NOT DO Listing'in the National Register or being determined eligible for listing does not automatically preserve a building, and does not keep a property from being modified or even destroyed. Unless an undertaking is state or federally funded, or regulated by local oidinance, private property owners may deal with their property in any way they see fit. Architects in the Bureau of Historic Preservation are available to provide advice concerning the best ways to approach rehabilitation needs while maintaining the historic character of a property. For more information, call the Architectural Preservation Services Section at (850) 245-6333. Private owners are not required to open their listed property to the public for visitation. The federal and state govermnents will not attach restrictive covenants to a property or seek to acquire it because of its listing in the National Register. BUREAU OF HISTORIC PRESERVATION - R.A. GRAY BUILDING 500 SOUTH BRONOUGH STREET - TALLAHASSEE, FLORIDA 32399-1250 TELEPHONE (850) 245-6333 OR 1-800-847-7278 FAX (850) 245-6437 What It Means To Adopt A Preservation Ordinance ' .d_L~ 2, .' ' ' Bureau of Historic Preservation R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 ~,Ax (SSo) 9'~..o~6 £ Preservation Ordinance: Provides a municipal policy for the protection of historic properties. Establishes an Objective and Democratic process for designating historic properties. Protects the integrity of designated Historic Properties with a design review requirements. Authorizes Design Guidelines for new development within Historic Districts to ensure that it is not destructive to the area's Historic character. Stabilizes declining neighborhoods and protects and enhances property values. Preservation Ordinance DQES NOT: Require permission to paint your house or review color section. Require that Historic Properties be opened for tours. Restrict sale of property. Require improvements, changes, or restora{ion of your property. · Require approval of interior changes or alterations. Prevent new construction within .Historic areas. Require approval for ordinary repair or maintenance. FlOrida Department of State Thg re. xd issu~ i~ not wh~th~r we will haw change~ but h~ ~ ~t ~ll b~, h~ ~i~ it ~ ha~pe~ ~d h~ ~h~ t~ ~t ~I1 - Robert E. Stip~. in North Carolina Central Law loum~ VoL'.rl, No. :~, 1980. 1-2 A CITIZEN'S GUIDE TO PROTECTING HISTORIC PLACES: LOCAL PRESERVATION 'ORDINANCES Constance E. BeaUmont .~rnong the first lessons the preservationist learns is that the legal power to protect historic places lies chiefly with local government. This is a lesson often learned the hard way, for many people assume that the federal governme, nt, being, the "highest" level of government, is the strongest guardian of historic sites. They assume that ff a property is listed on the National Register of Historic Places, it must be proteCted automatically. This, unfortunately, is not the case. When it comes to' historic preservation, the strongest protection is typically found in preservation ordinances enacted by local governments. Preservation ordinances, in the United States date to 1931, when CharleSton,.S;C., became the first American city to establish a local historic district. Today there are over 1,700 communities with preservation ordinances in place. Big dries and small towns alike have found these laws to be an effective tool in protecting historic places from such undesirable fates as demol/t/on for surface parking lots or deterioration' through neglect. Preservation ordinances are local laws through which owners of historic propert/es are us[tally prol'n'bited from altering~ or demolishing their property without local government approval.. Such restrict/om are comparable to the many zoning and housing Most ordinance restrictions arc limited to changes affecting the exterior of a structure,'leavlag prol~rty owners frc~ to modify interiors as they wish. However, some cltics haw enacted ordinances that regulate changes to historic building interiors. subdivision regulations in place across the country. These restrictions are imposed to protect homes and businesses against the d~valui~g effects of unsightly Or inapprOpriate development on nearby properties, An.ordinance.c an'protect individual landmarks: only, e .n. fire historic districts, or both'landmarks and diStr/cts. To ensure that new buildings fit in harmoniously with their older neighbors, historic d/strict ordinances typically regulate the design of new constru'ction as well as changes to existing structures. The authority to regulate private prOPerty through h/storic preservation and land- use laws is derived from the states' police powers. The states have generally delegated these powers to cities and towns, and every state except Wyoming has empowered local governments to regulate development affecting historic sites. .Local preservation ordinances vary widely, but they must all comply with four cardinal rules of land-use law: 1. Au ordinance must promote a ...valid public purpose. That is, it must in some way advance the public health, safety, morals or general welfare; 2. An ordinance must not be so restrictive as to deprive a property owner of all .reasonable economiC use of his property; 3. An ordinance must honor a c/tizen~ constitutional right to "due process." In other words, fair hearings must be provided and rational procedures must be followed in an ord/nance's administration;~ and ' 4. An ordinance must comply with relevant state laws. 2 As Robert E. Stlpe explo~ in The American Mosaic: Preserving A Nation's Heritage, "(Land use). lawi must be specliic and understandable by ordinary chlzom; they must apply with equal forc~ to ewryofie; and they must have a believable relationship to the objectiv~ of promoting public health, safety, morals or general w~lfare, Most importantly, they must not go so far ia their application as to depriv~ the owner Of too much beneficial use of the property." I~ an ordinance violates.az~ one of these mlei, it stands ~e risk of ~va~idate~l by a co~r~. If it violates the second r~le, ~ com'~ tomy order the local l~overnment to pay a property owner '~ust compensation" 'for taking private property in violation of the Fifth Amendment. . . .. ". The basic constitutionality of historic preservation ordinances' was upheld in by the U.S. Supreme Court. In Penn Central Transportation'Co. :v. City of New York (438 U.S. 104 (1978)), the court settled two important questions.~ First, it found historic preserva, tion to be a valid public purpose: Because this Court has recognized, in a number of settings, that · States and cities may enact land use restrictions or controls to e~ance the quality of life by preserving the character and desirable aesthetic features of a city.., appellants do not contest that New York City's objective of preserv/ng structures and areas With special · ' historic, architectural, or cultural significance is an entirely .. permissible government goal... The restrictions imposed (by New York~ landmark ordinance) are substantially related to the promotion of the. general welfare... Secondly, the court held that New York's ordinance - and by inference, similar ordinances enacted .by other cities -- had not taken private property in violation of the U.S. Constitution because the ordinance's restrictions left the Penn Central company ~ The U,S. Supreme Court has issued sewral major laad-use rul~gs sin~ 1978. While thee do not focus on historic preservatio~ it is important to know about them because they may affect pre-~ervation. In Keystone Bituminous CoaLAssn. v. DeBenedictis. (480 U.S. 470 (1987)), the Supreme Court n~jected a takings claim against Pem~.sylvania~ la~d subsidence law. Among other thln~,~e court obserwd: "Under our system of government, one of thc state~ primary ~a),s of.preserving the public v~al is restricting th~ uses i.udivlduals can make of their property. While each of us is burdened somewhat by such restrlctlo .ns,' we, in turn, benefit greatly from the r~strictions that arc placed on others.' in First Bn_elish Bvan_~elical Lutheran Church v. Coun _tynfLos Angeles (482 U.S. ~34 (1987), the. court held that the remedy for a temporary regulatory taking is not merely thc invalidation of a land use ordinance but just compensation to the property owner for thc period during which the taking occurred. And in Hollan v. California Coastal Commission (483 U.S. 825 (1987)), the court said thcr~ must be a nexus between the purpose of a land-use regulation and the specific rcgulatlon used to ac. hiew that purpose. In other words, the 'means should further the ends. Significantly, the court did not back away from its ~ ruling in any of the~c decisions. The court has y~t to explain how compensation should be determined in a temporary regulatory taking case. Se~ aho ~ 447 U.S. 255 (1980), San Diego Gas & Blc~;ic Co. v. City of San Diceo 4.50 U.S. 621 (1981), 'Willlamson County Regional Plannin~ Commission 'v. Hamilton Bank. 473 U.S. (198b'), and MacDonald. Somm~r & Frates v. County~ of Yolo (Callf.], 43'7 U.S. 340 (1986). with a Ureasonable beneficial use" of its landmark property. The court punctured the off- heard argument that property owners are entitled to make the ~nost poss/ble money (the "highest and best use") from their land: '...the submission' that'(property owners)' may establish a ."taking'.' .simply by showing that th'ey have· been denied the . "" ability to exploit a property in~erest that they heretofore had .... believed was available/s qu/te simply untenable. But local ordinances must do more than pass muster under the federal Constitution; they must also comply w/th state laws and 'constitutio.ns. As noted above, every state except Wyoming has empowered local governments to enact Mstoric preservation regulations. Many states have enacted enabling laws for local historic district or l~'ndmark statutes. Other states have given localities broad "home rule" powers, permitting them to exercise all powers not expressly prohibited. Still others.have conferred the power to protect historic sites on localities through statewide zoning enabling laws. Basic elements of a preservation ordinance With the legal authority for local preservation ordinances now well establ/shed, the. question arises: what should an ordinance look like? Some state preservation offices and nonprofit organizations have prepared model local ordinances that a community may find useful as a starting point. However, if models are used, they shOUld be adapted to address local needs and not be adopted untM~kingly. Ordinance drafters should also consult state case law, for important Court decisions affecting local ordinances may .have been rendered. Basic elements that should form part of any ordinance are .set forth below." a. Statement Of Pure_ 0~. An ordinance should clearly state its publiCpUrPose. Although historic preservation can be justified for its own :sake, many jurisdictions have found it'legallY and politically prudent to ]~nk historic preservation to other community goals' as well. (Some lower courts have ruled that "aesthetic regulation" is not a. valid . . public purpose, but have sanctioned such activ/ties as economic dev_.elopment, heritage education and neighborhood revitalization.) Cape May, New Jersey's ordinance includes among its purposes "to preserve and enhance.the environmental quality of ndghborhoods, to strengthen the Township's economic base by the stimulation of the tourist industry, to establish and' improve property values; to foster economic development; to'rnanage growtta..". . b. D_.e_fm~:m~. Technical terms - e.g., ~alterations," "demolition by neglect" and "environmental settings" - need explanation. They should be dearly, deemed somewhere in the ordinance. c. ]?reservation Commission. Some entity within local government must be charged with administering the ordinance.' Usually this is a preservation or design review · commission comprised of local citizens. Many ordinances require preservation .. commissioners to have special expertise in certain disciplines, such as architectural history, architecture, law or real estate, to guard ag~i~st claims of arbitrary and capricious decisionmaking. Some ordinances':~ll for representation by the c~ty planning board on the commission to ensure that local pla~u" g goals are'related to historic preservation. The qualifications of commission members as well as their terms of office need to be spelled out. d. Commission Powers and.Duties. Most commissions are charged with the duty to conduct historic surveys, makutain inventories, and keep adequate records of their actions. Their authority over the designation and regulation of historic properties varies, however. Some commissions may only make recommendations to other governmental bodies -- e.g., aplanning board or city council - whereas others have the final:word on whether and how historic properties may be altered. Although a property owner must submit development or rehabilitation plans to a comr~i~sion with merely'advisory powers, he or she need not follow the' commission's recommendations. Obviously the more authority vested in the commission, the stronger the protection for historic sites. Many comm~sions may deny proposals to demolish historic buildings; others may only delay such actions.4 Despite claims to-the contrary, demolition denials do not · constitute a "talcing" in violation of the U.S.'Constitution so long as a property owner has not been den/ed all' reasonable use of,his prope, rt~. ReductiOns in .pr°Pe .r~'values due '~0 re~ulations are not "takings.''~ · e. Criteria for Desi_~natingHistoHc Properti~. Objective, relevant criteria should be established for evaluating the historic or architectural worth of a structure. Appropriate criteria include such things as a buflding~ role in natic~nal, state or local history, its association with prominent historical figures, its architectural or engineering excellence, its cultural significance, etc.6 Examples of'cities that authonz~ the demal of d~tnolifion re:traits iud-a,,, a~......a--_ ,.,,., apolis (MD), Atlama and Augusta (GA), Austin (TX), Boston (MA), Charleston (SC), Chi~Io (IL), Denver (CO), District of Columbia, Indianapolis ON), Natchez (MS), New York (NY), Portland 0VIE), San Antonio (TX), San Francisco (CA) (through the Downtown Plau) and Seattle 0M~.). Examples of citles that merely delay such permits are: Portland (OR), Sacramento (CA) and Baltimore (MD). ~ Sec Landmark Yell,Ow pag~ (Preservation Preas, 1992) for citations of court cases on decisions ' upholding local ordinances in states throughout the U.S. ~ Although some ordinances require an o~mer~ consent before a property may be officially landmarked, this is not recommended: The wishes of an individual propexty owner am not an objectlv~, relevant criterion. Private individuals are not allowed to veto zoning regulations or other public laws; they should not be allowed to veto historic property designations. Owner conient provisions also raise legal questions in that they arguably represent a standardles$ and thus uncoustitufionai delegation of police pov, v. rs to private individuals. To quote from the U. Il. Supreme Courtts ~ ruling (123 U.S. 623 (1887)): (The power to regulate'land) must eaist somewh~-.~; else society wRlbe at the mercy of the few whia, regarding oilly their own appetites or passions, may be willing to hnperll the p~ace and security of the many, provided only they are permitted to do as th~ please. Under our system that po~r is lodged with the legislatiw branch of the go~r. rameat. It belongs to that department to e.~rt what are known as the police powers of the state, and to determine primarily what measures are appropriate or needful for th~ protee, ion of the public moralg the public health, or the public safety. For an excellent discussion of th~ 'owner consmat' issue, see 'Owner Consent Provisions in Historic Preservation Ordinances: Are The), I~gal?' by Julia Hatch Milier. PreservatiOn Law Revorter. February 199L Volume 10, NUmber :2. - f. Procedures for Desi-~natin-~ Historic Landmarks and I)islricts, Ordinances must comply with basic "due process" requirements. Property owners must be given adequate notice and an opporumity to be heard before their property rights are curtal!ed..Otherwise, .an ordinance could be invalidated by a court.. Th.e ordinance..... 'needs to eXPlain whO can nominate properties for historic designation; how and When affected property owners are notified; how many public hearings there are; wh° must approve designations; and what the timetable for these actions is. g. Reviewable Actions and Procedures and Standards for Reviewin~Them. The ordinance should expl~,{,n what types of changes - e.g., demolitions, building/landscape alterations, new construction in historic districts - are subject to review. (Many ordinances exempt minor repair and maintenance from review.) It is also important that alteration or demolition requests be acted upon fairly and in a timely fashion. I{ ii critical for commissions to review such requests according to reasonable standards clearly set forth in the ordinance. The goal is to let' property owners know what the rules are. A system perceived to be rational and equitable will go a long.way toward avoiding problems. Some cities have incorporated the Secretary of the Interior's Standards for Rehabilitation into their ordinances. Although these standards are a useful set of guiding principles for the federal programs for which they were intended, ff used by local preservation commissions, they should be adapted to meet local needs and phrased in appropriate regulatory lauguage.? h. ~conomic Hardship. All historic preservation ordinances should include a . process and standard for evaluating economic hardship claims. ·Such provisions can act as a safety valve ff the ordinance is challenged in court; conversely, their absence can make .an ordinance vulnerable to attack. The ordinance should explain the process for 'The S~cr~tary's Standards Can B~ Harmful to Your H~toric District,' by Kath~-in~ Raub. Ridl~y.. Preservation Forum. gpriag 1990. obtaining a hardship finding and spell out What ~r~ormation the commission needs to evaluate hardship claims. The timing for reviewing hardship claims is also important. Such claims should be considered only after an applieafion for aPProval to alter Or demolish a structure has been denied, not wMle. properties are still being"consldered'for h~stor/c designation or before. apPl/eat/ons for alterations are aCted upon. in effect, economic hardship review is 'comParable to the variance process under zoning laws. i. ~, Ordinances must be enforced if they are to be effective. Penalties for violating the ordinance provisions may include fines (usually levied for each day a violation continues), requirements to restore or pay for willfially damaged landmarks, denial of permission to rebuild' on sites w~ere landmarks were illegally demolished, and even jail. The stiff:ness Of the penalty varies 'with each eommunlty depending on the likelihood of non. compliance. j. Apg.e..~. Even ff an ordinance is silent on appeals,'a'citizen still has the right to challenge a comm/ssion~ ruling in court. However, it is w/se tO clarify the appeals process. While some ordinances make commission decisions appealable only to the courts, others find it easier and less expensive to have boards of zoning appeals or some other administrative body to handle these cases. If the latter course is chosen, important to g/ve such bodies clear criteria for considering appeals. Otherwise, they'may use political Criteria or assume unproven economic hardship on the part of the property. ownen Appeal board reviews should be l~m~ted to the facts presented to the preservation commission in considering whether a decision was made arbitrarily or capriciously,s ' The pros and cons of different appeals procedures are ~d Jla two Platmlng Advisory Service . reports available from the American Pianalng Association: Pretmrin~r A Historic Preservation Ordlna~c:. and Responding to the Takings Challenge (Chapter Four). See refe~eae~ at end of this guide.' Adrainisterin~ An Ordinance. The operating style of a preservation commission and its staff is important. Tact, sensitivity, and basic 'good manners in dealing with property owners can help keep a commission out of court. A commission should also avoid spcnd.!=g hours On trivial matt¢.~s.while Overlooking major.issues. This'can cause the public to lose respect for a commission. ;' Local innovations While most local preservation ordinances include the basic elements I/sted above, many go even further to address common problems in' innovative ways. Some examples:. Automobile dominance: Nothing destroys a historic area faster than subservience to the automobile. Seattle's Pioneer Square Historic District Ordinance promotes a pedestrian- friendly environment by bav-l-g gas stations, drive-in businesses and surface parking lots. it also limits curbs cuts. and subjects the few parking garages that are allowed to special design review. Environmental settings: The value of a historic structure is greatly diminished ff it is surrounded by ugly, incompatible development. The structure's setting should be protected. from such development ff at all possible. Miami, Florida's ordinance calls for drawing historic district bount~ries so as to "include properties which individually do not contribute to the historic character of the district, but wMeh require regulation in order to control potentially sd~rse influences on the character and integrity of the district." Interim protection: Often the mere discussion of historic property designations will prompt property owners fearful of new regulations to seek demolition perm{ts. It is hnportant to provide interim protection, for' buil 'not yet offiCially designated as, local historic landmarks. This allows the local governing body to weigh the merits of specific nominations without witnessing a rash of demolitions. An interim control ordinance should be for a set time period and should state the public purpose - e.g., comprehemive planning reasons - for the controls. Atlanta~ ordinance provides interim protection ~f up to 11 months: Design Guidelines: Portland, Maine~ Ordinance contains unusually well-organized and clear guidelines for reviewing new construction in historic districts. Not only does the ordinance provide guidelines for new buildings as indiv/dual. structures, but it also discusses the relationships between buildings and streets. Leesburg, Va., has created an. overlay district to regulate the design of new construction, alongside highways leading into the town~ historic district. Demolition by Neglect. Occasionally a landowner will. deliberately neglect a h/storic structure in the hope .of obtaining a demolition permit on the 'ground that the building jeopardizes public safety. Many ordinances include "affirmative maintenance" provisions to prevent this.. The Charl°ttesville, Va., ordinance states that a property owner -. shall not permit a structure to deteriorate so badly that it. - produces a "detrimental effect" on a historic.district or landmark. The ordinance also calls for the maintenance of the "surrounding.environment, e~g., fences, gates, :ddewaIks, steps, signs, accessory structures and landscaping.". . Surface Parking Lotg: Lest historic structures be dem°Ushed' to make way for surface parking lots, Aflanta's ordnance now. requires prop'~ny owners to Provide detailed architectural plans and evidence of,financing for new building projects? Salt ~ City's ordinance requires demolition permit. applications to be accompanied by landscaping pl~nn, The dry planning department may obtain performance bonds to- ' ensure that landscaping is actually donc~ Uses of Historic Structures: Although prcservation ordinances typicaUy stay out of land use questions, as national chains and franchises relentlessly homogenize American communities, many preservationists are searching for ways'to '- preserve the small, locally-owned businesses that give each city its unique flavor while providing ideal users for small historic structures. The guidelines of the Pike Place Market Historical District Ordinance in Seattle state that all businesses using the Market arc to be operated '~ith the owner involved in thc daily management. Businesses serving local residents are preferred over those which are primarily tourism-oriented.' The guidelines encourage local farmers to use th~ market and discourage fast-food outlets from doing SO. 9 Albany, New York's law, which also conditions the issuance of demolition pe.,r~!~'~ on the approval of new construction, was challenged but upheld in L~L~t.i~D_o.J~. 5~8 N.Y.S. Appellat~ lid 991 (A.D. i~ Dept. 1~0) 11 The question of land uses raised by Pike Place Market~ guidelines presents a larger issue: How do the policies embodied in a local comprehensive plan and zoning ordinance affect historic properties? Either before, while or soon after the process of drafting a local ordinance. Occurs, someone should examine the loCal .planning: and zoning policies for their impact on preservation. Does the plan call for a road ~denlng in the. middle..of the historic district? Does the zo,~b~g permit high-rise buildings where small historic structures now stand, thus putting economic presssures on property owners (or tempting them) to tear down and build new? Capital {mprovement plans and zoning policies are notorious for setting 'the stage for a landmark% future ~lemolition.. It is important to evaluate these plans and policies and seek' appropriate changes lest they' undercut the local preservation'ordinancej Benefits of local preservation ordinances ' Because preservation ordinances restrict what private owners may do with their property, preservation advocates must be prepared to articulate the broad community benefits that can flow from an ordinance. Below are some points preservation advocates might.consider as they seek to build public and political support for local ordinances. Env/ronmental Benefits. The world is too small and our resources are' too limited for us to waste anything. It makes no more sense to squander buffdings or dries .and land than it does to despoil natural resources. 'Indeed, doing the former necessitates the latter. Urban disinvestment and its partner, sprawl, harm the environment and waste resources in several ways. Buildings, streets and ~,~astructures for which.natural. resources have already been extracted go underused. Compact urban centers in which people can get around by environmentally benign transportation modes - e.g. walking, b/king or transit - are abandoned for inefficiently arranged "carburbs" in which everyone must rely totally on the automobile. This automobile-oriented sprawl unnecessarily depletes natural resources,~° consumes farmland and destroys trees, it also requires vast quantities of gas and oil and contributes to air and water pollutiorL The demolition of existing buildings adds to.waste disposal problems. According to some recycling experts, the debris from.hull'ding construction and. demoliti0=.can ... account for more than 20 percent of am, mlcipality's solid waste Stream.n BeCause such debris is bulky and dirtiest to compact or burn, many 'landfills.refuse to accept The last two of the new '3 R~' -- "reduce, re-use and recycle' - being taught to children today are as relevant to buildings and land as they are to bottles and paper? t~conornic Benefits. A frequently heard argument is that prese ~rvation regulations will reduce property values and stifle local economic development. The experience, of many property owners and communities shows the exact opposite. A 1990 economic analysis~4 of business activit7 in Denver's Lower Downtown Historic District reported that the district actually fared better economically than other pans of the city. Within two years of the district's designation, 114 new businesses creating 450 new jobs located in the district. While most of Denver suffered from a z0 It takes the enerlD' cqulval¢-t of one gallon of gasoline to maks, deliver and install just eight bricks. (Source: ~,~Sessin~ th~ En~ _r~,v Cons~r~tlon B~a¢fits of Historic Preservation: Methodsaad E, xamoles, Wasblnston, D.C.: Advisory Council on Historic Prescrvatlon, January 1979, p. 7.) ii "Construction and Dcmolitlon Wastes: Th~ Neglected Challcng~ of the 90~" by Bdwa~l D. Fowler. A paper presented to thc Lc/~/slativ~ Commission on Solid Waste Mana~cment~ NeW York City. :lanuary 21, 12 Aususta, Geoq~ia's preservation ordimmce includes amons its purposes the 'promot0on of) the 'reuse and recyclin~ of e.~istin~ buildi~ stock in the City..and (Ohe...co"scrv(afion of) increash~), scarce landfill space and valuable ,,~,tura] resources. ~ The importance of practicing the new '3 'R%' for the sa~ of pas.sinl~ on a livable envlronment to future gencratlons was underscored on a CBS spcclal, 'What About Me? .I'm Only Thz~," ah-ed on tel~v/slon in April 1992. ~ "Lower Downtown:' Bconomlc impact of Historic D/strict Desl/;nation,' by H~,,~mer Silcr George Associates..luly 1990. severe recession, the Lower Downt~ district experienced substantial new business activity, according to the study. In Fredericksburg, Va., properties in the historic district appreciated more in value between 1971 and. 1990 than properties located elsewhere in the city. Commercial property values in the historic district rose by an average of 480% during tt~ period while th~ose elsewhere rose by only 281~. The comparable figures for residential properties were 674% and 410%, respectively? · Historic preservation can also offer economic development opporumities to local communities. One notable example is heritage tourism, an area of'growing importance to many small towns in. economically depressed regions. The ability of local communities to attract outside visitors - and the revenues and jobs they bring with them - often depends, on historic preservation. ::~ccording to Arthur Frommer, author of the travel guide series that began ~vi'th Europe On $5 A D.~Y: ]Every study of travel motivat/ons has ~own that an interest in the achievements of the past 'is .among the three major masons why people travel...Atnong cities with no particular recreational appeal, those that have .substantially preserved their past continue to enjoy tourism. Those that' haven't receive no tourism at all. It is as simple as that? ]Examples of strictly regulated historic areas that boost municipal coffers by attracting tourists include Seatfle~ historic Pike Place Market and Pioneer Square; San Anton/o% River Walk; Beaufort, South Carolina's M-{~'. Street; San Francisco~ downtown; Philadelphia's Society Hill; Galveston, Texas' Historic Strand District; and Annapolis, Maryland's historic center. Finally, there are fiscal benefits to making full use of traditional urban centers, where the nation~ historic resoumes are concentrated, and m/nimizing sprawl. Taxpayers cannot afford to pay c6ntlnually for.new roads, sewers, utilities,, water'lines, '~ ~l~he EcOnomic Benefits of Pr~servinl~ Community Character Preservation:' A Case S~dy: ' Fredericksburg, Vir~l~'n~a. Gow. rnment l~inance P,~search Ccute, r. 1991. (Available from the National TrUst for Historic Preservation in Washington, D.C.) ~ 'H~sto~c Pres=rvatlon and Tourism,' Preservation Forum. Fall 14 libraries, schools and post offices~? strewn inefficiently across the landscape while existing infrastructures and public buildings' go underus, ed. This is a waste of taxpayer investments already made and a practice that few state or local governments can ~r4ord tO sustain}s '" "" ~ducational Benefits. Historic sites give me~!ng to :and animate...the:lessons of history. Places like Mm-tin Luther King~ birthplace, the :Alamo .and.Ellis Island.help'us to understand important events in our nation% past. The preservation of San Francisco% cable cars, New York's Brooklyn Bridge and the Midwest's Illinoh and Michigan Heritage Canal helps us to appreciate the engineering and technological advances we have made as a society. Architectural masterpieces ~ Frank Lloyd Wright%. "F~!llng~vatcr" in Pennsylvania, Hood and Howells' Tribune Tower in Chicago a~..d Thomas ,~efferson's Monticello in Charlottesville, Va., provide inspirational models'of excellence for today's youth. Social and p~cholo~cal Benefits. Social benefits of preservation stem.fr°m thc way many historic areas are laid out. Mixed land uses, narrow and pleasant streets, compact development and other characteristics typical' of historic districts foster a pedestrian-friendly environment. This '~valkability,~ in turn, facilitates important social and business contacts and brings people together. This urban quality is important to everyone, but especially so for people who cannot drive, such as the elderly with poor eyesight, children and young teenagers. ~v Andres Duany, a l~adlng 'n~otradltionalht,' has pointed out that thc U.S. Postal Service h going bro~ trying to d~li,,~r mall in th~ sprawliug suburbs. "According to a December 7, 1991 artlcl¢ in the Den~rP. ost. 'growth limits prevented (thc city of) B0uldcr's construction industry from overheating, a malady that created tons of empty homes and other cities." TM Post obscr~d that thc Resolution Trust Corporation now owns 38,000 acres' of failed d¢~lopmcnts in Colorado Springs but only 20 acres in Boulder. Colorado Springs has six failed baz~.% for which taxpayers ha'~ paid $693 million for bailouts, while Boulder has only one. ~ notes: 'Growth limitation laws may be ,~l-,¢d at saving the urban environment, but the S&L shakeout shows'they also may hav~ sawd us some tax dollars.' A growhg number of communltics are establishing 'urban growth boundaries' for fiscal as w~ll as ¢nvironmcntai rcasous. In a world of rapid and often troubling change, the presence of famili~ beautiful landmarks gives people a k/nd of emotional anchor as well as a sense of orientation to what is around them. People spend billions of dollars annually on home' improvements -, and 'landscaping because they intuitively understand the relationship, b~tween Pleasant surrou'ndings and their mental health. People fill their attics with 'old letters, furnituTM and childhood toys because they value the memories these things evoke. Historic preservation recognizes the importance of these things and simply deals with physical surroundings and community memories that are in the public realm. As Robert E. Stipe, the mentor of a generation of historic preservation advocates, has ~bserved: I have come to believe that the urge to preserve is less rooted in kigh-style cultural soft than in a more fundamental, even biological, need all of us have to try to reduce or moderate the pace and scale of change itself. 'What we are really trying to preserve, I think, is memo. ry. it is an attempt .:~o keep a mental grip on faro/liar and accustomed environments that make' ' us feel comfortable and secure 'whether or not they are aesthetically pleasing or historically credentialed. The real issue is not whether, we will have change, but how great it will be, h°w quickly it will happen, and how shattering its impact will be. Of course we value our National Eandmark' buildings, but we may equally value a single tree or even'an undistinguished building in a known, comfortable environment? i.~. In summary, local preservation ordinances undergird, our collective efforts to enhance the environmental, economic, educational and social quality of commun/ty life. They give us a way of making sure that future generations will have a chance to understand how and why our society evolved as it' did. They safeguard irreplaceable architectural treasures that inspire us and lift our spirits. And they lend beauty and a sense of civility to a world that badly needs both? ~9 North Carolln~ Central J..~w :Iourn,1 'Vol. II, No. :I, 1980. = The author gratefully acknowledges the a.~htanee of :Iulia Miller, Katheaine Ridley, Paul F.~ondzon, Bridget Hartman, l%~tt C.a~ty nd Stephen Demfi~ in preparing tl~ guide. POSTSCRIPT: UNDERSTANDING TI-IE LIMITs OF FEDERAL PRESERVATION LAWS MiSconceptiOns about the"ability °f federal 1aws to protect hlstoric'plaCes are so'. widespread that a word on these laws is in order. The most widely misunderstood law is the National Historic Preservation Act of 1966, which authorizes the National Register of Historic Places and the so-called "Section 106 review" process. Many people t~i,k that if their property is listed in the National Register, they may not demolish.or alter the property in any way. This is not the case. National Register listing imposes no r~strictions whatsoever on private property, owners. They remain free to do whatever they please with their proper~j.- They can sell it. They can paint it. They can alter it. And they can tear it down. On the other hand, National. Register listing does provide' access to federal rehabilitation tax credits, often a substantial' benefit to property °Wners.2~ The only restrictiom that accompany National Register listing fall on the federal government, not on property owners. Section 106 of the National Historic Preservation Act2= requires federal agencies to consider the effect of'federally-assisted projects on properties listed in or eligible for the National Register. If a project threatens to harm such properties, the federal Advisory Council on Historic Preservation must be allowed to suggest ways of avoiding or minimimn' g such harm. After agencies have gone through the "review and mitigation" process invoked by Section 106, they ma>, can~ out a project as they see fit - cve.n if their actions mean the destruction of historic sites. However, by preventing federal, agencies from acting rashly, and.by requiring them to consider 'alternatives to the destruction of historic resources, Section 106 can ~buy time' and Thc consequences of h~toric dcsilpaafion by s~at~ vary. ht many cases such state desil~, ation triggers. r~vicws of state att~cy action.s, but it rarely limits th~ actions of prlvatc property owners. "16 U.S.C. Section 470~ provide a forum in which preservation advocates can sometimes negotiate compromises? " .. Section 105 is rather like a stop sign. In'effect, 'it says': "Slow down and .consider the' options before yOU. Once you've done 'that, proceed in any direction you wish. ,lust donk ~n.. the stop sign." Sect/on 105 grew out of the 1960s, after thousands of private property owners had watched helplessly as their homes and neighborhoods were destroyed by Federal urban renewal. Another important federal preservation law is Section 4(f) of The Department of Transportation Act?4 Section 4(0 is stronger than Section 106, but it only applies to transportation, projects -- highways, mass transit lines and the like. Under Sectio~.4(f), federally-aided transportation projects that could damage historic sites may not go forward unless there is no prudent or feasible,..alternative to using the land proposed for the project. If there is no such such alternative, all possible planning to minimize harm to the historic, site must still be done. Unl/ke Sect/on 106, Sect/on 4(0 applies to local and stat~' designated historic properties, not merely to National Register properties. Neither Section 106 nor Section 4(f) protects historic resources from purely private development, the type of development that most often threatens such resources. For that type of protection, one must look to local ordinances? :s H thesc compromises are formalized in a 'Memorandum of Agreement' signed by the Advlsory i Council on Historic Pr~servatlon, the state prmervatloa offi~r and the federal agency ~'~olw. xl, th~ may be legally enforceable. ~ Scion 4(f): 49 U.S.C. Section ~Y~. See also 2~ U.S.C. Section 138 (Mghway~); and 49 U.S.C. Section ' ~2o8 (b) (5) (airports). ' "Some state growth manal~cment laws. offer protection akin to that offered by Se~ilon 106 or Section 4(f) and this protection may apply to private az ~ a.s state agency actions, l~or a discussion of this issue, sec Preservation Plannln~ and Growth Mana_eemcnt in Four States. National Tn~t for Historic Preservation. A third federal law, the. Public Builr~ings Cooperative Use Act,~ requires federal agencies to consider .leasing space in historic properties when it is economically feasible to do so.. Although this statute does not actually protect hi.~toric buildings, it helps to p~-ese~ve "them .by' encouraging federal ag'endes .to use such .buildingS...This is, important, for ff buildings are not used, they may be lost. Little attention has'been paid by preservafionists to this laws enforcement, however. Given the many historic landmarks lost through disuse, preservationists might take a new look at the Cooperative Use Act? ~ 40 U.S.C. Secfion.s 490, 601a, 606, 611 and ilia. r~ Scwral states, including Texas and Florida, have laws that l:.semble thc Public Buildings Coopcratlvt Usc Act, except that they apply to state rather than federal agencies. BIBLIOGRAPHY Beaumont, Constance E. and A. Bruce Dotson. Preservation Plannin_~ and ~G.r.~,vth Management in Four States. Washington, D.C.: .National Trust for Historic Preservation. Revised 1992. '- .' Cassity, Pratt. M~intainin_~ Communi~ Character: HQwto Establish a Local Historic ~. An ]~nt~ormation Sheet. Washington, D. C.: National Trust for Historic Preservation. 1992. Collins, Richard C., Waters, Elizabeth B., and Dotson, A. Bruce. America% Downtowns: Growth, Polities. anflPreservation. Washington, D. C.: The Preservation Press. 1991. Duerksen, Christopher J. Ae~t, heties and Land Use Controls: Beyond Ecolo~..and ~. Chicago: American Planning Association.. 1986. (Planning Advisory Service Report No. 399.) Duerksen, Christopher $., et al. A Handbook on Historic Preservation Law: Washington, D.C.: The Conservation Foundation. 1983. (See especially Chapter 2, Part 2, "Drafting and Administering the Ordinance.") Preservation Law Reporter, a monthly publication covering Federal, state and local developments in preservation law. Washington, D. C.: National Trust for Historic Preservation. $90 for an annual subscription. ($50 for National Trust Fonma members.) "Preservation Law Updates," twice-monthly newsletters on matters of preservation law. Washington, D. C.: National Center for Preservation Law. Ridley, Katherine Raub. 'The Seeretat~ Standards Can Be Harmful To Your Historic District." Preservation Forum. Spring 1990. National Trust for Historic Preservation. Roddewig, Richard J. Prevarin~ A Historic Preservation Ordinance. Chicago: American Planning Association, 1983. (Planning Advisory Service Report. No. 374) R0ddewig, Richard J., and Duerksen, Christopher ,1. Respondin~ to the Takings .Cllall.en~. Chicago: American Planning Association. 1989. (Planning Advisory Service Report No. 416. See especially Chapter Four.) Stipe, Robert E., and Lee, Antoinette J. The American Mosaic: Preservln_~ A Nation~ Heritage. Washington, D.C.:US/ICOMOS. 1987. Historic preservation in'Florida Benefits of the C.erfified Local Government Program Bureau of Historic Preservation R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 (850) 487-2333 1-800-847-7278 (PAST) ]FAX (850) 922-0496, http://www, dos.state.fl.us/dhr/bhp A~ross Florida, conununitics arc taking action to preserve their unique historic character. The Florida Certified Local Government (CLG) Program, a local, 'state and federal · partnership, can be a source of support and guidance in your historic preservation efforts. Since its inception in 1986, Florida's CLG Program has assisted in the survey, designation and preservation of thousands of historic and archaeological resources. Awareness of the importance of historic preservation has also been enhanced statewide through the program. The Florida CLG program recognizes the greatest legal power to preserve lies With local government. An effective local historic preservation program begins with the enactment of an historic preservation ordinance and the'creation of a 'qualified. historic preservation board. Here,' the Florida CLG program.can help ensure that your· preservation program will be the strongest posSible preservation tool for your community. Designation as a Certified Local Government bfiJgs a number of benefits. In addition to affirming your community's commitment .to historic preservation, CLGs may: Receive technical assistance and training, both on-site and at ~'egional meet~gs, for staff and'the members of their historic preseryation boards. Have a'formal comment role in the National Register nomin.ation progess for .properties within their jurisdiction. Compete for special historic preservation maiching grant funds set aside only for Certified Local Governments. Funding is available for projects such as surveys to . identify and evaluate significant historic properties, preparation for National Register nominations and dcvelopment'ofpreservation education materials such as booklets and brochures. Conduct project reviews for Florida's local option property tax exemption progrkm (,project reviews in communities that are not CLG.s must be conducted by the'Division of Historical Resources ). The exemption is available for qualified improvements to historic properties listed in the National Register and/or designated by a CLG. Florida Department of State Historic Preservation in Florida Certified Local Government Requirements Bureau of Historic Preservation. R:A. Gray Building. 500 South Bronough Street Tallahassee, Florida 32399-0250 , (850) 487-2333 '1-800-84%7278 'FAX (850) 922-0496 www.flheritage.¢om Provide the State Historic Preservation Officer with thirty days prior notice of all meetings. Submit minutes of each meeting to the State Historic Preservation Officer within tl~ty days. Submit records of attendance of the Review Commission to the State Historic Preservation officer within thirty days after each meeting. Submit public attendance figures for each meeting to the State Historic Preservation Officer within thirty days of action. Notify the State Historic Preservation Officer immediately of all new historic designations or alterations to existing designations. Notify the State Historic Preservation Officer of changes in Review Commission membership within thirty days. Submit amendmentS to local ordinance to the State Historic Preservation Officer for review and comment at least thirty days prior to adoption. Submit an annual repOrt by November 1 covering previous October 1 through September 30. Information to be included in the annual report (at a minimum): (1) Any changes to Rules of Procedure. (2) Number of proposals reviewed. (3) New designations (listings). (4) Changes to Review Commission. (5) Revised resumes of Commission members as appropriate. (6) Changes to local historic preservation ordinance. (7) Review of survey and inventory a. ctivities with a description of the system used. (8) Program report on each grant-assisted activity. Florida Depa~tt~,ent of State Historic Preservation in Florida Certified Local Governments Register,.Nominati0ns -,', and National Buteau of Historic Preservation - R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 (850) 487-2339 1~800-847-7278 FAX (850) 922-0496 ·ht-tp://www.dos.state.fl.us/d-ur/bhp As part of the partnership between state and local governments, federal regulations reqUire that nomination proposals be reviewed by Certified Local Government (CLG) historic preservation boards before they can be presented to the Florida National Register Review Board. In order to facilitate the review, of nominations for properties that lie within the jurisdiction of a CLG, and to conform.with federal regulations concerning the required notifications and review, .the following procedures will be followed: The Bureau of Historic Preservation will advise the CLG when someone inquires about proposing the nomination of a property which lies within ~.he CLG's jurisdiction. When a nomination proposal is not initially submitted by the CLG, the Bureau will send a copy of the proposal to the CLG for its review. The CLG's historic preservation board and the chief local official will have 60 days to comment. If both the CLG board and chief local official do not consider the' property to be eligible for listing in the National Register, the proposal will not be submitted to the Florida National Register Review Board. If only one, either the preservation boa_rd Or the local offici'al, does not consider the property to be eligible, the proposal may be submitted to the Florida National Register Review Board. If comments me not received by the end of the 60 day review period, the Bureau may schedule the proposal for review by the Review Board. Florida Department of 'State / Legisiat:ion & Policy Your Community Publications Knowledge Exchange Consultant Services About APA News :!obs & Careers Conferences & Worksl~ops APA Store rqember Services iVlember Login Legislation & Policy / Policy Guide Ratified by the Board of Directors, September ~9, 1987 Revised and updated, San Diego, California, April :L0, 1997 Ratified by the Board of Directors, April F~NDING$ Over the past decade the scope of historic preservation practice has broadened to protect a greater array of cultural resources Including historic di~rlcts, buildings, structures, sites, public works, transportation corridors, archaeological sites, heritage areas and corridors, cultural landscapes, objects and related built forms. Planners conduct these activities as part of a comprehensive planning framework that combines the benefits of preservation with other community planning objectives. Planning and preservation work hand in hand to ensure the conservation of housing stock in residential neighborhoods, economic development and revitalization (including the preservation and revitalization of downtowns), protection of historic landscapes~ and preservation ~nd growth management of rural villages, and conservation of farmland. In an era of profound change, the threat to these non-renewable ihistoric resources is accelerating, requiring innovative planning solutions. These threats include: From 1Nashington A biweek¥ newsletter on federal legislative and public policy Issues of Interest to planners and communities. View current issue Sign up to receive From Washington via e..mail Legislative A,ctio. Center Track legislation, reed ale~s, e-mail Congress, find local media, And, much morel Visit APA's Updated Action Center' ]oir~ APA's advoca¢:¥ network and receive action alerts. a Diminished funding for preservation at the federal and state levels, · The impact of transportation projects on cultural resources. · Legislative enactments designed to preempt state and local preservation laws. · The private property rights movement and Its attack on preservation programs at the local level. · Development resulting in either demolition or retention only of building facades. · Ignorance of archaeological resources, · Subordination of historic preservation to other design concerns. Repeated cutbacks in Federal funding and reduced tax incentives--combined with a lack of understanding concerning the economic benefits of preservation- -have sapped valuable energy from Amedca"s preservation movement. At the same time, planners have a tremendous opportunlty to capitalize on positive developments that are building the constituency for preservation, including: · A greater ,'ole for preservation in rural revitalization, economic development, and finance initiatives driven by the private sector. · An increased commitment to the principle of adaptive reuse, ensuring that architectural and historic resources are economically viable contributors to their communities. · Growing cooperation between professional disciplines, lay groups, and their organizations to promote effective preservation strategies at the national, state, and local levels. · Increased availability of environmental laws and programs as a APA works with other organizations on planning issues ranging from sprawl to transportation. Browse a list of APA's coalition peri:nar'& and visit ti~eir wabsites. Ii 3oin APA APA is an outspoken advocate for planners and planning. 6ocoma a member and join thousands of people who share your dedication to buitding strong, vibrant communities. http://www, pl anning, org/p oli cy gui de s/hi stori c. htm 7/7/02 Emerging preservation strategies that address and interpret the histories and cultural legacy of alt segments in society without regard to ethnicity, religion, or social strata. Growing use of preservation tools as a means to accomplish other desirable objectives: more compact communities, neighborhood conservation and cohesion, economic development and tourism. Greater programming of ]ntermodal Surface Transportation Act (ISTEA) funds for enhancements that build on the foundations of neighborhood conservation and preservation planning. Greater use of tax benefits to promote preservation of communities. POL:~CY GU:[DE pIETNC]:PLE,~ 1. To achieve the full Integration of preservation and planning practice, the American Planning Association and its chapters believe planners must assume greater responsibility to use the range of preservation techniques and options. This means: a. At.all levels of government, planners need to work with the private se~or, independent organizations and citizens to increase awareness of, and to protect and enhance the nation's historic resources. Ideally, this should occur at the earliest possible stage of a comprehensive planning process, before deterioration creates an insurmountable burden for the community and property owners. b. Planners need to encourage communities to recognize the value of historic resources as major contributions to the quality of life and to cultural vitality, and as resources that both remind us about our past and provide a stimulus to economic vitality and the potential for tourism. 2, APA National and chapter support funding of programs for the preservation .. of the nation's historic resources at alt levels of government. The components of the programs should include: a, an ongoing survey and evaluation process; b. protective legislation, expressed in clear and reasonable standards and based on qualified expert opinion or acknowledged resources in the field; c. financial incentives to encourage rehabilitation and restoration'; historic preservation plan development; e. adequate budget allocations for qualified staff in public agencies; f. cooperative educational efforts with tile private sector and citizen groups; and g. interdisciplinary participation and alliances of plannem with other professionals in fields related to historic preservation. h. Coordination of preservation initiatives with education, citizen participation, t'dstory, public art, and other programs such as [STEA i. [mplementation strategies capable of protecting, enhancing, and extending the benefit of cultural resources for future generations. j. Provisions (in the form of ordinance or policy) to secure temporary delays to the alteration or demolition of designated cultural resources until their preservation or protection may be fully explored. 14. Adaptive reuse policies supported by tax or other http://www.planning.org/policyguides/historic.hlm 7/7/02 incentives. :3. APA National and Chapters support budget allocations that will insure that the 'Federal government will facilitate preservation efforts by providing adequate appropriations to Implement federally-mandated processes, to support state historic preservation offices, and to encourage preservation activities at all governmental levels. 4. APA National and Chapters support efforts by local governments to integrate preservation into tl~e land planning process, including incorporating preservation goals into the community master plan and reconciling and coordinating preservation policies with local development policies. The reasons for this support are that a sound preserzation program must be based on a survey, an historic preservation ordinance and plan, and economic and technical assistance In coordination with other community policies and ordinances. Local governments should work with citizens and local Interest groups to make preservation part of the overall effort to foster and promote the general welfare of the community. 5. APA Chapters support local government budget allocations for qualified staff for historic preservation commissions and to provide funding for the certified local government program. 6. APA and its Chapters support the equal application of preservation laws cultural and historic resources without regard to form or nature of ownership, religious or cultural affiliation. 7. APA Chapters support state enabling legislation to provide tax incentives to encourage the rehabilitation of historic resources, including tax credits and tax abatements. 8. APA Chapters support budget allocations that will insure state involvement in integrating tourism considerations as appropriate with historic preservation efforts, particularly in the assessment and sensitive adaptation of viable resources. 9. AP/( and its Chapters support historic preservation programs that are hoiistic in scope, meaning that they: a. Seek Lo involve all elements of the community in planning, development, implementation, and feedback. b. Strive to interpret history and cultural heritage in the most inclusive sense possible, reaching across barriers of race, ethnicity, religion, class, or income. c. Seek to protect not only the resources itself, but its context in the larger Community by ensuring that preservation of significant structures is not limited to preservation or a buildJng's "skin" without adequate consideration of its other component parts and history. 10. APA and its Chapters believe that an understanding Of cultural resource issues is integral to the practice of planning, and therefore support the inclusion o'f preservation and cultural resources as a core component of urban and regional planning curricula. l:t. APA and its chapters recognize that neighborhoods are dynamic objects that evolve ratl3er than remain fixed In time; therefore, they support preservation strategies that respect the heritage, context, design and scale of older nei¢lborhoods while recognizing the evolution of those neighborhoods' http://www, pl anning, org/p oli cy gui de s/hi stori c. htm 7/7/0 2 built form, 12. APA and Its chapters believe that the goals of affordable housing and good preservation practice are mutually inclusive. APA supports gentrification provided that the tools of preservation are used as methods for Inclusion, not exclusion; protection, not displacement; and encouragement of affordable housing and inflll projects, not their prohibition. 13. APA and its chapters support the coordination of comprehensive planning programs and implementation tools (zoning, Subdivision, and land development) with state preservation legislation (facade controls tax incentives, and other tools). Beyond the minimum standards expressed in paragraph 2 above, these programs should utilize a variety of tools which may include (but are not limited to): a. Transfer of development rights; b. Expansion of clustering and planned unit development to increase opportunities for landmarkJng, village preservation, and historic districts; c. 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Land-use plans, zoning ordinances, capital-improvement programs and other mechanisms for attracting or controlling new growth and development affect Main Streets in powerful ways. They can set the stage for the hollowing out of the downtown. They can create incentives for property owners to dose downtown stores and move to outlying commercial strips. They can unleash private investment decisions, economic pressures, tax policies, political positions, and even property oWners' dreams of getting rich. These forces, in mm, can make it prohibitively expensive and politically difficult to protect a Main Street from such ills as: overbuilding of retail space on prime farmland in outlying areas; displacement of locally owned small businesses; · traffic patterns that destroy a Main Street's pedestrian friendliness; and · highway bypasses that lure economic activity away from the downtown, !earing its merchants with fewer customers. At the Same time, local plans and zoning laws can exert positive forces. They can create incentives for existing businesses to remain downtown - and for new businesses to locate there. They can help to protect a downtown merchant's investments instead of undermining them, They can help to inoculate the local government against future lawsuits that could weaken downtown improvement efforts. Finally, these laws can provide certainty for potential investors in the downtown. For these and other reasons, it behooves Main Street organizations to pay dose attention to the policies in their community's local comprehensive land-use plan and zoning ordinance. Comprehensive Plans and Zoning Ordinances: What Are They? . A local comprehensive land-use plan is a roadmap for a community's future growth, development and, ideally, its preservation. The plan explains the community's overall policies and sets forth a positive vision for how the community should grow. It explains where new homes, businesses, roads, and other community elements should go - and equally important - not go. It identifies the kinds of community assets - downtowns and Main Streets, for example - that should be preserved. co~ht © ~oo~ N~i~al Trusl for His~ori¢ P~v~ioa Comprehensive plans are written in narrative form and often illustrated with pictures and charts. They often include specific sections for discrete topics - e.g. - land-use, economic development, transportation, housing, historic preservation, the environment, community facilities, and so on. It's a mistake to assume that only the economic development (or downtown) section of the plan affects Main Street. Other plan elements, especially the transportation element, often affect Main Street in important ways. Zoning codes establish the rules that (ideally) advance and implement the policies set forth in the comprehensive plan. They are more technical than plans and deal with such matters as allowable building heights, locations, building setbacks, and land uses. Zoning has existed in the U.S. since 1916, when New York City adopted the country's first zoning ordinance to protect the health, safety, and welfare of residents. Zoning was explicitly sanctioned by the U.S. Supreme Court in 1926. It is as important for a Main Street organization to know the local zoning roles as to understand policies in the town's general plan. Main Street leaders should consider such questions as these: Does the zoning allow for mixed land uses? For example, can housing units exist atop street-level shops? Or does the zoning rigidly separate housing, retail, office, and other land uses? Does the zoning allow creative solutions to parking challenges?' Or does it require excessive amounts of parking, thus pressuring 'property owners to demolish important Main Street buildings to meet parking standards? · Does the zoning allow new buildings to be built in a way that's compatible with older buildings in the area? Or does it require building setbacks more appropriate for auto- oriented suburbs than pedestrian-oriented downtowns? · Does the zoning permit out-of-scale, poorly designed development? Development in the wrong places? Too much development - i.e., more commercial or retail space than the local economy can absorb without inordinate displacement of existing businesses? · is new construction required to fit in harmoniously with what's around it? Or can anything, no matter how jarring and incompatible, be built? · Does the zoning permit drive-through fast-food outlets? Stores surrounded on all sides by asphalt for parking? Or does the zoning require landscaping, with trees and bushes, to soften the harsh effects of parking lots? These are just a few of the questions a Main Street organization should consider. Planning, Zoning, and Main Street Interests A local Main Street program should assign someone - either a paid staff'member or a volunteer - to familiarize himself with the town's planning and zoning laws and to monitor changes to them. If the town has no such laws, the Main Street program may cop~ ~ 2002 2 Natitmal Trust for Historic Pr~ea-vatitm want to advocate their adoption, for the absence of good planning policies may well put the town at the mercy of outside forces. One often hears people boast of having no zoning laws, no regulations, no building design guidelines, no interference by government with loeai freedoms. This attitude is a bit naive, for as often as not, a town's failure to enact strong growth management laws simply creates a void filled by outside (and not always friendly) forces. Instead of getting roles written by people who live in the town and who have a stake in its long-term future, the community is shaped by outsiders with little, if any, interest in the town's long-term health. Communities whose laws are silent on such important matters as' the location and size of retail stores, the design of new construction, the preservation of landmarks, the retention of street trees, etc., may simply be designed by out-of-town traffic engineers, out-of-state corporations, national franchises or other entities. Communities that boast of maximizing their "freedom" by not enacting good growth management laws often have little, if any, bargaining power over outside forces. They are typically powerless to withhold approval of harmful developments that could literally destroy a downtown's most important physical and economic assets. Zoning laws, design standards, and other growth management tools give citizens (and property owners) some recourse when irrespOnsible landowners run roughshod over community values and assets. In a nutshell, planning, zoning and other growth management laws are important to Main Street. They can either undermine or support the downtown revitalization goals of a local Main Street organization. Main .Street advocates ignore these laws at their peril. Resources Save OurLand, Save Our Towns, by Thomas Hylton. (RB Books, 1995). Go to www.cetebratepa, com. For a video of the same name based on this book, go to www.bullfrogfilms, eom Preparing a Historic Preservation Plan, by Bradford J. White and Richard J. Roddewig. National Trust for Historic Preservation/American Planning Association. Planning Advisory Service Report No. 450. 1994. Planning Commissioners Journal, published by Champlain Planning Press, Inc,. and edited by Wayne M. Senville. Tel: 802/864-9083; e-mail: pci~together, net or go to www.plannersweb, corn Better Models for Development m Virginia, by Edward T. McMahon with Sara Hollberg and Shelley Mastran. Go to www.conservationfund.org or call 703/525- 6300. co~yti~ o 2002 3 National Trust for I-Ii~torie gre~ervatioa Understanding Property Rights Smart Growth Tools for Main Street Private property rights are among the most important rights enjoyed by Americans. They enhance our freedom. They give us financial security. They help to protect our personal investments. Without property fights, we would have little incentive to invest time, money, and labor in the improvement of Main Street buildings and businesses. Our property rights come from the Fifth Amendment to the U.S. Constitution, which states in part: "...nor shall private property be taken for public use, without just compensation." This language is generally called the Takings Clause because it is intended to prevent the government from "taking" - or seizing -a property owner's land without paying a fair price for it. Too often, property rights are misunderstood. Some people erroneously believe that property rights are absolute. They think that they can do literally anything with their property, even if their actions harm the property fights of their neighbors or the public welfare. Extensive and precious as they are, our property rights have never been - and are not now - absolute. Like most other rights, property rights are tempered by responsibilities. The U.S. Constitution does not give property owners the right to abuse the land or to use their property in a way that hurts others. Indeed, zoning-based restrictions on land use were first created toprotect the property fights and values of property owners against the potentially harmful actions of other property owners. It's important to remember that the value of a parcel of land stems as much from nearby public improvements paid for by the community as a whole - and from the labor and investments of neighboring property owners - as from the activities and investments of the landowner. Private property values are typically enhanced by such taxpayer-funded projects as roads, water and sewer lines, libraries and schools. Property Rights and Main Street Goals It is not uncommon for Main Street revitalization advocates to propose such measures as design standards, curbs on sprawl, zoning restrictions and other policies intended to protect a downtown's appearance and economic vitality. But in doing so, they are often told that these measures violate private property rights and are therefore illegal and unconstitutional. Main Street leaders should know that these measures are, in fact, constitutional. Literally thousands of American cities and towns have enacted historic preservation ordinances, design standards, and land-use laws that limit what property owners may do with their ¢op~sht © ~oo2 Natie~al Trust for Historic Prese~ation land. American courts, including the U.S. Supreme Court, have repeatedly upheld these laws when properly enacted and enforced. To be sure, land-use restrictions must advance a public purpose, be fairly and reasonably applied, and leave property owners with an economically viable use of their land. When these standards are met, however, land use regulations will pass legal muster. Sensible land-use laws almost always enhance, rather than depress, property values. One only needs to look at such vibrant Main streets as those in Santa Barbara, Calif.; Hudson, Ohio; and Nantucket, Mass.; to see the positive impact of strong land-use and design standards on property values. The popularity of such places reflects two realities: * People flock to places that enforce good design standards and sensible growth management policies; and The scarcity and popularity of well-designed, sensibly controlled commercial districts have increased their value. We need more of these places so that they will not just be enclaves of the wealth and privileged. Everyone should be able to enjoy life in an attractive, livable community. The more we can do to create well-designed, livable communities, the more available and accessible they will be to everyone. The owners and developers of regional shopping malls, understand how design and other rules can enhance property values. That's why they routinely impose strict controls on the design, upkeep, and operation of mall businesses. Resources "Focus on Property Rights," a special issue of Historic Preservation Forum, the journal of the National Trust for Historic Preservation. luly/August 1993/Volume 7/Number 4. Call 202/588-6296 or go to www.preservationbooks.org Takings Law in Plain English, an overview of "takings" law with suggestionS for responding to the takings challenge. To order, go to www.preservationbooks.org and dick on "Communities and Sprawl." Zoning and the American Dream: Promises Still to Keep, edited by Charles M. Haar and Jerold S, Kayden. A_PA Planners Press (Chicago: 1989). Aesthetics and Land-Use Controls: Beyond Ecology and Economics, by Christopher J. Duersken. American Planning Association PAS Report No. 399 (1986) Georgetown Environmental Law & Policy Institute web site, go to www. 1 aw. g.~!-g.et own. edu/~ co~ht o :00~ 2 National Tn~t for Hi~nlc Pr~erwtion GLOSSARY OF TERHS Certified Local Government (¢LG~, The CL6 program is a partnership between the state historic preservation office and local jurisdictions which meet national and state requirements for certification, It is part of the nationwide program established by the National Historic Preservation Act of 1966 to preserve historic properties including buildings, structures, sites, neighborhoods, and other places of importance in the historical and cultural life of the nation, Cultural and/ar ltJ~torJ¢ Re~o#lY;~. Buildings, structures, sees, objects, landscapes which provide evidence of the pre-history and history of the community. Historic ¢ont~t(as defined for eligibility for listing on the National Register of Historic Places): Information about historic trends and properties grouped by an important theme in the prehistory or history of a community, state, or the nation during a particular period of time. Historic contexts are organized by theme, place, and time, and link properties to important historic trendS. Historic Jntegrity (per National Register criteria): The authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's period of significance. These characteristics include integrity of location, design, setting, materials, workmanship, feeling, and.association. Historic Pre~rvatioff. The protection of a property or site to save its historic character. Ili~tori¢ Property. Building, site, district, object, or structure evaluated as historically significant. Historic Significance (per National Register criteria): The importance of a property to the history, architecture, archaeology, engineering, or culture of a community, state, or nation. Historic significance is achieved in meeting one or more of the following criteria: A. Association with events that have made a significant contribution to the broad patterns of our history; B. Association with the lives of persons significant in our past; C. Embodiment of 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 distinguishable entity whose components may lack individual distinction; or D. Yielded, or potential to yield, information important in pmhistory or history. I~lemorandum of Under~tandinv (l~lOg): A document which when signed by cooperating parties will set the stage for project review early in the planning stages to assure the least impacts to historic and cultural resources. National Re~i~ter of Historic Places. The National Register is the official Federal list of districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, engineering, and culture. These contribute to an understanding of the historical and cultural foundations of the Nation. Rehabilitatioff. Adapting an historic pmperb/for contemPorary use while preserving the features significant to its historic, architectural, and cultural values. .Gecb~n 10~. Under the National Historic Preservation Act, Section 106 provides that any federal agency having direct or indirect Jurisdiction °Ver a proposed federal or federally assisted or federally permitted undertaking must take into account the effect of the undertaking on any district, site, building, structure, or object that is included in or eligible for inclusion in the National Register of Historic Places. The Advisory Council on Historic Preservation, an independent federal agency, must be given the opportunity to comment with regard to such undertaking. Stabil~tiom The process of making an historic property that is unsafe and deteriorated, stable and weather resistant. State Hbforic Preservation Officer ($HPO~. Established by the National Historic Preservation Act, the SHPO is appointed by the Governor to carry out the historic preservation program including recommending properties for nomination to the National Register of Historic Places. Copied and distributed with permission of the City of Juneau, Alaska ) http://www.juneau, lib.ak.us/hJstor,