Establishing and Managing Historic Districts

Regulating citizen property

The hard core of local preservation activity throughout the United States centers on the use by local governments of the states’ sovereign authority to regulate citizens in their personal conduct and in the use of their property.

This authority permits cities and counties to enact local ordinances covering new construction, additions to historic buildings, and moving and demolishing historic buildings.

Historic district ordinances, may be part of the more general zoning ordinance, or separate standalone ordinances designating historic districts and individual buildings as landmarks.

Although it is a narrow and essentially defensive approach to preservation, historic district and landmark ordinances are nonetheless the first line of defense at the local government level.

State government enables

State legislation for the most part requires a quasi-judicial approach to the review of applications for change or demolition in an evidentiary hearing.The process involves findings of fact that may not usually be reopened on appeal, and elaborate, courtroom-like procedures spelled out in writing.

Commissions (Architectural Review Boards) must evaluate property owner requests against design guidelines and standards that inevitably require group interpretation and determination on technical, historical, and aesthetic grounds.

Guidelines are often derived from National Register criteria or the Secretary’s Standards, without sufficient emphasis placed on the special overall character of each local district so regulated.

Limitations and concerns about the Preservation ordinances

The ARB’s jurisdiction is limited to exterior appearance and, as a legal matter, focuses strongly on what can be seen from a nearby public street.

The property owner’s extent of “economic hardship” as a consequence of compliance with the regulations is always a background issue.

Other issues involve the political implications of each case, both before the commission itself and on appeal.

Equal treatment of applicants required by federal and state constitutions is not always achieved, exposing the ARB to community criticism at the least, and lawsuits at the worst.

1. The failure to follow these procedures not only violates the rights of individual property owners to equal treatment under the law, but also promotes an image of favoritism and arbitrary decision making on the part of local government

2. Shortcomings of the ARB can damage both the preservation movement and confidence in government generally.

The Preservation OrdinanceTitle: [let’s look at Fredericksburg’s ordinance as an example]

1. Lists the state code authorizing the historic district. Each section also lists the authorizing code.

Statement of Purpose of a Preservation Ordinance

1. Emphasizes the general welfare,

2. historic, architectural, cultural significance

3. Lays out what the district is supposed to accomplish-its goals

4. What are the source of its criteria for inclusion? National Register

Boundaries. Follow the National Register boundaries, with exceptions.

Building Permit required. For all reconstruction, exterior addition or alteration, exterior restoration, razing, relocation, or demolition of any building or structure within the HFD.

1. Zoning permit shall be required for non structural components.

2. No building permit will be issued, without a certificate of appropriateness from the Architectural Review Board

[We are using Chapter 78 - ZONING, PLANNING AND DEVELOPMENT >> ARTICLE III. - ZONING >> DIVISION 23. - OLD AND HISTORIC FREDERICKSBURG DISTRICT (HFD) of the Fredericksburg City Ordinances]

Materials to be presented to the ARB include

a. State of proposed use and user

b. Statement of estimated construction time

c. Photographs, maps, and drawings relating the proposed use to surrounding properties

d. Site design drawings showing configuration, topography, site improvements, color and building materials.

e. Architectural drawings to scale show the plan and elevation.

f. Landscaping plan

g. Plan of exterior signs, lighting, graphics including description of materials.

Standards for evaluation

Secretary of the Interior Standards for Rehabilitation

Additional requirementsa. Mass, height, nature of roofline

b. Proportions

c. Nature of open spaces, setbacks, side yards

d. Landscaping

e. Openings in facade

f. Type of roof

g. Nature of projections, particularly porches

h. Nature of details

i. Nature of materials

j. Texture

k. Details of ornamentation

Same for new construction

When to limit demolition?

a. architectural significance

b. Historic significance

c. contribution to streetscape

d. significance to tourism

e. effect on surrounding properties

f. Inordinate hardship

Preservation commission/ board of architectural review

Composition of commissiona. 3-11 members, citizens, several from the districtb. Serving staggered terms 3-5 years

Manner of selectiona. Appointed by mayor with consent of council

b. Chosen from AIA or historical society nominations, realtors, or mayor’s volition

Scope of powers

Considers all applications for permits [construction, reconstruction, repair, alteration, removal or demolition] insofar as their external appearance is changed with relationship to neighborhood standards, style, design, arrangement, color, textures, materials, where subject to public view.

An executive officer of the municipality carries out decisions.

Time limits are prescribed, decisions must be in writing, failure to act within specified time amounts to approval.

Appeals are allowed, either to equity court, more often city or county councils.

Violators are subject to fines and imprisonment.

Historic Districts and City-wide resources

Survey to identify local historical resources

Historic resources map

Designation standards

FredericksburgHistoric Districts

Other issuesHandling of Government owned or controlled property

Coordination with other issues of the built environment.

Land Use Zoning.

1. Coordination is necessary so that zoning isn’t encouraging demolition while historic preservation is seeking to encourage rehabilitation.

2. Rehabilitation and new construction should not compete.For example: The City of Fredericksburg established Tourism and Technology zones in order to target specific business for specific areas. Economic incentives are available in order to attract development, and create a more business friendly environment. 

3. Building codes should not be anti-preserve

Other ordinances– setbacks, density ordinances.