PRESERVATION ORDINANCE COMPARISON. october

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1 PRESERVATION ORDINANCE COMPARISON october A comparison of the City of Winter Park s preservation ordinance, policies and incentives to selected municipalities 2013

2 PRESERVATION ORDINANCE COMPARISON Background The City of Winter Park is nationally recognized for its array of vintage architecture and historic areas even though the overall volume of historic resources is modest. Downtown is a unique destination for shopping and dining in an authentic Old Florida traditional atmosphere complemented by cultural attractions. Vintage residential neighborhoods near downtown offer diverse housing types in a variety of period architectural styles. The policy of the city is to promote the educational, cultural and economic welfare of the public by preserving and protecting historic structures and sites which serve as visible reminders of the history and cultural heritage of the city. It is also the intent to strengthen the economy of the city by stabilizing and improving property values in historic areas, and encourage new buildings and development that will be harmonious with existing historic buildings and districts. The City Commission recognizes the importance of historic preservation to the economy and quality of life in Winter Park. In 2000, the Central Business District Façade Design Guidelines were amended to preserve important architectural features on historic building façades. In 2001, the city adopted a historic preservation article into the Land Development Code. The city initiated listing the Downtown Winter Park and Interlachen Avenue Historic Districts in the National Register of Historic Places in 2011 and 2012 respectively to incentivize rehabilitation and revitalization in these important areas and promote tourism. In a democratic society, our laws and policies ultimately reflect our priorities. Thus we restrict things deemed harmful and seek to promote things that are viewed as beneficial. Historic preservation laws reflect a decision by policy makers that our heritage, whether national or local, is significant and should be preserved for future generations. While steps have been taken to incentivize and encourage the preservation of buildings and areas important to the city s economy and quality of life, the loss of historic resources has continued. The recent WRT economic development analysis observed the positive role preservation plays in a sustainable approach to growth. Issues regarding the potential demolition of the James S. Capen House triggered the City Commission s instructions to review the policies and codes for historic preservation. The process includes benchmarking the city s historic preservation ordinance against other governments identified by the 1

3 Process Overview Utilizing the Municode online library of codes and agency websites, staff compared key issues across the ordinances. Telephone calls were used for clarification and to determine if the actual number or percentage of identified historic resources was protected to the community s satisfaction. Key Issues Winter Park s historic character sets the city apart from surrounding communities even though the areas and buildings deemed historic today are a small part of the city s acreage and a minor number of the city s commercial and residential buildings. Winter Park s historic preservation ordinance has been in place since It is largely voluntary in nature and places the responsibility for preservation on individual owners and neighborhoods. The ordinance has resulted in a modest success rate of properties listed on the Winter Park Register of Historic Places and thus protected. The ordinance has been highly satisfactory in the review of additions to designated buildings and infill and redevelopment in the two established local historic districts. It has not been sufficient to prevent the continued loss of historic resources. The challenge going forward is how to effectively achieve the protection of important historic properties and areas where owners have not opted to voluntarily list their individual properties or to organize their neighborhoods to establish a district so that more historic properties are protected for future generations. Key issues are the designation and protection of individual historic properties and historic districts, design review for additions, infill and redevelopment, demolition controls, incentives and appeals to preservation decisions. Historic preservation is a future oriented process, thus for all but the smallest constrained communities, preservation, like history is never done. Benchmark Observations Just as each city, county and state has different historic resources, each public agency s approach to historic preservation is organized differently. Zoning, historic preservation and design review have long been determined to be an appropriate use of government power for the public good. The United States Supreme Court has affirmed that historic preservation is a valid public purpose and is not a taking where there is a reasonable economic use of the property. There are certain legal and procedural commonalties in all the ordinances reviewed including substantive and procedural due process. These are establishment of legislative and quasi-judicial actions, adequacy of notice, right to be heard, records, and appeal process. Orange County was not found to be a key comparison because the county s historic resources are concentrated in the incorporated municipalities. Maitland was also found not to be a key comparison because of its very limited number of historic resources. Savannah and Charleston have their own states laws to consider but are important for comparison because they were both among the first cities to make historic preservation part of their planning process and have tested experience. 2

4 Demolition Because historic resources are irreplaceable once lost, demolition review and control is essential. It is the first line of protection for significant buildings whether they are locally designated or not. That said, not every aging structure can or should be retained so a thoughtful identification and review process is crucial. Some comparison communities review all demolition requests for properties over a certain age and/or properties that have been identified as historic in surveys and inventories, whether or not they have been formally designated or included in an established district. In most of these instances, staff first determines if the property retains architectural integrity and/or contributes to a potential historic district. If so, staff may direct the demolition request to a board for review. In Coral Gables for example, very few properties with a demolition request are found to be historic and not already designated, and so are referred to the HPB. While there have been numerous demolitions for redevelopment in Winter Park, a relatively small percentage would have been referred to the HPB even if all properties in the city s Florida Master Site File survey of historic resources were subject to board review. All boards have some variation of the same criteria the Winter Park HPB considers for the demolition of historic properties. Importantly, most of the comparison communities also provide for economic hardship consideration and include specific evidence requirements for hardship allegations. This is valuable to avoid takings claims. Most communities provide for a demolition delay period to consider alternatives to demolition and/or may deny demolition of significant structures when hardship claims are not supported. Most communities also require that a permit for new construction be issued prior to the issuance of a demolition permit if approved. Winter Park s HPB mission and duties provide for the HPB review of all surveyed historic buildings proposed for demolition but does not include a process for that review. Designation Winter Park has a number of landmark historic buildings that are not located in potential historic districts as well as collections of buildings in potential historic districts. Districts are the preferred method of efficiently preserving groups of historic buildings and their settings. All comparison districts allow appropriate additions and infill development. Some of the comparison communities treat historic districts as an overlay to existing zoning as Winter Park does, others like Longwood and St. Augustine, treat their districts as zoning categories with specific development standards and land uses. Longwood prepared to welcome a SunRail station by planning its historic district and adjacent heritage village zone to take advantage of its unique vintage buildings. Longwood s district allows for mixed use so that a historic house may be used for permitted commercial uses, and the district has detailed design guidelines. No comparison community requires an owner vote to establish a district. Most comparison historic districts were created through a zoning hearing process or comparable HPB hearing. Sarasota s process is similar to the National Register in that the district (or an individual property) will not go forward if a majority of the property owners file notarized objections before the hearing. As observed elsewhere, historic preservation, like history, is never done. Charleston, 3

5 finding that it had completed the recommendations in its 1974 preservation plan, recently created a new preservation plan that expands the preservation effort into newer and more modest historic and conservation districts well beyond the long established peninsula historic districts. Savannah has also expanded its preservation planning beyond its historic park square district into more humble neighborhoods. Incentives Although not an effective preservation measure on their own, incentives have a worthy role in keeping historic structures vital and useful as land use and development patterns change over time. Winter Park and most Florida cities offer the state permitted ad valorum tax incentive for the rehabilitation of historic buildings. This incentive provides relief for the taxable value of approved rehabilitations for up to ten years. For cities offering this incentive, the State of Florida provides an application and instructions. South Carolina has the Bailey Act which is a similar tax abatement for rehabilitation. Cities may also receive façade and/or conservation easement agreements which may offer a tax benefit to property owners. Some cities allow variances during design review of additions to historic buildings. Winter Park s process is streamlined compared to Orlando which requires a separate variance application to their board of adjustments as well for design review to their HPB. Sarasota allows major conditional use approval to, perpetuate the viable contemporary utilization of the historic structure, in cases where such a conditional use is otherwise not permitted in the zoning district. Sarasota s code also formalizes relief from certain building code requirements for historic buildings as permitted in the Florida Building Code. Winter Park recognizes that consideration, but it is not codified. Orange County gives special consideration to historic buildings when a special exception request is made for a bed and breakfast inn or country inn. Some cities, including Coral Gables, codify the transfer of development rights (TDR) as an incentive. In cases where preservation removes some part of development rights that otherwise might be available, that potential development may be transferred to a designated receiving area. The landmark United States Supreme Court case that affirmed the power of governments to preserve historic buildings (Penn Central Transp. Co. v. City of New York) recognized the relevance of a TDR in that situation to mitigate any economic hardship. Comparison cities, as Winter Park did, list commercial historic districts on the National Register of Historic Places to enable the federal tax credit for rehabilitation. 4

6 COMPARISON TABLES 5

7 ORDINANCE ELEMENT WINTER PARK LONGWOOD Individual Designation a. NRHP criteria applied at the local level. Commissioner may recommend. No process. Historic resources are located in the designated historic district. Individual Owner Permission Required N/A District Designation Process a. Two-thirds favorable vote of all the owners in the district required to advance a. Longwood Historic District listed on the NRHP in b. Downtown historic (DH) zoning district subsequently adopted. c. Heritage Village district Urban Code overlay adopted (east part of the HD and corridor to SunRail station). d. Longwood Design Guidebook. e. All adopted via the zoning process. Demolition Review b. May recommend for or against demolition of FMSF properties per powers and duties, however no process is codified so there is no effect. c. Variances based on design. a. Required for all properties in a Historic overlay district. b. Longwood Historic District Code Book includes regulations and the Standards for Rehabilitations are also applied. c. Variance requests from the regulations go to the City Commission except waivers from the color guide and architectural regulations may go to the City Administrator. a. All recognized historic building demolitions are reviewed by the staff. b. Denials go to City c. Minimum waiting period of 270 days which may be extended another 270 days. Purpose is to ensure time to pursue and complete feasible alternatives to demolition. d. If demolition is approved, a written and photographic record of the building shall be made. a. Downtown Historic District Matching Grant Program. b. Variances may be granted by the city commission. To the City Commission with a 15 day window from city commission decision go to the courts. to Staff decisions To the HPB To the city commission with a 15 day window 6

8 ORDINANCE ELEMENT WINTER PARK MAITLAND Individual Designation a. NRHP criteria applied at the local level. Commissioner may recommend. Individual Owner Permission Required District Designation Process a. Two-thirds favorable vote of all the owners in the district required to advance Demolition Review b. May recommend for or against demolition of FMSF properties per powers and duties, however no process is codified so there is no effect. c. Variances based on design. The City of Maitland includes historic preservation into their code in a very limited way. A definition of historic structure is included. Variances for the repair or rehabilitation of historic structures may be issued. Maitland s RS-D1 zoning district has specific standards for an existing medium density residential area of smaller lots with some historic homes. The Cultural Corridor (CC) district mentions historical uses but contains no special provisions for them. Demolition for any structure requires a permit with no special provision for historic buildings. a. Garage apartments permitted in the RS-D1 zoning district. b. Variances for the repair or rehabilitation of historic structures. To the City Commission with a 15 day window To an appropriate board or to the City Council. to Staff decisions To the HPB To an appropriate board. 7

9 ORDINANCE ELEMENT WINTER PARK ORLANDO Individual Designation a. NRHP criteria applied at the local level. Commissioner may nominate. a. NRHP criteria expanded and clarified, and applied at the local level. b. Owner, City Council member, HPB, government agency or organization with a vested interest may nominate. c. Public Hearing at HPB. d. Public hearing at Municipal Planning Board. e. Finalized by ordinance of the City Council. Individual Owner Permission Required Not required District Designation Process a. Initiated by petition of 20% of owners. a. May be initiated by petition of 15% of b. Study and public outreach. owners, HPC or commission member. c. Two-thirds favorable vote of all the b. Study. owners in the district required to advance c. Public hearing by the HPB. d. Public hearing by the Municipal Planning d. Public hearing by the HPB for Board for consistency with the Growth Management Plan. e. Finalized by Resolution of the City e. Finalized by Ordinance of the City Council. a. Certificate of Review (COR) is required for designated individual properties and all properties in a b. The U.S. Secretary of the Interior s Standards for Rehabilitation are the general standards for review. c. The HPB may approve variance requests as part of the COR process. d. HPB public hearing. e. HPB issues final decision. Demolition Review b. Criteria are used for evaluation. c. May recommend for or against demolition of FMSF properties per powers and duties, however no process is codified so there is no effect. c. Variances based on design may be approved by the HPB with the COR. To the City Commission with a 15 day window a. Certificate of Appropriateness required for designated individual properties and all properties in a b. The U.S. Secretary of the Interior s Standards for Rehabilitation are the general standards for review. The Standards text is included in the code standards for existing structures, additions and new construction. c. HPB public hearing. d. HPB issues final decision. b. Criteria used for evaluation by the HPB. c. Economic hardship claims must be supported by data defined in the code. d. Permit for new development must be obtained prior to receiving a demolition permit. a. Ad valorum tax incentives for approved To the City Council. to Staff decisions To the HPB. To the HPB. 8

10 ORDINANCE ELEMENT WINTER PARK ORANGE COUNTY Individual Designation a. NRHP criteria applied at the local level. Commissioner may recommend. No process. A definition of historic structure is included in the code. Historic structures must be identified in development review reports and reasonable measure taken to avoid negative impacts. Individual Owner Permission Required N/A District Designation Process a. Two-thirds favorable vote of all the owners in the district required to advance No Process. Old Apopka Road Historic designation by ordinance. Demolition Review b. May recommend for or against demolition of FMSF properties per powers and duties, however no process is codified so there is no effect. c. Variances based on design. For all commercial building applications, primary facades must be compatible with historic areas and historic structures. Historic structures must be identified in development review reports and reasonable measure taken to avoid negative impacts. a. Special consideration given to historic buildings for use as Bed & Breakfast Inns. b. Variances may be granted from all codes so as not to destroy historic character. c. Variances may be granted from flood plain requirements. To the City Commission with a 15 day window To the City Commission with a 10 day window to Staff decisions To the HPB To the appropriate board. 9

11 ORDINANCE ELEMENT WINTER PARK CORAL GABLES Individual Designation a. NRHP criteria applied at the local level. Commissioner may recommend. a. NRHP criteria expanded and clarified, and applied at the local level. b. Owner, Board of Architects or HPB may recommend. c. Public Hearing at HPB. d. Finalized by Resolution of the HPB. Individual Owner Permission Required Not required District Designation Process a. Two-thirds favorable vote of all the a. Public hearing at the HPB. owners in the district required to advance b. Finalized by Resolution of the HPB. Demolition Review b. May recommend for or against demolition of FMSF properties per powers and duties, however no process is codified so there is no effect. c. Variances based on design. To the City Commission with a 15 day window to Staff decisions To the HPB To the HPB b. Review by Building & Zoning Department. c. HPB public hearing. d. HPB issues final decision. a. HP staff reviews all applications. b. Permit good for 6 months. c. Staff may refer to HPB for designation. d. Criteria are used for evaluation. e. Additional information may be required such as appraisal and historic assessments. f. Demolition may be deferred. a. Ad valorum tax incentives for approved b. Variances based on design. c. Transfers of development rights. To the City Commission with a 10 day window 10

12 ORDINANCE ELEMENT WINTER PARK SARASOTA Individual Designation a. NRHP criteria applied at the local level. Commissioner may recommend. a. NRHP criteria applied at the local level. b. Signs may be designated. c. Owner or HPB may recommend. d. Public Hearing at HPB. e. Finalized by ordinance of the City Individual Owner Permission Required Owners may file a notarized statement of objection within a 15 day window of receiving notice to stop action. District Designation Process a. Two-thirds favorable vote of all the owners in the district required to advance Demolition Review b. May recommend for or against demolition of FMSF properties per powers and duties, however no process is codified so there is no effect. c. Variances based on design. a. Public hearing and recommendation at the HPB. b. Majority of lot owners or majority landowner may file notarized statements of objection to stop action. c. Finalized by ordinance of the City a. Staff conducts initial review of FMSF listed buildings. b. FMSF properties (designated or not) are reviewed by the HPB. c. All properties in a designated historic district and individually designated buildings are reviewed by the HPB. d. 120 day review period to explore mitigation. e. Up to one year possible stay of demolition. a. Ad valorum tax incentives for approved b. Relief from building and flood code requirements. c. Major conditional use consideration for historic properties. To the City Commission with a 10 day window To the City Commission with a 15 day window to Staff decisions To the HPB To the HPB with a 10 day window 11

13 ORDINANCE ELEMENT WINTER PARK ST. AUGUSTINE Individual Designation a. NRHP criteria applied at the local level. Commissioner may recommend. a. NRHP criteria applied at the state and local level. b. Owner or HARB may recommend. c. Public Hearing at HARB. Individual Owner Permission Required Not required District Designation Process a. Two-thirds favorable vote of all the owners in the district required to advance to public a. Public hearing and recommendation at the HARB. hearing. b. Created in 1971 as historic preservation zoning with land uses referenced. c. Finalized/amended by ordinance of the City designated district. Demolition Review designated district. b. May recommend for or against demolition of FMSF properties per powers and duties, however no process is codified so there is no effect. c. Variances based on design. To the City Commission with a 15 day window to apply. historic preservation zoning district. b. Required for all properties abutting or facing historic zoning district properties. c. HARB public hearing. d. HARB must make recommendations for changes in the case of a denial and applicant can return. a. FMSF properties, properties over 50 years old or older (designated or not) and all properties in local or National Register districts are reviewed by the HARB. b. One year possible stay and a second one year stay may be issued. c. Replacement building design and permit must be approved prior to demolition. d. Recording and salvage may be required. e. Engineering report may be required. f. Economic hardship proof is required. g. Exceptional buildings may be denied if no economic hardship is found. h. Colonial buildings, local landmarks and National Register eligible buildings demolitions must be approved by the city commission. a. Ad valorum tax incentives for approved b. Relief from building and flood code requirements. To the City Commission with a 30 day window to Staff decisions To the HPB To the HARB with a 15 day window 12

14 ORDINANCE ELEMENT WINTER PARK WEST PALM BEACH Individual Designation a. NRHP criteria applied at the local level. Commissioner may recommend. a. NRHP criteria applied at the local level. b. HPB, city commission, staff or owner may initiate application. d. Finalized by the City Individual Owner Permission Required Not required District Designation Process a. Two-thirds favorable vote of all the owners in the district required to advance a. HPB, city commission, staff or 51 % of owners may initiate application. b. Public hearing at HPB for a c. No owner vote required. d. Finalized by the City Demolition Review b. May recommend for or against demolition of FMSF 1 properties per powers and duties, however no process is codified so there is no effect. c. Variances based on design. To the City Commission with a 15 day window to Staff decisions To the HPB To the HPB historic district. b. Some broad standards incorporated into the ordinance. c. 5 different historic neighborhood context development regulations for historic residential districts. d. HPB public hearing. e. Code includes conditions for denying relocation for historic buildings. a. HPB reviews all demolitions in districts. b. Reviewed and approved new construction permit required prior to demolition unless waived for good cause. c. Criteria listed for denial. d. 90 day delay period to explore options. e. May require salvage f. Planners or board may initiate the designation of undesignated buildings proposed for demolition if warranted with a 120 day delay period. a. Ad valorum tax relief for qualified improvements to locally or NRHP listed properties. To city commission within 30 days. City commission applies the same standards and criteria as the HPB. 13

15 ORDINANCE ELEMENT WINTER PARK CHARLESTON, SC Individual Designation a. NRHP criteria applied at the local level. Properties are included in the districts. Commissioner may recommend. Individual Owner Permission Required Not required District Designation Process a. Two-thirds favorable vote of all the owners in the district required to advance Demolition Review b. May recommend for or against demolition of FMSF 1 properties per powers and duties, however no process is codified so there is no effect. c. Variances based on design. To the City Commission with a 15 day window to Staff decisions To the HPB To the BAR a. Established as zoning districts (Old and Historic District and Old City District). b. Updated Preservation Plan identities future conservation and character districts. historic district. b. Board of Architectural Review (BAR) public hearing. c. BAR shall make design recommendations to applicant. d. The historic districts have detailed design standards. a. BAR reviews all demolitions in Old and Historic District, Old City District, and all structures listed in historic inventory. b. BAR may deny outright or postpone for up to 180 days. a. Variances for the repair or rehabilitation of historic buildings may be granted by the city engineer. b. S. C. State Bailey Act offer ad valorum tax relief for To the circuit court stating why the decision is contrary to law. 14

16 ORDINANCE ELEMENT WINTER PARK SAVANNAH, GA. Individual Designation a. NRHP criteria applied at the local level. Properties are included in the five districts. Commissioner may recommend. Individual Owner Permission Required Not required District Designation Process a. Two-thirds favorable vote of all the owners in the district required to advance Demolition Review b. May recommend for or against demolition of FMSF 1 properties per powers and duties, however no process is codified so there is no effect. Incentives d. Ad valorum tax incentives for approved e. Accessory dwelling units. f. Variances based on design. To the City Commission with a 15 day window a. Historic zones, traditional neighborhood & commercial zones and conservation districts established by ordinances adopted/amended by city commission. b. Conservation districts include zoning with land uses referenced. historic preservation zoning district. c. The historic district has highly detailed design standards. a. Buildings rated historic may only be demolished when they are a threat to public safety per engineering report or in the case of economic hardship demonstrated by evidence. b. The board may apply reasonable stipulations. c. Replacement building design and permit must be approved prior to demolition. a. Variances for the repair or rehabilitation of historic buildings may be granted by the city engineer. To the board of zoning appeals. to Staff decisions To the HPB To the HPB or to the board of zoning appeals depending on the issue. 15