Explainer: How Does the Proposed Historic Preservation Ordinance Work?

Here's an outline about how the proposed ordinance written by the Historic Preservation Advisory Commission (HPAC) would work. Keep in mind: This is a proposed ordinance. It is not yet on the books.

The draft ordinance is attached to this article. Read it in its entirety by clicking on the PDF to the right.

What makes a building or site historic? According to the draft ordinance, a property might be considered "historic" if:

• The building exemplifies the character, interest, heritage, or culture of the city, state or county.
• It is connected to a significant person or event in the city's history
• It is the work of a master architect or builder.
• If it is a local landmark.
• It is over 50 years of age at the date of nomination.

Who desginates a property as historic? Ultimately, the city council decides.

The HPAC researches the matter, then takes a vote on it. If a majority vote is reached, the commission sends a recommendation to the city council. The ordinance explicitly states that the property owner will be notified in advance of the recommendation to allow them to review and comment on the proposed designation. The recommendation will be accompanied by a report on the specific property and a "plan for treatment of the property." 

Only the city council can designate the site or house as historic. This is done by putting a resolution to a vote at a meeting, after a public hearing has been held.

What are the benefits of being designated as a historic property? Proponents of the ordinance argue that a designation can enhance the home's market value. The ordinance is meant to protect the integrity of the neighborhood, which would prevent your neighbor from doing anything damaging to his home which might diminish the overall value of the area.

A local ordinance is the only means of protecting a property from destruction in the event that say Wal-Mart wants to locate next door—or on your property. Even a listing on the National Register of Historic Places does not place a prohibition on razing properties. That power is reserved to local governments.

A historic home can also be eligible for grant money, which is available for repairs and restoration.

What happens once my property has been designated as historic? Will I need a special permit to work on my house? Yes.

An alteration permit will be required in the event of:

• A major remodel or change to the building's outside appearance, including awnings or signs.
• Permanent interior remodeling that "visibly affects its exterior appearance" (ie changes that are apparent from the street view). 
• New construction of an addition, garage or landscape feature.
• Moving a building.
• Demolition.

Who grants the permit? Permits will be approved or denied by the HPAC. However, in the event of a denial, any appeal will go before the city council, which has the power to modify or overrule a denial by HPAC.  Homeowners must make an appeal within 10 days of denial.

Are there exceptions? Yes.

The ordinance provides an exception in the event of emergency repairs. If you home catches on fire or is crushed by a tree, the commission will not weigh in on how to repair it.

The ordinance also provides for a simplified permit process for for "minor work," which is defined as re-roofing or repairs to existing windows, doors, siding, trim, porches, fences, and retaining walls. These permits will not go before the commission. Instead they will be reviewed by city building officials. No review of any kind will be required for utility work or sidewalk repairs, unless the work requires significant distrubance or removal of a designated historic object or feature.

What happens if I violate the ordinance? Building officials can issue a "Notice of Violation." If the notice goes unheeded, the city can issue a stop work order or commence a civil injunctive action to stop, prevent, or abate the violation. 

Is the program voluntary? Yes, though it is not explicitly described as such in the ordinance itself. Anyone owning a property on the proposed list of historic places can "opt out." Eight properties have already been taken off the list. However, if the owner does not opt out, they are assumed to be "opted in." This is one of the major areas of contention.