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HomeMy WebLinkAboutItem 6 Preservation Plan Ordinance Review Review of Existing Historic Preservation Ordinances Purpose and Intent The section establishes the rationale for the preservation ordinance and emphasizes the benefits for the community. Section 30-447(A), Purpose, adequately addresses this provision. Perhaps this section could describe the benefits of being a State/National Historic District. Definitions Establishes the meanings of the terms used in the ordinance. For example, it describes a Landmark as an individual property designated as an historic landmark under paragraph (F) of this Section, a contributing structure within an historic district, or a property included as part of a thematic group designated a landmark. Twenty terms exist in Section 30-447(B) but there are terms in the ordinance that are currently not defined in the section. Terms that appear in the ordinance and warrant definitions here include: certificate of consistency (certificate of appropriateness), City, material change, and Secretary of the Commission. SECTION 2-48 LANDMARKS COMMISSION This section determines who is responsible for carrying out the duties described. Usually this is the Landmarks Commission. Elements of this section include: Membership and Terms: Defines the makeup of the Commission. Landmarks Commissioners are appointed by the Mayor with City Council approval. Members usually bring experience related to preservation, restoration, design, art history, etc. Specific experience is not currently required. Chapter 2 of the Municipal Code establishes the Landmarks Commission in accordance with Wis. Statutes 62.23 (verify). The Chapter assigns multiple advisory roles to the Commission, along with the safeguarding of historic resources and administration of the Historic Preservation ordinance. Section 2-48 does not include membership criteria. The City should create and list membership criteria for the Commission in this Section. Removal from Office This would provide that the Mayor and/or City Council may remove members of the Landmarks Commission with just cause. This does not currently exist. Inclusion in the section is optional. Appropriate language could be, "The Mayor, with City Council approval, may remove any member of the Landmarks Commission for just cause." Vacancies Outlines procedures for filling vacancies on the Landmarks Commission Chapter 2 of the Municipal Code adequately covers vacancies. Operating Procedures Section 2-36 of the Municipal Code describes how all boards and commissions shall conduct business. The procedures themselves are listed in separate documents. The procedures apply for boards and commissions unless otherwise stated. • Section 2-36(F) states that boards and commissions shall generally be governed by such rules of order as the Council may adopt from time to time as may be necessary for the efficient conduct of business. The most recent version of Robert's Rules of Order may be used for guidance if a matter is not addressed within the adopted Rules of Order. • Sections 2-36(E), (G), (H), and (J) establish procedures for operation. These sections appear adequate. Duties, Purposes,and Functions This creates the Landmarks Commission's focus. This includes review authority granted to the Landmarks Commission and other purposes and functions the Commission has (such as recommendation of historic resources to Landmark, implementing the Historic Preservation Ordinance, matters related to the Grand Opera House, etc.) Community education and outreach are important duties of the Commission that be included in this section of the Municipal Code. • Section 2-48(B) nine (9) duties, purposes, and functions. The Historic Preservation Ordinance (Section 30-447) also lists the scope of the Commission's review authority. These provisions are adequate, but additions could be made to the ordinances. • Potential additions for Section 2-48(B) include the review and recommendation for preservation easements, and the creation of design guidelines for applicants and the Commission when reviewing applications for Certificates of Appropriateness. • Potential for the Landmarks Commission to serve an advisory role for proposed changes to land use or zoning within historic districts. District Boundaries/Jurisdiction A section would define the jurisdiction of the historic preservation ordinance. The Landmarks Commission would have review authority over demolition or work proposed for all properties within the prescribed boundaries. Such work would require a Certificate of Appropriateness. Sections 30-447(H) and 30-447(I) state for Landmarked properties and non-landmark historic properties the procedures for review of work proposed for these historic properties. No specific geographic boundaries are mentioned so the Commission could consider amending these sections. Landmarks Meetings States the frequency of Commission meetings. An ordinance section would determine the minimum meeting requirement. It could state that the Commission would meet monthly unless there was no business to take up for the month. The ordinance would also explain that the meetings are open to the public(per State Statute) • Section 2-36(E) states that boards and commissions shall hold regular meetings at a regular time and place as fixed by the board or commission. Section 2-48 could be amended to explain that the Landmarks Commission shall meet monthly unless there is no business to take up for the month. Annual Reports This section would establish that annual reports be provided for two reasons. Annual reports are currently provided to fulfill the City's Certified Local Government(CLG) requirement. The Commission could also provide annual reports to the City Council to ensure that the Commission's operations continue with the approval and support of the City. The reports can range from simple to very detailed depending on requirements. • Currently Section 2-48(B)(3) states that the Landmarks Commission shall, "report to the Oshkosh City Council as requested to review its work program and expenditures." • This section could change to state that, "the Landmarks Commission shall create an annual report for presentation to the City Council and State Historic Preservation Office. The report shall explain the state of preservation efforts in the City, and recommend improvements where the Landmarks Commission deems necessary." Landmarks Commission Training This provides for training for the Landmarks Commission and may define that continuing education with a professional consultant or the State Historic Preservation Office (SHPO) may occur. This education is important to ensure that the Commission stays aware of current trends and developments in preservation. • This currently does not exist in the ordinances but could be included. • Example language could state, "All Landmarks Commissioners shall participate in at least one continuing education session annually. These may include Wisconsin Historical Society conferences, Wisconsin Association of Historic Preservation Commissions (WAHPC) conferences, workshops,seminars,etc. in the state or country which shall not be part of a regular Landmarks meeting." Staff Assistance This describes how City staff may assist Landmarks in carrying out the Commission's tasks. This can involve staff ability to perform administrative reviews of some work as delegated according to Landmarks. • Section 30-447(1)(e) and Section 30-447(2) describe instances where staff may administratively review and approve work proposed for historic properties (when work is consistent with ordinance guidelines). Historic Resources This section allows for the listing of historic properties in official local,state, and national registers. Resources to be listed include structures, historic districts, neighborhood conservation districts, sites, monuments, etc. Sub-topics include: Designation Criteria This section states that the Common Council may designate historic properties as Landmarks upon recommendation from the Landmarks Commission if the properties meet specific criteria. Objective criteria listed in the ordinance ensure that it is easier for staff to defend historic designations to the public and in court. Designation criteria will explain what characteristics of a property merit historic designation. • Section 30-447(F)(1)-(2) states that the Common Council may designate properties as Landmarks with the Commission's recommendation. Section 30-447(E) explains the designation criteria. According to the State Historic Preservation Officer,Section 30-447(E) is the vaguest and could be refined. This section states that a property under consideration, "embody the distinguishing characteristics of an architectural style, inherently valuable for a study of period, style, method of construction, or of indigenous materials or craftsmanship; or." • The section listed above would benefit from further clarification, but overall,the six designation criteria in the ordinance are clearly listed and provide means for the Commission to evaluate the eligibility of potential properties. Cultural Resources Eligible for Designation This states that the City can create and maintain a current list of historic resources eligible for designation. Such a list would allow the City to designate historic properties as the need arises. It would also alleviate some of the time required early in the process to examine which historic properties are eligible for landmarking. • This list currently does not exist, but should be included. • Section 2-48(B)(1) explains that the Commission shall, "recommend to the City Council those historic sites, structures, and districts which are of sufficient significance to be classified as landmarks and the criteria under which these were developed." The ordinance explains the Commission's task of recommending properties for Landmark designation, but does not state anything about conducting studies for identification of potential landmarks or a list of historic resources eligible for Landmarking. Survey Methods This describes the process for undertaking an historic survey. This section includes criteria for the designation of historic properties. It will describe whose role it is to undertake the survey(Landmarks, City staff, or a consultant). • Currently no such section exists, but it should be included. • A number of means exist for identifying potential properties such as placing buildings within their historical context, taking a reconnaissance survey, or performing a property-by-property survey. Designation Initiation This section explains who may begin the process for the surveying and designating of a Landmark, a District, or a Thematic Group. The commission may examine the official survey and base a nomination on the survey. Property owners may nominate their historic properties for designation. Section 30-447(F)(1) states that the Common Council,the Landmarks Commission in consultation with the property owner, the property owner, or owners of fifty-one percent(51%) of the parcels in the proposed district may initiate the process by filing an application with the Secretary of the Commission. This section appears to be adequate. Designation Hearing The Landmarks Commission should hold a public hearing and the City should properly notice the time and place of the hearing according to state statute. Section 30-447(F)(2)(a) states the requirement for a public hearing to occur before the Landmarks Commission makes any recommendation to the Council. It also explains the process for notifying the public. This section is adequate. Designation Process This section establishes the procedures that the Commission follows when nominating and designating historic properties. It explains specific tasks for the Landmarks Commission and staff, and application procedures and appropriate time periods. • Section 30-447(F) explains the procedure for designation of Landmarks. • This section is broken up into subsections for various steps in the process and it details the order of steps in the process. The section clearly lists the order of steps and the order in which they must occur. This section is adequate. Designation Ordinance During the process of designating a local historic district or thematic group,the map delineating the boundaries for the district or thematic group must be reviewed and approved by the Common Council in ordinance form. The ordinance defines the agency responsible for the official recording of the district(s). This is usually the Winnebago County Register of Deeds. • Section 30-447(2) does not explain the recording process for Landmarks or local historic districts of thematic groups. Section 30-447(2)(c) does explain that designations shall be in ordinance form. A final section that details the process and requirement of recording the landmark, local historic district, or thematic group at the Register of Deeds should be added. Designation Notification Notification of designation to other City agencies and departments is sometimes used by communities so that after a resource is designated, initiatives pertaining to the designated historical property are made with the knowledge of the designation. • This does not exist in the ordinance, but could be included as its own section. Designation Appeal This provides the owner/applicant the right to appeal any historic designation Landmarks makes. Appeals are made to the Common Council. There is a procedure in place for Rescission of Landmark designation. The Common Council is a necessary part of the designation process so the Rescission rather than appeals section is in place. Section 30-447(G) provides a procedure for the rescission of landmark, historic district or thematic group designation. Rescission of Designation Provides that the Common Council may consider a rescission of designation with the recommendation of the Landmarks Commission. This procedure would occur in the same manner provided for in the Designation section. Section 30-447(G) adequately provides for the rescission of landmark, historic district or thematic group designation.