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HomeMy WebLinkAboutItem 6 Regulatory Mechanisms Regulatory Mechanisms(based off pg. 65 of Cedar Rapids Plan) Regulatory mechanisms allow the community to protect its historic properties. The primary regulatory mechanisms are the historic preservation ordinances and zoning regulations. The design review process and design standards that regulate treatment of Oshkosh's Downtown and historic districts. These provide a basic framework for preservation related activities with some room for improvement. As the Commission undertakes efforts to revise the current preservation ordinance, it will be important to consider the other local, state, and federal regulations. The Commission will have to ensure that the preservation ordinance does not conflict with any other existing standards. Different zoning mechanisms such as the Traditional Neighborhood Overlay(TND-O) can serve as effective management tools for particular districts. In designated historic districts,strengthening the application and/or enforcement of the existing Historic Preservation Ordinance could serve as an effective means of preserving historic properties. The City recently updated its comprehensive plan in 2018. The revised zoning ordinance took effect on January 1st, 2017. The current zoning ordinance is a form-based ordinance and includes unique design standards for the Downtown area. Within the new ordinance there are a number of means by which to protect the City's historic assets. Within the code there are revised parking and landscaping standards. Special design standards can help protect the character of historic districts and older neighborhoods. The more the City integrates underlying zoning with preservation and design objectives for an area,the more effective the Landmarks Commission will be in carrying out its duties. Municipal Code A number of ordinances in the Oshkosh Municipal Code serve together as the basic standards for work conducted on historic sites and properties. These ordinances also determine the processes for establishing protections for these properties depending on their historic designations. Chapter 7 of the Municipal Code is the chapter that addresses buildings. Chapter 30 of the Oshkosh Municipal Code is the Zoning Ordinance. The following sections especially apply to historic properties: Chapter 30:Article VI Overlay Districts, Chapter 30:Article VIII Exterior Building Design Standards, Chapter 30:Article XIV Historic Preservation. Chapter 7 This chapter addresses construction and establishes basic standards for life-safety purposes. The chapter adopts the State building code which addresses requirements for fire safety, emergency exiting, light and ventilation, etc. Within the International Building Code used by the State of Wisconsin and Oshkosh Inspections Services Division, provisions exist for historic structures. City staff can help property owners find design options that are historically sensitive options while meeting building code requirements. However, property owners must ensure that their solutions meet the requirements of all pertinent City departments. Right now this occurs without a project lead to coordinate the efforts of the property owner with the objectives of the Commission and other City departments. Chapter 30 Zoning Ordinance The Oshkosh zoning ordinance was revised and took effect January 1st, 2017. This ordinance shapes existing and new developments in the City. It defines basic zoning districts and uses permitted within them. It also defines maximum densities and dimensions such as height,area,and setbacks. The base standards of the zoning ordinance apply to all properties within the City. The ordinance includes base districts and overlay districts that can apply. For base districts,the regulations apply to all properties in each district. In overlay districts,specific additional regulations can apply as needed unique to the particular district. The zoning ordinance addresses residential, multi- family, mixed use, commercial, industrial, institutional,and various other uses. It includes districts defined to accommodate various densities and scales. Traditional Neighborhood Overlay districts and the Central Mixed Use districts include standards designed to preserve the historic character of these areas. These districts have standards that apply to new construction and work performed on existing structures. At the time of the plan however, no Traditional Neighborhood Overlays exist in practice. Sometimes overlay districts may benefit the historic character of older areas of the City as in the case of the Traditional Neighborhood Overlay. However, in other cases, overlays have the potential to conflict with historic preservation efforts because they can allow for development that deviates from the historic fabric. In other situations,the base zoning requirements can conflict with preservation efforts because the base standards can be too restrictive. For example, many older lots in the Center City are too small to comply with the basic zoning standards currently. Years ago however, many houses were often built closely together. Therefore, current zoning setbacks may not integrate well with the preservation aim of preserving the character of older neighborhoods. Chapter 30:Article VI Overlay Districts The Traditional Neighborhood Overlay(TND-O) is the primary overlay district meant to preserve historic character of an area. It is intended for neighborhoods where there is an established pattern of architectural character. This district is meant to allow for a greater degree of control over the character of existing and new development than is the case in base zoning. Usually areas built up before 1950 would potentially qualify for this overlay designation. The Traditional Neighborhood Overlay includes its own set of more stringent design standards and these go beyond what is included in the regular design standards. Design Standards for Overlay and Special Districts The TND-O mentioned above, the Central Mixed Use and Riverfront Overlay districts have their own prescriptive design standards. These address preservation along with other context-specific standards. If an overlay district is ever combined with an historic district or other areas of historic significance,the city-wide standards from the historic preservation ordinance should apply to historic properties within these overlay districts whenever and however possible. These city-wide standards could be re-iterated within the overlay standards or there could be a reference to these preservation guidelines when the overlay standards address potential work for historic properties. For each individual type of overlay district,there can be more context-specific guidelines or standards for new construction. Guidelines can also exist for elements such as signage,street furniture, and other fixtures located or proposed within the public realm. Chapter 30:Article VIII Exterior Building Design Standards The Exterior Building Design Standards apply to most structures constructed in the City after the adoption of the ordinance. These are the base standards for regulating the exterior design of most properties in the City. They establish minimum standards to ensure higher quality development than would result without design standards. These standards provide criteria by which proposed developments or work can be evaluated to determine whether the development is appropriate. The design standards provide examples of acceptable and unacceptable fagade treatments. Successful design standards also provide means by which property owners may prioritize what elements or features of a property to preserve and what features perhaps are less integral to the historic integrity. For rehabilitation purposes, design standards could address sustainability. This would include both energy conservation and the energy involved in making new components(embodied energy). The standards should help property owners in the decision-making process when choosing between alternative options. For example, many property owners often opt to replace original wood windows with vinyl double pane windows because they believe that these windows are more energy efficient. The Landmarks Commission has seen many cases where property owners opt for new replacement windows over rehabbing and maintaining the original windows. However,the pay-back time for new replacement windows may be much greater than what property owners imagine. Perhaps more cost- effective measures could be explored, such as adding more or higher quality insulation in walls and roofs. These methods, focusing on the interior of the property would allow for greater impact on energy savings and not disrupt the historic integrity of the property. Communities such as Cedar Rapids have adopted special design guidelines for historic districts. Perhaps Oshkosh could follow suit by examining some of these other communities'design guidelines and creating custom guidelines for Oshkosh historic properties and districts. An alternative could be to add additional design guidelines to the historic preservation ordinance. Such guidelines could consider non- contributing structures also and new construction within historic districts. The guidelines or standards should not only play a regulatory role;they could also perform an advisory function. In order to fulfill an advisory function however,the guidelines would need to provide sufficient detail and materials options in an understandable manner to help property owners and staff. The overhaul of existing design standards within the historic preservation ordinance should be a high priority. Chapter 30:Article XIV Historic Preservation The Historic Preservation ordinance currently determines the process for designating properties as landmarks under the local ordinance. It also regulates the work that is performed on Landmarked properties and within historic districts and on properties nominated for inclusion on the National and State Registers. The preservation ordinance provides basic standards for work performed on existing properties. With these standards there is room for clarification and expansion. Currently the standards serve a regulatory function and state which work is appropriate and which work is not but they could include an advisory component that presents a number of options for various project types depending on the owner's ability to undertake the work. The standards could become more effective with the addition of visuals and with the following elements: • Preservation best practices or principles (based on the National Parks Service or Secretary of the Interior) • Sustainability-related assistance (suggestions for the conservation of materials while increasing energy efficiency) • Design guidelines/standards for additions to historic structures • General guidelines/standards for the design of new buildings in historic neighborhoods or districts. These could apply for all of Oshkosh's districts. • Context-specific guidelines/standards for specific historic districts. These would provide assistance and perhaps regulations for infill sites within specific historic districts (example Washington Avenue or Algoma Boulevard) • Landscaping guidelines for properties in historic districts(including public and private locations on the properties). The Technical Preservation Briefs and additional Standards and Guidelines for Rehabilitation by the Secretary of the Interior would serve as the underlying principles for these preservation guidelines. These would supplement the existing standards listed in the historic preservation ordinance and apply to existing historic properties. They would apply to alterations and improvements to these properties whether the properties are landmarked, individually listed,or contributing structures in historic districts. Urban Design Guidelines If the City adopts general urban design guidelines,these should reference historic properties and the historic preservation ordinance. Often communities adopt urban design guidelines to ensure pedestrian-friendly design, adoption of specific material palettes and styles,and branding the community. Demolition Process The Landmarks Commission has witnessed an increasing number of demolitions of historic properties in recent years. Regulations and mechanisms that can restrict or prevent demolition or destruction of historic assets are integral to preservation efforts. Every time the Commission witnesses a loss of an historic property, they question their effectiveness and indeed the effectiveness of the entire historic preservation efforts in Oshkosh. Sometimes owners will neglect historic resources until they are dilapidated to the point where they fail to meet code and must come down. "Demolition by neglect" can occur for many reasons. Some of these include: • Financial hardship for the owner that prevents the owner from affording the necessary upkeep and care due to personal financial situations. • Lack of willingness on the owner's part to invest in the property • Perceived greater rate of return through reuses or redevelopment opportunities for the site than by simply maintaining the existing historic structure • Lack of an apparent economic use for the property as it currently exists • Owner is removed from the day to day care or maintenance of the property and perhaps is not informed on the current property conditions. In some cases,the property is left to deteriorate to such a point that the Inspections Services Division will issue a Raze or Repair order and obtain a court abatement to demolish the structure(s). By this point the property owner has almost always faced a citation because the property is deemed a threat to safety. The Historic Preservation Ordinance does explain that if a property poses an immediate risk to public safety it can be demolished. The idea is to ensure that properties do not fall into such a state of disrepair. With many properties in the City, if they reach the point where they are threats to the safety of the occupants or general public,they are often missing or were stripped of their significant details,glazing, siding, roofing, or other features. The Commission and City departments must remain aware of this path and prevent the property from heading down this path of losing its historical integrity before requiring demolition. Currently the City ordinances and Historic Preservation Ordinance require a demolition permit. Usually this is a means by which to prevent or delay some demolitions. Currently the Landmarks Commission may delay requests for demolition for landmarks and historic properties but the Commission does not have the legal authority to deny these requests. The idea of delaying demolition is to see if the structure can be saved, moved, or if significant features or elements can be saved. At the very least the exterior and interior of the structure can be documented. The ability to deny demolition would afford the Commission greater oversight and properties greater protection. However, additional alternatives exist such as financial incentives, potential rehab loans and grants unique to historic properties, and public education and outreach to create and foster a culture of historic pride in neighborhoods amongst historic property owners. Oshkosh preservation efforts could become more effective by combining the following action items: Correction notices to the property owner and tenant notifying of the need to repair the property. Creation, updating, and maintenance of a database of endangered properties Emergency protection mechanisms in the preservation ordinance * Forced sale or condemnation Code compliance rehab funding set aside for code deficient properties Continual improvement of the economic atmosphere in Oshkosh Economic Hardship When a property owner seeks to demolish or modify an historic property, questions of financial ability, economics, hardships, and return on investment typically come up. Currently the Commission does not have a system of objective criteria to evaluate the potential of preserving an historic structure. Demolition Reviews-Different Property Types Currently a number of properties exist pertaining to demolition reviews. HISTORICALLY SIGNIFICANT PROPERTIES Local Landmarks Local landmarks are designated under the Historic Preservation ordinance as significant to the historic fabric. These properties may be designated individually, as is currently the case with the two landmarked properties in the City. It is possible to designate contributing properties in historic district as local landmarks. The historic preservation ordinance gives the Landmarks Commission the most oversight over properties that are locally landmarked. Any work performed on a landmarked property requires Commission review and a Certificate of Appropriateness. According to the Historic Preservation ordinance any demolitions require Commission review. If the property is also a contributing structure in an historic district or individually listed,the State Statutes require that the municipality notify the SHPO before approving a demolition permit. Oshkosh has good documentation regarding whether properties in historic districts are contributing or non-contributing. Most of the district nomination forms include this information. However, a number of situations arose in the past where staff or the Commission did not know whether a property was contributing or not. A demolition permit was issued and demolition occurred before the Commission was notified. As property owners request demolition permits in the future, staff should verify whether the property is individually listed or in an historic district. Staff should always err on the side of caution and determine whether the property is a contributing structure or not. Once staff determines this,they can decide whether or not the demolition requires Commission review. Properties listed in the National Register, but not a Local Landmark Many properties in the City are listed on the National and State Registers but are not locally landmarked. The Wisconsin State Statutes require a delay period during which time the municipality must notify the state. The goal is to see if there are alternatives to demolition,whether some items can be saved, and to at least document the exterior and interior of the property. Delays provide the Landmarks Commission, property owner, City staff, and other residents time to consider alternatives to demolition. The Commission could work to landmark the property or explore options to move the property to another site or explore tax credits or loan/grant incentives for rehabbing the property. Properties listed in the Historic Resources Surveys but not currently a local landmark or listed in the National Register A number of properties are listed in the historic surveys but are not locally landmarked and are not listed on the National or State Registers or contributing properties in historic districts. Regardless, many of these properties warrant further examination and protection. Some of these properties could have eligibility for individual listing on the National and State Registers or could be contributing structures for potential historic districts. If the Historic Preservation ordinance could include a delay provision that applies to these properties also,this would afford the Commission an opportunity to determine whether these properties can be saved. If these properties are simply demolished,their absence later could prove detrimental if the Commission tries to establish an historic district.