Demolition Ordinance in New Bern

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Presented at the 2010 Annual Conference in Durham

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Demolition Ordinance in New Bern

  1. 1. 1 PLATPLAT Preservation Legal Action TeamPreservation Legal Action Team
  2. 2. 2 ObjectiveObjective  To keep our architectural resources in place andTo keep our architectural resources in place and prevent the loss of contributing structures fromprevent the loss of contributing structures from the landscape of New Bern’s local historicthe landscape of New Bern’s local historic districts.districts.
  3. 3. 3 Two Part Legal InitiativeTwo Part Legal Initiative 1. Adopt legislative action granting New Bern the1. Adopt legislative action granting New Bern the authority to create an ordinance requiring aauthority to create an ordinance requiring a permit to demolish a contributing structurepermit to demolish a contributing structure within the locally designated districts.within the locally designated districts. 2.2. Adoption of an ordinance by the city toAdoption of an ordinance by the city to implement the new law.implement the new law.
  4. 4. 4 Demolition as Defined in the City’sDemolition as Defined in the City’s Historic District GuidelinesHistoric District Guidelines  Demolition is anDemolition is an irreversibleirreversible action that results inaction that results in thethe permanentpermanent loss of the very resources thatloss of the very resources that contribute to the historic districts sense ofcontribute to the historic districts sense of integrity and character.integrity and character.
  5. 5. 5 Effects of DemolitionEffects of Demolition 1.1. Erodes the very essence that makes up theErodes the very essence that makes up the character and integrity of our citycharacter and integrity of our city 2. Loss of a historic architectural resource2. Loss of a historic architectural resource 3.3. Undermines decades of historic preservationUndermines decades of historic preservation effortsefforts 4.4. Negatively affects our tourism economyNegatively affects our tourism economy
  6. 6. 6 National Register of Historic PlacesNational Register of Historic Places  Federal program created by the NationalFederal program created by the National Historic Preservation Act of 1966Historic Preservation Act of 1966  Administered by the National Park Service inAdministered by the National Park Service in conjunction with state governmentsconjunction with state governments  Properties in the districts have been researched,Properties in the districts have been researched, documented, classified & determined to bedocumented, classified & determined to be worthy of historical preservationworthy of historical preservation
  7. 7. 7 Contributing StructureContributing Structure According to the National RegisterAccording to the National Register ““Those properties which establish or contributeThose properties which establish or contribute to the character of the district through theirto the character of the district through their historical, architectural, and/or culturalhistorical, architectural, and/or cultural characteristics.”*characteristics.”* *Source:*Source: National Register of Historic PlacesNational Register of Historic Places United States Department of the InteriorUnited States Department of the Interior National Park ServiceNational Park Service
  8. 8. 8 Contributing StructureContributing Structure According to New Bern OrdinanceAccording to New Bern Ordinance  ““One of the late 18One of the late 18thth , 19, 19thth or early 20or early 20thth centurycentury buildings whose architectural significance isbuildings whose architectural significance is important to the total character and history ofimportant to the total character and history of New Bern.”*New Bern.”*  *City of New Bern Land Use Ordinance*City of New Bern Land Use Ordinance Appendix A-Article XXI Part IAppendix A-Article XXI Part I Sec. 15-413Sec. 15-413
  9. 9. 9 New Bern Areas Listed on theNew Bern Areas Listed on the National Register of Historic PlacesNational Register of Historic Places  NeighborhoodNeighborhood National LocallyNational Locally RegisterRegister DesignatedDesignated  DowntownDowntown xx xx  RiversideRiverside xx xx  GhentGhent xx  DeGraffenreidDeGraffenreid xx
  10. 10. 10 List of Contributing StructuresList of Contributing Structures  An inventory of contributing structures is on fileAn inventory of contributing structures is on file with the City’s Planning Office, SHPO (Statewith the City’s Planning Office, SHPO (State Historic Preservation Office) and the NationalHistoric Preservation Office) and the National Register.Register.
  11. 11. 11 Protection via Local DesignationProtection via Local Designation  Just because a structure is located in a historicJust because a structure is located in a historic neighborhood and is listed on the Nationalneighborhood and is listed on the National Register does not mean that protection isRegister does not mean that protection is afforded that structure, even if it is contributing.afforded that structure, even if it is contributing.  Protection comes through local designationProtection comes through local designation
  12. 12. 12 Locally Designated DistrictLocally Designated District  Community believes that the architecture, history &Community believes that the architecture, history & character are worthy of protectioncharacter are worthy of protection  Type of zoning that applies to neighborhoods that includeType of zoning that applies to neighborhoods that include historic propertieshistoric properties  Provides controls on the external appearance of existing &Provides controls on the external appearance of existing & proposed structures per district guidelinesproposed structures per district guidelines  Requires a COA (Certificate of Appropriateness) prior toRequires a COA (Certificate of Appropriateness) prior to making significant changes or additions to propertymaking significant changes or additions to property
  13. 13. 13 Downtown Historic DistrictDowntown Historic District
  14. 14. 14 Riverside Historic DistrictRiverside Historic District
  15. 15. 15 Steps to Enabling LegislationSteps to Enabling Legislation 1.1. Obtain State Authority to Create the OrdinanceObtain State Authority to Create the Ordinance 2.2. Define Evaluation Criteria CategoriesDefine Evaluation Criteria Categories 3.3. Determine Quantitative MetricsDetermine Quantitative Metrics 4.4. Establish a Procedural ProcessEstablish a Procedural Process
  16. 16. 16 Authority to Create an OrdinanceAuthority to Create an Ordinance 1.1. Board of Aldermen, on 11/21/06, approvedBoard of Aldermen, on 11/21/06, approved a request for a State Bill granting the citya request for a State Bill granting the city authority to create an ordinance requiring aauthority to create an ordinance requiring a permit for demolitionpermit for demolition.. 2.2. House Bill h303 was by the GeneralHouse Bill h303 was by the General Assembly on April 26, 2007 and ratified on AprilAssembly on April 26, 2007 and ratified on April 30, 2007.30, 2007.
  17. 17. 17 Criteria CategoriesCriteria Categories 1.1. Contribution of the structure to the Districts’Contribution of the structure to the Districts’ Character and IntegrityCharacter and Integrity 2.2. Architectural SignificanceArchitectural Significance 3.3. Structural IntegrityStructural Integrity 4.4. Reuse PlanReuse Plan
  18. 18. 18 Architectural SignificanceArchitectural Significance  Structure has a style or elemental characteristicsStructure has a style or elemental characteristics that supports the architectural makeup of thethat supports the architectural makeup of the districtdistrict  Structure is architecturally compatible with otherStructure is architecturally compatible with other buildings in the neighborhoodbuildings in the neighborhood  The structure is suitable for adaptive reuseThe structure is suitable for adaptive reuse without compromising the architecturewithout compromising the architecture  The pattern of historic development of theThe pattern of historic development of the neighborhood would be adversely affectedneighborhood would be adversely affected
  19. 19. 19 Determine Quantitative MetricsDetermine Quantitative Metrics Develop an objective and quantifiable methodDevelop an objective and quantifiable method of evaluating the criteria associated with a COAof evaluating the criteria associated with a COA for demolition.for demolition.
  20. 20. 20 Demolition Notification ProcessDemolition Notification Process RecommendedRecommended  Notices to property owners’ within 300’ of theNotices to property owners’ within 300’ of the subject property must be posted 30 days insubject property must be posted 30 days in advance of the HPC hearing; and,advance of the HPC hearing; and,  Notice of Public Hearing must be posted on theNotice of Public Hearing must be posted on the property 30 days prior to HPC hearingproperty 30 days prior to HPC hearing
  21. 21. 21 Phase I –Phase I – Procedural StepsProcedural Steps 1.1. Applicant will request a initial meeting with theApplicant will request a initial meeting with the City’s Planning Department to:City’s Planning Department to:  Assure the structure is 1) located in a locally designatedAssure the structure is 1) located in a locally designated area and 2) is contributing or ≥ 50 yrs. oldarea and 2) is contributing or ≥ 50 yrs. old  Review and receive a copy of the demolition criteriaReview and receive a copy of the demolition criteria  Review the reuse plan conceptReview the reuse plan concept  Review the notification processReview the notification process  Review the HPC processReview the HPC process 2.2. City Planner prepares a packet for HPC reviewCity Planner prepares a packet for HPC review
  22. 22. 22 Phase I –Phase I – Procedural StepsProcedural Steps 3.3. City Planner forwards the packet to the HPCCity Planner forwards the packet to the HPC 4.4. Project undergoes a pre-application review atProject undergoes a pre-application review at an HPC work sessionan HPC work session 5.5. At an open HPC preliminary review meeting, aAt an open HPC preliminary review meeting, a determination is made either to issue adetermination is made either to issue a continuance or to deny the application.continuance or to deny the application.
  23. 23. 23 Phase I -Phase I - Preliminary Review CriteriaPreliminary Review Criteria 1.1. The structure has maintained the integrity of itsThe structure has maintained the integrity of its historic architectural form.historic architectural form. 2.2. The structure is one of a limited number ofThe structure is one of a limited number of buildings of this architectural style.buildings of this architectural style. 3.3. The structure is significant due to an event,The structure is significant due to an event, person, builder or architect.person, builder or architect. 4.4. Structural integrity of the roof, walls, flooring,Structural integrity of the roof, walls, flooring, and foundation are each 50% structurally soundand foundation are each 50% structurally sound & given .5 points for each system.& given .5 points for each system. ______ ______ ______ ______
  24. 24. 24 Phase I -Phase I - Scoring GuidelinesScoring Guidelines  Score each criteria statement from 0 to 2Score each criteria statement from 0 to 2 indicating how well theindicating how well the structurestructure meets themeets the criteria.criteria.  0 indicates the criteria is not met0 indicates the criteria is not met  1 indicates the criteria is moderately met1 indicates the criteria is moderately met  2 indicates the criteria is highly met2 indicates the criteria is highly met  A score of 4 or more in Phase I stops theA score of 4 or more in Phase I stops the process and the application is denied.process and the application is denied.
  25. 25. 25 Phase IIPhase II - Procedural Steps- Procedural Steps  Phase IIPhase II - With a Phase I score of < 4 – application- With a Phase I score of < 4 – application continues to Phase II, the reuse plan.continues to Phase II, the reuse plan.  Applicant prepares details of the re-use plan.Applicant prepares details of the re-use plan.  Applicant secures all required permits & licenses.Applicant secures all required permits & licenses.  Applicant presents the detail reuse plan to the HPCApplicant presents the detail reuse plan to the HPC  HPC final review process determines the approval orHPC final review process determines the approval or denial of the application based on the reuse plan asdenial of the application based on the reuse plan as presented.presented.
  26. 26. 26 Phase II -Phase II - Final Review CriteriaFinal Review Criteria  PhysicalPhysical 1.1. PlacementPlacement 2.2. Building Scale & HeightBuilding Scale & Height 3.3. MaterialsMaterials 4.4. Details & TextureDetails & Texture 5.5. Form & RhythmForm & Rhythm  Character & IntegrityCharacter & Integrity 1.1. Neighborhood ImpactNeighborhood Impact 2.2. Landscape & ViewLandscape & View CorridorsCorridors
  27. 27. 27 Physical AttributesPhysical Attributes PlacementPlacement 1.1. Placement on the lot is consistent with otherPlacement on the lot is consistent with other structures on the blockstructures on the block 2.2. Orientation is consistent with other structuresOrientation is consistent with other structures on the blockon the block 3.3. Footprint is ≤ maximum allowable by zoningFootprint is ≤ maximum allowable by zoning 4.4. Pattern of separation is consistentPattern of separation is consistent 5.5. Outbuildings & accessory buildings are placed inOutbuildings & accessory buildings are placed in secondary or tertiary areassecondary or tertiary areas
  28. 28. 28 Physical AttributesPhysical Attributes Scale & HeightScale & Height 1.1. Scale is to be in proportion with other structuresScale is to be in proportion with other structures 2.2. Windows & doors to be compatible in shape,Windows & doors to be compatible in shape, location and size as other structureslocation and size as other structures 3.3. Design height to be in keeping with surroundingDesign height to be in keeping with surrounding structures (2-2½ stories typical)structures (2-2½ stories typical) 4.4. Use rooftop appurtenances, when appropriate,Use rooftop appurtenances, when appropriate, scaled to building & streetscape to articulate thescaled to building & streetscape to articulate the roofline and provide height variationsroofline and provide height variations
  29. 29. 29 Physical AttributesPhysical Attributes MaterialsMaterials 1.1. The predominant material is to be within theThe predominant material is to be within the palette of materials traditionally found in thepalette of materials traditionally found in the Historic District.Historic District. 2.2. Materials are to be used in traditional waysMaterials are to be used in traditional ways 3.3. Synthetic materials are appropriate when usedSynthetic materials are appropriate when used according to the guidelines with traditionalaccording to the guidelines with traditional installation methods & appearanceinstallation methods & appearance
  30. 30. 30 Physical AttributesPhysical Attributes Details & TextureDetails & Texture 1.1. Architectural details are to compliment theArchitectural details are to compliment the architectural details of the district.architectural details of the district. 2.2. Doors & windows are to be compatible &Doors & windows are to be compatible & proportional with district structures. Multi-proportional with district structures. Multi- light windows are to have true divided lights.light windows are to have true divided lights. 3.3. Texture is to be created using traditionalTexture is to be created using traditional materials found in the district- such as, brick,materials found in the district- such as, brick, concrete block, metal or woodconcrete block, metal or wood
  31. 31. 31 Physical AttributesPhysical Attributes Form & RhythmForm & Rhythm 1.1. Structure reflects the basic shapes & formsStructure reflects the basic shapes & forms found in the districtfound in the district 2.2. Traditional residential roof forms are gable, hip,Traditional residential roof forms are gable, hip, gambrel & mansardgambrel & mansard 3.3. Percentage of window & door openings are toPercentage of window & door openings are to be consistent with neighboring structuresbe consistent with neighboring structures 4.4. Reuse plan creates a form & rhythm throughReuse plan creates a form & rhythm through the use of details; such as, columns, shutters,the use of details; such as, columns, shutters, etc.etc.
  32. 32. 32 Character & IntegrityCharacter & Integrity Neighborhood ImpactNeighborhood Impact 1.1. The reuse plan is similar and complementary toThe reuse plan is similar and complementary to other existing uses on the street.other existing uses on the street. 2.2. The plan meets the intent of an approved cityThe plan meets the intent of an approved city plan; Urban Design, River Station, etc.plan; Urban Design, River Station, etc. 3.3. Parking does not exceed the required minimumParking does not exceed the required minimum allowed by zoning.allowed by zoning. 4.4. The structure will make a lasting contribution toThe structure will make a lasting contribution to the architectural evolution of the neighborhood.the architectural evolution of the neighborhood.
  33. 33. 33 Character & Integrity AttributesCharacter & Integrity Attributes Landscape & View CorridorsLandscape & View Corridors 1.1. The plan provides for a similar or improvedThe plan provides for a similar or improved view corridor.view corridor. 2.2. The plan preserves mature trees and largeThe plan preserves mature trees and large shrubs on the site.shrubs on the site. 3.3. The design of the parking facilities has minimalThe design of the parking facilities has minimal negative impact on the streetscape.negative impact on the streetscape. 4.4. Minimizes visual impact of HVAC, utilities,Minimizes visual impact of HVAC, utilities, trash receptacles and other such items.trash receptacles and other such items.
  34. 34. 34 Reuse PlanReuse Plan Final Review ScoringFinal Review Scoring 1.1. PlacementPlacement 2.2. Building Scale & HeightBuilding Scale & Height 3.3. MaterialsMaterials 4.4. Details & TextureDetails & Texture 5.5. Form & RhythmForm & Rhythm 6.6. Neighborhood ImpactNeighborhood Impact 7.7. Landscaping & View CorridorsLandscaping & View Corridors  ______  ______  ______  ______  ______  ______  ______
  35. 35. 35 Phase II -Phase II - Scoring GuidelinesScoring Guidelines  Score each criteria category from 0 to 2Score each criteria category from 0 to 2 indicating how well theindicating how well the reuse planreuse plan meets themeets the criteria.criteria.  If any one guideline under a criterion is not met,If any one guideline under a criterion is not met, the commissionerthe commissioner maymay assign a 0 for thatassign a 0 for that criterion.criterion.  If a majority of the commissioners vote 0 forIf a majority of the commissioners vote 0 for any one of the seven criterion, the application isany one of the seven criterion, the application is denied.denied.
  36. 36. ScoringScoring  Each commissioner votes on the seven criterionEach commissioner votes on the seven criterion and totals the number of points.and totals the number of points.  If a commissioner’s total points equals nine orIf a commissioner’s total points equals nine or more, his/her vote is for approval; under nine,more, his/her vote is for approval; under nine, his/her vote is for denial.his/her vote is for denial.  The majority in a roll call vote of commissionersThe majority in a roll call vote of commissioners determines if the COA is approved or denied.determines if the COA is approved or denied. 36
  37. 37. ABCABCs of Regulating Demolitions of Regulating Demolition of Historic Architectureof Historic Architecture  AAdvocatedvocate for a law to regulate the demolitionfor a law to regulate the demolition of historic architecture in local historic districts.of historic architecture in local historic districts.  BBuilduild a process for review of a COA applicationa process for review of a COA application that can use quantitative metrics.that can use quantitative metrics.  CChoosehoose review criteriareview criteria that speak to thethat speak to the structure’s cultural and architectural significance,structure’s cultural and architectural significance, its structural integrity, and its contribution to theits structural integrity, and its contribution to the fabric of the neighborhood.fabric of the neighborhood. 37
  38. 38. 38 Thank YouThank You

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