City/State demolition ordinances - National Trust for Historic

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Demolition Delay Ordinances
California
Davis Building Ordinance § 8.18.020. Delays demolition of buildings built in or prior to 1945. If
building is deemed to have potential historic value, city may delay issuance of permit for up to 90 days
to determine whether property should be formally designated under city’s preservation law.
http://www.city.davis.ca.us/pb/pdfs/planning/forms/Demolition_Permit_Requirements.pdf
Colorado
Boulder Revised Code § 9-11-23. Establishes a process for review of applications to demolish or
relocate buildings over 50 years old. Demolition or relocation may be delayed up to 180 days if
building is historically significant.
http://www.bouldercolorado.gov/files/PDS/New%20LUC/Training%20Copies/9_11_tra.pdf
Connecticut
Plainville Demolition Delay Ordinance. Authorizes 90-day delay of issuance of permit to demolish a
building at least 75-years old or listed in the Town’s Historic Inventory list, the National Register of
Historic Places, or any national or local historic district if no written objection is filed within 15 days
of publication of legal notice. Requires written notice to adjoining property owners and any individual
or entity concerned with preservation of structures who has filed a form with building office. Also
requires posting of sign on property. http://www.plainvillect.com/pdfs/82050705%20DEMOLITION%20DELAY%20ORDINANCE.pdf
Florida
Gainesville Code of Ordinances § 6-19. Prohibits the issuance of demolition permits for properties 45
years or older or listed in the Florida master site file for 90 days to enable the historic preservation
board to pursue alternatives to demolition and to assemble and document information pertaining to the
appearance and history of the structure prior to its demolition. Delay may be waived if building does
not meet criteria for landmark designation, building is substantially damaged, or upon showing of
“economic hardship.” http://www.municode.com/Resources/OnlineLibrary.asp
Illinois
Kenilworth Village Code, §§ 2B-21—2B-22; 110.4-110.14. Authorizes Building Review Commission
to issue a stay of 180 days upon determiation that demolition permit application would affect building
or property of special importance. Requires at least one meeting with applicant to evaluate alternatives
to demolition, including costs to repair and rehabilitate existing building. Authorizes Commission to
hire experts and develop preservation plan. http://www.villageofkenilworth.org/forms.html.
Massachusetts
Boston Zoning Code, Art. 85, §§ 1-8. Provides for review by Boston Landmarks Commission of
applications to demolish any building in city’s downtown and any building at least 50 years old in city
neighborhoods. If Commission decides that building is significant and there are feasible alternatives to
demolition then permit may be delayed for 90 days, during which time alternatives to demolition must
be investigated and evaluated in accordance with specific process.
http://www.cityofboston.gov/bra/pdf/ZoningCode/Article85.pdf
Texas
Alamo Heights Code of Ordinances, Ch. 5, Art. XII, §§ 5-360 through 5-373. Requires posting of
notice of the filing of demolition permit applications on property and city’s website and individual
notice to neighboring property owners within 500 feet of proposed demolition. If City Council
determines, upon holding public hearing, that property is a significant structure, issuance of permit
may be delayed for up to 180 days for purposes of negotiating alternative course of action. If property
is demolished then proposed replacement structure must respect established scale, mass, character and
building patterns. http://www.ci.alamo-heights.tx.us/admin/ordinances/1597_demo_delay.pdf
Floor Area Ratios
California
Davis Municipal Code, Ch. 40, § 40.03.060. Establishes a baseline FAR of .4 (+ 500 square feet for
garage or carport) for R-1, R-2, R-R districts and allows square footage in excess of baseline with
approval through discretionary design review process.
http://www.cityofdavis.org/cmo/citycode/detail.cfm?p=40&q=1679. (See chapter 40.03.060 of Davis
Code).
Illinois
Lake Forest Building Scale and Environment Ordinance. Establishes maximum building size, based on
a sliding scale for lots of specific sizes and detailed methodology for calculating gross square footage,
including basements and attic space. Allows greater square footage if design criteria are satisfied.
Ordinance: http://www.cityoflakeforest.com/pdf/cd/bsord.pdf. Building Scale Workbook:
http://www.cityoflakeforest.com/pdf/cd/bulkbook.pdf
Park Ridge Zoning Ordinance, § 7.5. Establishes a maximum FAR for all residential lots, but exempts
from square footage calculations certain porches and detached accessory structures. Also provides a
bonus FAR for additions to houses constructed before Jan. 1, 1960.
https://www.parkridge.us/residents/zoning.asp
New Jersey
Hillsdale Ordinance 05-14 (amending Chapter 310 “Land Use”). Establishes maximum FARs and
maximum impervious lot coverage for properties in certain residential zones.
http://www.hillsdalenj.org/ordinance/2005_8_16_141053_ordinance.htm
New York
Scarsdale Zoning Code, Ch. 310. Establishes variable, F.A.R. limits, with lower ratios on larger lots.
http://www.e-codes.generalcode.com/codebook_frameset.asp?t=ws&cb=0993_A
Mansionization Ordinances
California
Redondo Beach Neighborhood Design Guidelines. Establishes design review process to promote
compatible development in certain existing residential neighborhoods. Review by planning staff with
appeal to planning board. http://www.redondo.org/civica/filebank/blobdload.asp?BlobID=2903
Santa Barbara Neighborhood Preservation Ordinance Amendments. Requires referral of building
permit applications to newly created Neighborhood Preservation Commission for design review to
foster compatible neighborhood infill projects for buildings in excess of 17 feet in height or over 4,000
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square feet. Sets sliding scale FAR limits for properties under 15,000 square feet and includes new
definitions. Ordinance: http://www.santabarbaraca.gov/NR/rdonlyres/8E949E76-00D4-47E9-998AF676927CF3E2/0/041707_NPO_Update_Ordinance_Committee_CAR.pdf. Updated Design
Guidelines: http://www.santabarbaraca.gov/NR/rdonlyres/F9E2E60D-F9D4-4CFE-BCB20718FF714EF4/0/SFR_Guidelines_July2007_final.pdf.
Colorado
Durango Ordinance Amending Land Use And Development Code. Creates Established Residential
Neighborhood Zoning Districts with dimensional requirements pertaining to height, setbacks, lot
coverage, FAR, maximum wall planes and roof ridges, and size and orientation of garages. Requires
one story element in certain districts and provides alternative compliance measures for projects that
meet residential infill design guidelines, upon review and approval by city staff, and/or the Established
Neighborhood Design Review Board. Additional requirements apply to steep slopes.
http://www.durangogov.org/dynamic_stuff/ipacket/data/1/Jan_03_2006_14/4.8.pdf
Georgia
Atlanta Residential Scale Ordinance (Pending). Establishes maximum floor area ratios for residential
structures in R-1 through R-5 zoning districts. Also modifies lot coverage and clarifies main floor level
height and maximum height. Certain types of character-conforming actions not included in gross floor
area calculations.
http://www.atlantaga.gov/client_resources/government/planning/infillhousing/fact_sheet.pdf;
http://www.atlantaga.gov/client_resources/government/planning/infillhousing/ordinance_z-07-44.pdf
Massachusetts
Lincoln, Massachusetts “Big House” By-law. Requires site plan/design review for houses with gross
floor area in excess of 4,000 square feet. http://www.lincolntown.org/depts/big_house.htm
Texas
Austin Residential Design and Compatibility Standards. Limits residential development in certain
areas to the greater of a FAR of .4 or 2,300 of gross floor area, to be measured pursuant to specific
terms under the ordinance. Amends maximum height and setback restrictions, and establishes side and
rear setback planes and maximum side wall plane. Allows for modification of restrictions up to 25
percent upon approval by Residential Design and Compatibility Commission. See
http://www.ci.austin.tx.us/zoning/downloads/austin_residential_ordinance_approved.pdf
Alamo Heights Single Family Residential Standards. Establishes limits on bulk and height, including a
continuous slope height limit; and restricts paving and curb cuts. http://www.ci.alamoheights.tx.us/news/pdf_files/Ord%20No%201685-Final%20with%20exhibit%201-Clean-12-14-06.pdf.
Utah
Salt Lake City Compatible Residential Infill Development Zoning Ordinance. Establishes new
compatibility standards for height, lot coverage, placement of principle building and accessory
structures; accessory structure size, and lot size; limits attached garage width to 50% of front façade
and size of attached garages; increases penalties for non-compliance; amends over-the counter permit
procedures and adopts special procedures for contested projects and accessory structures. Ordinance:
http://www.slcgov.com/council/newsreleases/citywide.infill.ord.pdf. Summary:
http://www.utahheritagefoundation.com/buildings/projectDetail.php?pid=48. Compatible in-fill
overlay adopted for Yalecrest, see http://www.slcgov.com/council/newsreleases/Yalecrest%20ord.pdf
and Greater Avenues, see http://www.slc-avenues.org/Overlay_summary.pdf.
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Mansionization Studies and Reports
California
Santa Barbara. Issue Paper D on Floor to Lot Area Ratio and Lot Coverage Issues and Options.
Discusses use of FARs and lot coverage restrictions to address mansionization in Santa Barbara.
http://www.santabarbaraca.gov/Resident/Major_Planning_Efforts/NPO/npo_issue_papers.htm
Illinois
Winnetka. Chronology of Zoning Changes, 1989-2005. Explains basis for series of zoning
amendments to address mansionization.
http://www.villageofwinnetka.org/pdf/documents/zoning%20history,%201989-2005.pdf
Maryland
Montgomery County. Teardown/Mansionization Bulletin: Protecting Older Neighborhoods with
Newer Tools in Montgomery County, Maryland. Identifies tools available to address mansionization in
Montgomery County. http://www.mc-mncppc.org/historic/pdfs/teardown.pdf
Rockville. Mansionization White Paper. Discusses mansionization phenomenon and reviews range of
zoning tools to address problem. http://www.rockvillemd.gov/zoning/mansionization-wp.pdf
Minnesota
Edina. Contemporary Residential Construction Issues in Regards to Teardowns in Edina, Minnesota.
Reviews use of conservation districts and flex zoning as tools to address mansionization.
http://www.ci.edina.mn.us/PDFs/Edina%20Massing%20Study%2015%20August.pdf
Virginia
Arlington. Arlington, VA Lot Coverage Study. Discusses the use of lot coverage restrictions to address
mansionization.
http://www.arlingtonva.us/departments/CPHD/planning/studies/CPHDPlanningZoningStudies.a
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