[MissoulaGov] historic preservation ordinance

[Roger Millar]

Janet,

Googling "Historic Preservation Ordinance" resulted in 670,000 hits. We must not be unique! You might want to try the National Alliance of Preservation Commissions (http://www.uga.edu/napc/index.htm) or the National Trust for Historic Preservation (http://www.preservationnation.org/) as resources.

The draft ordinance was prepared by the Historic Preservation Commission (HPC) with the help of Michelle Bryan Mudd and the Land Use Clinic at the UM Law School. The Clinic reviewed numerous similar ordinances throughout the United States in the preparation of the draft.

Per the draft ordinance:

            Historic Resource includes designated improvements, buildings, structures, signs, objects, features sites, places, Historic Districts, and landscape elements or features, as well as Landmarks, which are listed, or have been determined to be eligible for listing, in the National Register of Historic Places.

Also per the ordinance:

20.67.50        Designation Criteria for an Historic Resource.  
The City recognizes that within its jurisdiction there exist significant Historic Resources that should be protected.  Accordingly, any property listed in the National Register, or that has received a determination of eligibility for the NRHP, is automatically classified as an Historic Resource that is subject to this Chapter and included in the Local Inventory. The City also recognizes that the federal process of listing a property in the National Register does not require that the property be protected. 
 
Criteria for Evaluation

The quality of significance in American history, architecture, archeology, engineering, and culture is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and: 
A. That are associated with events that have made a significant contribution to the broad patterns of our history; or
B. That are associated with the lives of persons significant in our past; or
C. That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or
D. That have yielded or may be likely to yield, information important in prehistory or history.
As drafted the ordinance would apply to properties in the National Register and properties that have received a determination of eligibility to be in the National Register. I have recommended that City Council consider limiting the application to just properties that are actually in the National Register and deleting the eligible properties. This would help to insure that property owners did not object.

From the National Park Service web page:

During the time the State Historic Preservation Officer is reviewing the proposed nomination, property owners and local authorities are notified. All property owners are given the opportunity to comment on the nomination. Owners of private property are given the opportunity to concur in or object to the nomination. If the owner of a private property (or the majority of such owners of a property) or a district with multiple owners object to the nomination, the State Historic Preservation Officer forwards the nomination to the National Park Service only for a determination about whether the property is eligible for listing. If a majority of private property owners do not object, the State Historic Preservation Officer may approve the nomination and forward it to the National Park Service to be considered for listing. If the property is approved by the National Park Service, it is officially entered in the National Register. 

Other useful stuff:
A map of historic resources in Missoula can be found at: ftp://www.co.missoula.mt.us/opgftp/Maps/UFDA/LowResMaps/HistoricResources.pdf 
As drafted, any decision of the Historic Preservation Officer or the HPC would be appealable to the BOA. This language is in the Code Chapter authorizing the HPC in the proposed new Zoning Code (Section 20.90.030). I have recommended to City Council that they consider shifting the appeal from the BOA to the City Council.
As drafted, the standard criteria for evaluating appropriateness would be the Secretary of the Interior's Standards for Rehabilitation (36 CFR Part 67). Property owners within historic districts would also be able to ask City Council to adopt (through the zoning code amendment process) district-specific standards.
Hope this helps. I am looking forward to a thorough, public discussion of the HPC proposal.

Roger


Roger M. Millar, PE, AICP
Director
Missoula City-County Office of Planning & Grants
435 Ryman Street
Missoula, MT 59802-4292

Phone:  (406) 258-4657
Fax:  (406) 258-4903



ü Please consider your environmental responsibility before printing this e-mail.


>>> Janet Donahue <janetdonahue at msn.com> 6/11/2009 4:30 PM >>>

Bob,  Are there similar ordinances throughout the United States that could be compared to this one?  What is the definition of an "Historic Resource"?

Thanks,

Janet









Date: Thu, 11 Jun 2009 15:28:41 -0600
From: BJaffe at ci.missoula.mt.us
To: missoulagov at cmslists.com
Subject: [MissoulaGov] historic preservation ordinance


Here is the link to the draft ordinance:
http://www.ci.missoula.mt.us/DocumentView.aspx?DID=1488
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