Frequently Asked Questions

Historic Preservation
March 5, 2010
Where did preservation authority come from? Historic preservation authority is found itself at many different levels from the federal government down to grass roots level efforts in local communities. On a national scale, the National Historic Preservation Act of 1966 formalized a partnership with the Federal Government and the States. It is the foundation for todays frame work for preservation review, technical and funding assistance, and recognition through a National Register of Historic Places and Districts. It also set up Historic Preservation Officers in each state government. States, such as Alabama, followed suit by enacting state legislation regarding preservation and granted further powers to local governments to set up their own preservation commissions and programs. At the State level, Title 11 Chapter 68 of the Alabama Code of 1975 establishes the purposes and authority of historic preservation in the State and authorizes municipalities to pass ordinances that create a Historic Preservation Commission and authorize various preservation activities. Locally, Auburns historic preservation ordinances passed between March 1999 and March 2006 created local preservation law and can be found in Chapter 2, Article III, Division 5 of the City Code of Auburn. When was the HPC created? On March 2, 1999 the Council passed Ordinance 1818 that created the Historic Preservation Commission with seven members whose backgrounds include training or experience in history, architecture, community planning archaeology law or who reside in a locally created district. What is the mission and purpose of the HPC? At its creation by the City Council, the HPC was given general responsibilities for historic preservation as outlined in State law. These responsibilities include promoting the educational, cultural, economic and general welfare of Alabama municipalities through: The preservation and protection of buildings, sites, structures, areas and districts of historic significance and interest; The preservation and enhancement of the national, state and local historic, architectural, archaeological and aesthetic heritage found in Alabama; and The promotion and enhancement of Alabama's historic and aesthetic attraction to tourists and visitors. On June 21, 2005 the City Council passed Ordinance 2302 that gave the HPC the task of recommending designation of historic districts and properties in the city. These recommendations go to the Council who then reviews them for final action.

On March 21, 2006 the City Council adopted Design and Review Standards that clarified procedures for the HPC and Planning Staff to follow when reviewing projects in historic districts. This document was updated on August 11, 2009 Who decides what is historic? It depends on the type of recognition being given. At the Federal level the National Park Service maintains the National Register of Historic Places which is the Nations official list of districts, sites, buildings, structures, and objects that are significant in American history, architecture, archeology, engineering, and culture. The eleven listings in Auburn include two historic districts; one on the Auburn University campus and one north of downtown Auburn called the Old Main and Church Street Historic District. At the State level, there is an Alabama Register which includes nine more resources in Auburn. This list is maintained by the Alabama Historical Commission, http://www.preserveala.org/. At the local level, the Auburn City Council created the North College Historic District by Ordinance 2377 on March 21, 2006. This district encompasses 37 properties primarily along North College Street. With the creation of the district came the adoption of Design Review Standards against which development and construction projects in the district would be reviewed for appropriateness. A Certificate of Appropriateness is required for exterior changes to a property or structure that are visible from a public right-of-way. A Copy of these standards is available online at http://www.auburnalabama.org/hpc/. In addition to public sector preservation there are a myriad of private and not-for-profit preservation groups who provide recognition and assistance including the National Trust for Historic Preservation, http://www.preservationnation.org/ Alabama Trust for Historic Preservation, http://www.alabamatrust.info/ Auburn Heritage Association, http://www.auburnheritage.org/ Auburn Preservation League, http://www.auburnpreservationleague.org/ Why historic districts? A district is more than recognition of individual historic resources (including structures and sites) in a city or town. Historic districts attempt to preserve or recognize the context of the individual resources as well. Districts are usually created around significant groupings of structures and places whose concentration create a larger scale sense of place and historic value beyond the individual resources themselves. The Citys only locally designated district is intended to Assure that Auburns historic resources are maintained in a manner appropriate to the citys heritage, Provide guidance in the planning and design of projects that are sympathetic to the special character of the historic district, and Assure that property values and property-owner investments in the district are maintained and enhanced 1

Design Review Standards, Article 1, page 1 Page 2 of 5 Frequently Asked Questions regarding Historic Preservation March 5, 2010

Until the North College Historic District was created, a number of resources were already part of the Old Main and Church Street Historic District that is listed on the National Register of Historic Places. The registration on the national list recognized the historic nature of the area and its contributing resources, but it did not assure any kind of preservation until a local district was created by the City Council with standards being administered by a commission and support staff. So is everything in a district historic? Not usually. Cities are living breathing developments that change over time. Elements of cities, including their historic resources and sites, have beginnings, periods of growth and oftentimes, an end. Sometimes these elements are replaced by structures, places or events that are either not historic or may not be for years. The district is created to help people understand the context of the history and how events and resources are interrelated. Also, a district cannot capture every historic place or event within its boundaries. It is very typical to find historic resources spread throughout a city, well outside of districts or areas with a concentration of historic places or structures. So who decides whether or not I am in or out of the district? In the case of the citys local district, the boundaries were drawn up after analyzing groupings of historic resources, their context, interrelations, levels of historical integrity, preservation or interpretation options, and ultimately community values with regard to preservation interests. This process involved public input from many sources, meetings in the community, and public hearings at all levels of City review from the HPC to the Council. The final boundaries of the district were determined by the Council after considering all of the input and recommendations. So what are the implications of being in a district? It depends on how it is created. Districts come in all shapes and sizes. Some districts are created simply for honorary recognition, and property owner rights do not differ from any other property owner in or out of the district. Some districts are created with specific standards and a review body that must approve projects within a district before they commence. The standards, authority and procedures of the district vary greatly depending on the purpose of the district, its location, and the community values or commitment to preservation that are found in the jurisdiction creating the district. Auburns local district functions similarly to a formal homeowners association where a commission and support staff review development, construction and landscaping projects for appropriateness against a set of design review standards. The City of Auburn has limited the scope of its review authority in this case to projects that are visible from the public right-of-way. All other permissions, reviews and activities beyond this are similar to the rights of all property owners in the respective zone where a property is located.

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Who reviews what I can and what I cannot do? With regard to Auburns only locally designated historic district, if work is not visible from the public right-of-way, no one reviews it. If it is visible from the right-of-way it depends on if it is routine maintenance, major or minor work. The adopted Design Review Standards for the district outline what category of work is being done and who reviews it. Routine maintenance is not reviewed at all. Minor work is usually reviewed by staff while major work is usually reviewed by the Historic Preservation Commission. If people have questions, they can always contact staff in the Planning Department or consult the Standards directly on the Citys website. Who creates new districts and are any under way? While any new district is ultimately approved by the City Council, new districts can be proposed by the Council, Historic Preservation Commission, a historic preservation organization, a neighborhood association, or any group of property owners. Regarding new districts in Auburn, the Historic Preservation Commission began reviewing a proposal for a new historic district primarily along South Payne Street and East Samford Avenue. However, the project is currently on hold indefinitely. In March of 2007, the Commissions work included presenting a map with information about designation at an open house with invitations being sent to all property owners involved. While property owners had a chance to voice their support or concerns directly to HPC members and staff, a survey was also available for property owners to give their feedback in writing. At the moment, the Commission is focusing its efforts on the existing North College Street district which work includes Coordinating street, sidewalk and infrastructure improvements, Drafting changes to the Design Review Standards to make them clearer, and Keeping up with the review of projects requiring certificates of appropriateness. How can a property owner choose to opt out of a district? The most likely way for a property owner to opt out of a district is to advocate before the decision making body for a district boundary that does not include his or her property. This would be more likely if the property is near the periphery of a proposed or existing historic district. What about a district where inclusion is optional? A district typically has a prescribed boundary, so a property is either in or out. While the Council could consider a district where standards apply on a voluntary basis, it would likely not be effective in achieving the level of preservation that a district usually attempts to create. Typically, when standards are created with a historic district, they are done to level the playing field for all property owners with the intent of enhancing the historic nature or meaning of the district. Voluntary compliance to standards would generally undermine the stability and predictability in the district that standards are intended to create. In situations where a jurisdiction is not ready to create and apply standards across the board, it is more usual that a district is created that is honorary and simply recognizes existing and past resources with appropriate documentation. As an alternative, the decision making body may Page 4 of 5 Frequently Asked Questions regarding Historic Preservation March 5, 2010

simply consider a program of designating historic resources on an individual basis city-wide and not collectively. So if a district is considered for my neighborhood, what is the process? The procedure for designating a local district is found in Section 2-120.1 of the City Code as well as Section 11-68 of the State Code of Alabama and includes the following: Whos responsible HPC Steps in the process Preliminary Research Notice of public hearing Whats involved Survey of historic resources and their significance At least 10 days in advance and no more than 20 days in advance: Notice in newspaper: Publishing in three consecutive issues Mailed notice: to all owners of property and to all occupants To be held at a meeting of the HPC Within 15 days of the public hearing In the form of a resolution An accompanying report that includes: o Physical description o Significance o Map of boundaries and properties o Justification of district boundaries o Design standards o Representative photographs Evaluation by the Council which includes looking at Criteria for selection of historic districts 2 In the form of an ordinance Options to adopt as proposed, adopt with amendments, or reject Within 30 days of the adoption of the designation ordinance: Notice that the designation ordinance was adopted Apprising owners and occupants of applicable design review guidelines an the need to obtain a certificate of appropriates for material changes Notification to all municipal agencies within the City of Auburn that the designation ordinance was adopted.

Public Hearing Formal recommendation to the Council

City Council

Action on the HPC Recommendation

City Administration

Notification to owners and occupants

Notification to agencies

For more information about Historic Preservation in Auburn, please feel free to contact the City of Auburn Planning Department, 334-501-3040.

Specific criteria are found in Section 2-120.1.c of the City Code of Auburn Page 5 of 5 Frequently Asked Questions regarding Historic Preservation March 5, 2010