APPENDIX 5: Abstracts of Historic Zoning ordinances.

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Santa Fe Ordinance

Statement of creation and intent: In order to promote the economic, cultural and general welfare of the people of the city and to insure the harmonious, orderly and efficient growth and development of the municipality, it is deemed essential by the City Council that the qualities relating to the history of Santa Fe, and a harmonious outward appearance which preserves property values and attracts tourist and residents alike, be preserved; some of the qualities being: The continued existence and preservation of historic styles, and a general harmony as to style, form, color, proportion, texture and material between buildings of historic design and those of more modern design.

After the major statement of purpose and intent, the styles of architecture are clearly defined, including the old style architecture and the new style (which are copies of the old style using modern materials). The styles are carefully defined in terms of the criteria of building height, roof styles, facades, details and color.

The ordinance then outlines techniques of enforcement. Each new structure, remodeling, repainting, etc., must be described in a formal proposal and submitted to the review committee for a building permit. A permit is required for any exterior work that is to be done. Interior work does not fall under the ordinance; therefore, only the standard building permit is required.

The proposal submitted must contain complete plans and descriptions of work to be done; color and material samples must be submitted. It must be a complete presentation so that the committe knows exactly what is being considered and can act intelligently on the proposal. After being accepted and passed by the committee, the proposal is then put on display for public inspection.

San Diego Ordinance

Statement of creation and intent: To preserve and enhance the cultural, aesthetic or economic value of neighborhoods having special importance due to their historical significance or because of their being part of

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older established community centers. To provide a method of implementing adopted plans for such areas through the adoption of appropriate controls in lieu of conventional zoning.

After the major statement of purpose and intent, the ordinance sets up a committee composed of seven members who serve without compensation. They are political appointments, and a two-year term is served by all members. Each member must be qualified (due to training or experience) in history, art, architecture, land development, landscape architecture or tourism planning. Three members of the board must be property owners in the Old San Diego area. At least one member must be a registered architect in the State of California.

When formed, the board is to meet and decide on the criteria to be followed, other than that listed in the ordinance, by everybody intending to build within the historic area. Afterward, any chances that are intended to improve the character of the district must be formulated and submitted to the City Council for approval. The board is to review all construction plans and determine if the work planned conforms to the criteria set up by the ordinance.

An applicant wishing to build or remodel in the historic district must:

1. State purpose and intent of work to be done.

2. Present plans and specifications indicating dwelling unit density, lot area, lot coverage and off-street parking.

3. Adequate plans and specifications for the building.

4. Adequate plans and specifications for any out building or exterior lot treatment.

5. Provide additional information to the board when requested.

After receiving all information the board needs, it may approve, modify, or disapprove any application for a building permit, but any decision may be appealed to the City Council which may overrule the decision of the board.

The ordinance not only contains restrictions concerning the architecture and style requirements but also the type of business enterprises that may occupy a building in the historic area. Under permitted uses it is stated, "In Area A, no building or improvement or portion thereof shall be erected, constructed, converted, established, altered, or enlarged, nor shall any premises be used except for one or more of the following purposes." The various types of permitted small specialty shops are now listed and are not allowed to exceed 10,000 square feet. The shops are strictly specialty shops and eating or entertainment facilities.

The historic district is divided into four categories, and a list of allowed business is provided for each area, as well as parking requirements, density restrictions and allowed remodeling. All facets of control are considered to provide a unified area and to provide an exterior coherence for the area. The regulations are strict, and it is required that purpose and intent be clearly stated when an application is made for a building permit. An exception to the listed requirement and land use can be made by the control board.

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Any building considered by the board to be damaged beyond repair becomes eligible for a removal permit. This is the only reason for a building being removed from a site in the historic district.

Wayne Scheibe

Up: Contents Previous: APPENDIX 4: Historic District discussions. Next: APPENDIX 6: Directory of Related Organizations.

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