Heritage Preservation Ordinance
Originally written in 1976 (with text amendments in 1991 and 2008), the City of Saint Paul’s Heritage Preservation Ordinance (Chapter 73 of the City's Code of Ordinances) helped the community retain its historic character. However, shortcomings have emerged and much has changed in the field of historic preservation since the original ordinance was adopted. It has become clear that Saint Paul could benefit from greater clarity on roles and processes in our ordinance.
Heritage Preservation Commission Public Hearing for Chapter 73 updates will be Thursday, May 24th 2018 at 5:00pm City Hall Conference Center Room 40, 15 Kellogg Boulevard West, Saint Paul, MN.
The Heritage Preservation Commission (HPC) formed an Ordinance Committee in 2003 and 2009, both focused on community outreach and information gathering. Surveys and interviews with a diverse set of stakeholders identified several areas to work on including:
- Revising policies to correspond to other City departments
- Fees to defray City costs
- State Statute Environmental Assessment Worksheet (EAW) review requirements
- Need to update language corresponding to current preservation practices
- Clarity about design review process
- Questions regarding enforcement duties
Heritage preservation staff, along with the City Attorney's Office, worked to develop the committee’s findings into new ordinance language.
UPDATED HERITAGE PRESERVATION ORDINANCE HIGHLIGHTS
The draft of the updated Heritage Preservation Ordinance expands upon the concepts of the original, codifies established practices, and expands on several areas:
- Definitions-clarifying terminology used by the Heritage Preservation staff and the Heritage Preservation Commission
- Establishing minimum maintenance standards for designated sites and structures
- Clarifying that City permits cannot be issued until Heritage Preservation design review is completed
- Clarifying that Heritage Preservation design review may contain conditions of approval
- Expanding Heritage Preservation approvals from one year to two years, matching the time frame of a building permit
- Clarifying enforcement responsibilities of the Building Official
- Establishing a review time limit parallel to MN State Statute 15.99
- Requiring a complete application for review and criteria for a complete application
- Establishing a definition of incomplete applications and the treatment of these applications
- Changing "Certificate of Approval" to "Certificate of Heritage Preservation Commission Decision"
- Clarification that the historic use variance will not adversely impact the historic integrity of the site
- Introducing interim protection for sites or districts undergoing designation studies
- Expanding noticing requirements from 100’ to 350’, matching the distance required by other agencies
- Establishing fees to defray City costs incurred for reviews
- Fees are divided into two tiers: administrative review and Commission review
- Policies for paying fees and possible refunds will be established in the Heritage Preservation Commission Bylaws
ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) REVIEWS
- Moving requirements for State & National Register properties to the Heritage Preservation Commission
- Streamlining the process by a minimum of 30 days