Local Demolition Ordinances:A National Comparison

Saint Paul Heritage Preservation Commission

Coordinated by: Amy Spong, Historic Preservation SpecialistPrepared by: Fred Counts, HPC Intern

What was reviewed?Local Ordinances State Statutes & Rules

▫ Minneapolis, MN▫ Stillwater, MN▫ Milwaukee, WI▫ Chicago, IL▫ New York, NY▫ Los Angeles, CA▫ Winter Park, FL

▫ Minnesota▫ Wisconsin▫ Colorado

Ways to define demolition:•Percentage calculation

▫Do other municipalities use a percentage threshold to separate partial demolition from full demolition?

The Aulick/Gavis House was the only intact example of the Second Empire style remaining in Winchester, Virginia. 30 years after a fire damaged the home, necessary repairs had still not been made, and the Winchester Common Council voted to partially demolish the homeImages courtesy of the Winchester Star

Ways to define demolition:•Principal vs. Secondary Elevations▫ Are there cities

that define demolition by façade?

Image courtesy of the Scottish Government

Minneapolis, Minnesota•Chapter 599 of the

Minneapolis Code of Ordinances, Heritage Preservation, defines demolition as:

“The act of moving or razing a building including the removal or enclosure of sixty (60) percent or more of the structure.” (Sec. 599.110)

Stillwater, Minnesota•Chap. 34, Sec. 2 of Stillwater Code of Ordinances

states that Demolition of a historic resource means any one of the following:▫Razing a building.▫Removal of 50 percent or more of the total facade.▫Removal of more than 20 percent of the exterior

front facade of a structure including the front facing roof. The amount of front facade that is required to be removed for a front porch shall not be counted toward the 20 percent.

▫Demolition by neglect.

Stillwater, Minnesota•Chap. 34, Sec. 2 of Stillwater Code of

Ordinances states that Demolition of a historic resource does not mean:▫Destruction by fire determined to be a total

loss, unless caused by arson.▫Destruction by a natural disaster or similar

event.▫Items that are considered maintenance in

the opinion of the community development director.

Milwaukee, Wisconsin

•The Milwaukee Code of Ordinances does not define demolition. The Milwaukee Historic Preservation Commission has one definition for demolition within its ordinance:“Demolition" means the complete or partial removal or destruction of any historic structure or any structure located within a historic district or site.” – Sec. 320-21.3.(c).

Milwaukee, Wisconsin•Chapter 320, Section 21.2.(a) of the Milwaukee

City Code allows for Milwaukee HPC (in concurrence with the Architectural Review Board) to designate historic sites and districts “solely for the regulation of demolition permits”.

•Partial or whole demolition, while not precisely defined, is not allowed within a historic district without a Certificate of Appropriateness granted by the commission.

Chicago, Illinois•A Chicago Landmark goes before the city

council when 40% or more of the total square footage is proposed for demolition.

•The applicant must calculate the total square footage of both the entire built space and the amount to be demolished. This includes accessory structures, such as garages, carriage houses, etc.

Chicago, Illinois•Chicago Municipal Code Section 13-32-230.

(b).▫“…if a building or structure is color coded

orange or red in the Chicago Historic Resources Survey, no demolition permit shall be issued for a period not to exceed 90 days in order to enable the department of planning and development to explore options to preserve the building or structure, including, but not limited to, possible designation of the building or structure as a Chicago landmark”

Chicago, Illinois•Demolition-Delay Ordinance

▫Adopted by the Chicago City Council in 2003, this ordinance establishes a maximum 90 day hold on the demolition of “certain historic buildings”, with possible extensions to the 90-day period upon mutual agreement with the applicant.

▫This is in order for Planning & Development to explore “appropriate” options for preservation, including landmark designation.

▫This ordinance applies to “red” & “orange” structures within the Chicago Historic Resources Survey.

Chicago, IllinoisThis 1889 Gothic Revival/ Richardsonian Romanesque single-family home on South Michigan Avenue, has been on Chicago’s Demolition Delay list since 2011. The building is color coded orange in the Chicago Historic Resources Survey.Courtesy gapersblock.com/demolished/

New York City• Section BC 3302.1 of the New York City Building

Code defines both full and partial demolition:

▫DEMOLITION, FULL: “The dismantling, razing, or removal of all of a building or structure, including all operations incidental thereto.”

▫DEMOLITION, PARTIAL: “The dismantling, razing, or removal of structural members, floors, interior bearing walls, and/or exterior walls or portions thereof, including all operations incidental thereto.”

Los Angeles, California• The Los Angeles Cultural

Heritage Commission has the ability to prevent the issuance of a demolition permit for locally-designated historic landmarks for up to 180 days. City Council has the authority to extend this hold for an additional 180 days should LACHC request it.- Los Angeles Conservancy

Winter Park, Florida“Because historic resources are irreplaceable once lost, demolition review and control is essential. It is the first line of protection for significant buildings whether they are locally designated or not.”

- Winter Park Preservation Ordinance Comparison: 2013

Winter Park, Florida•When Winter Park adopted a Historic

Preservation ordinance in 2001, the driving force was for local designation in order to protect historic resources.

•In 2013, the Winter Park Historic Preservation Board acknowledged that the ordinance had proven modestly successful in protecting some properties, but historic resources were continuing to be lost

Winter Park, Florida•Winter Park’s Preservation Ordinance

(Sec. 58-434) defines demolition of a historic resource as:

“…an act or process that destroys or razes, in whole or in part, a building structure or site, including a building within a district, or which permanently impairs its structural integrity.

Winter Park, Florida•In Winter Park, the Historic Preservation

Board has the ability to review demolition of properties if they are:▫Locally designated as an individual site▫Within a designated district▫May recommend for or against demolition

of FMSF (Florida Master Site File) properties, however no process is codified so there is no effect.

State Statutes & Rules•The State Statutes of Minnesota

(7035.0805, MN Administrative Rules) and Wisconsin (Wis. 66.0413) regulate demolition, but do not define precisely what demolition means.

• The Code of Colorado mentions demolition as part of its regulations, but does not define it. (CO 6 CCR 1007-2 Part 1 )