Item 6.2 - Laserfiche WebLink

Home Browse Search

Chapter 2. Design Review 23 tions, thus reducing political opposition to their adoption and enforce- ment. Design guidelines in conservation districts generally are not overly detailed and are developed on the basis of specific neighborhood concerns and features,such as building height,setbacks,bulk, and landscaping. Conservation districts have been established for many different pur- poses,and the criteria for the definition of an area typically reflect both the visual elements that need to be protected and the community issues giv- ing rise to the need for protection. The diversity and flexibility of conser- vation districts also is apparent in the types of activities that are regulated and the way they are administered.The experiences of two cities illustrates some of the successes and problems that have been encountered. Dallas,Texas, has seen an upsurge in concern about the impact of new projects outside historic areas.As a result, the city has enacted a "conser- vation district"ordinance that allows citizens to petition for special design and other controls in areas that do not qualify as historic districts. Desig- nation can be initiated only by a majority of landowners in an area and can be granted only if the area contains"significant architectural or cultural at- tributes" and has a "distinctive atmosphere or character that can be con- served by protecting those attributes." Once the designation process is ini- tiated, the city planning department prepares a conceptual plan for the proposed district that identifies important features and assets worthy of protection. If the city council approves the plan, an ordinance is drafted that may institute special controls on building heights,setbacks,landscap- ing, and signs, and that may include ". . . additional regulations the city council considers necessary to conserve the distinctive atmosphere or Conservation districts have character of the area." been established for many Several separate districts show the variety of regulated activity. The different purposes,and the strictest controls apply to an area containing English Tudor cottages built criteria for the definition of an in the 1930s, with Prairie and ranch-style, noncontextual infill structures area typically reflect both the built in the 1950s. The character of the infill structures may be preserved visual elements that need to be and remodeled,but if the style is changed, it must conform to the existing protected and the community Tudor style. Regulations also include paint color restrictions and sibgnifi issues giving rise to the need cant landscaping controls. Resident participation is extremely high, and for protection.The diversity the city receives many calls from neighbors about what other neighbors and flexibility of conservation districts also is apparent in the are doing. types of activities that are Another conservation district in Dallas was established in an English regulated and the way they are Tudor area to maintain building setbacks that became unenforceable administered. under revised zoning codes. The district protects the existing 60-foot building setback and prohibits fences in front yards. Large porches may be enclosed only with glass or screens,not walls.A third area has less restric- tive guidelines and consists of smaller craftsman and Prairie-style houses. Visible elements are subject to review by city staff.Although this district is supported by neighborhood residents, it is typical for small violations to occur without the complaint of other residents. The enforcement of regulations for all conservation districts in Dallas is by staff review only. Initially, an appeal could be brought before the plan- ning commission,zoning board of adjustments,or the city council.After a problem arose with this approach,however,review was limited to the zon- ing board of adjustment on the basis of its quasi-judicial authority to de- termine whether the ordinance was correctly interpreted by the planning director. In Massachusetts, there is no specific enabling authority for conserva- tion districts,and the requirements for historic preservation status are very restrictive. However, under home rule authority, many municipalities have enacted conservation districts and related ordinances. Because there is a definite awareness of the significant historic architecture in the Cam-