Historic Preservation Ordinances & Guidelines ... - City of Oxford

istoric Pr e s e rvat i o nHin Ox f o r d1701 Johnson Ave.The City of Oxford established theCourthouse Square Historic PreservationCommission in 2007 and the OxfordHistoric Preservation Commission,including the North Lamar District, SouthLamar District, Jefferson Madison Districtand the Depot District, in 2004 in orderto preserve the unique qualities which haveproven increasingly attractive to residents,business interests and tourists. Historicpreservation is vital to maintainingOxford’s character and charm as well asguiding orderly growth and development.Oxford’s Historic Preservation Ordinanceenables the city to protect and enhanceproperties of cultural, architectural,archeological and historical merit. Thebenefits of safeguarding Oxford’s historicresources, landmarks and historic districtsare extensive and include fostering civicpride, as well as promoting and protectingthe health, safety, prosperity, education andgeneral welfare of the people living in andvisiting the city.Cover images (clockwise from top):Lafayette County Courthouse, L.Q.C. Lamar House,616 N. 14 th St.; Longstreet Carter Cobb House, 634N. Lamar; Roberts -Neilson House, 911 S. Lamar;Ammadale, 637 N. Lamar; Neilson-Culley House, 712S. 11 th St.; Cedar Oaks, 601 Murray St.; HamblettHouse, 619 Van Buren Ave.Co u r t h o u s e Sq u a r e HistoricPr e s e rvat i o n Co m m i s s i o nThe Courthouse Square Historic PreservationCommission (CSHPC) is a seven member,mayor appointed body consisting of residentsof the City of Oxford who volunteer theirtime and talents to ensure the city’s historicresources are protected and promoted.Please refer to www.oxfordms.net for a listof CSHPC members. The majority of themembers of the CSHPC are owners ofproperty within the Courthouse SquareHistoric Preservation District.CSHPC meetings take place on the firstMonday of each month at 5:00 p.m. in thesecond floor courtroom of City Hall. TheCSHPC is responsible for administrationof the Historic Preservation Ordinanceand associated design guidelines within theCourthouse Square Historic PreservationDistrict.Ox f o r d HistoricPr e s e rvat i o n Co m m i s s i o nThe Oxford Historic PreservationCommission (OHPC) is a nine member,mayor appointed body consisting of residentsof the City of Oxford who volunteer theirtime and talents to ensure the city historicresources are protected and promoted. Pleaserefer to www.oxfordms.net for a list of OHPCmembers.OHPC meetings take place on the secondTuesday of each month at 5:30 p.m. in thesecond floor courtroom of City Hall. TheOHPC is responsible for administrationof the Historic Preservation Ordinanceand associated design guidelines for allhistoric preservation districts outside of theCourthouse Square Historic PreservationDistrict, including the North Lamar District,South Lamar District, Jefferson MadisonDistrict and the Depot District.Ce rt i f i cat e o fAp p ro p r i at e n e s s (COA)A Certificate of Appropriateness (COA)is required before any exterior featureof a property located in any of Oxford’shistoric districts is constructed, altered,relocated or demolished. The COAprocess, established by Chapter 54 ofthe Oxford Code of Ordinances onHistoric Preservation, seeks to preserveand protect Oxford’s designated historicresources through design review. ACOA is a document issued by theappropriate historic preservationcommission evidencing approval ofwork proposed by an applicant andis issued following a public hearingwhere the applicant(s) and affectedproperty owner(s) have the opportunityto speak in favor of or against theproposed project. The HistoricPreservation Commissions evaluate allCOA’s in compliance with the HistoricPreservation Ordinance and the OxfordDesign Guidelines which are based onthe Secretary of the Interior’s Standardsfor Rehabilitation and may approve,approve with conditions, or deny withreason, a COA request. After thehearing, the applicant and/or propertyowner is notified by mail of the hearingresult and a COA is issued uponapproval by the CSHPC or OHPC. Atime limit of one year is given for theimplementation of any COA granted bythe CSHPC or OHPC.In some instances, work which doesnot require a building permit such asreroofing, residing, exterior lightingreplacement, window, door and shutterreplacement does require a COA.Please consult Planning Departmentstaff to determine whether a particularproject requires a COA.Routine MaintenanceA COA is NOT required for “ordinaryrepair or maintenance” which isdefined as work done to preventdeterioration of a resource or any partthereof by returning the resource to itscondition with like materials prior tosuch deterioration, decay or damage.Ordinary repair or maintenanceincludes repainting. Oxford’s HistoricPreservation Ordinance does not governpaint color or interior alterations and aCOA is not required for most interiorwork unless if affects the appearance ofthe exterior.ApplicationsTo obtain a Certificate ofAppropriateness, an application mustbe completed and submitted to theCity of Oxford’s Planning Department.Forms are available at City Hall fromthe Planning Department and on thecity website, www.oxfordms.net. ACOA application must be received,fully complete and signed, within 12Fiddler’s Folly, 520 N. Lamar

usiness days (excluding state holidays)from the date of the regularly scheduledOHPC or CSHPC meeting. Applicationswill not be processed unless accompaniedby supporting documentation and a checkfor $100.00, made payable to the City ofOxford.Potential applicants are encouraged toconsult with Planning Department staffprior to the application deadline toensure that all applications are completeand consistent with Oxford’s historicpreservation standards. Applications fornew construction, additions to existingstructures, restoration or rehabilitation ofan existing structure should include thefollowing:• Plans showing all exterior elevationsproposed for additions, alterations,rehabilitation or new constructionand the type of work proposedincluding: overall dimensions, typeof materials to be used on walls, roof,windows, trim and siding;• Site Plan indicating property lines,setbacks, location of the structure orproposed location of a new structure,accessory building, parking facilities,exterior lighting, fencing, landscaping,signage and screening for utilities; and• Photographs of the existingstructure or, if for new construction,photographs of the lot and theadjoining structures.• Material samples of replacementand new constructions materials arestrongly encouraged.No application is required for repainting,minor repair, or routine maintenancedefined as involving removal ofinappropriate or outdated signs, awnings,or canopies not original to the structure ornot involving change in design, material orappearance of the building.Applications for DemolitionAll structures located in a historic districtrequire a COA prior to the issuance ofa permit for demolition. Please referto section 54-26(4) of Oxford’s HistoricPreservation Ordinance for criteriathat will be considered in granting ordenying a COA for demolition. Permitsfor demolition and new constructionof the same property shall be issuedsimultaneously for residentially zonedproperties.Applications for demolition of a structureshall include the following:• Photograph of the structure to bedemolished;• Method of demolition to be used; and• Statement of the need for proposeddemolition with reference to furtheruse of the site.Solar PanelsPreservation of the character of thehistoric structures and sites withinOxford’s historic districts is of theutmost importance. The OHPCand the CSHPC encourage theinstallation of solar panels andsolar devices as alternative energysources. However, there may beinstances where solar panelsor solar devices are notappropriate on a particularbuilding or site if such adevice is determined tobe detrimental to thecharacter of the historicdistrict. For moreinformation and a list ofthe criteria intended toguide the discussionof applications forCertificates ofAppropriatenessinvolving solarpanels or solardevices in historicdistricts, pleaserequest a copyof Oxford’sGuidelines forEvaluation ofSolar Panelsin HistoricDistricts fromthe Planning Department.

Preliminary c o n f e r e n c eApplicants have the right to an informal,preliminary conference with members ofthe OHPC or CSHPC for the purposeof making changes or adjustments tothe application which may help ensureits acceptance. Legal notice is notrequired for placement on the OHPCor the CSHPC agenda for a preliminaryconference.De m o l i t i o n b y Ne g l e c tAll properties within Oxford’s HistoricPreservation Districts shall be preservedby the owner against decay, deteriorationand free from structural defects. Section54-30 of Oxford’s Historic PreservationOrdinance addresses “Demolition byNeglect,” defined as improper maintenanceor lack of maintenance of any resource,which results in substantial deteriorationof the resource and threatens its continuedpreservation. To receive more informationregarding review by the OHPC or CSHPCfor potential Demolition by Neglect of aproperty within a historic district, pleasecontact the Planning Department and/orrequest a copy of the Policy and Procedurefor Demolition by Neglect.CITYOF OXFORDHistoricPreservationCommission107 Courthouse SquareOxford, MS 38655For more information aboutthe preservation of property inOxford’s historic districts,visit www.oxfordms.netor call 662-232-2305.©2010 City of OxfordCreative by Webz MediaLongstreet Carter Cobb House, 634 N. LamarCo m p l i a n c e, En f o r c e m e n ta n d Pe na lt ie sViolation of the requirements orprohibitions contained in the HistoricPreservation Ordinance may result in thefollowing civil and criminal penalties:• Civil penalty: Any person whoconstructs, alters, relocates ordemolishes any resource in violationof the Historic PreservationOrdinance shall be required torestore it to its appearance or settingprior to the violation. This civilremedy shall be in addition to,and not in lieu of, any criminalprosecution and penalty.• Criminal penalty: Any personviolating any provision of the HistoricPreservation Ordinance shall beguilty of a misdemeanor, and shallbe deemed guilty of a separateviolation for each day during whichany violation hereof is committed.Upon conviction, each violation shallbe punishable by a fine not to exceed$1,000.00.Re a p p l i cat i o n, De f e r m e n t sa n d Ap p e a lApplications that are denied shall not beresubmitted in substantially the same formfor six (6) months after denial.Applicants whose requests are deferredmust reappear before the OHPC orCSHPC within ninety (90) days topresent amended plans, other materialsor information as requested by theCommission. Failure to comply withconditions set by the Commission in atimely manner may result in the denial ofan application.Any applicant adversely affected by anyaction of the commission relative toapproval or denial of an applicationmust move for reconsideration by theCommission within thirty (30) days afterthe decision is rendered. Any applicantmay appeal a decision of the OHPC orCSHPC to the Board of Aldermen.Th e Na t i o n a l HistoricPr e s e rvat io n Ac tEnacted in 1966, NHPA establishedpreservation as a national policy and directsthe Federal government to provide leadershipin preserving, restoring and maintainingthe historic and cultural environment ofthe Nation. Preservation is defined as theprotection, rehabilitation, restoration, andreconstruction of districts, sites, buildings,structures, and objects significant inAmerican history, architecture, archeology, orengineering. The Act authorizes the Secretaryof the Interior to expand and maintain anational register of districts, sites, buildings,structures, and objects significant in Americanhistory, architecture, archaeology and culture,referred to as the National Register.Fe d e r a l An d St a t e Ta xIn c e n t i v e Pr o g r a m sTax codes of the United States and of thestate of Mississippi provide substantialfinancial incentives for taxpayers whorehabilitate Mississippi’s historic buildings.Historic rehabilitation tax benefits have beenprovided by the federal tax code since 1976,and in 2006 the state of Mississippi createda state tax credit, as well. In some cases,rehabilitation projects may qualify propertyowners for both state and federal tax credits.In March 2006, Governor Haley Barboursigned Senate Bill 3067, which createdthe Mississippi state historic preservationtax incentives program to encourage therehabilitation of historic buildings. Theprogram, which provides for a state incometax credit equal to 25% of the qualifiedexpenses of rehabilitating historic structuresused for residential or business purposes.Only expenditures incurred after January1, 2006 qualify. For more information onproperty eligibility, application process andforms visit the Mississippi Department ofArchives and History’s website atwww.mdah.state.ms.us. It is strongly recommended thatthe application be submitted for review andapproval before starting work so that potentialproblems in compliance with the Standards,which might jeopardize the tax credit, can beavoided.Square Books, 160 Courthouse Square

CITYHistoricPreservationOF OXFORDCommission107 Courthouse SquareOxford, MS 38655