Work Applications.
A formal request to do work on the exterior of a property located in areas under the jurisdiction of the New Orleans Historic District Landmarks Commission begins with the submission of a Work Application. A copy of a Work Application is included as part of the Guidelines. A Work Application has three main parts, all of which must be completed before the staff can make a preliminary review. They are: (1) basic information about the building (the Owner, and others involved in the project); (2) a description of the work applied for; and (3) a date and signature of the Owner or the Owner's designated representative. All information must be completed in legible print or typed for the application to be processed.
Information about the Building, the Owner and Others Involved in the Project.
In this section a completed application must include: 1. The primary street address of the property and any particular address which more closely identifies the area where the work is proposed to occur. 2. The Owner's name, address and telephone number. The address must include all information necessary for delivering mail, including the zip code. 3. If the Owner is not making the application, the Owner's Representative must also complete the section labeled "Applicant." The Owner's Representative should present some documentation signed by the Owner (a contract or letter of agreement) to support the claim of representing the Owner's interests. The Owner's Representative/Applicant's address must contain all information necessary for making contact by mail including the zip code. 4. If an Architect or Contractor is involved in the project, he must also be identified by name and provide both an address and telephone number.
Information about the Project.
The scope of work must be described in detail. The Commission is concerned with any proposed alteration to a building's historic fabric. Appropriate information should be submitted for the different types of applications noted below:
Maintenance and Repair.
A verbal description of the exact work to be performed (how it will be completed, with what materials, etc.) must be included in a Work Application for maintenance and repair. A photograph showing the area where work will be performed can often shorten the application review process. Most applications for maintenance and repair can be handled at the staff level and require little time to process.
Work to Alter the Appearance of a Building.
Any application to remove an element and replace it with a new element must be documented with drawings, photograph(s) or submission of a prototype of the proposed replacement item. For example, if gutters are to be replaced on a building, a description of the replacement gutter (such as a manufacturer's description or dimensioned sketch) must be submitted with the application. The review period to approve an application to alter the appearance of a building depends upon the architectural significance of the building and the scope and type of work proposed. Each section of the Guidelines details the criteria that the Commission uses to assess this type of application.
Major Alterations and Additions to an Existing Building.
Processing this type of application requires the submission of dimensioned drawings which show the proposed work in detail and in relation to the existing structure. These detailed drawings may be supported by manufacturer's descriptions of the products which are proposed for use. Most applications for major alterations or additions require public hearings before the Commission after first being reviewed by the Architectural Review Committee. For this reason, many applicants submit conceptual drawings as a basis for preliminary discussions. These drawings should give an accurate description of a project in terms of its general massing and dimensions. Conceptual drawings often do not include the resolution of fine detail. Conceptual drawings are used in preliminary discussions with the staff, Architectural Review Committee, and Commission to save the Owner the expense of producing working drawings for a project which may require many revisions as a result of the design review process. Once conceptual approval has been granted by the Commission, working drawings can be developed with some assurance that the project will receive final approval. For more information regarding the design review process, refer to "Rules and Procedures" for the Commission.
New Construction.
Like applications to make additions or major alterations to an existing building, all proposals for new construction must go to the full Commission for a public hearing. Because new construction has a major impact on the appearance of a historic district, the Commission often requests that alternate massing studies be submitted as a first step in reviewing an application. An architect or designer may also wish to submit renderings or drawings which show the proposed building in relation to the neighboring structures. The Commission may request these drawings if it feels that the information is necessary to assess the impact of such new construction on the historic district. For conceptual review of a proposal, the applicant should submit, as a minimum, the following drawings: a plot plan, floor plans, and elevations. Applications for new construction can be reviewed by the Commission up to three times at the conceptual, design development, and working drawing stages. The Commission may choose to delegate the responsibility for review of these drawings to either the staff or the Architectural Review Committee. On some new construction projects, the Commission may also require a model and drawings of the entire block.
Demolition Applications.
Demolition Applications are addressed in detail in a separate section of the Guidelines. A sample copy of a Demolition Application is included with that section. Complete information regarding the location, Owner or any representative and the scope of proposed work must be included in the application for staff review to begin. Demolition Applications often involve plans for the subsequent use of a property. The Commission usually reviews such construction proposals concurrently with the Demolition Application. As noted earlier, complete information must be submitted for the Commission, Architectural Review Committee, and staff to properly review and assess the proposed scope of work. It is important to note that demolition applications must lie over 30 days as a rule. This requirement may be waived by a vote of the Commission.
Applications before Other City Agencies.
The Commission does not have the authority to control the use of a property. All proposals for work on a property under the geographic jurisdiction of the Commission must conform to the local Zoning Ordinance and all other applicable codes. Applications for exceptions to the Zoning Ordinance or other codes may be made concurrently with an HDLC Work Application in order to reduce the time involved in the permitting process. The Commission works with other branches of City Government to coordinate approvals involving use, zoning, appearance and other regulated items. The Certificate of Appropriateness issued for the work approved by the Commission must be presented to the Department of Safety and Permits when applying for a Building Permit. The Commission often provides comments to the Board of Zoning Adjustments, the City Planning Commission and/or the City Council when appropriate.
Demolition.
The New Orleans Historic District Landmarks Commission regulates the demolition of all structures in areas under its jurisdiction, both in the local historic districts as well as the landmark buildings. Applications for the total or partial demolition of a building must be either approved or denied by the vote of the full Commission at a public hearing. There are only two exceptions to this absolute rule. They are as follows: 1. The staff may issue an approval of a demolition if a building has been certified by the Commission's consulting engineer as being in a state of imminent collapse; or 2. If a structure has been given an "unrated" classification using the Commission's rating system for architectural/historical importance, and if the building area is less than 1000 square feet, then the staff of the Commission has the authority to allow the demolition. In both cases the staff will make its decision in consultation with the Chairman of the Commission. An application for the demolition of a building must be made by either the Owner of a property or by the Owner's authorized representative. If the applicant is a representative of the Owner, he must present evidence that he has been authorized by the Owner to act in that capacity.
An application for demolition may be made for any reason. The Commission, which was established by Ordinance 5992 M.C.S., utilizes the following criteria to evaluate a Demolition Application: 1. The historic or architectural significance of the building, as designated by the "color rating"; 2. The importance of the building to the tout ensemble of the area; 3. The special character and aesthetic interest that the building adds to the district; 4. The difficulty or impossibility of reproducing such a building because of its design, texture, material or detail; and 5. The future utilization of the site.
There is also a provision in the ordinance which states "Where, by reason of topographical conditions, irregularly shaped lots, or because of unusual circumstances applicable solely to the particular applicant, strict enforcement of the provisions of this ordinance would result in undue hardship particularly affecting said applicant, then the Commission in passing upon his application, shall have the power to vary or modify adherence" to the above criteria. However, there is no set formula or number of criteria that a building must meet for the application to be approved or denied. An application for the demolition of a building should be complete and include all supporting documentation necessary in order to fully describe the proposed scope of work. As a minimum, the application should include a plot plan which clearly delineates the area proposed for demolition. If the demolition involves only a portion of a structure, the application should include details for the stabilization of the remaining portion.
The Commission and the staff will also ask if alternatives to demolition have been considered by the owner. Some of the possible alternatives are as follows: 1. Minimum physical stabilization, weatherproofing and securing to prevent entry by vagrants, vermin, or water; 2. Sale or transfer of the property to a party willing to undertake the rehabilitation of the property; 3. Renovation or adaptive reuse of the existing structure.
It is the Commission's policy to have all Demolition Applications lie over for thirty (30) days following first public hearing. This allows the public and the staff to more fully investigate any application. Prior to the first public hearing, the staff requests access to the property for inspection by the Commission's consulting engineer. He submits his report to the Commission for its consideration as part of the staff report. The Owner or applicant may also submit a report by a structural engineer and is encouraged to provide any and all information which further supports his application before the Commission.
The staff and Architectural Review Committee generally do not make recommendations regarding Demolition Applications unless it involves further work on the site subsequent to the demolition. Often times, information critical to a demolition decision is forthcoming only during the Commission's public hearing. In these cases, when the application includes construction proposed for the site following the demolition, the proposal is reviewed by the Architectural Review Committee and a recommendation is relayed to the full Commission. The Commission may act on the application separately, considering the Demolition Application before the proposed construction.
At a public hearing on a Demolition Application, the Commission first asks for a staff report. This report usually contains information about the architectural significance of the building and the consulting engineer's report. If the proposal includes the future use of the property subsequent to the demolition, the staff presents that information as well along with its recommendation for or against approval. Generally, the staff does not issue recommendations regarding demolition proposals unless requested by the Commission. Following any Commission discussion, the owner or applicant is asked to comment and respond to questions from the Commission. Then, public comment and questions are heard. The Commission may exercise the right to uniformly limit the length of each presentation according to its rules and procedures. Following all presentations, the Commission may entertain motions. To pass, a motion which has been seconded must receive a majority vote based upon the total number of Commissioners currently serving, regardless of the number present. The Commission's decision is appealable to the City Council. Appeals may be filed either by the applicant or any interested member of the community. If the Commission's decision is appealed, notice must be made in writing to the Clerk of Council within ten (10) days of the action. The City Council's decision is also appealable to the court of appropriate jurisdiction.
If the Commission votes in favor of a proposed demolition, a Certificate of Appropriateness will be issued for the work after all conditions of the Commission's approval have been met. No work may go forward on a proposed demolition until a Certificate of Appropriateness has been issued by the staff and the applicant has obtained all other necessary permits from the applicable city agencies. As always, a proper building permit must also be applied for and received.