[Ord. No. 2019-02 § 4]
This chapter shall be known as the "Historic Preservation Ordinance"
of the City of Davenport, Iowa.
[Ord. No. 2019-02 § 4]
The purpose of this chapter is to promote the educational, cultural,
aesthetic, economic and general welfare of the City of Davenport by:
A.
Providing a mechanism for the community to identify, protect
and enjoy the distinctive historical and architectural characteristics
of Davenport which represent a visual legacy of the City's cultural,
social, economic, political and architectural heritage; and
B.
Fostering civic pride, through public education, by formally
recognizing and honoring the notable accomplishments of past citizens
as represented in the City's historic structures, sites, objects
and districts; and
C.
Stabilizing and/or increasing property values by encouraging
the conservation, through sympathetic rehabilitation and/or reuse,
of historically or architecturally significant properties; and
D.
Preserving and enhancing the City's attractiveness to potential
home buyers, tourists, businesses wanting to relocate and other visitors,
thereby supporting and promoting commercial development and economic
benefit to the City's economy; and lastly,
E.
Encouraging the stabilization, rehabilitation and conservation
of the existing building stock, including the prevention of needless
demolition of structurally-sound buildings, in order to strengthen
the City's neighborhoods and to prevent future urban blight.
[Ord. No. 2019-02 § 4]
A.
ALTERATION – Means any activity requiring a building,
sign or demolition permit which materially or visually changes the
exterior architectural features, elements and appearance of a structure.
This includes, but is not limited to, construction, reconstruction,
rehabilitation, relocation and demolition, in whole or in part.
B.
APPURTENANT FIXTURE – Means something that belongs to
or is attached to something else, either physically or legally.
C.
ARCHITECTURAL FEATURE – Means and includes the exterior
elements of a structure or site and their arrangement which define
a particular architectural style, character and/or uniqueness. These
elements include, but are not limited to, the following: facade materials,
windows, doors, mill-work, roof-cresting, fences, gates, light fixtures,
signs, and all other appurtenant fixtures.
D.
ARCHITECTURAL SIGNIFICANCE – Means a structure possessing
any of the following characteristics is said to have architectural
significance:
1.
The structure is the work of or is associated with a noted architect,
builder, craftsman or architectural firm; and/or
2.
The structure is an exceptional example of a particular architectural
design or style (whether local or typical) in terms of detail, material
and workmanship; and/or
3.
The structure is one of the few remaining examples of a particular
use or is an example which does not clearly represent a major style
but has a high degree of integrity, as defined herein; and/or
4.
The structure is one of a contiguous grouping that provide a
sense of cohesiveness expressed through a similarity of design, style,
time period or method of construction and adding to the unique character
of the area; and/or
5.
The detail, material and workmanship can be valued in and of
themselves as reflective of or similar to those of the majority of
the other visual elements in the area.
E.
BUILDING – Means a structure created to shelter any form
of human activity, such as a house, garage (or carriage house), warehouse,
factory, barn, church, hotel or similar structure. Buildings may refer
to a historically-related grouping of structures such as a courthouse
and jail or a house and barn. This term is a subset of "structure"
as defined in this section.
F.
CERTIFICATE OF APPROPRIATENESS – Means a document issued
by the local historic preservation commission indicating its approval
of work plans prior to a proposed change in the exterior architectural
appearance, material or character of a designated landmark or a structure
located within a designated historic district through alteration,
rehabilitation, restoration, construction and reconstruction. It shall
be required only for activities covered by the building and sign permit
procedure.
G.
CERTIFICATE OF ECONOMIC HARDSHIP – Means a certificate
issued by the historic preservation commission, or by the City Council
upon appeal, based on financial and economic criteria, authorizing
the demolition, in whole or in part, of a designated structure.
H.
CERTIFICATE OF PUBLIC HAZARD – Means a certificate issued
by the historic preservation commission for the partial or complete
demolition of a structure because it poses an immediate, definite
and serious threat to the life, health and safety of the general public.
I.
COMPATIBLE – Means to coexist with harmony and consistency.
J.
CONSTRUCTION – Means building activity which physically
attaches new floor space, walls and/or ceiling(s) to an existing structure
or erects a new principal or accessory structure on a parcel of land.
K.
DEMOLITION – Means any act requiring a building or demolition
permit which removes or destroys, in whole or in part, any exterior
architectural feature of a local landmark or a structure within a
designated historic district.
L.
DESIGN CRITERIA – Means a standard of appropriate and
permissible work that will retain and preserve the architectural and
historic character of a designated structure and/or district.
M.
DESIGNATED – Means the status officially assigned to a
structure or district by the City Council, based on a recommendation
of the historic preservation commission, due to its architectural
and/or historical significance, as defined herein.
N.
DESIGNATED PROPERTY – Means the short term for a designated
landmark, a designated district or a structure located within a designated
district.
O.
DISTRICT – Means an area of historical significance designated
by ordinance of the City Council, as provided in Chapter 303.34 of
the Iowa State Code.
P.
EXTERIOR ARCHITECTURAL APPEARANCE – Means and includes
the architectural treatment and general arrangement of all exterior
elements of a structure. This includes, but is not limited to, the
color, texture and kind of materials, and the type and size of all
windows, doors, roof details, light fixtures, signs and appurtenant
fixtures.
Q.
HISTORICAL SIGNIFICANCE – Means structures or districts
which possess any of the following traits are said to have historical
significance:
1.
Are significant in American history, architecture, archaeology
and culture; and/or
2.
Possess integrity of location, design, setting, materials, skill,
feeling and association; and/or
3.
Are associated with events that have been a significant contribution
to the broad patterns of our history; or
4.
Are associated with the lives of persons significant in our
past; or
5.
Embody the distinctive characteristics of a type, period, method
of construction, represent the work of a master, possess high artistic
values, represent a significant and distinguishable entity whose components
may lack individual distinction; and
6.
Have yielded, or may be likely to yield, information important
in prehistory and history.
R.
IMPROVEMENT – Means any structure, object, parking facility,
fence, gate, wall, walkway, work of art, landscape feature or other
item constituting a physical betterment of real property.
S.
IMPROVEMENT PARCEL – Means the unit of land, which may
contain an improvement as defined in this section and which is treated
as a single entity for the purpose of levying real estate taxes.
T.
INFILL DEVELOPMENT – Means new construction and/or other
physical improvement of vacant land within a designated historic district.
U.
INTEGRITY TAKEN AS A WHOLE, – Means the degree in which
a structure, site, object or district retains its original design,
materials, configuration or character.
V.
LOCAL LANDMARK – Means a structure or district identified
by the historic preservation commission and designated by the City
Council as satisfying the criteria as architecturally and/or historically
significant, as defined herein. Structures and districts officially
receiving local landmark status shall hereby be regulated by this
chapter and shall be listed on the "Davenport Register of Historic
Properties".
W.
LOCAL REGISTER – Means the short term for the Davenport
Register of Historic Properties.
X.
NOMINATED PROPERTY – Means a structure and/or district
that is officially before the historic preservation commission and
the City Council for review of eligibility for designation.
Y.
NUISANCE – Means a building or structure found to be in
substantial violation of City building, fire and/or housing codes.
Z.
OWNER(S) OF RECORD – Means the person(s), corporation
or other legal entity listed as owner(s) of real property for taxation
purposes in the records of the Scott County, Iowa, Recorder of Deeds.
AA.
REHABILITATION – Means the act of returning a property
to a state of utility which makes possible a contemporary use while
preserving those portions or features of the property which are significant
to its historical, architectural and cultural values. Re-habilitation
activities require a building permit.
BB.
RELOCATION – Means the removing of a structure, in whole
or in part, from its original site to be situated or reconstructed
on another site.
CC.
REPAIR – Means any maintenance of a structure that does
not require a building permit.
DD.
REPLACEMENT-IN-KIND – Means the act of replacing an architectural
feature of a designated structure so as not to alter its visual appearance
and character. This is accomplished by using replacement materials
that replicate the previous historic feature in design, size, texture
and visual appearance.
EE.
RESTORATION – Means the act or process of accurately recovering
the form and details, using documentary evidence, of a structure and/or
a district and its setting, as it appeared at a particular period
of time, by means of the removal of later work, repair or by replacement-in-kind
of missing historic architectural features.
FF.
SCALE IN A STRUCTURE – Is the relationship of vertical,
horizontal and depth dimensions. With a district, it is the comparative
relationship of the massing of the buildings, open spaces and landscape
features.
GG.
STRUCTURE – Means anything constructed or erected, the
use of which requires permanent or temporary location on or in the
ground, including but not limited to: buildings, fences, bridges,
gazebos, fountains, statuary, advertising signs, billboards, backstops
for tennis courts, radio and television antennas (including supporting
towers and satellite dishes) and swimming pools.
[Ord. No. 2019-02 § 4]
A.
Application process. The legal owner(s) of record or the commission,
may nominate a single structure for designation as a local landmark
or an area as a historic district. Upon application, the commission
secretary shall inform the applicant of the information needed by
the commission to adequately consider the nomination.
To nominate a district for designation by the legal owners of
record, a petition requesting nomination must be signed and submitted
by the owners of record representing at least 51% of the total area
of the proposed district, excluding public rights-of-way. After the
names on the petition are verified as legal real property owners within
the proposed district, the commission secretary shall notify the applicant(s)
that the nomination process may continue. A copy of the petition shall
also be submitted to the State Historical Society of Iowa for its
review and recommendation.
B.
Designation criteria. The commission shall, after such investigation
as it deems necessary, make a recommendation to the City Council as
to whether a nominated structure or district qualifies for the local
register. To qualify, a property must satisfy one or more of the following
criteria:
1.
It is associated with events or persons that have made a significant
contribution to the broad patterns of the history of the City, county,
state and/or the nation; and/or
2.
It embodies the distinctive characteristics of an architectural
style valuable for the study of a type, period or method of construction;
and/or
3.
It represents the work of a master builder, craftsman, architect,
engineer or landscape architect or possesses high artistic values.
C.
Notification of nomination. Upon receipt of a properly completed
application for designation, the commission shall place the nomination
on the agenda within 60 calendar days. A notice shall be placed in
a newspaper of general circulation not less than four nor more than
20 calendar days prior to the scheduled meeting stating the commission's
intent to consider an application for designation. It shall contain,
at the minimum, the nominated property's address, legal description
and the date, time and location of the public meeting. If a district
is nominated, in addition to the published public notice, a letter
explaining the proposed designation shall be sent by regular mail
to the owner(s) of record of real property within the proposed historic
district. The commission's meeting agenda shall also be posted
on the first floor City hall bulletin board used for such purposes
no less than one business day prior to the scheduled time of the meeting.
D.
Designation - public meeting. Upon submittal of a complete application,
the commission shall conduct a public meeting to consider the designation
of the nominated structure and/or district. Any interested person,
group of persons or organization may submit oral and/or written testimony
concerning the significance of the nominated property. The commission
may also consider staff reports, and request and/or hear expert testimony.
E.
Burden of documentation. The nominator(s) shall have the burden
of proof to provide sufficient evidence and documentation that the
nominated structure and/or district is worthy of local landmark status.
F.
Recommendation by the commission. To recommend the designation
of local landmarks or historic districts, the commission must pass
by a simple majority vote of the members present, a vote in the affirmative.
In the case of a proposed historic district, when owners of more than
33 1/3% of the proposed district's area, excluding public
rights-of-way and other publicly-owned property, state their disapproval
in writing on an owner comment on designation form before or during
the commission's first public meeting conducted to formally consider
the nomination, a super-majority vote of three-fourths of the commission
members present shall be required to recommend designation as a local
historic district.
The commission's recommendation for approval of the designation
shall be forwarded to the City Council for final review and consideration.
If the commission determines that the nominated property does not
satisfy the criteria for designation, the nomination process shall
cease. However, a property denied designation as part of a proposed
historic district may seek individual local landmark status at any
time following the commission's or City Council's first
denial. An individual structure denied designation as a local landmark
may be considered for the Local Register as part of a nominated historic
district at any time following its initial denial.
G.
Documentation of recommendation. All commission recommendations
shall be adopted by vote in a public meeting and shall be accompanied
by a report stating the following information:
1.
A map showing the location of the nominated structure and/or
the boundaries of the proposed district; and
2.
An explanation of the architectural and/or historical significance
of the nominated structure and/or district as it relates to the designation
criteria listed in Section 17.23.060B; and
3.
An inventory of the significant exterior architectural features
and property improvements that should be protected from inappropriate
alterations; and
4.
In the case of a designated district, a brief statement of the
architectural and/or historical significance and character unique
to the neighborhood that should be preserved for future generations.
This statement may include design guidelines for new construction
or infill development, signage, parking regulations and streetscape
design or any other development issues affecting the physical appearance
and use of the district.
H.
Interim permit process. No building, sign or demolition permit
for exterior work shall be issued for the alteration, construction,
reconstruction, relocation or demolition of a nominated local landmark
or for a property located within a nominated historic district from
the date of filing an application for nomination with the commission
until final disposition of said nomination by the commission and/or City
Council. The commission shall, however, establish and exercise procedures
allowing for the review and approval of emergency repairs during this
process. In no event shall this limitation on permits apply for more
than 120 calendar days without permission of the owner(s) of record
of the property.
I.
Nonapplicability. This section nor this chapter is in no way
intended to and shall not prevent the demolition of a structure or
object that the City housing, building, fire or legal department or
the City Council had identified as being an immediate threat to the
life, health and safety of the general public pursuant to the Uniform
Housing Code, is a fire hazard pursuant to Uniform Fire Code or is
a nuisance under state or City law.
This section or this chapter shall have no effect on and shall
not prevent demolition of any building already documented as being
in substantial violation of the City's building, fire and/or
housing codes before the date this chapter is adopted.
[Ord. No. 2019-02 § 4]
A.
Action by City Council. The City Council may vote to approve
with modifications or deny the ordinance for a proposed landmark or
historic district designation. If the City Council denies local landmark
status for the property and/or district, the same nominated property(s)
may not be reconsidered by the commission for designation during the
twenty-four-month period following the date of denial by the City
Council, except pursuant to the exceptions stated in Section 14.01.040G.
B.
Notification of decision. The commission secretary shall notify
the nominator(s) by regular mail, of the City Council's determination.
The notification letter shall be postmarked no later than 15 business
days after the date of the City Council's ruling on said designation.
If the property is designated, the commission shall pay for and cause
said designation to be recorded on the property's chain of title
by the Scott County, Iowa Recorder of Deeds.
C.
Amendments or rescissions. The designation of any landmark or
historic district may be amended or rescinded through the same procedure
utilized for the original designation.
[Ord. No. 2019-02 § 4]
A.
Application for certificate of appropriateness. Upon application
for a building or sign permit that involves a designated property,
the office of construction code enforcement shall direct the applicant
to the commission secretary to begin the certificate of appropriateness
application process. A certificate of appropriateness must be obtained
from the commission for any activity requiring a building or sign
permit, except demolition, that would change the exterior architectural
appearance of a structure designated as a local landmark or a structure
located within a designated historic district. The activities covered
shall include new construction, exterior alterations, relocations,
reconstructions and infill development within designated historic
districts. This approval must be obtained prior to the commencement
of work and does not relieve the applicant from obtaining the other
approvals required by the City.
B.
Notification about application. The commission secretary shall
inform the owner(s) of record of the date, time and location of the
commission meeting at which the application will be considered. The
commission secretary shall also post the commission's agenda
on the first floor City hall bulletin board used for such purposes
no less than one business day prior to the scheduled time of the meeting.
C.
Commission review process - Standards for review. In considering
an application for a certificate of appropriateness, the commission
shall be guided by the following general standards in addition to
any other standards or guidelines established by ordinance for a local
landmark or historic district. In all cases, these standards are to
be applied in a reasonable manner, taking into full consideration
the issue of economic feasibility and other technical considerations.
1.
Every reasonable effort shall be made to make the minimal number
of changes necessary to maintain a designated property in a good state
of repair, thereby minimizing the impact of the proposed alteration;
and
2.
The removal, alteration or concealing of distinguishing exterior
architectural features and historic material of a designated property
should be avoided when possible; and
3.
All designated property shall be recognized as a product and
physical record of its time, place and use. Changes that create a
false sense of historical development, such as adding conjectural
architectural features shall be discouraged; and
4.
Most properties change over time, and those changes that have
acquired architectural and/or historical significance in their own
right shall be recognized, respected and retained; and
5.
Distinctive architectural features, construction techniques
and/or examples of craftsmanship that characterize a designated property
shall be treated with due consideration; and
6.
Deteriorated architectural features should, where possible,
be repaired rather than replaced. Where the severity of deterioration
requires replacement, the new feature shall match the old in design,
color, texture and other visual qualities and, where possible, materials.
Replacement of missing features shall be substantiated by documentary,
physical or pictorial evidence; and
7.
Activities that cause deterioration of a designated property
and its architectural features shall be discouraged. In those cases
where the damage would be irreversible, such as sand-blasting and
wetblasting fire-hardened bricks, the activities shall be prohibited.
If cleaning is to be done, the gentlest means possible shall be encouraged;
and
8.
Known significant archeological resources possibly affected
by a proposed activity shall be protected and preserved. If such resources
must be disturbed, mitigation measures shall be undertaken; and
9.
New additions and related new construction shall not be discouraged
when such improvements do not destroy historic material and such design
is compatible with the size, massing, scale, color, materials and
character of the property, neighborhood and district, if applicable.
D.
Design criteria to implement review standards. When the commission
is considering an application for a certificate of appropriateness,
it shall consider the following architectural design criteria, or
elements of design as they relate to the standards for review prescribed
in Section 14.01.040C.
1.
Height. The height of any proposed addition, construction or
reconstruction should be compatible with the designated property and
the surrounding structures, if located within a designated historic
district; and
2.
Proportions. The proportions (width versus height relationship)
between doors and windows should be compatible, if not replicated,
with the architectural design and character of the designated property;
and
3.
Scale. A proposed alteration, construction, reconstruction or
addition should not negatively impact the scale of the designated
property or district; and
4.
Materials. Historic or original architectural features, or replacement
elements which in all ways replicated the original, should be repaired
whenever possible; and
5.
Relationship of building masses and spaces. The relationship
of a structure within a designated historic district to the rear,
side and front yards between it and surrounding structures should
be compatible; and
6.
Roof shape. The roof design and shape should remain consistent
with its original configuration and character; and
7.
Site improvements. Landscaping and other site improvements,
including off-street parking, should have as minimal of an impact
as possible to the designated property's original plan/layout
and its visual character.
E.
Determination by the commission. The commission shall review
a completed application for a certificate of appropriateness within
60 calendar days to determine if the proposed activity will change
any exterior architectural features of the designated property. The
commission shall accept, review and request additional evidence and
testimony from the applicant during the public hearing. The commission
shall work closely with the applicant and recognize the importance
of finding an appropriate way to meet the current needs of the applicant.
In addition, the commission shall recognize the importance of approving
plans that will be reasonable for the applicant to carry out. The
applicant may modify his/her plans as a result of the discussions
with the commission and resubmit them for approval. If the commission
finds, by a simple majority, that the proposed activity conforms to
the standards for review, as defined herein, then a certificate of
appropriateness shall be issued approving said activity. If the commission
fails to decide on an application within the specified time period,
the application shall be deemed approved. If the commission denies
the certificate of appropriateness, the applicant shall have the right
of appeal to the City Council pursuant to Section 14.01.040I.
F.
Notification of determination. The commission secretary shall
notify the owner(s) of record within 15 business days of the commission's
action. If the commission denies the certificate of appropriateness,
the notification letter shall contain the reasons for denial and inform
the applicant of his/her right to appeal.
The commission secretary shall also notify the office of construction
code enforcement within three business days of the commission's
action. If the commission issues the certificate of appropriateness,
the commission secretary shall inform the chief building official
of said approval and that the proposed work satisfies the intent of
this chapter. However, if the commission denies the certificate of
appropriateness, the commission secretary shall ask that the building
or sign permit not be issued for said work unless an appeal to the
City Council results in a reversal of the commission's denial.
G.
Appeal of commission determination. The owner(s) of record may
appeal the commission's decision to the City Council by filing
a written appeal with the City Clerk's office within 30 calendar
days of the postmark date of the notification of determination.
If no written appeals are submitted with the City Clerk's
office within 30 calendar days, the commission's determination
shall be the final action by the City.
H.
Appeal fee. A fee of $75 shall be paid by the petitioner at
the time of filing a written appeal to said determination with the
City Clerk.
I.
Appeal criteria. The City Council, after hearing all of the
evidence, shall review the commission's decision and base its
ruling on the following criteria:
J.
Appeal — Public meeting. The City Council shall, by simple
majority of the members present, approve or disapprove the issuance
of the certificate of appropriateness based upon the appeal criteria
described in Section 14.01.040I.
[Ord. No. 2019-02 § 4]
The demolition of a designated local landmark or a property
within a designated historic district shall be prohibited unless,
upon application for and approval of, the commission issues a certificate
of economic hardship allowing said demolition. The owner(s) of record
or the City may apply for a demolition permit for designated properties.
A.
Demolition application process. Demolition applications shall
be made to the office of construction code enforcement. The office
of construction code enforcement shall forward all demolition permit
requests for local landmarks and properties within designated historic
districts to the commission secretary within two business days of
their receipt. No demolition permits shall be issued for local landmarks
or properties within designated historic districts prior to the commission,
or the City Council upon appeal, issuing a certificate of economic
hardship, excluding the circumstances described in Section 14.01.090
of this chapter.
B.
Criteria for demolition request. The commission shall request
and receive from the applicant all information it deems necessary
to adequately consider the demolition of a designated property. This
may include, but is not limited to, the following:
1.
A report from a licensed engineer or architect with experience
in rehabilitation as to the structural soundness of the building(s)
on the property, their suitability for rehabilitation, and possible
new uses for the property; and
2.
The assessed value of the land and improvements thereon according
to the two most recent assessments; and
3.
The real estate taxes paid during the previous two years; and
4.
All appraisals obtained by the owner or applicant in connection
with his purchase, financing or ownership of the property; and
5.
Any listing of the property for sale or rent, price asked and
offers received, if any; and
6.
All building, fire and housing code violations which have been
listed on the property for the past two years; and
7.
Any federal, state or local citation(s) which have determined
the building to be a nuisance under applicable law; and
8.
Estimated market value of the property after completion of the
proposed demolition and after renovation of the existing property
for reuse; and
9.
If the property is income-producing;
a.
Annual gross income from the property for the previous two years;
and
b.
Itemized operating and maintenance expenses for the previous
two years; and
c.
Annual cash flow, if any, for the previous two years; and
d.
Proof that efforts have been made by the owner to obtain a reasonable
return on his investment.
C.
Notification of proposed demolition. The commission agenda shall
be posted on the first floor City hall bulletin board used for such
purposes no less than one business day prior to the scheduled time
of the meeting and shall serve as notice to the general public of
the pending meeting.
D.
Commission review process. The commission shall review all the
evidence and information submitted by the applicant and receive testimony
from other interested parties. If the commission finds that the building
substantially violates the City building, fire and/or housing codes
or the property owner cannot obtain a reasonable economic return therefrom,
then the commission shall issue the demolition permit. The commission
shall act on each application within 60 days after the receipt of
a complete application.
E.
Notification of determination. The commission secretary shall
notify the owner(s) of record by regular mail within 15 business days
of the commission's decision. The office of construction code
enforcement shall be notified within two business days of the commission's
action. If the certificate of economic hardship is issued, the commission
secretary shall inform the chief building official of said approval.
If the certificate of economic hardship is denied, the chief building
official shall be instructed to withhold the demolition permit pending
possible appeal of the commission's determination.
Notified parties will be informed of their right to appeal the
commission's decision.
[Ord. No. 2019-02 § 4]
A.
Application to appeal. The owner may appeal the commission's
determination regarding a proposed demolition of a local landmark.
A written appeal must be submitted to the City Clerk's office
within 30 calendar days of the commission's decision.
B.
Appeal fee. A fee of $75 shall be paid by the petitioner to
the City Clerk at the time of filing a written appeal.
C.
Notification of appeal. The City Clerk shall notify the commission
secretary within three business days of the filing of a written appeal.
The commission secretary shall inform the office of construction code
enforcement of the pending appeal and instruct the chief building
official to withhold the demolition permit until the City Council
has ruled on same. The commission secretary shall also inform the
owner(s) of record of the subject property of the date, time and location
of the City Council meeting scheduled to hear the appeal. The City
Council agenda shall serve as notice to the general public of the
appeal and shall be posted on the first floor City hall bulletin board
used for such purposes no less than one calendar day prior to the
scheduled time of the meeting.
D.
Review process. The City Council, within 30 calendar days of
the filing of a written appeal or at a later time at the request of
the petitioner, shall either accept or reject the commission's
determination. In considering the commission's determination,
the City Council may receive and review all relevant information,
testimony and/or evidence submitted for its consideration, including
that reviewed by the commission, and any additional material.
E.
Notification of decision. The owner(s) of record shall be notified
by regular mail of the City Council's decision within 15 business
days. The office of construction code enforcement shall be notified
within two business days of the City Council's decision. The
publishing of the City Council meeting minutes shall serve as notice
to the general public. The City Council's decision shall be the
final City action.
[Ord. No. 2019-02 § 4]
A designated property may be altered, relocated, demolished
or secured and maintained under the following circumstances and shall
not be subject to any of the terms of this chapter.
A.
Certificate of public hazard. If emergency circumstances affect
a designated property which requires immediate relief, including demolition,
the fire marshal and chief building official shall certify that such
conditions exist and said conditions shall be eliminated as quickly
as is practicable. Emergencies are defined as life or health-threatening
conditions requiring immediate attention. A certificate of public
hazard may be issued after the fact documenting the reasons for loss
of the designated property. This section shall apply only in cases
where it is impractical for the commission to consider a certificate
of economic hardship prior to demolition.
B.
Conflict with other regulations. The clauses and sections in
other City Council-adopted codes and regulations which address life-safety,
fire safety and legal nuisances, shall be excluded from the standards
and provisions herein. In the event the City's legal, fire, housing
or building officials determine that a structure or portion thereof
is a life-safety hazard, a fire safety hazard or a nuisance, the fire,
housing and building codes shall supersede this chapter.
C.
Ordinary repair and maintenance. This chapter is not meant to
prevent ordinary repair and maintenance activities of private property
not requiring a building or sign permit.
[Ord. No. 2019-02 § 4]
A.
If the owner(s) of record or agent applies for a demolition
permit to a building or structure listed on the National Register
of Historic Places, which to date has not been designated as a local
landmark, the office of construction code enforcement shall not issue
the permit but instead shall direct the applicant to the commission
secretary. Once the office of construction code enforcement refers
the matter to the commission secretary, all demolition activity shall
stop, if started, until after the commission or the City Council acts
on the matter. The commission secretary shall place the demolition
request on the agenda for the commission's next meeting.
B.
In making its determination on whether to recommend continuance
of the demolition stoppage and consideration by the City Council for
designation as a local landmark, the commission shall consider the
criteria as stated in Section 14.01.070B of this chapter. The commission,
by a three-fourths vote of its members present may request the City
Council to review a proposed demolition permit for a structure listed
on the National Register of Historic Places which has not, to date,
been designated as a local landmark. In the event the commission votes
to delay demolition, the commission shall have staff prepare an individual
property nomination for designation as a local landmark as outlined
in Section 14.01.040. Said nomination shall be considered by the commission
in a timely manner.
In the event the commission vote to nominate the property as
a local landmark fails, the demolition permit may be issued and the
matter does not proceed to the City Council.
In the event the commission votes first to delay demolition
and then to nominate the property for designation as a local landmark,
the commission shall submit written documentation to the City Council
that the building is presently on the National Register of Historic
Places, that the criteria for designation as a local landmark as listed
in Section 14.01.040 have been met and that the provisions of Section
14.01.090 of the chapter are not applicable, as well as forward any
application material submitted by the petitioner or prepared by staff
relevant to either the demolition request or the landmark nomination.
C.
The City Council shall give appropriate notice that a public
hearing will be held on the demolition application and nomination
for landmark designation.
At the public hearing, the City Council shall hear all written
and oral statements of the interested parties. The City Council shall
base its decision on all relevant evidence presented at the public
hearing, including whether Section 14.01.090 of the chapter is applicable.
The City Council shall determine by a majority of the entire
Council either to allow the structure to be demolished or to approve
the structure for local landmark status. If the local landmark status
is approved the owner shall not be issued a demolition permit by the
City.
Every effort shall be made by all parties to complete the designation
process in the most timely fashion. The City Council shall act either
allowing the structure to be demolished or designating it a local
landmark within 120 days from the date of the commission's first
public hearing.
[Ord. No. 2019-02 § 4]
A.
In the event work is being performed without the required certificate
of appropriateness or the certificate of economic hardship, the commission
or the commission secretary shall ask that a stop work order be issued.
In the event work is being performed which is not in accordance with
its certificate of appropriateness, the commission shall also ask
that a stop work order be issued. In addition to other penalties and
remedies, the City shall issue a stop work order, and all work shall
cease on the designated property. No additional work shall be undertaken
as long as such stop work order is in effect.
B.
In the event work has been completed without the required certificate
of appropriateness or certificate of economic hardship, the owner,
the tenant, if a participating party to said work, and the person(s)
performing such work shall be guilty of a misdemeanor or municipal
infraction. Every day each such violation shall continue to exist
shall constitute a separate violation.
C.
Enforcement. The City's director of community and economic
development department, or his/her designee, shall be responsible
for the enforcement of the provisions of this chapter.
