HomeMy WebLinkAboutOrdinance No. 4445 J01 - Second Reading: Ordinance repealing and replacing Chapter 4-7 relating to Heritage Preservation.
ORDINANCE NO___________
AN ORDINANCE REPEALING IN WHOLE AND REPLACING
WITH A NEW CHAPTER 4-7 OF TITLE 4 OF THE ROCHESTER
CODE OF ORDINANCES RELATING TO HERITAGE
PRESERVATION.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER ORDAINS:
Section 1. Chapter 4-7 of Title 4 of the Rochester Code of Ordinances is hereby
repealed and replaced to read as follows:
Sec. 4-7-1. - Statement of legislative intent.
(a) The common council of the city hereby declares as a matter of public policy that the
preservation, protection, perpetuation, promotion and use of buildings, structures, sites, and
objects having a special historical, community, or aesthetic interest or value is a public interest
and is a worthy pursuit in the interest of our community's general welfare. To this end, the
heritage preservation commission is charged with responsibility for facilitating the preservation
of the city's heritage. The purposes of this chapter are to:
(1) Safeguard the heritage of the city by encouraging the preserving of properties that reflect
elements of the city's cultural, social, economic, political, visual, or architectural history;
(2) Enhance the city's appeal and attraction to residents, visitors, and tourists while
promoting its economic viability through the protection and promotion of its unique
character as related to its history and heritage;
(3) Enhance the visual and aesthetic character, diversity, and interest in the city through
attention to historic properties;
(4) Foster civic pride in the beauty and notable accomplishments of the past;
(5) Promote the preservation and continued use of historic properties for the education and
general welfare of the people of the city;
(6) Promote the environmental benefits of adapting and reusing buildings; and
(7) Provide educational opportunities for heritage preservation, act in an advisory capacity
to its citizens, and reflect the history of the many groups that make up the city's rich
heritage.
(b) By the adoption of this chapter, the city intends to draw a reasonable balance between private
property interests and the public interest in preserving the city's cultural, social, economic,
religious, political, architectural and aesthetic history.
(c) This Ordinance is adopted under the provisions of Minnesota State Statute and the National
Preservation Act.
Sec. 4-7-2. - Heritage Preservation Commission Established.
(a) There is hereby established a city heritage preservation commission to carry out the rights,
responsibilities, and privileges provided in this chapter. All members shall be nominated by
the mayor and appointed by the council. The Commission shall include, Individuals with
demonstrated interest and expertise in a variety of avocations, vocations and/or fields that
may be engaged in historic preservation efforts and issues, including, without limitation,
archeology, history, architecture, architectural history, construction, law, real estate, and
economic development.
(b) The Commission shall consist of 9 voting members, who must reside within the city. If
available, a member of the county historical society (History Center of Olmsted County) shall
be appointed as a non-voting member. This individual will be included in discussion and
deliberation of ongoing business and be present for the purpose of building collaboration
between the two organizations.
(c) Commission members shall serve staggered three-year terms.
(1) All appointments will be made for three-year terms and serve a maximum of 2 full terms.
If filling a vacancy, that commissioner shall be eligible to fill an additional two full terms.
All members shall serve until their successors have been appointed and qualified.
(2) When a vacancy occurs, the mayor shall nominate a successor for approval by the
council to fill the unexpired term of the office. If a vacancy occurs in a term with less than
45 days remaining, the mayor may allow the term to expire without nominating a
successor.
(d) Members will not receive a salary for their services, but may be compensated for any
approved expenses incurred in the performance of their duties in accordance with guidelines
established by the council.
(e) The Commission shall meet at least four times a year.
(f) The Commission shall elect from its members such officers as it may deem necessary. The
Commission shall have the power to designate and appoint from its members various
committees.
(g) The Commission shall follow adopted City policy for the conduct of its affairs and for the
purpose of carrying out the intent of this chapter.
Sec. 4-7-3. - Commission duties.
(a) Provide recommendations and consultation to the city for adoption, amendment and
administration of the heritage preservation program.
(b) Prepare and maintain a comprehensive inventory of all property within the city by identifying
and evaluating properties for historic significance and possible designation.
(c) Ensure that there is an updated list of all buildings, structures, sites, or landmark districts
which have been designated.
(d) Recommend the allocation of such subsidies, tax abatement, grants, revolving loan funds,
and other funds that may be provided by the city pursuant to the heritage preservation
program.
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(e) Review proposed development and alterations for submitted permits and requests for
Certificates of Appropriateness, involving designated properties.
Sec. 4-7-4. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Alter or alteration means a change to the exterior of an existing building, structure, or
feature that materially modifies its appearance or construction.
Building means any structure having a roof supported by columns or walls intended for the
shelter or enclosure of persons or property.
Certificate of Appropriateness means a document evidencing approval by the HPC of a
proposed alteration to a designated property or one contributing to a designated historic district.
Contributing property means a building, site, structure, or object that adds to the historic
architectural qualities or archaeological values for which a property or landmark district is
considered significant.
Demolition means any act or process that destroys in part or in whole a historic property.
This includes the removal of any material constituting part of a structure that affects the exterior
appearance of the structure, other than for purposes of ordinary maintenance or repair, as well
as inadequate maintenance or any other action that reduces the stability or longevity of a
structure or impairs its historic or architectural integrity.
Demolition by neglect means the deliberate neglect of a historic structure that contributes
to a level of dilapidation so severe that rehabilitation of the structure no longer serves as a viable
option and demolition must be considered on account of the public health, safety and welfare.
Demolition permit means a building permit that authorizes the demolition or removal of an
existing building or structure from a site. This permit is issued in accordance with the
requirements of City and State regulations.
Design Guidelines a locally specific document providing additional information for the
review of proposed alteration or additions to designated landmarks or landmark Districts.
Designation means the formal process per Sections 4-7-7 and 4-7-10 of this chapter to
recognize a property as historically significant and eligible for benefits and subject to the terms
of this chapter.
Emergency repair means work necessary to prevent destruction or dilapidation to real
property or structural appurtenances thereto immediately threatened or damaged by fire, flood,
tornado or other disaster.
Heritage Preservation Program means a plan established by the city that contemplates a
vision for the city’s historic preservation program, setting near-term and long-term priorities for
the program, and identifies proactive and innovative strategies for achieving the identified goals
and objectives.
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Integrity, Historic means the ability of a property to convey its significance relative to the
aspects of location, setting, design, materials, workmanship and association.
Inventory, A list of properties identified by the Heritage Preservation Commission which
may be evaluated for historic significance and designation at a future time and which shall
provide an interim protection if demolition permit is submitted.
Landmark means a district, site, building, structure object or other property of historic
significance designated locally pursuant to section 4-7-10.
Landscape, Cultural is a geographic area including both cultural and natural resources and
the wildlife or domestic animals therein, associated with a historic event, activity, or person(‘s)
or exhibiting other cultural or aesthetic values.
Noncontributing property means a building, site, structure, or object within a designated
district that does not contribute to the historic significance for which a landmark district is
considered significant due to alterations or because it was not present during the period of
significance.
Object, Landmark means a construction other than a building or structure that is small in
scale and simply constructed or primarily artistic in nature. It may be by nature or design
movable, but it is associated with a specific setting and environment.
Potential landmark property means a historic resource designated locally pursuant to
section 4-7-7.
Preservation means active maintenance and repair of existing historic materials and
retention of a property's form as it has evolved over time.
Rehabilitation, means altering a property to meet continuing or changing uses while
retaining the property's historic character-defining features.
Reconstruction, means the act or process of depicting, by means of new construction,
the form, features, and detailing of a non-surviving site, landscape, building, structure, or object
for the purpose of replicating its appearance at a specific period of time.
Relocation means moving a building, structure or object from its original historically
significant or existing location to another location.
Repair means the limited replacement in kind, or with compatible substitute material, of
extensively deteriorated or missing parts of features.
Resource, Historic means properties including objects, buildings, structures, sites,
landscapes, and districts
Restoration means alteration of the property to depict a property at a particular period of
time in its history, while removing evidence of other periods.
Significance, Historic means the documented importance of a property or feature for its
contribution to or representation of broad patterns of national, regional, or local history,
architecture, engineering, archaeology and culture.
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Site, historic means the location of a significant event, a prehistoric or historic occupation
or activity or a building or structure, whether standing, ruined or vanished, where the location
itself possesses historic, cultural or archaeological value regardless of the value of any existing
structure.
Secretary of the Interior's Standards (for Treatment of Historic Properties) is a series of
concepts published by the National Park Service about maintaining, repairing, and replacing
historic materials, as well as designing new additions or making alterations to historic properties
and includes approaches for Preservation, Rehabilitation, Restoration and Reconstruction.
Structure means a combination of materials to form construction for use, occupancy, or
ornamentation, whether installed on, above, or below the surface of land or water.
Sec. 4-7-5. - Identification of historic properties.
(a) The Commission shall conduct, cause to be conducted, or accept submittals of such
preliminary surveys, studies or investigations as deemed necessary or advisable to
adequately inform the Commission and the council of significant historic properties located
within the city.
(b) Historic data shall be used to develop and understand historic contexts of the City, guide staff,
the Commission, and the council in determining the historic significance of districts and
properties in the city. Historic data including surveys, context studies, inventories of identified
properties and other known publications, articles, books, pamphlets, policies, or other
materials having a direct bearing on the heritage preservation program shall be kept and made
available to the public.
(c) The property owner, the Commission, the Mayor, the City Council, or any member of the
general public may identify and make known to the Commission, historic properties, of which
the Commission shall do one of the following:
(1) Take no action of the submitted information.
(2) Place on inventory, which shall provide interim protection from possible future demolition.
(3) Begin process of evaluation (per Sections 4-7-6) for possible future designation.
(d) The Commission may place a property on the inventory for future interim protection from
demolition. If a demolition permit is submitted for a property on the inventory, the Commission
shall evaluate the property for possible landmark designation. The City shall have up to 60
days to make a decision regarding landmark designation of the property following the
requirements of Sec. 4-7-10. The protection period may be extended an additional 60 days
upon written notice to the owner. The written notice shall indicate the reason for the extension.
A longer extension may occur if mutually acceptable to both the City Council and the property
owner.
Sec. 4-7-6. –Evaluation of Properties
(a) The Commission shall evaluate identified historic properties based on the following criteria, to
determine historic significance and historic integrity.
(b) Historic properties being considered for landmark designation will be found to have at least
one of the following criteria:
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(1) Its character, interest, or value as part of the development, heritage, or cultural
characteristics of the city, state or United States;
(2) Its location as a place of a significant historic event;
(3) Its location within and contribution as an element of a landmark district or possible future
district;
(4) Its identification with a person who significantly contributed to the culture and
development of the city;
(5) Its embodiment of distinguishing characteristics of an architectural style, period, form, or
treatment;
(6) Its identification as the work of an architect or master builder whose individual efforts
have influenced the development of the city or have contributed to the development of a
nationally- or internationally-recognized style or movement;
(7) Its embodiment of elements of architectural design, detail, material, or craftsmanship that
represent a significant architectural innovation; and
(8) Its location, scale, or other physical characteristics representing an established and
familiar visual feature or a neighborhood, a district, the community, or the city.
(c) For a landmark district designation, in addition to one or more of the above criteria 1-8 of this
section, the majority of the contributing properties in the proposed landmark district must also
be located in a geographically-definable area which possess a concentration of identified
historically significant resources. These must be united or linked by their interrelationship, by
plan or physical development, aesthetically or through past events.
(d) In addition to the criteria above, consideration shall be given to the historic Integrity of
properties, based on their: Location, Design, Setting, Materials, Workmanship, Feeling, &
Association.
Sec. 4-7-7. - Designation of Potential Landmarks
(a) A list of historic properties compiled by the HPC, that have not yet been found to meet the
criteria for landmark designation but have historic or potentially historic significance within the
city and which may be considered eligible for landmark designation at a future date, shall be
considered as potential landmarks.
(b) To be eligible for designation as a potential landmark, the individual building, site, structure or
object, or a collection thereof, must have a demonstrated quality of significance as determined
by the criteria provided in section 4-7-6. The Commission shall determine if the property
should be designated as a potential landmark property based on the designation criteria.
(c) The Commission may designate a building, contributing building, site, structure, or object as
a potential landmark property based on the following:
(1) Boundary map;
(2) Description including narrative text photographs or other graphic materials that
document its history and physical characteristics; and,
(3) Written description of how the resource meets the criteria for designation.
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Sec. 4-7-8. - Potential Landmark Protection
(a) The purpose of the potential landmark designation is to protect the historic resource from
alteration or demolition while the city makes a determination if the property should be
designated as a landmark property or as part of a landmark district.
(b) If a building permit, land use application, or a demolition application is submitted for a potential
landmark property, or if an owner applies for a certificate of appropriateness, the following
shall occur:
(1) The City shall inform the property owner of the potential landmark status and
communicate benefits and requirements of the heritage preservation program.
(2) If, during a pending permit, the property owner objects to the potential landmark
designation in writing, the city shall have up to 60 days to make a decision regarding
landmark designation of the property following the requirements of Sec. 4-7-10. The
potential landmark property protection period may be extended an additional 60 days
when a notice is provide to the owner in writing, indicating reason for extension. A longer
extension may occur if mutually acceptable to both the City and the property owner.
(3) Nothing herein shall prevent the city from reviewing any certificate of appropriateness,
land use application, demolition or building permit affecting the subject property during
the potential landmark property protection period. Approval of such application shall
only be made after review of the proposal has occurred by HPC per Sec. 4-7-12 and a
decision is made to allow the land use application or demolition application to continue.
Sec. 4-7-9. - Removal of potential landmark designation.
The owner of a potential landmark may apply to the Commission for removal of the potential
landmark property designation by providing evidence that the property does not meet criteria for
designation as a landmark property. After conducting a public hearing, if the Commission
determines that the designation should be removed from the potential landmark property, the
assigned staff shall issue the owner a certificate documenting the removal of the potential
landmark property designation. The subject property shall not be eligible for historic designation
in the city for a period of two years from the date of issuance of this certificate. The certificate
shall run with the land and may be recorded in the county.
Sec. 4-7-10 – Landmark Designation.
(a) The property owner, the Commission, the Mayor or the City Council, may initiate landmark
designation.
(1) Property owners, to initiate landmark, shall submit an application including completed
application form, any fee established by the City Council and a professionally complete
designation study based on objective evidence and research. Assigned city personnel
is authorized to reject any application deemed incomplete including for lack of adequate
information and documented sources. If deemed incomplete by city personnel, the
owner may submit identified information regarding property to the HPC per Section 4-7-
5 (c)
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(2) Prior to landmark designation, the proposal shall be submitted to the State Historic
Preservation Office for a 60-day review period. The state historic preservation office's
nonbinding comments shall be sent to the Commission for its review.
(b) The Commission shall consider recommending to the City Council, the designation of a
building, site, structure, or object, or any collection thereof, as a landmark property or
landmark district when the Commission determines, after testimony received at a public
hearing, it meets 1 or more criteria found in Sec 4-7-6 of this Chapter.
(c) Interim protection shall be provided to any property under consideration of landmark
designation as follows:
(1) Interim protection is established to protect a nominated property from destruction or
inappropriate alteration during the designation process.
(2) Interim protection shall be in effect from the date of the Commission's decision to
recommend landmark designation to the City Council or the decision to commence a
designation study of a nominated property and shall last until the City Council makes a
decision regarding the designation of the property, or for 1 year, whichever comes first.
Interim protection may be extended for such additional periods as the Commission may
deem appropriate and necessary to protect the designation process, not exceeding a
total period of eighteen (18) months. The Commission shall hold a public hearing on a
proposed extension of interim protection as provided in Section 4-7-14.
(3) During the interim protection period, no alterations of a nominated property shall be
allowed except those authorized by the HPC. Review and authorization shall follow
procedures of Sec. 4-7-12.
(d) Landmark designation shall occur by ordinance adopted by the council, after which, the
property or district is subject to the terms of this chapter. A landmark property or landmark
district shall be eligible for certain preservation benefits and may be awarded preservation
incentives pursuant to the heritage preservation program in Sec. 4-7-15.
(e) Properties designated as landmarks shall be added to the official list and shown on a map as
landmark properties or districts. This designation shall not change or modify the underlying
zone classification.
(f) The City Clerk shall record with real estate records of the county a certified copy of the
ordinance designating the property including its legal description.
Sec. 4-7-11. - Removal of landmark property or landmark district designation.
(a) An application for the removal of a landmark property or landmark district from designation
shall follow the same submission requirements for designation described in this chapter,
except that the application shall include an explanation describing why the property no longer
meets the criteria for designation as a landmark property or landmark district. After a public
hearing on the matter, the Commission shall determine if sufficient evidence exists showing
the property no longer meets the criteria for designation. If so, the Commission shall
recommend removal to the council. Approval by City Council shall occur by ordinance to
repeal the ordinance which designated the property.
(b) If a request for rescinding designation is denied, an application cannot be filed again for a
period of two years from the date of the denial by the council.
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Sec. 4-7-12. – Alterations and development involving landmark property and districts
(a) Except as provided in subsection (b) which follows, no permit shall be issued to erect,
construct, enlarge, alter, relocate or improve a landmark property or a contributing property
within a landmark district, until review is conducted and approval given per the Secretary of
Interior Standards and locally adopted Design Guidelines.
(b) Exempt activities.
(1) Interior remodeling and modifications.
(2) Exterior repainting (color selection), or re-plastering similar to the existing finish
(3) Routine repair or maintenance such as caulking, replacement of fasteners, repair of
window glazing or other such minimally intrusive work.
(4) Upgrading of mechanical, electrical, and plumbing systems and other code-required
work to make properties functional, when it has no visual impact to the property as seen
from off site of the property
(5) If there is any question whether an activity qualifies as exempt, the Commission shall
make the determination as to its status.
(6) In an emergency situation where immediate repair is needed to protect the safety of a
building or structure and its inhabitants, the city administrator and city building official
may approve the alteration without prior Commission action
(c) An application for certificate of appropriateness shall be filed with the City and shall provide
sufficient information including:
(1) Completed forms and fees as established by the City.
(2) Maps, site plans and/or photos showing existing resource(‘s) and locations of the
proposed alterations, additions or demolition.
(3) Description of the proposed work including proposed product information, extent and
timing for work proposed.
(4) Sketches, architectural renderings, plans, sections, elevations or similar illustrations with
existing and proposed dimensions, showing the property appearance after proposed
alterations.
(d) Review and consideration of proposed activity shall be based on the Secretary of Interior’s
Standards and locally adopted Design Guidelines.
(e) HPC reviews shall occur at a public meeting which allows for public comment.
Sec. 4-7-13. - Demolition of landmark property.
(a) Application to the City for a demolition permit of a landmark property or of a contributing
historic resource within a landmark district, shall not be issued until demolition is approved
by the City Council. After a public hearing on the matter, the HPC shall determine if sufficient
evidence exists meeting one of the three criteria from 4-7-13 (b), which follows. If so, the
Commission shall recommend removal of landmark designation to the council. Approval of
demolition by City Council occur by ordinance to repeal the ordinance which designated the
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property. An application for demolition shall include information sufficient to review criteria
including:
(1) Photographic evidence and written documentation that the building is an imminent
hazard.
(2) Narrative text, graphic illustrations and/or other exhibits that provide evidence that the
property has no historic significance per the criteria established in section 4-7-6.
(3) Evidence of economic hardship as determined per Sec. 4-7-13 (b)(3) (below)
(b) Criteria. The demolition shall be approved if any one of the following three criteria are met.
(1) The property has been determined by the city to be structurally unsound or is an
imminent hazard to public safety and no one is able to make the needed repairs in a
timely manner. The structural instability or deterioration of a property demonstrated
through a report by a structural engineer or architect shall be submitted by applicant.
Such a report must clearly detail the property’s physical condition, reasons why
rehabilitation is not feasible, and cost estimates for rehabilitation versus demolition.
(2) The property lacks historic significance as architectural, archaeological, engineering or
cultural significance per the criteria of Sec. 4-7-6. All three of the following findings shall
be made by the HPC and provided to City Council for their determination:
a. The structure proposed for demolition does not contribute to the significance of
the property or landmark district in which it is located;
b. The loss of the building, structure or object would not adversely affect the integrity
of the landmark property or landmark district or its historic, architectural or
aesthetic relationship to adjacent designated properties; and
c. Demolition of the structure will be inconsequential to the historic preservation
needs of the City, district or neighborhood.
(3) Unreasonable economic hardship, which shall be determined based on the following
information:
a. Current level of economic return.
b. Amount paid for the property, date of purchase, party from whom purchased, and
relationship between the owner of record, the applicant, and person from whom
the property was purchased.
c. Annual gross and net income from the property and for the previous three years,
itemized operating and maintenance expenses for the previous three years, and
depreciation deduction and annual cash flow before and after debt service, if any,
during the same period.
d. Remaining balance on the mortgage or other financing secured by the property
and annual debt services, if any, during the prior three years.
e. Real estate taxes for the previous four years and assessed value of the property
according to the two most recent assessed valuations.
f. All appraisals obtained within the last two years by the owner or applicant in
connection with the purchase, financing, or ownership of the property.
g. Form of ownership or operation of the property, whether sole proprietorship, for-
profit or not-for-profit corporation, limited partnership, joint venture, or other.
h. Any state or federal income tax returns relating to the property for the last two
years.
i. Any listing of the property for sale or rent, price asked, and offers received, if any,
within the previous two years, including testimony and relevant documents
regarding:
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i. Any real estate broker or firm engaged to sell or lease the property;
ii. Reasonableness of price or rent sought by the applicant; or
iii. Any advertisements placed for the sale or rental of the property.
j. Feasibility of alternative uses for the property that could earn a reasonable
economic return.
k. Report from an architect or structural engineer who meets professional
qualifications established by the standards as to the structural soundness of any
building on the property and its suitability for rehabilitation.
l. Cost estimates for the proposed construction, alteration, demolition, or removal,
and an estimate of any additional costs that would be incurred to comply with the
requirements for rehabilitation.
m. Estimated market value of the property:
i. In its current condition;
ii. After completion of the proposed alteration or demolition; and
iii. After renovation of the existing property for continued use.
n. Expert testimony or opinion on the feasibility of rehabilitation or reuse of the
existing structure by an architect who meets professional qualifications
established by the standards.
o. Data provided by the property owner showing economic hardship.
p. A property owner should conduct routine maintenance and major repairs on a
designated property in order to ensure their preservation. A determination of
economic hardship will not be issued to a property owner who has engaged in
demolition by neglect.
Sec. 4-7-14. - Notice and public hearings.
(a) For any action in this chapter requiring a public hearing, applications shall be reviewed by
City personnel to determine if they are complete. For a complete application, a public hearing
notice will be posted and a report will be prepared by personnel for transmittal to the
Commission with the relevant information on the proposal. A recommendation to approve,
approve with conditions or deny the request, and the reasons for the recommendation will be
included.
(b) A date for a public hearing on a complete application will be scheduled before the
Commission. Notice of the hearing shall be provided to the applicant and the property owner
and published, not less than 10 days before the hearing in a newspaper of general circulation.
For districts, notice of the hearing shall be mailed to all owners of record of property located
in whole or in part of the district and those within 350 feet of the boundaries of the district not
less than 10 days before the hearing.
(c) The Commission shall evaluate the proposal and staff recommendation to determine
approval or denial or recommendation to City Council. At the public hearing, the property
owner, parties of interest and citizens shall have an opportunity to provide information about
the property or district's eligibility for designation. The Commission may approve, disapprove,
or continue the application, within statutory time limits, to request additional information
necessary to make a decision to approve or deny.
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Sec. 4-7-15. - Incentives for preservation, rehabilitation, restoration or reconstruction of
landmarks.
(a) Designated properties are eligible for and have priority to participate in city incentive
programs related to financial, developmental or technical assistance that will serve to
preserve, maintain, rehabilitate, re-use or enhance their historic and architectural character.
(b) Through grants or other sources of funding, the city may provide a historic marker of a
standard design for any owner of a landmark property or property within a landmark district
who desires a marker to install on their building. The city may also develop a marker or
signage program to recognize designated landmark districts.
(c) The city may authorize funding sources to create a financial incentive program for purposes
of encouraging owners of a designated property or contributing property within a landmark
district to preserve their property for purposes of historic preservation. The Commission will
advise the council on organization and administration for any such local finance program.
(d) The assigned city personnel will provide guidance and assistance in applications for state
and federal historic tax credit programs.
Sec. 4-7-16. - Appeals.
All decisions by the Commission are appealable to the City Council. Applicants may appeal
decisions of their own application. Property owners may appeal any decisions regarding their
property, regardless of whether they made an application.
Sec. 4-7-17. - Penalty.
Any person violating this chapter is guilty of a misdemeanor. In addition, the council may authorize
the city attorney to initiate any equitable proceeding against any person who constructs, alters,
relocates, changes the appearance or demolishes a potential landmark or landmark or
contributing property within a landmark district in violation of this chapter. In addition, any person
violating this chapter who receives a historic preservation benefit may have that benefit revoked.
Section 2. This ordinance shall become effective as of the date of its publication.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2021.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2021.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord20/4-7Repeal&Replace.docx
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