HomeMy WebLinkAboutOrdinance No. 4269 Second Reading - Heritage Preservation Ordinance
ORDINANCE NO. ____
AN ORDINANCE AMENDING AND REENACTING
CHAPTER 19B OF THE ROCHESTER CODE OF
ORDINANCES RELATING TO HERITAGE
PRESERVATION AND THE HERITAGE
PRESERVATION COMMISSION.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:
Section 1. Chapter 19B of the Rochester Code of Ordinances is hereby amended and
reenacted to read as follows:
CHAPTER 19B
HERITAGE PRESERVATION
19B.01. Statement of Legislative Intent. Subdivision 1. The Common
Council of the City of Rochester 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 Rochester’s heritage. The purposes of this chapter are to:
A. 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;
B. 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;
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C. Enhance the visual and aesthetic character, diversity, and interest
in the City through attention to historic properties;
D. Foster civic pride in the beauty and notable accomplishments of the
past;
E. Promote the preservation and continued use of historic properties for
the education and general welfare of the people of the City;
F. Promote the environmental benefits of adapting and reusing buildings;
and
G. 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.
Subd. 2. By the adoption of this chapter, the City intends to draw a
reasonable balance between private property rights and the public interest in
preserving the City’s cultural, social, economic, religious, political, architectural
and aesthetic history.
19B.02. Heritage Preservation Commission Established. Subdivision 1.
There is hereby established a City of Rochester Heritage Preservation Commission
to enforce and carry out the rights, responsibilities, and privileges provided in this
chapter.
Subd. 2. The Commission shall consist of 11 voting members to be
nominated by the Mayor and appointed by the Council. Commission members must
be persons with demonstrated interest and expertise in historic preservation and
must reside within the City. The Commission shall include, if available, a
member of the Olmsted County Historical Society. Demonstrated interest and
expertise may include experience and interest in a variety of vocations and fields
that may be engaged in historic preservation efforts and issues, including,
without limitation, architecture, construction, legal, real estate, and economic
development.
Subd. 3. Commission members shall serve staggered three-year terms.
A. Upon creation of the Commission, four members will be
appointed for a term of three years each. Four
members will be appointed for a term of two years each.
Three members will be appointed for a term of one year
each. Each initial term of office shall expire on
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st
December 31 of the year the term is scheduled to
expire. All subsequent appointments will be made for
three year terms. All members shall serve until their
successors have been appointed and qualified.
B. Within 45 days of a vacancy, the Mayor shall nominate
a successor for approval by the Common 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.
Subd. 4. 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.
Subd. 5. The Commission shall meet at least four times a year. The
Commission shall hold its first meeting within 45 days after the day this chapter
becomes effective. At the first meeting, the members shall adopt rules concerning
the following business:
A. Time, dates, and places of future meetings;
B. Election of Officers; and
C. Voting and quorum requirements.
Subd. 6. 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. The Commission shall make such
rules as it may deem advisable and necessary for the conduct of its affairs and for
the purpose of carrying out the intent of this chapter.
Subd. 7. Effective Date. Subdivisions 2 and 3 of this section become
effective for those appointments made on and after the date this ordinance takes
effect. It is the intent of this subdivision to allow members of the Commission
serving terms of office at the time this ordinance takes effect to complete their
appointed terms of office.
19B.03. Commission Duties. Subdivision 1. Following its
establishment, the Commission shall provide recommendations and consultation to
the City for adoption and administration of the Heritage Preservation Program.
Subd. 2. The Commission shall have the following additional duties:
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A. Ensure that there is an updated list of all Buildings, Structures,
Sites, or Landmark Districts which have been designated as
Designated Properties; and
B. 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.
19B.04. Definitions. Subdivision 1. For purposes of this chapter, the
following terms shall have the following meanings.
Subd. 2. The term “Alter” or “Alteration” shall mean a change to the
exterior of an existing Building, Structure, or feature that materially modifies its
original appearance or construction.
Subd. 3. The term “Assigned Staff” shall mean amember of the City’s
staff designated to serve as the staff contact person for this chapter and for the
Heritage Preservation Commission.
Subd. 4. The term “Building” shall mean any Structure having a roof
supported by columns or walls intended for the shelter or enclosure of persons or
property. When roofed structures are separated from each other by party walls
having no openings for passage, each portion so separated shall be deemed a
separate Building.
Subd. 5. The term “Certificate of Economic Hardship” shall mean an
approval issued pursuant to section 19B.13.
Subd. 6. The term “City” means the City of Rochester, Minnesota.
Subd. 7. The term “Commission” shall mean the Heritage Preservation
Commission.
Subd. 8. The term “Contributing Resource” shall mean 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.
Subd. 9. The term “Council” shall mean the City of Rochester Common
Council.
Subd. 10. The term “Demolition” shall mean any act or process that
destroys in part or in whole a historic resource. This includes the removal of any
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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.
Subd. 11. The term “Demolition By Neglect” means the long-term 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.
Subd. 12. The term “Demolition Permit” shall mean 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
Minnesota Rule 1300.0120.
Subd. 13. The term “Designated Property” shall mean aproperty listed
on the Inventory, and further categorized as either a Landmark Property,
Potential Landmark Property, or Landmark District.
Subd. 14. The term “Heritage Preservation Program” shall mean a plan
established by the City that contemplates a vision for the City's historic
preservation program, setting near- and long-term priorities for the program, and
identifies proactive and innovative strategies for achieving the identified goals
and objectives.
Subd. 15. The term “Historic Data” shall mean research papers, surveys,
and maps that describe Rochester’s architectural and cultural development
patterns in the context of local, regional, and national history.
Subd. 16. The term “Integrity” shall mean the ability of a property to
convey its significance relative to the aspects of location, setting, design,
materials, workmanship and association.
Subd. 17. The term “Inventory” shall mean a comprehensive listing of all
Landmark Districts, Landmark Properties, and Potential Landmark Properties.
Subd. 18. The term “Landmark District” shall mean a geographically-
definable area, possessing identified historically significant concentration,
linkage, or continuity of a Site, Building, Structure, or Object united by past
events or aesthetically by plan or physical development.
Subd. 19. The term “Landmark Property” shall mean a property
designated pursuant to section 19B.08.
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Subd. 20. The term “Landmark Property Demolition Permit” or “LPDP”
shall mean a permit issued pursuant to section 19B.12.
Subd. 21. The term “Land Development Manual” shall mean chapters 60
through 65, inclusive, of the Rochester Code of Ordinances.
Subd. 22. The term “Non-Contributing Resource” shall mean a Building,
Site, Structure, or Object that does not contribute to the historic architectural
qualities or archaeological values for which a Landmark District is considered
significant.
Subd. 23. The term “Object” shall mean construction other than a
Building or Structure that are primarily artistic in nature or small in scale and
simply constructed. It may be by nature or design movable, but it is associated
with a specific setting and environment.
Subd. 24. The term “Potential Landmark Property” shall mean a property
designated pursuant to section 19B.14.
Subd. 25. The term “Rehabilitation” shall mean making a Building or
Structure sound and usable without attempting to restore it to a particular period
appearance while retaining the character-defining features.
Subd. 26. The term “Relocation” shall mean moving a Building or
Structure from its original historically significant or existing location to another
location.
Subd. 27. The term “Repair” shall mean the limited replacement in kind-
-or with compatible substitute material--of extensively deteriorated or missing
parts of features when there are surviving prototypes (for example, brackets,
dentils, steps, plaster, or portions of slate or tile roofing).
Subd. 28. The term “Restore” shall mean the act or process of
accurately depicting the form, features, and character of a property as it
appeared at a particular period of time by means of the removal of features from
other periods in its history and reconstruction of missing features from the
restoration period.
Subd. 29. The term “Significance” shall mean the documented
importance of a property for its contribution to or representation of broad
patterns of national regional or local history, architecture, engineering,
archaeology and culture.
Subd. 30. The term “Site” shall mean the location of a significant event,
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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.
Subd. 31. The term “Standards” shall mean the Secretary of the Interior’s
Standards for Treatment of Historic Properties.
Subd. 32. The term “Structure” shall mean a combination of materials to
form construction for use, occupancy, or ornamentation, whether installed on,
above, or below the surface of land or water.
19B.05. Identification of Historic Properties. Subdivision 1. 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 a property and district
located within the City which are significant. The documents generated and
collected as a result of these efforts shall be recognized as the Historic Data and
be made publicly available. The Commission shall utilize the Historic Data for
determining the eligibility and designation of a district and property.
Subd. 2. Historic Data shall be used to guide staff, the Commission,
and the Council in determining the historic significance of districts and properties
in the City. Historic Data shall include the Historic Context Paper accepted by
the Commission and Council on April 6, 2015, as the same may be amended or
modified from time to time.
Subd. 3. A list of Designated Properties and an updated catalogue of
all 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.
19B.06. Miscellaneous. Subdivision 1. The limited and sensitive
upgrading of mechanical, electrical, and plumbing systems and other code-
required work to make properties functional is appropriate within a restoration
project. All such work must meet the Standards.
Subd. 3. The purpose of the Assigned Staff shall be to meet with the
Commission and to provide information at public meetings regarding proposed
land use applications, building permits and the nature of the property subject to
this chapter.
Subd. 4. 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 or enhance their
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historic and architectural character.
19B.07. Establishment of the Rochester Inventory of Designated
Property. Subdivision 1. The Inventory is a comprehensive listing of all Landmark
Districts, Landmark Properties, and Potential Landmark Properties. The Inventory
is intended to recognize a District, Building, Structure, Land, Site and Object
located in the City that has special significance to the United States, Minnesota,
or the City’s history, architecture, archaeology, engineering or culture. The
location of a property listed on the Inventory shall be designated on maps on file
with the City Clerk.
Subd. 2. Following the Council’s adoption of an ordinance designating
a property on the Inventory, the City Clerk shall record with the real estate
records of Olmsted County a certified copy of the ordinance including a legal
description of the property.
19B.08. Designation of Landmark Property or Landmark District.
Subdivision 1. The Commission shall designate a Building, Site, Structure, or
Object, or any collection thereof, as a Landmark Property or Landmark District when
the Commission determines, after receiving and considering testimony received at
a public hearing and applying the criteria found in subdivision 2, that the
property is so essential to the historic fabric of the City and has a demonstrated
quality of significance that preservation must be mandated regardless of a
property owner’s consent shall be designated as a Landmark Property or
Landmark District. The Landmark Property or Landmark District designation
shall occur by ordinance. A Landmark Property or Landmark 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. All individual
properties listed on the National Register of Historic Places receive automatic
Landmark Property designation. Designation decisions made by the
Commission may be appealed to the Council.
Subd. 2. In designating a Building, Land, Site, Structure, or Object, or
any collection thereof, as a Landmark Property or Landmark District, the Council
must consider the following criteria:
A. Its character, interest, or value as part of the development,
heritage, or cultural characteristics of the City, State or United
States;
B. Its location as a place of a significant historic event;
C. Its location within and contribution as an element of a
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Landmark District;
D. Its identification with a person who significantly contributed to
the culture and development of the City;
E. Its embodiment of distinguishing characteristics of an
architectural style period, form, or treatment;
F. 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;
G. Its embodiment of elements of architectural design, detail,
material, or craftsmanship that represent a significant
architectural innovation; and,
H. Its location, scale, or other physical characteristics
representing an established and familiar visual feature or a
neighborhood, a district, the community, or the City.
Subd. 3. For a Landmark District designation, in addition to the criteria
found in subdivision 2, the majority of the Contributing Resource in the proposed
Landmark District must also satisfy the following criteria:
A. The Landmark District is deemed significant for its antiquity;
and,
B. The Landmark District possesses an appropriate degree of
integrity of location, setting, design, materials, workmanship,
and association given its age. The Council shall adopt and
make available to the public score sheets and other devices
which shall be used by the Council in applying this criteria.
Subd. 4. The property owner, the Commission, the Council, or any
member of the general public may file an application for a Landmark Property or
Landmark District designation. An application fee may be established by
resolution adopted by the Council. The application shall include the following:
A. The applicable information required by this section;
B. Landmark Property or Landmark District boundary map;
C. Property or district description, including narrative text,
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photographs or other graphic materials that document its
physical characteristics;
D. Written description of how the property meets the criteria for
designation;
E. Written description of historic preservation benefits which the
applicant requests be awarded at the time of designation
pursuant to the Historic Preservation Program; and,
F. For a Landmark District, a list of Contributing and non-
Contributing Resource.
Subd. 5. An application for a Landmark Property or Landmark District
designation shall be submitted to the State Historic Preservation Office of the
Minnesota Historical Society for a 60-day review period. The State Historic
Preservation Office’s non-binding comments shall be sent to the Commission for its
review.
Subd. 6. If the Commission denies an application submitted by a
property owner or a member of the general public, the applicant may file an appeal
with the Council. A fee for an appeal may be established by resolution adopted by
the Council.
Subd. 7. Assigned Staff is authorized to reject any incomplete
application.
19B.09. Removal of Landmark Property or Landmark District
Designation. Subdivision 1. An application for the removal of a Landmark
Property or Landmark District from the Inventory shall follow the same
submission requirements and review procedures as 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 remove the
property from the Inventory. Removal decisions made by the Commission may be
appealed to the Council.
Subd. 2. 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. The Council may waive this time limitation.
19B.10. Standards and Benefits. The Commission shall follow the
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Standards to preserve and maintain the historic and architectural character of a
Designated Property and Landmark District. The Standards apply to the exterior
features and/or notable streetscape and landscape elements of the designated
historic property and/or district. The Standards are intended to offer assistance
to property owners undertaking construction, Rehabilitation, Alteration, changes
in exterior appearance or any other development involving a designated
Landmark Property or Landmark District.
19B.11. Development Involving Landmark Property or Landmark
District. Subdivision 1. Except as provided in subdivision 2, no Building or
Structure shall be erected, constructed, enlarged, altered, repaired, relocated or
improved involving, and no building permit issued for, a Landmark Property or
within a Landmark District until plans or sufficient information have been
submitted to the Assigned Staff and approval is granted by the Council after
receiving and considering a recommendation of the Commission.
Subd. 2. Exempt Activities.
A. Exempt activities include interior remodeling, paint color
selection, exterior repainting or replastering similar to the
existing finish or routine maintenance such as caulking,
replacement of fasteners, repair of window glazing or other
such minimally intrusive work.
B. If there is any question if a work activity qualifies as exempt,
the Commission shall make the determination as to its
status.
Subd. 3. 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 permit without prior Commission action.
19B.12. Demolition of Landmark Property Permit. Subdivision 1. It is
the intent of this chapter to preserve the historic and architectural resources that
have demonstrated significance to the community. Consequently, an application
for a Demolition Permit that would allow for the Demolition of a Landmark
Property must be accompanied by a Landmark Property Demolition Permit
issued by the Council.
Subd. 2. The procedure for considering an application for a LPDP is as
follows:
A. An application for a LPDP will be filed with the Assigned
Staff. The applicant will be provided a written response
within fourteen days of the request describing the submittal
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materials needed for consideration.
B. An application for a LPDP shall include the following:
(1) The general application information requested in section
19B.08, subd. 3 and written documentation that the
Building is an imminent hazard; or
(2) Narrative text, graphic illustrations or other exhibits
that provide evidence that the Building, Structure, or
Object is of no historic or architectural value or
importance.
C. When complete application materials are on file and a staff
report is prepared analyzing the request based on the
required criteria in subdivisions 3 and 4 of this subdivision,
the Commission shall hold a public hearing to determine its
recommendation as to whether the application should be
approved.
Subd. 3. The LPDP permit application shall be approved if it is
demonstrated that the application meets any one of the following criteria:
A. The property has been determined by the City to be an
imminent hazard to public safety and the owner/applicant is
unable to make the needed repairs in a timely manner;
B. The Structure is not structurally sound; or
C. No documentation exists to support or demonstrate that the
property has historic, architectural, archaeological,
engineering or cultural significance.
Subd. 4. In addition to the criteria found in subdivision 3, the LPDP
permit application shall be approved if it is demonstrated that the application
meets all of the following criteria:
A. The Structure does not contribute to the significance of the
parcel 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 District or its
historic, architectural or aesthetic relationship to adjacent
designated properties; and,
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C. Demolition of the Structure will be inconsequential to the
historic preservation needs of the area.
Subd. 5. The Commission shall recommend the LPDP application be
approved, disapproved, approved with conditions or continued in order to obtain
additional information necessary to consider the demolition request.
Subd. 6. If the Commission recommends the approval of the LPDP
application, then a resolution of the Commission action will be forwarded to the
Common Council for approval or denial.
Subd. 7. If the Commission recommends the denial of the LPDP, the
applicant may appeal the recommendation or may resubmit the application after
it obtains a Certificate of Economic Hardship.
19B.13. Certificate of Economic Hardship. Subdivision 1. It is the
policy of the City to respect private property rights, and to comply with state and
federal law. At the same time, it is the policy of the City to protect and preserve
those Buildings, Structures, and Sites having a special historical, community, or
aesthetic value to the community. In balancing those public and private
interests, the City recognizes that there may be some circumstances in which
the operation of this chapter could create an undue economic hardship. This
provision is created to provide property owners with a means of demonstrating
that such a hardship may exist and that they should be allowed to demolish a
Designated Property because of that hardship.
Subd. 2. In order to obtain a Demolition Permit that would permit the
Demolition of a Designated Property on the basis of an economic hardship, the
applicant must obtain a Certificate of Economic Hardship. The Commission may
recommend and the Council may approve a Certificate of Economic Hardship if one
or more of the following criteria are met:
A. A Building has lost its architectural and historical integrity
and/or its removal will not adversely affect a Landmark
District’s historic character. Loss of integrity must be
substantiated with photographic documentation and a
physical description of the property that addresses relevant
issues; or
B. The denial of a Demolition Permit will result in an
unreasonable economic hardship on the applicant as
determined by the Council, with recommendation from the
Commission, using the following criteria:
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(1) The public safety and welfare requires the removal of a
Structure or Building; and
(2) If the structural instability or deterioration of a
property is demonstrated through a report by a
structural engineer or architect. Such a report must
clearly detail the property's physical condition,
reasons why rehabilitation is not feasible, and cost
estimates for rehabilitation versus demolition.
Subd. 3. In submitting a LPDP application, the burden of proof is on
the applicant. In reviewing the application, the Commission and Council may
consider economic hardship 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 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.
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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:
(1) Any real estate broker or firm engaged to sell or lease
the property;
(2) Reasonableness of price or rent sought by the
applicant; or
(3) 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 Standareds 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:
(1) In its current condition;
(2) After completion of the proposed alteration or
demolition; and
(3) 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.
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O. Data provided by the property owner showing economic
hardship.
Subd. 4. A property owner should conduct routine maintenance and
major repairs on a Designated Property in order to ensure their preservation. As
such, a Certificate of Hardship cannot be issued to a property owner who has
engaged in Demolition By Neglect. Additionally, no person shall commit Demolition
by Neglect.
19B.14. Designation of Potential Landmark Property. Subdivision 1.
The Commission shall compile a list of other properties that have not met the
criteria for Landmark Property designation but have historic or potentially historic
significance within the City and may be considered eligible for Landmark
designation at a future date. All such properties shall be designated as Potential
Landmark Property in the Inventory. A property owner of a Potential Landmark
Property is encouraged to meet proactively with the Commission before
undertaking development plans to receive preliminary feedback on appropriate
development and benefits.
Subd. 2. To be eligible for designation on the Inventory as a Potential
Landmark Property, 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 19B.08, subd. 2. The Commission
shall determine if the property should be designated as a Potential Landmark
Property based on the designation criteria.
Subd. 3. The property owner, the Commission, the Council, or any
member of the general public may file an application for designation of a
Building, District, Site, Structure or Object as a Potential Landmark Property on
the Inventory. The application shall be submitted to the Assigned Staff for
review and recommendation. The application for the designation of a property
or collection of properties shall include the following:
A. The applicable information required by this section;
B. Site or Landmark District boundary map;
C. Property or district description including narrative text
photographs or other graphic materials that document its
physical characteristics; and,
D. Written description of how the property meets the criteria for
designation.
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19B.15. 60-Day Negotiation Period. Subdivision 1. The purpose of
the 60-Day negotiation period is meet with the property owner to discuss the
Heritage Preservation Program and benefits that the property may be eligible to
receive upon designation as a Designated Property. If the owner of a Potential
Landmark Property submits a land use application, a negotiation period of up to
60 days shall be initiated. The 60 negotiation period may be extended an
additional 30 days upon a resolution adopted by the Council, or longer if
mutually acceptable to both the Council and the property owner. Nothing herein
shall prevent the City from reviewing any land use application or building permit
affecting the subject property during the 60-day negotiation period.
Subd. 2. Within the 60-day negotiation period the following shall
occur:
A. The Assigned Staff Person or other City staff shall offer to
meet with the property owner to discuss the Heritage
Preservation Program and benefits that the property may be
eligible to receive upon designation as a Landmark
Property.
B. The Assigned Staff shall meet with the Commission
regarding the proposed application and the nature of the
property. The property owner shall be provided notice of
this meeting. The Commission shall review appropriate
context papers to evaluate the Integrity of the property under
consideration and shall provide Council with an assessment
of the property’s conformance with the designation criteria.
When any benefits are requested by the property owner, the
Commission shall also evaluate how the designation, and
any development that is concurrently proposed, meets the
policy objectives for the Historic Preservation Program.
C. The Assigned Staff shall confer with the Council regarding
the proposed application and the nature of the property, the
staff’s and the Commission’s assessment of its historic
significance, and the effects of the application. The property
owner shall be provided notice of this meeting.
D. The Assigned Staff will negotiate with the property owner to
reach a mutually acceptable agreement for the preservation
of the property in exchange for the benefits made available
to the property owner. The Council shall consider the
appropriateness and availability of incentives, and shall also
seek to be equitable in the incentives awarded through the
negotiation process. The monetary value of incentives being
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requested shall be defined to the extent possible. When
incentives are agreed upon as part of the negotiation, the
Council shall require that the property be a Landmark
Property or carry other restrictions as determined by the
Council.
E. If upon the passage of 60 days or any extension thereof, the
City and the property owner have failed to reach a mutually
acceptable agreement, affected land use applications shall
proceed to be processed as applications without further
delay. The Council, or the property owner, may choose to
terminate negotiations at any time.
Subd. 3. This section is intended to be consistent with Minn. Stat.
§15.99.
19B.16. Removal of Potential Landmark Designation. The owner of a
Potential Landmark Property 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 property should be
removed from the Potential Landmark Property map, 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
Olmsted County.
19B.17. Notice and Public Hearings. Subdivision 1. An application for
designation on the Inventory shall be transmitted to the Assigned Staff to
determine if the application is complete. For a complete application, a report will
be prepared by Assigned Staff for transmittal to the Commission with the
relevant information on the proposed historic property or district with a
recommendation to approve or disapprove, and the reasons for the
recommendation.
Subd. 2. A date for a public hearing on a complete application will be
scheduled before the Commission. Notice of the hearing shall be provided not
less than 15 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 within 350 feet of the boundaries of the subject
property not less than 15 days before the hearing.
Subd. 3. The Commission shall evaluate the application to determine if
18
the property or district meets the criteria for designation. 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 to request
additional information necessary to make a decision to approve or deny.
Subd. 4. If an application is denied, the Assigned Staff, the Commission
or the Council may not file a reapplication for designation of the same property
or district on the Inventory for two years from the date of the Council disapproval.
Council may waive this prohibition.
19B.18. Heritage Preservation Properties – Incentives for Conservation
and Preservation. Subdivision 1. The City is committed to providing support to
property owners to assist their efforts to maintain, preserve and enhance their
historic properties. Benefits to encourage good historic preservation practices by
an owner of a Designated Property is an important aspect of Historic
Preservation Program.
Subd. 2. 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.
Subd. 3. The City may authorize funding sources to create a financial
incentive program for purposes of encouraging owners of a Designated Property
or 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.
Subd. 4. The Assigned Staff will provide guidance and assistance in
applications for State and National tax credit programs.
19B.19. Appeals. All decisions by the Commission are appealable to
the Council.
19B.20. 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 Landmark Property or 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.
19
Section 2. This ordinance shall be effective as of the date of its publication, and
applies only to those heritage preservation and demolition applications filed on or after its effective
date.
20
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2016.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2016.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord15\\19B Final 110716
21
Olt9DIN A N C:N0,42 Gro
AN ORDINANCE AIMENCD-
IIa G AND REENACTING
CHAPTER 19B OF THE
ROCHESTER CODE OF
ORDINANCES REI AT iI CT
,rO HERITAGE PREFrER-
VATIC114 AND THE HERI-
TAGE PRESERVATION ION
COI1 MISSICDIV.
The following Is a surnrnery
of the Heritage Prese a- State of Minnesota, County of Olmsted
tion Ordinance as adapted
by the Rochester common
Council on December 5,
9015,and is published aur- Sue Lovejoy, being duly sworn, on oath that she is the publisher or authorized
he
chesterer:r"Horne R le I agent and employee of the publisher of the newspaper known as the Post-
Charter and section Bulletin, and has full knowledge of the facts which are stated below:
331A,01, subd. 10 of the
Minnesota Statutes The
Rochester Comrmon team ( (A) The newspaper has complied with all the requirements constituting
cil approved the publication qualifications as a legal newspaper, as provided by Minnesota Statute
of this ordinance summary
at its December 5, 2016, 331A.02, 331A.07 and other applicable laws, as amended.
meeting, A copy of this or-
dinance,
ar..dinanc,is on file at the Of-
fice of the city Clark, 201 (B) The printed notice
Fourth Street B.E., Roon,
135, Rochester, MN, and
at the Rochester Public Li.
binary, 101 Second street Which is attached was cut from the columns of said newspaper, and was
This Roth ordinance
Iviu printed and published 1 times i p p g
S.E. ordinance updates p p time(s); t was printed and published on the following
the duties of the Heritage dates:
Presentation Commission,
allows for the designation PB 12/15/2016
of historic properties,, and
describes those changes IPB 12/15/2016
which can be made to&s-
IRHated historic properties, i
I ASSED AND ADOPTED
BY THE COMMON couN,. Printed below is a copy of the lower case alphabet from a to z, both inclusive,
r-10 of THE CITY OF which is hereby acknowledged as being the size and kind of e used in the
iw1oCl-IESTER� nrtl�aNE:so- Y g 9 type
TA,THIS 5th DAY of DE; composition and publication of the notice:
CE BF:' ,201&
/s/Randyy Stover i
PRESICDEN' CDF SAID abcdefghijklmnopgrstuvwxyz
COMMON COUNCIL
ATTEST ' POST-Bu LLETI,N,,,COMPANY L.L.G.
/s/Valori t.rangseth fs BY; c°F
�a�ssT RONNIE DEAN HANSON
CITY CLERK ,�
APPROVED THIS 12TH � Notary Public-Minnesota
DAY OF CECFF:II3ER Commission Expires Jan 31,2017
2015, v TITLE: Media Inside Sales Manager
/S/Ardell F.Brede
MAYOR
Seal of the City of Subscribed and sworn to me on
Rochester,Minnesotan r ._.
0 /15} This day of `t 210
Notary Public'
RATE INFORMATION
1) Lowest classified rate paid by commercial user $21.95
For comparable space (per inch/per day/display rate)
2) Publication Fee $122.48
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