Claim, B & W, Bechen, WoodIN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY
B & W PROPERTIES, an Iowa General Partnership
consisting ofVICKI BECHEN and
TIM WOOD,
CASE NO. EQCV092186
Plaintiffs,
VS.
CITY COUNCIL OF DUBUQUE, IOWA,
Defendants.
ORIGINAL NOTICE
TO THE ABOVE-NAMED DEFENDANT:
YOU ARE ~IO ,TII~..IE~p~ that a Petition has been filed in the Office of the Clerk of this Court on
the ~ day of /'/~:~'~ ~, naming you as the Defendant in this action. A copy ofthe
Petition (and any documents filed with it) is attached to this Notice. The attorney for the Plaintiff is
William A. Conzett, whose address is 491 West 4th Street, Dubuque, Iowa 52001. That attorney's phone
number is (319) 556-8552; facsimile number is (319) 556-8572.
You must serve a motion or answer within 20 days after service of this Original Notice upon you,
and within a reasonable time thereafter, file your motion or answer with the Clerk of Court for Dubuque
County, at the County Courthouse in Dubuque, Iowa. tf you do not, judgment by default may be
rendered against you for the relief demanded in the Petition.
If you require the assistance of a~ilia~ ai~ or se~ices to participate in
co~t because of a ~s~ili~, imme~ately call your ~strict ~A coor~nator
at 319/589-4448. (If you are hearing impaired, c~l Relay Iowa TTY at 1-800-
735-2942.)
CLERK OF COURT c~/¢'[~r~
Dubuque County Courthouse
Dubuque, Iowa 52001
IMPORTANT: YOU APsE ADVISED TO SEEK LEGAL COUNSEL AT ONCE TO PROTECT YOUR
INTERESTS.
IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE
B & W PROPERTIES, an Iowa General Partnership
consisting of VICKI BECHEN and
TIM WOOD,
Plaintiffs,
VS
CITY COUNCIL OF DUBUQUE, IOWA,
Defendants.
CASE NO. EQCV092186
PETITION FOR A WRIT OF A CERTIORARI
COMES NOW B & W Properties, and Petitions the Court for the issuance of a Writ ora
Certiorari against the City Council of the City of Dubuque, Iowa, and as cause for the issuance of
such Writ states:
l. Plaintiffis an Iowa General Partnership consisung ofVicki Bechen and Tim Wood
with its principal place of business in the City of Dubuque, Iowa. Defendant is the"duly elected
and qualified members of the City Council of the City of Dubuque, Iowa.
2. Plaintiff is the owner in fee simple of the following described real estate located in
the City of Dubuque, Dubuque County, Iowa, to wit:
Lots 1 and 2 0fLot 801 in McDaniel's Subdivision of Town'Lots
in the City of DubuqUe, Iowa, according to the recorded plat
thereof, subject to easements of record.
commonly known as 623-627 Arlington Street, Dubuque, Iowa.
3. Plaintiffpurchased the above-described property as investment property in 1993. At
the time of the purchase and at all times thereafter the property has been located in a Historic
Preservation District created pursuant to Chapter 25 of the City of Dubuque Code of Ordinances
and Section 303.34 of the Iowa Code.
4. At the time of purchase of the property, no rules, regulations or procedures existed
concerning the effect of the presence of lead-based paint on renovations and repairs of buildings.
5. The exterior wood siding on the property described in paragraph 2 is covered with
lead-based paint.
6. Repair and renovation of buildings covered with lead-based paint are now subject to
rules, regulations and procedures, the result of which has been to make the only economically
feasible method of maintenance and repair of the exterior of the property described in paragraph
2 of this Petition to encapsulate alt four exterior sides of the property with vinyl siding, which
method of encapsulation is approved under Federal lead-based paint standards.
7. Commencing with June 17, 1999 Plaintiffs submitted various requests for a
Certificate of Economic Hardship. The final application to the Historic Preservation
Commission was submitted by Plaintiffs on April 7, 2000 requesting the issuance ora Certificate
of Economic Hardship which would allow the Plaintiffs to install vinyl siding on all four sides of
the exterior of the house described in para~aph 2 of this Petition. At a meeting on August 17,
2000 the City of Dubuque Historical Preservation Commission denied the application for a
Certificate of Economic Hardship by a vote of 3 to 2.
8. On September 28, 2000, pursuant to Iowa Code Section 303.34(3), Plaintiff
appealed the Historic Preservation Commission's action of August 17, 2000 to the City Council
of the Dubuque, Iowa. At a meeting on November 6, 20,00, the City Council of Dubuque, Iowa
affirmed the August 17, 2000 action of the Historic Preservation Commission in denying a
Certificate of Economic Hardship to Plaintiff, which Certificate would have allowed the Plaintiff
to install vinyl siding on the exterior of the building located at 623-627 ArYm~on Street,
Dubuque, Iowa.
9. This appeal is taken from the action of the Dubuque City Council on November 6,
2000 pursuant to Iowa Code Section 303.34(3).
10. Plaintiff has submitted to the City of Dubuque Historic Preservation Commission
and the Dubuque City Council estimates of the cost of proposed exterior alterations to the
structure, estimated market value of the property after completion of proposed alterations, the
appraised value of the property, the annual gross income from the property for the previous two
years, itemized operating and maintenance expenses for two years, and appreciation and
deduction and annual cash flow before and after debt service, the assessed value of the property,
the amount of real estate taxes for the previous two years for the property, the formal ownership
of the property and other information that showed that disapproval of the proposed work would
prevent the property owner from earning any reasonable economic return from the property, all
pursuant to Section 25-8, 25-9, and 25-10 of the Code of Ordinances of the City of Dubuque,
Iowa.
1 t. Based upon the record before the City of Dubuque Historic Preservation
Commission, the action of the Commission in denying Plaintiff's Application for Certificate of
Economic Hardship was patently arbitrary and capricious, and the action of the Dubuque Cky
Council in refusing to reverse the action of the Historic Preservation Commission was patently
arbkrary and capricious.
12. Plaintiffis entitled to a Writ ora Certiorari, reviewing the acts of the Defendant,
and is also entitled to an order herein reversing the action of the City Council and granting to
Plaintiff a Certificate of Economic Hardship allowing them to place vinyl siding on ail four sides
of the property located at 623-627 Arlington Street, Dubuque, Iowa.
13. Attached to this Petition is a copy of Chapter 25 of the Code of Ordinances of the
City of Dubuque, Iowa.
WHEREFORE, Plaintiffprays that a Writ ora Certiorari issue from the District Court of
Iowa in and for Dubuque County commanding the Defendant to certify to this Court on or before
the __ day of ,2000 the record and proceedings relating to the
Application of Plaintiff for a Certificate of Economic Hardship, that upon the hearing of said
matter an Order be entered setting aside the actions of the Dubuque City Council on Ndvember 6,
2000 denying a Certificate of Economic Hardship to Plaintiffs and such other relief as may be
just and equitable, including the costs of this action.
B & W PROPERTIES, an Iowa General Partnership
Consisting of VICKI BECHEN and TIM WOOD,
Plaintiffs, .--.
By WILLIAM A. CONZETT
491 West 4th Street
P.O. Box 741
Dubuque, IA 52004-0741
(319) 556-8552
DU1001894
B & W PROPERTIES, an Iowa General Partnership
By: /s/ VICKI BECHEN
By: /s/ TIM WOOD
TIM WOOD
STATE OF IOWA
DUBUQUE COUNTY
On this 5th day of December 2000, before me, the undersigned, a Notary
Public in and for the State of Iowa, personaily appeared VICKI BECHEN and TIM WOOD, to
me personally known, who being by me duly sworn, did say that they are the partners ofB & W
PROPERT~S, an Iowa General Partnership, and that the document was signed on behalf of the
partnership by authority of the partners and the partners acknowledged the execution of the
document to be the voluntary act and deed of the partnership by it and by the partners voluntarily
executed.
Notary Pt[blic, State of Iowa
Sea 25-1.
Sec. 25.2.
Sec, 25.3.
Sec. 25-4.
Sec. 25-5.
Sec. 25.6.
Sec. 25.6. L
Sec. 25-6.2.
Sec. 25-6.3.
Sec. 25.6.4.
Sec. 25-6.5.
Sec. 25.6.6,.
Sec. 25.6.7,
Sec. 25-6.8~
Sec. 25-6.9.
Sec. 25-6.10.
Sec. 25-6.11.
Sec. 23-6.12.
Sec. 25-7.
Sero 25-9.
Sec. 25-10.
Sec. 25-11.
Sec. 25-12.
Sec. 25-13.
Chapter 25
HISTORIC PRESERVATION*
Purpose and intent.
Definitions.
H/storic preservation commission established; membership; term
of oftlce; vacancies in office
Election of officers; organization; rules and bylaws; conduct of meet-
ings; record of actions; attendance a~: meetings.
Powers and duties generally; pr~edures for operations.
Identification and designation of landmarks, landmark sites and
historic districts.
Langworthy Historic Preservation District.
Old Main Historic Preservation District.
Jackson Park Historic Preservation District.
Cathedral Historic Preservation Dish-lct.
West Eleventh Street Historic Preservation District.
William M. Black Landmark.
Dubuque City HICH Landmark.
Dubuque County Courthouse Landmark.
Dubuque County Jall Lanchnark.
Jullen Dubuque Monume{t Landmark.
Mathiaz Ham House Landmark.
Shot Tower.
Demolition of landmarks, landmark sites or structures in historic
d/stric~s; certificate of economic hardsMp.
Alteration of l~ndmarks, landmark sites or structures in historic
districts; determination of no material effect; certificate of appro-
priateness; certificate of economic hardsMp.
Procedure for the review of plans; application for certificate of
appropriateness; application for certificate of economic hardship.
StAndards for review.
Appeals from comm/ssion action.
Inspection.
Violations; penalties.
*Editor's note--Oral; No. 46-90, § 1, adopted ~/iay 21, 1990, repealed Ch. 25, §§ 26-1--25-17, which pento, lned ~o historic
preservation and derived from Code 1976, §§ 19¥2-1-19gz-6.5, 19g~-7-19~/2-9.1, 19¥~-10, 19~/2-11. Said ordnance also enacted
provisions designated as a new Ch. 25 to read as herein set out. See the Code Comparative Tobie.
Cross references-Advertising, Ch. 3; buildings and building regulations, Ch. 11; planning and zoning commission, § 36-16 et
seq.; zoning, App. A. -
Supp. No. 15 1509
H/STORIC PRESERVATION
Sec. 25-1. Purpose aud intent.
The purpose of this chapter is to:
(1) Promote the educational, cultural, economic
and general welfare of the public through
the protection, enhancement and perpetu-
ation of districts of historic, architectural
and cultural significance;
(2) Safeguard the city's historic, aesthetic, and
cultural heritage by preserving districts of
histerica], architoctural and cultural sign/f-
icance;
(3) Stabilize and improve property values;
(4) Foster civic pride in the legacy of beauty
and achievements of the past;
(5) Prctect and enhance the city's attract/OhS
to tour/s~s and visitors and the support and
stimulus to business thereby provided;
(6) Strengthen the economy of the city; and
(7) Promote the use of districts of historic, ar-
chitectural and cul~al significance as sites
for the education, pleasure and welfare of
the people of the city.
(Ord. No. 46-90, § 1, 5-2L90)
Sec. 25-2. Definitions.
[For the purpose of this chapter, the following
words and phrases shall have the meanings as-
eribed to them below:]
Alteration: Any act or process which changes
the exterior architectural appearance of a struc-
ture, site or area, including, but not limited to,
the erection, construction, reconstruction, resto-
ration, removal or demolition of any structure or
part thereof, excavation, or the addition of an im-
provement.
Architectural significance:
(1) The s~ructure(s) is the work of, or associ-
ated with, a nationally or locally noted ar-
chitoct, architectural fn~n, engineer, builder
or craftsman; or
(9) The structure(s) is an example of a partlc-
ular period of architecture or archltec~ural
style in terms of detail, material, method of
(3)
construction or workmanship, with no or
negligible irreversible alterations to the
eri~[nal structure; or
The structure(s', is one of the few remaining
examples of a particular architectural style;
or
(4) The structure(s) is one of a contiguous group
of structures which have a sense of cohe.
siveness, which is expressed through a sim-
flarity of characteristics, a si~,'~ity- of a
style, a similarity of petted, a sinnqarity of
method of construction or which accent the
architectural sig~o, ance of the area.
Building: Any structure used or intended for
supporting or sheltering any use or occupancy.
'Certificate of appropriateness: A document is-
sued by the historic preservation commission in-
dicating its approval of plans for an alteration or
activity which will:
(1) Create a material change in appearance, or
the removal or demolition, of a landmark,
landmark site or of a structure within a
historic district; and
(2) Require a regulated permit.
Certificate of economic hardship: A document
issued by the historic preservation commission
which acknowledges an exception as herein de-
fined and which authorizes an alteration or ac-
tivity:
(1) Which creates a material change in appear-
ance, or the removal or demolition, cfa land-
mark, landmark site or cfa structure within
a historic district; --
(2) Which requires a regulated permit; and
(3) For which a certificate of appropriateness
has been or would be denied; however, a
certificate of economic hardship shall be is-
sued only upon a showing that the property
owner will be deprived of any reasonable
economic return on the proper~y if not al-
lowed to proceed with !he requested alter-
ation or activity.
Commission: The Dubuque Historic Preserva-
tion Commission, as established by this chapter.
Supp. No. 4
1511
§ 2~-2
DUBUQUE CODE
Demolitior~' Any act or process which destroys
in part or in whole a landmark or a structure.
Design guideline: A standard of acceptable ac-
tivity which will preserve the historic, architec-
rural and cultural character of a landmark or
Determination of no material effect: A document
issued by the city manager or the city manager's
designee indicating approval for any normal re-
pair or act of maintenance as defined by this
chapter, which:
(1)
Is not an alteration, construction, removal,
demolition or excavation as defined by this
chapter;
(2)
Does not create a material change in the
exterior architectural appearance or exte~
tier features of a structure or site; and
(3) Nonetheless does require a regulated
permit.
Excavation: The digging out or removal of earth,
soil.
Exterior architectural appearance: The architec-
rural s~yle and character and the general compo-
sition and arrangement of the exterior of a
building or structure.
Exterior features: The architectural style and
the general design and arrangement of the exte-
riot of a structure, including, but not limited to,
the kind and texture of the building material(s),
and the type, style and arrangement of all win-
dews, doors, light fixtures, signs and other appur-
tenant elements, or the natural features ora land-
mark, landmsxk site or structure. In the case of
outdoor advertising signs, "exterior feature" in-
cludes the style, material, size and location of the
sign.
Historic district: An area designated by ordi-
nances of the city council which:
(1) Has defined geographic boundaries;
(2) Contains contiguous pieces of property
under diverse ownership; ~ud
(3) Is one or more of the foilowin~.
Significant to American history, archi-
tecture, archaeology or culture; or
b. Possesses integrity of location, design,
setting, materials, workmanship, feel
and association; or
c. Associated with events that have been
a significant contribution to the broad
patterns of our history; or
d. Associated with the lives ofpersoas sig-
nificant with our past; or
e. Embodies the distinctive characteris-
tics of a type, period, method of con-
struction; or
f. Represents the work of a master; er
g. Possesses high artistic values; or
h. Represents a significant and distin-
guishable entity whose components
may lack individual distinction; or
i. Has yielded, or may be likely to yield,
information important to prehistory
and history.
Historic significance:
(1)
The structure(s) or site(s) has a strong as-
sociation with the life or activities of a
person or persons who have contributed to
or participated in the historic events of the
nation, state or community; or
(2)
The structure(s) or site(s) is associated with
an association or group (whether formal or
informal) which has contributed to or par-
tlcipated in historic events of the nation,
state or community; or
(3)
The structure(s) or site(s) or object(s) is as-
sociated with an antiquated use due to tech-
nological or social changes in the nation,
state or community, such as, but not lim-
ited to, a blacksmith's shop or railroad
trestle; or
The site(s) or object(s) is a monUment to or
a cemetery of historic personages.
Improvement: Any building, structure, parking
facility, fence, gate, wall, work of art or other ob-
ject constituting a physical betterment of real prop-
erty, or par~ of such betterment.
Supp. No. 4
1512
HISTORIC PRESERVATION
§ 25-3
Integr/ty: The original, unaltered or historically
altered appearance of a structure, site or area
when taken as a whole.
Landmark: A property or structure designated
by ordinance of the city council pursuant to pro-
cedures described herein, that is worthy of pres-
ervation, rehabilitation or restoration because of
its historic, architectural or cultural significance
to the city, the state or nation.
Landmark site: Any parcel of land of historic
significance due to its subs~mtial value in tracing
the history of aboriginal man, or upon which a
historic event has occurred, and which has been
designated as a landmark site under this section,
or an improvement parcel, ar"part thereof, on
which is situated a landmark and any abutting
improvement parcel, or part thereof, used as and
constituting part of the premises on which the
landmark is situated.
Material change of appearance: Any change, al-
teration or modification of the ex~erual architoc-
rural appearance or exterior features of a building,
improvement, structure or proper~y which is vis-
ible from the public way and for which a regu-
lated permit is required for compl/~nce with ap-
plicable local cedes, including, but net limited to:
(1) Changes in the exterior size, confignratio~{i
fenestration or other structural features of
the property; or
(2) Construction or reconstruction; or
(3) Demolition; or
(4) Any alteration in the size, location or ap-
pearance of any sign on the property; or
(5) Any excavation on property or the deposit
of any waste, Ifil or other material on prop-
erty.
(6) For individual historic districts, the defmi-
tion of "material change in appearance"
may be expanded to include additional ac-
tivities for which a certificate of appropri-
ateness is required. Such additional actlv-
ities shall be delineated in the ordinance
designating an individual district or by
amending the district designating ordi-
nance, in the case cfa distric~ that has been
previously designated.
Owner of record: Any person, f'rrm, corporation
or other legal entity listed as owner on the records
of the County Recorder of Dubuque County.
Regulated permit: An official document or cer-
tificate issued by the building official, city engi-
neer or other official of the city pursuant to pro-
visions of the building code or other ordinance or
regulation, and which authorized the performance
of a specified activity.
Repair: Any change which does not require a
building permit, and which is not construction,
removal or demolition.
Scale: In a building or structure, the relation-
ship of the vertical, horizontal and volume mea-
surements; the relationship of the parts to one
another within a building, or structure or in com-
parison to other buildings or structures within
that vicinity.
Structure: Anything constructed or erected, the
use of which requires a permanent or temporary
location on or in the ground, including, but not
limited to, the following: buildings, fences, ga-
zebos, advertising signs, billboards, backstops for
tennis courts, radio and television antennae, in-
cluding supporting towers, and swimming pools.
(Ord. No. 46-90, § 1, 5-21-90)
Sec. 25-3. Historic preservation commission
established; membership; term of
office; vacancies in office.
(a) The historic preservation commission i~s
hereby established and shall consist of seven (7)
members who shall be residents of the city.
(b) Members of the commission shall be ap-
pointed by the city council as follows: One reel-
dent from each designated historic preservation
district, including the districts hereinafter estab-
lished; and two (2) at large members. Each member
shall possess qualifications evidencing expertise
or interest in architecture, history, archeology,
law, construction or building rehabilitation, city
planning or conservation in general. One commis-
sion member shall be a licensed architect.
Supp. No. 4
1513
§ 25-3
DUBUQUE CODE
(c) The original appointment of the members of
the commission shall be as follows: Two (2) for one
year; two (2) for two (2) years, and three (3) for
three I3) years, from July i of the year of such
appointment or until a successor is named to serve
out the unexpired portion of a term of appoint-
ment or un~il a successor is appointed to serve for
a term of three (3) years. Members appointed there-
after shall serve three-year terms.
(d) Vacancies occurring in the commission,
other than through exp/ration of term of office,
shall be only for the unexpired portion of the term
of the member replaced. Each member shall serve
un,il the appointment of a successor.
(e) Members may serve for more th~n one term.
(D Vacancies shall be filled by the city council
in accordance with the requirements set forth
above.
(g) Members shall serve without compensation.
(Ord. No. 46-90, § 1, 5-21-90)
Sec. 25-4. Election of officers; organization;
rules and bylaws; conduct of meet-
ings; record of actions; attendance
at meetings.
(a) The commission shall elect from its mem-
bership a chairperson and vice chairperson, whose
terms of office shall be f'med by bylaws adopted by
the comn~sion. The chairperson shall preside over
meetings of the commission and shall have the
right to vote. The vice chairperson shall, in cases
of absence or disability of the chairperson,
form the duties of the chairperson.
(b) The ci~ manager shall designate a person
to serve as secretary to the commission. The sec-
retary shall keep a record of all resohitions~ pro-
ceedings and actions of the commission.
(c) The commission shall adopt rules or bylaws
for the transaction ofi~ business. The bylaws shall
provide for, but not be limited to, the time and
place of holding regular meetings, the procedure
for the calling of special meetings by the chair-
person or by at least three (3) members of the
commission and quorum requirements.
(d) All meetings of the commission shall be sub-
ject to Iowa Code Chapter 21, the Iowa Open Meet-
ings Act.
(e) The comr-~ssion shall keep a record of its
resolutions, proceedings and actions. The records
shall be subject to Iowa Code Chapter 22, the Iowa
Public Records Act.
(f) A quorum of the commission shall be re-
quired in order to transact business.
(g) The affmnative vote of a majority of com-
mission members present at a meeting shall be
required for the approval of plans or the adoption
of any resolution, motion or other action of the
commission.
(h) The vote of each member of the commission
shall be recorded.
(i) A member of the commission shall attend at
least two-thirds (2Is) of all scheduled meetings
within any consecutive twelve-month period. If
any member does not attend such prescribed
number of meetings it shall constitute grounds
for the commission to recommend to the city
council that said member be replaced. Attendance
of all members shall be entered on the minutes.
(j) The commission shall file with the city
council a copy of the minutes of each regular and
special meeting of the commission within ten (10)
working days a~ter each meeting.
(Ord. No. 46-90, § 1, 5-21-90)
Sec. 25-5. Powers and duties generally; pro-
cedures for operations.
(a) The general duties and powers of the com-
mission shall be as follows:
(1) To promote and conduct educational and
interpretive programs on historic proper-
ties within its jurisdiction;
(2) To develop and adopt specific standards for
review and design guidelines, in addition
to those set forth in section 25-10(a) of this
chapter, for the alteration of landmarks,
landmark sites or property and structures
within historic districts;
(3) To adopt its own bylaws;
Supp. No. 4
1514
HISTOR/C PRESERVATION
§ 2~6
(4) To conduct an on-going survey to identify
historically and architecturally significant
properties, structures and areas that exem-
plify the cultural, social, economic, poH~
ical or architectural history of the nation,
state or city;
(§) To research and recommend to the city
council the adoption of ordinances desig-
nating areas as having historic, architoc-
rural or cultural value or significance as
"historic districts";
(6) To research and recommend to the city
council the adoption of ordinances desig-
nating properties or structures having his-
toric, architectural or cultural value or sig-
nificance as "landmarks" or "landmark
sites";
(7) To maintain a register of ali properties and
structures which have been designated as
landmarks, landmark sites or historic dis-
tric~s, including all information required for
each designation;
(8) To assist and encourage the nomination of
landmarks, landmark sites and historic dis-
tr'~c~s ;o the National Register of Historic
Places, and review and coraraent at a public
hearing on any National Register nomina-
tion submitted to the commission upon the
request of the mayor, city council or the
State Bureau of Historic Preservation;
(9) To confer recognition upon the owners of
landmarks or of property or structures
within historic districts;
(10) To review in-progress or completed work to
determine compliance with speck~m cer~'~fi-
catos of appropriateness or certificates of
economic hardship; and
(11) To serve as an advisory design r~view body
to the city council for public works projects
which have historic preservation impliea.
tions when so requested by the city council.
(b) The commission shall be governed by the
administrative, personnel, accounting, budgetary
and procurement policies of the city.
(Ord. No. 46-90, § 1, 5-21-90)-
Sec. 25-6. Identification and designation of
landmarks, landmark sites and his.
toric districts.
(a) [Generally.] The commission may conduct
studies for the identification and nomination of
landmarks, landmark sites and historic districts,
as defined by this chapter. The commission may
proceed on its own initiative or upon a petition
from any person, group or association.
~)Nomination.
(1)
Landmarks and landmark sites. The nom-
ination of landmarks and landmark sites
shall be initiated by au application sub-
mitred to the commission by the property
owner on a form supplied by the commis-
sion.
(2)
Historic districts. The designation of his-
toric districts shall be initiated by a nomi-
nation for such designation. A nomination
shall be made to the commission on a form
prepared by it and may be submitted by a
member of the commission, the owner of
record of property within a proposed his-
toric district, the city council, or any other
person or organization. When a commis-
sioner, as a private citizen, nonfinates an
historic district for designation, the nomi-
nating commissioner shall abstain from
voting on the designation. This provision
shall not extend to a designation motion
presented by a commissioner as part of com-
mission proceedings.
(c) Criteria for consideration of a nomination.
The commission shall, upon such investigation as
it deems necessary, meuke a determination as to
the following:
(1) The nominated property, structure, object,
site or area:
a. Is of architectural significance, as de-
l'reed by this chapter; or
b. Is associated with events that have
made a sigalficant contribution to the
broad patterns of the history of the City
of Dubuque, Dubuque County, the
State of Iowa or the nation; or
Supp. No. 4
1515
§ 25-6
DUBUQUE CODE
c. Is associated wlth the lives of persons
significant in the past the City of Dubu-
clue, Dubuque County, the S~ate of Iowa
or the nation; or
d. Has yielded, or may be likely to yield,
information important in pre-history or
history; and
(2)
The structure, property, object, site or area
has sufficient integrity of location, design,
materials and workmanship to make it
worthy of preservation or restoration; and
(3)
The structare, property, object, site or area
is at least frfty (50) years old, unless the
commission determines that it has achieved
significance within the past fifty (50) years
and is of exceptional importance.
(d) Notification of nomination. Within sixty (60)
days after receipt of a completed nomination in
proper form, the commission shall hold a public
hearing. Notice that a nomination for designation
is being considered and the date, time, place and
purpose of the public hearing shall be sent by cer-
tiffed mail: at least fourteen (14) days prior to the
date of the hearing, to the owner(s) of record of the
nominated landmark, landmark site, or property
within the nominated historic district and to the
nominator(s). Notice shall also be published in a
newspaper having general circulation in the city.
The notice shall state the street address and legal
description of a nominated landmark or landmark
site or the boundaries of a nominated district.
(e) Public healing. Oral or written testimony
concerning the significance of the nominated land-
mark, landmark site or historic district shall be
taken at the public hearing from any interested
person. The commission may request expert tes-
timony, consider staff reports or present its own
evidence regarding the compliance of the nomi-
nated landmark, landmark site or historic district
with the criteria set forth in paragraph (c) abgve.
The owner of any nor~iuated landmark, landmark
site or of any property within a nominated his-
toric district shall be allowed a reasonable oppor-
tunity to present evidence regarding the nomina-
tion, shall be afforded the right of representation
by counsel and shall be given reasonable oppor-
tunity to cross-examine expert-witnesses. The
hearing shall be closed upon completion of testi-
mony.
(f) Determinalion by the commission; recommen-
dation and report. Within thirty (30) days fol-
lowing the close of the public hearing, the com-
mission shall make a determination upon the
evidence as to whether the nominated landmark,
landmark site or historic district does or does not
mee~ the criteria for designation. Such determi-
nation shall be made in an open meeting by res-
olution of the commission, shall be reduced to
writing in the form ora recommendation and shall
be supported by a written report in support of the
nomination. The commission's recommendation on
the nomination of a landmark, landmark site or
historic district, and its supporting report, shall
be filed with the zoning commission, and shall
include a proposed ordinance ~r amendment es-
tablishing such landmark, landmark site or his.
teric district and describing its location and bound-
aries by address and legal description.
(g) Action by zoning commission. Within sixty
(60) days after receipt of the commission's recom-
mendation, report and proposed ordinance or
amendment, the zoning commission shall report
to the city council with respect to the relation of
the nomination to the general development plan,
zoning ordinance, proposed public improvements
and any plans for the renewal of the area in-
volved. Upon submission of the report of the zoning
commission, or upon the expiration of the sixty-day
period, the matter shall be transmitted to the city
council.
(h) Action by city council.
(1) The city council shall submit the proposed
ordinance or amendment to the Bureau of
Historic Preservation of the State Histor-
ical Society of Iowa for review and recom-
mendations at least forty-five (45) days prior
to the date of any public hearing conducted
by the city council. Any recommendations
made by the Bureau of Historic Preserva-
tion shell be made available by the city to
the public for viewing during normal
working hoars at a city government place
of public access.
(2) Upon receipt of the recommendation and
report of the historic preservation cemmis-
Supp. No. 4
1816
HISTORIC PRESERVATION
§ 25-6.3
sion and the report of the zoning commis-
sion, and after having received a recommen-
dation from the Bureau of Historic
Preservation or if the forty-five-day waiting
period has lapsed since submission of the
request for such recommendation, the city
council shall conduct a public hearing on
the ordinance or amendment establishing
the proposed landmark, landmark site or
historic preservation district. After public
hearing, the city council shall approve or
disapprove the ordinance or amendment, or
refer the nomination back to the historic
preservation commission for modification.
A modified nomination shall require com-
pliance with the same procedure for desig-
nation as set forth abeve.
(S) City council approvai of the ordinance or
amendment shall constitute designation of
the landmark, landmark site or historic dis-
trict.
(i) Amendment and rescission of designation. A
designation may be amended or rescinded upon
petition to the commi.~sion and compliance with
the same procedure and according to the same
criteria as set forth above for designation.
(Ord. No. 46-90, § 1, 5-21-90)
Sec. 25-6.1. Langworthy Historic Preserva-
tion District.
The properties hereinafter described are hereby
designated as a historic preservation district, ac-
cording to the provisions of this chapter, to wit:
All of Lets I through 3, inclusive; ali of Lot 4
excepting the northerly ten (10) feet thereof; all
of the south half of Lot 6; ail of Lots 12 through
16, inclusive; and ail of Lots 12A through 16A,
inclusive; all being in Panlina Langworthy's Ad-
dition. The west fifteen (15) feet of lot 4; all of
Lot 5, and Lot 6; all being in McCoy Subdivi-
sion. All of Lots 1 through 6, inclusively, of Lot
2 and Lot 3; all of Lot 4; and all of Lots 5 through
8, inclusive, excepting the northerly twelve (12)
feet of all of them; all being in Mrs. L. A. Lang-
worthy's Addition. Ail of Lots 1 through 12, in-
clusive; all of Lots 17 through 21, inclusive; and
all of Lots 9 through 53, inclusive; all being in
Julia Langworthy's Addition. Lots I through 4,
inclusive; Lot 1 of Lot 6; Lots 28 through 32,
inclusive; Lot 1 of Lot 1 of Lot 1 of Lot 33; and
Lot I of Lot 2 of Lot 2 of Lot 33; all being in T.
S. Nairn's Dubuque Addition.
(Ord. No. 46-90, § 1, 5-2L90)
Sec. 25-6.2. Old Main Historic Preservation
District.
The properties hereinafter described are hereby
designated as a historic preservation district, ac-
cording to the provisions of this chapter, to wit:
All of city Lots 1 through 12, inclusive; all of
city Lots 69 through 80, inclusive; and the south
sixty-four (64) feet of Lot 1 Block X'V of Dubuque
Downtown Plaza.
(Ord. No. 46-90, § 1, 5-21,90)
Sec. 25-6.3. Jackson Park Historic Preserva-
tion District.
The properties hereinafter described are hereby
designated as a historic preservation district, ac-
cording to the provisions of this chapter, to wit:
Beginning at the intersection of West 17th
and Heeb Streets, north along Heeb Street to
the south line of M. A. Rebman's Sub.; west
along said line and the south line of Duncan's
Sub. to the west line of Lot 4-C.L. six hundred
seventy-four (674) feet; south aiong said line to
the south line of Lot 2-5-C.L. 674; west along
said line and a~ong the south line of Lot 1-5-C.L.
674 to Main Street; west across Main Street
and Madison Avenue to the north 'line of Lot
5-2-C.L. 673; continuing west along said line to
the west line of said lot; south along said line to
Dorgan Place; west along Dorgan Place to the
east line of Lot 1-1A-Dorgan's Sub.; southweEt
along said line and along the east line of Lot
l-l-Dorgan's Sub. and its extension of West 17th
Street; frrst south then in a counterclockwise
manner along the westerly line of D. N. Cooley's
Sub. and its southerly extension to the north llne
of Lot I-I-C.L. 667; east along said line to the
east line of said lot; south aiong said line and
the east line of Lot 2-3:C.L. 667 to the south
along said line of Lot 2-1-C.L. 667; east along
said line to Bluff Street; south along Bluff Street
to the south line of A.L. Brown's Sub.; west along
said line to the east line of Lot 769B of A.
Supp. No. 4
1517
§ 25-6.3
DUBUQUE CODE
McDaniel's Sub.; south along said llne and the
east right-of-way line of Grove Terrace and the
east line of Corkery's Sub. to the north line of
Lorimer,s Sub.; east along said line to the east
line of LOt 1-1-1 and 11 of Lorimer's Sub.; south
along sa~d line and its extension to West 9th
Street; east along West 9th Street to Locust
Street; north along Locust Street to West 10th
Street; east along West 10th Street to the alley
between Locust and Main Streets; north along
said alley to West 13th Street; east along West
13th Street to Main Street; south along Main
Street to the south line of the north 1/5-C.L. 465;
east along said line and its extension to the east
line of the west 33 feet, north Vs-C.L. 460; north
along said line to West 13th Street;. east along
West 13th Street to Iowa Street; north along
Iowa Street to West 14th Street; east along West
14th Street to the alley between Iowa Street
and Central Avenue; north along said all~ey to
West 17th Street; east along West 17th Street
to Heeb Street, the point of beginning.
(Ord. No. 46-90, § 1, 5-21-90)
Sec. 25-6.4. Cathedral Historic Preservation
District.
The properties hereinafter described are hereby
designated as a historic preservation district, ac-
cording to provisions of this chapter, to wit:
Beginning at the intersection of Locnst Street
' and West Seventh Street; southwest along West
Seventh Street to Bluff Street; northwest along
Bluff Street to the northwest line of Lot 5-C.L.
653A; southwest along said line to the south-
west line of said lot; southeast along said line to
the northwest line of the north fifty (50) feet of
Lot 1-1-C.L. 653; southwest along said line to
the northeast line of Coriell's Dubuque Sub.;
first southeast then in a clockwise manner along
said line to West Fifth Street; southeast along
West Fifth Street; to the northwest line'of the
west one hundred seven and five-tenths (107.5)
feet-west one hundred seventy (170) feet-C.L.
624; southwest along said line to the northeast
line of Cooper Heights Sub; southeast along said
1/ne and along the northeast line of Lot I-I-I-1-
C.L. 692 to the north right-of-way line of West
Fourth Street; southwest along said right-of-way
line and along the northwest line of Lot 2-1-1-
1-C.L. 692 to Raymond Place; southeast along
Raymond Place to the northwest line of Fenelon
Point Sub.; first northeast then in a clockwise
manner along said line to the southwest line of
Lot 1-E. seventy-eight and five-tenths (78.5) feet
south one hundred (100) feet-C;L. 692; south-
east along said line to West Third Street to the
southwest line of Saint Raphael's Add.; south-
west along said line to the northwest line of Lot
1-2-C.L. 694; fzrst northeast then in a clockwise
manner along said line to the northwesterly
most line of Pixler Place; northeast along said
line to the west right-of-way line of Bluff Street;
southeast across Bluff Street to the northeast
line of C.L. 589A; continuing southeast along
the northeast line of C.L. 589A and the north-
east line of C.L. 589 and the northeast line of
the north twenty-one (21) feet-north 1/2 C.L. 572
to Ldcnst Street; northeast along Locust Street
to the southwest line of the south fifty (50) feet-
C.L. 568; northwest along said line to Bissell
Lane; north along Bissell Lane to West Fourth
Street; northeast along West Fourth Street to
Locust Street; northwest along Locust Street to
West Seventh Street, the place of beginning as
described herein.
(Ord. No. 46-90, § 1, 5-21-90)
Sec. 25-6.5. West Eleventh Street Historic
Preservation District.
The properties hereinafter described are hereby
designated as a historic preservation district, ac-
cording to provisions of this chapter, to wit:
Beginning at the interseCtion of Loras Boul,
yard and Bluff Street; south along]~luff Street
to the south llne of A.L. Brown's Sub.; west along
said south line to the east line of LOt 769B of A.
McDaniel's Sub.; south along said east line and
along the east right.of, way line of Grove Ter-
race and along the east line of Corkery's Sub. to
the north line of Lorimer's Sub.; east along said
north line to the east line of Lot 1-1-1-11-
Lorimer,s Sub; south along said east line and
its southerly extension to West 9th Street; west
along West 9th Street to the west line of Cen-
tral Addition; north along said west line to the
south line of the east twenty-seven (27) feet-Lot
3-C.L. 703; west along said south line to the
Supp. No. 4
1518
HISTORIC PRESERVATION
§ 25-6.10
west line of said lot; north along said west line
to the north line of the west one hundred thirty-
nine (139) feet-Lot 3-C.L. 703; west along said
north line to the east line of Lot 2-46A-Farley's
Sub.; north along said east line to Wilbur'Street;
west along Wilbur Street to the west line of Lot
2-46A-Farley's Sub.; south along said west line
to the south line of Lot 1-46-Farley's Sub.; west
along said south line and along the south line of
Lot 1-45-Farley's Sub. to the west line of said
Lot 1-45; north along said west line to Wilbur
Street; west along Wilbur Street to Spruce
Street; south along Spruce Street to the south
line of Lot 2-43-Farley's Sub.; west along said
south line to the east line of the south eighty
(80) feet-Lot 37-Farley's Sub.; north along said
east line to the north line of said lot; west along
said north line to the east line of Lot 38-Farley's
Sub.; north along said east line to Jefferson
Street; west along Jefferson Street and along
the south llne of Lot 2-1-1-3-C.L. 738 to the west
line of Lot 2-1-1-3-C.L. 788; north along said
west line and along the west line of Lot 1-1-1--
3-C.L. 738 and along the west line of Lot 2-1-3-
C.L. 738 and along the west line of Lot 1-2-1-
C.L. 738; to West Eleventh Street; east along
West Eleventh Street to the west line of Lot 12
of Cummin's Sub.; north along the west lines of
Lots 11, 10, 9 and 8 of Cummin's Sub.; north
across Race Street; north along the west line of
Lot 6 of Curnmin's Sub. to Chestnut Street; west
along Chestnut Street to the west property line
of Lot 8 of BisseH's Dubuque; north along the
west property lines of Lots 9, 10, 11, 12, 13, 14
and 15 of Bissell's Dubuque and the E. 150' of
Lot 5 of C.L. 740; east along the north line of
the E. 150' of Lot 5 of C.L. 740 to Walnut Street;
north along Walnut Street to Loras Boulevard;
east along Loras Boulevard to Henion Street;
north along Henion Street to Pickett Street; east
along Pickett Street to the east line of Lot 2-7-
C.L. 667; south along said east line to the south
line of Lot 1-4-C.L. 667; fzrst east line then in a
counter.clockwise manner along the southerly
lines of Lot 1-4-C.L. 667 and Lot 1-3-C.L. 667 to
the west line of Lot 2-1-C.L. 667; south along
said west line of the south line of Lot 2-1-C.L.
667; east along said south line to Bluff Street;
south along Bluff Street to Leras Boulevard,
the place of beginning. _
(Ord. No. 46-90, § 1, 5-21-90)
Sec. 25-6.6. William M. Black Landmark.
The structure hereinafter described is hereby
designated as a landmark, according to the provi-
sions of this chapter, to wit:
Sidewheeler Dredge William M. Black moored
at Inner Levee of the Mississippi River, com-
monly known as the Ice Harbor.
(Ord. No. 22-93, § 1, 5-3-93)
Sec. 25-6.7. Dubuque City Hall Landmark.
The property hereinafter described is hereby des-
ignated as a landmark, according to the provi-
sions of this chapter, to wit:
The bnilding situated on the lq 2/5 of City Lot
448 and the lq 2/5 of City Lot 457, commonly
known as 50 West 13th Street.
'(Ord. No. 22-93, § 1, 5-3-93)
Sec. 25-6.8. Dubuque County Courthouse
Landmark.
The property hereinafter described is hereby des-
ignated as a landmark, according to the provi-
sions of this chapter, to wit:
The building situated on part of City Lot 286
and City Lots 287 to 288, cor,~only known as
720 Central Avenue.
(Ord. No. 22-93, § 1, 5-3-93)
Sec. 25-6.9. DubuqueCountyJailLandmark.
The property hereinafter described is hereby des-
ignated as a landmark, according to the provi-
sions of this chapter, to wit:
The building situated on City Lots 28~i to 285
and part of City Lot 286, commonly known~ as
36 West 8th Street.
(Ord. No. 22-93, § 1, 5-3-93)
Sec. 25-6.10. Julien Dubuque Monument
Landmark.
The property hereinafter described is hereby des-
ignated as a Imudmark, according to the provi-
sions of this chapter, to wit:
The structure situated on Pt. Lot 1, Govern-
merit Lots 1 and 2, located at terminus of N!on-
ument Drive.
(Ord. lqo~ 22-93, § 1, 5-3-98)
Supp. No. 15 1519
§ 2~6.11.
DUBUQUE CODE
Sec. 25-6.11. MathiasI-I~mHouseLandmark.
The property hereinafter described is hereby des-
ignated as a l~ndmark, according to the provi-
sions of this chapter, to wit:
The building situated on Lot 1 of Lot 531 Ham's
Addition, commonly known as 2241 Lincoln Ay-
enue.
(Ord. No. 22-93, § 1, 5-3-93)
Sec. 25-6.12. Shot Tower.
The property hereinafter described is hereby des-
ignated as a landmark, according to the provi-
sions of this chapter, to wit:
The Shot Tower structure situated ~n River
Front Sub 1, located at terminus of Commerc/al
Street.
(Ord. No. 22-93, § 1, 5-3-93)
Sec. 25-7. Demolition of landmarks, land-
mark sites or structures in hi~torlc
districts; certificate of economic
Demolition of landmarks, landmark sites or
structures within historic districts is prohibited
unless, upon applicaton and after hearing, the
commission issues a ce~'L~cate of economic hard-
ship pursuant to section 25-9(h) of this chapter.
(Ord. No. 46-90, § 1, 5-21-90)
Sec. 25-8. Alterationoflandmarks, landmark
sites or st-ruc~tres in historic dis-
tricts; determination of no mate-
rial effect; certificate of appropri-
ateness; certificate of economic
hardship.
(a) After designaton of a landmark, landmark
site or historic district by the city council, any
proposed alteration or activity which will affe~ a
landmark, landmark site or structure or site
within any historic district, and for which a reg-
ulated permit is required, shall be reviewed by
the historic preservation commission; however,
nothing in this chapter shall be construed to pre-
vent ordinsry maintenance or repair of any land-
mark, landmark site or structure or site within a
historic district where such m~ntenance or re-
pair does not involve a material chang~ of appear-
ance which necessitates issuance of a regnlated
permit as herein defined.
(b~ No regulated permit may be issued prior to
review by the commission.
(c) Upon review, the comr.~sion shall have the
authority to take the following actions:
(1) Authorize the proposed project; determina-
tion of no material effect.
a. If an application submitted to the com-
mission demonstrates compliance with
the "Secretary of Interior's Standards
for Historic Preservation Projects,"
Washin~on, D.C., 1979, and the "Sec-
retary of the interior's Standards for
Rehabilitation and Guidelines for Re-
. habili~atlng Historic BvJldmgs," Wash-
ington, D.C. (Revised 1983), established
by this chapter and, pursuant tc the
bylaws adopted by the commission, a
determination may be made that such
work or activity would:
1. Not result in a material change in
appearance; or
2. Not be visible from the public way.
b. The city manager or dty manager's des-
ignee shall make such determination
and may issue a deter~-ation of no
material effect, which shall authorize
the proposed work or activity to pro-
ceed without commission hearing.
(2) Apt~rove the t~ro2osed project; certificate of
at~Ivro~vriateness.
a. The commission shall issue a certfi-
cate of appropriateness if, upon appli-
cation and after hearing, it f'mds:
1. That the property owner or the
proper~y owner's representative
has established that the proposed
alteration or activity complies with
the standards for review set forth
by this chapter and regulated by
the commission and conforms to
the purpose and intent of this
chapter; and
2. That creating, changing, de-
stroying or affecting the exterior
Supp. No. 15 1520
HISTORIC PRESERVATION
§ 2~-9
architectural features of the struc-
ture, improvement or site upon
which the work is to be done ~
not have a substantial adverse ef-
fect on the aesthetic, historic or ar-
chltectural significance and value
of either the property itself or of
the neighboring improvements in
a district.
b. The issuance of a certificate of appro-
priateness shall enable the applicant
to obtain a regulated permit and to pro-
ceed with the proposed alteration or ac-
tlvity.
(3) Dfsapprove the proposed project; certificate
of economic hardship. The commission shall
issue a certificate of economic hardship,
upon application or upon its own motion, if:
a. A certificate of appropriateness has
been denied; and
b. The commission determines that disap-
proval of the proposed work or activity
would prevent the property owner from
earning any reasonable economic re-
turn from the property.
(d) The building official, city engineer or other
local authorities shall not issue a regulated permit
until there has been a determination of no mate-
rial effect or a certiScate of appropriateness or a
certificate of economic hardship issued.
(e) The transfer of a determination of no mate-
rial effect, certificate of appropriateness or certif-
icate of economic hardship from one structure, im-
provement or site to another structure,
improvement or site or from one person to an-
other is prohibited.
(~) Each determination of no material effect, cer-
tificate of appropriateness or certificate of eco-
nomic hardship issued under the p=ovisions of this
article shall expire and become null and void if
the alteration, construction, repair, removal, dem-
olition or excavation for which the determination
of no material effect, certificate of appropriate-
ness or certificate of economic hardship was is-
sued is not initiated within one (1) year of its
(Ord. No. 46-90, § 1, 5-21_-90; Ord. No. 98-92, § 1,
12-7-92)
Sec. 25-9. Procedure for the review of plans;
application for certificate of appro-
prlatenees; application for certifi.
cate of economic hardship.
(a) Application for regulated permit shall be
made ~o the appropriate city official. The applica-
tion shall state or the appropriate c~ty official shall
determine that the proposed alteration, activity
or demolition is to be done on a landmark, land-
mark site or on a structure within a historic dis-
trict.
Co) Upon the filing of such application, the ap-
propriate city official shail notify the applicant
that the matter must be reviewed by the historic
preservation corarn~sslon before a regulated permit
can be issued.
(c) A request for review by the commission of
the proposed work, activity or demolition must be
made by the applicant. Application for commis-
sion review shall be filed in the coramunity and
economic development department.
(d) Unless otherwise mutually agreed upon by
the appHcsmt and the commission, the commis-
sion shall meet within twenty-one (21) days after
the filing of the application for commission re-
view, The commission shall review the proposed
project according to the duties and powers speci-
fied in this chapter. In reviewing the proposed
project, the commission may confer with the ap-
plicant or the applicant's authorized representa-
rive. The commission may require submission of
such additional drawings, sketches, photographs
or other exhibits as it deems reasonably neces-
sexy for consideration of the application.
Supp. No. 15 1520.1
HISTORIC PRESERVATION
(e) The commission shall approve or disapprove
such plan.
(f) If the proposed project is approved, the com-
mission shall issue a certificate of appropriate-
(g) If the commission disapproves such proposed
project, it shall state its reasons and shall transmit
to the applicant a written record of its disap-
proval. The commission may propose appropriate
revisions of the applicant's proposal which, if
adopted, would cause the commission to recon-
sider its disapproval. The applicant may make
modifications to the proposed project and shall
have the right to resubmit a mqdified proposal at
any time.
(h) If the commission disapproves a proposed
project, it may, upon application or on its own
motion, consider issuing a cer~icate of econo'mic
hardship.
(1) Upon applica~/on or motion for a certificate
of economic hardship, the commission shall
schedule a public meeting on that applica-
tion or motion.
Data to be provided by the applicant. The
commission may solicit expert testimony or
require that the applicant for a certificate
of economic hardship make submissions con-
cerning any or all of the following iaforma-
tion before rendering its decision:
a. Estimate of the cest of the propesed con-
struction, alteration, demolition or re-
moval and an estimate of any addi-
tional cost that would be incurred to
comply with the recommendations of
the historic preservation commission
for changes necessary for the issuance
of a certificate of appropriateness;
b. A repor~ from a licensed-engineer or
architect with experience in rehabili-
tation as to the structural soundness of
any structures and their suitability for
rehabilitation;
c. Estimated market value of the prop-
er~y in its current condition; after com-
pleX/on of the proposed construction, al-
teration, demolition or removal; altar
any changes recommended by the com-
§ 25-9
mission; and, in the case of a proposed
demolition, af%er renovation of the ex-
isting property for continued use;
d. In the case of a proposed demolition,
an estimate from an architect, devel-
oper, real estate consultant, appraiser
or other real estate professional expe-
rienced in rehabilitation, as to the eco-
nomic feasibility of rehabilitation or
reuse of the existing structure on the
property;
e. The amount paid for the property, the
date of purchase and the person from
whom purchased, including a descrip-
tion of the relationship, if any, between
the owner of record or the applicant
and the person from whom the prop-
erty was purchased, and any terms of
£mancing between the seller and buyer;
f. If the property is income-pcoducing, the
annual gross income from the property
for the previous two (2) years;
g. Itemized operating and maintenance
expenses foithe previous two (2) years;
and depreciation deduction and annual
cash flow before and after debt service,
if any, during the same period;
h. The remaining balance on any mor~-
gage or other financing secured by the
property and annual debt service, if
any, for the previous two (2) years;
i. All appraisals obtained within the pre-
vious two (2) years by the owner or ap-
plicant in connection with the pur-
chase, financing or ownership of the
property;
Any listing of the property for sale 9r
rent, price asked and offers received, if
any, within the previous two (2) years;
k. The assessed value of the property ac-
cording to the two (2) most recent as-
sessments;
1. The amount of real estate taxes for the
previous two (2) years and whethar or
not they have been paid;
m. The form o£ ownership or operation of
the property, whether sole proprietor-
ship, for-profit or not-for-profit corpora-
tion, limited partnership, joint venture
or other;
Supp. No. 4
152i
§
DUBUQUE CODE
Any other information considered nec~
essary by the commission to make a
determination as to whether the prop-
erty does yield or may yield any rea-
sonable economic reanm to the prop-
erty owner(s), including but not limited
to the income tax bracket of the own-
er(s) or applicant(s) or of ~he principal
investor(s) in the property.
(S) Determination of economic hardship. The
commission shall review all of~he evidence
and information required of an applicant
for a certificate of economic hardship; and
a. If the commission finds that disap-
proval of the proposed work would pre-
vent the property owner from earning
any reasonable economic return from
the property, the commission shall:
1. Immediately issue a certificate of
economic hardship; or
2. At its discretion, postpone, for a
period not to exceed one hundred
eighty (180) days, the issuance ora
certificate of economic hardship.
During this time, the commission
shall investigate strategies which
would allow the property owner to
earn a reasonable economic return
from the property. No regulated
permit shall be issued during this
time unless a certificate of appro-
priateness has been secured. If, at
the end of the one hundred
eighty-day period, the commission,
after a public meeting, finds that
the property owner still cannot
earn any reasonable economic re-
turn from the property, it shall
issue a cert/ficate of econon~ic hard-
ship.
b. If the commission finds, after initial re-
view or after the one hundred
eighty-day period of postponement, that
the property owner has, in fact, earned
or is able to earn a reasonable eco-
nomic return from the property, then
the commission shall deny the applica-
tion for a certificate of economic hard-
ship.
(i) No regulated permit shall be issued autho-
rizing a material change in appearance of a laud-
mark, landmark site or of a structure or site within
a Historic ~istrict until there is a determination of
no material effect or a certificate of appropriate-
ness or a certificate of economic hardship filed
with the building official or the city official au-
thorized to issue the necessary regulated permit.
(j) In the event the commission disapproves ora
proposed project, the notice of disapproval shall
be binding upon the building official, city engi-
neer or other local authority, and no permit shall
be issued in such a case.
(k) The fa/lure of the commission to approve or
disapprove an application for a certificate of ap-
propriateness w/thin s/xty (60) days from the da~e
of the filing of an application, unless an extension
is agreed upon mutually by the applicant and the
commission, shall be deemed to constitute ap-
proval, unless within such sixty (60) days the com-
mission has made a determination of economic
hardship and has suspended its decision regarding
a certificate of economic hardship pursuant to sub-
section (h)(8)a~2.
(Ord. Mo. 46-90, § 1, 6-21-90)
Sec. 25-10. Stsndards for review.
(a) The commission shall consider each design
review on the merits of the individual case, with
due deliberation given to each proposed change(s)
and its sympathetic relationship to the specific
historic setting, architectural or historic signifi-
cance, ex~en~ of previous alteration, use of orig-
inal materi~s and quality of design of the ex-
isting structure or site. Commission approval of a
particular type of alteration or activity sh~l not
establish a binding precedent for future commis-
sion action, but may constitute an additional factor
to be considered in subsequent design reviews in-
volving the same type of alteration or activity.
(b) "The Secretary of Interior's Standards for
Historic Preservation Projects," Washington, D.C.,
1979, and "The Secretary of the Interior's Stan-
dards For Rehabilitation and Guidelines for Reha-
bilitating Historic Buildings," Washington, D.C.,
Supp. No. 4
1522
HISTORIC PRESERVATION
§ 25-13
(Revised 1983), shall provide the guidelines by
which the commission shall review au application
for a certificate of appropriatoness or certificate of
economic hardship, and any subsequent revisions
of these guidelines by the Secretary of the Into-
rior may be adopted by the commission.
(c) The commission shall also be guided by any
design standards spec'flied in the ordinance or
amendment designating the landmark, landmark
site or historic district.
(Ord. No. 46-90, § 1, 5-21-90)
Sec. 25-11. Appeals from CO~l,~ission action.
(a) An aggrieved party may appeal the commis-
sion's action to the city council by fzling a notice
of appeal with the community and economic de-
velopment deparSment within thirty (30) days from
the date of notice of the commission's action.
(b) Upon F~ing of a notice of appeal, the com-
munity and economic development department
shall immediately transmit such notice aud the
record of* the action before the commission to the
city clerk.
(c) On appeal, the city council shall consider
only the record of the action before the commis-
sion. No new matter may be considered.
(d) The city council shall consider whether the
commission has exercised its powers and followed
the guidelines established by law aud the historic
preservation ordinance [this chapter], and whether
the commission's action was patently arbitrary or
capricious.
(e) The city council may afl'nun or reverse the
commission's action, or may refer the matter back
to the corara~ssion for such further action as may
be appropriate. The city clerk shall give written
notice of the city council's decision on appeal
within seven (7) days of the city council's decision
to the appellant and the historic preservation com-
mission.
(O An Appellant who is not satisfied by the de~
cision of the city council may appeal within sixty
(60) days of the city council's decision to the Dis-
trict Court for Dubuque County, pursuant to Iowa
Code Section 303.34.
(0rd, No. 46-90, § 1, 5-21-90)
Sec. 25-12. Inspection.
(a) After a certificate of*appropriateness or cer-
tificato of economic hardship has been issued and
a regulated permit granted to the applicant, the
building official, city engineer or other local au-
thority may from time to time inspect the work
authorized and shall take such action as is neces-
sary to enforce compliance with the approved
plans.
(b) Historic preservation commissioners may
from time to time inspect, from the public way,
the work authorized and shall advise the building
official or other enforcement authority as neces-
sary to enforce compliance with the approved
(Ord. No. 46-90, § 1, 5-21-90)
Sec. 25-13. Violations; penalties.
It shall be unlawful for any person to disobey,
omit, neglect or refuse to comply with any provi-
sion of this chapter, and such person shall be sub-
ject to the provisions of section 1-8 and sections
1-15 through 1-17 of th~ City of* Dubuque, Code of
Ordinances.
(Ord. No. 46-90, § 1, 5-21-90)
Supp. No. 4 [The nex~ page is 15691
1623