Demolition Districts - HistoricCITY OF DUBUQUE, IOWA
MEMORANDUM
June 14, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Demolition Districts
On April 16, the City Council adopted three amendments to the City Code regarding demolition
districts. In these districts, the Building Services Department cannot issue a demolition permit until
the City Council has reviewed the permit request. The amendments were as follows:
1. Establishment of a new demolition district for the area served by Dubuque Main Street Ltd.,
which is the study area for the Downtown Comprehensive Planning Process.
2. Addition of the Historic Preservation Commission's review of a demolition permit request in a
demolition district, with a recommendation to be transmitted from the HPC to the City Council
within 60 days.
3. Establishment of review critieria that the HPC is to use for these permit requests.
Originally, the City Council had the discretion to withhold a requested demolition permit for up to 90
days in a demolition district. This waiting period was to allow time to investigate the historical or
architectural significance of the building, and alternatives to its demolition. The City Council could
not deny the permit, however, under the original regulations.
With the amendments adopted in April, the City Council now has the option to approve, withhold
for 90 days, or deny the demolition permit. I do not feel that at that time I communicated the fact
that denial was being added as an option, so I wanted to make that point at this time.
Corporation Counsel Barry Lindahl has advised that if the City Council wants to have the option to
deny a permit, then we must establish standards for Council members to use when evaluating a
demolition request. After discussing this issue with Terry Mozena, HPC Chairperson, Planning
Services Manager Laura Carstens is recommending adoption of the standards currently used in
Historic Preservation Districts when demolition is being considered. The major differences are that
the City Council is the headng body, and not the HPC, and the property owner must go through this
process only for demolition, and not for building modifications.
I concur with the recommendation and respectfully request Mayor and City Council approval.
Michael C. Van Milligen, City Manager
CC
Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Rich Russell, Building Services Manager
Laura Carstens, Planning Services Manager
Terry Mozena, Histodc Preservation Commission
Icarsten/wp/rnvm/demomem3.doc
CITY OF DUBUQUE, IOWA
MEMORANDUM
June 15, 2001
TO:
FROM:
Michael C. Van Milligen, City Manager
Laura Carstens, Planning Services Manager
SUBJECT: Demolition Districts
INTRODUCTION
On April 16, the City Council adopted amendments to the City Code regarding demolition districts.
In these districts, the Building Services Department cannot issue a demolition permit until the
Historic Preservation Commission (HPC) and the City Council have reviewed the permit request.
The amendments, which were recommended by the HPC, were:
1. Establishment of a new demolition district for the area served by Dubuque Main Street Ltd.,
which is the study area for the Downtown Comprehensive Planning Process.
Adding the HPC's review of a demolition permit request in a demolition district, with a
recommendation to be transmitted from the HPC to the City Council within 60 days. The HPC
previously was not involved in the review process, because the demolition districts were
established prior to the creation of the Commission.
3. Establishment of review critieria that the HPC is to use for these permit requests.
This memo transmits further amendments to Section 11-4 of the City Code regarding demolition
districts. These amendments establish review criteria for HPC and City Council's review of
demolition permit requests, as recommended by Corporation Counsel Barry Lindahl and Terry
Mozena, Chairperson of the Historic Preservation Commission. The review criteda are divided into
two sets: historical or architectural significance, and economic.
BACKGROUND
The demolition districts were established in 1975. The HPC and the five historic districts were
established in 1979. In an historic district, review standards are more restrictive and extensive
than in demolition districts. These regulations are found in Chapter 25 of the City Code, the
Historic Preservation Ordinance.
In a historic district, any alteration to a structure that requires a permit and is visible from the
public right-of-way must be reviewed by the HPC. This includes new construction,
reconstruction, addition, restoration, removal, excavation or demolition. If the alteration is not a
significant change in appearance, then Planning Services staff can sign off on the permit.
Demolition Districts
page 2
If the alteration is significant, and the HPC determines that the proposed work will comply with
the review standards set forth in Chapter 25, or that preservation alternatives will enable the
project to comply with these standards, then the HPC can issue a certificate of appropriateness
for the project. This review must be conducted in 60 days.
If the alteration is significant, but does not comply with these review standards, then the HPC
can issue a certificate of economic non-viability if the HPC determines that denial of the
proposed work would prevent the property owner from earning any reasonable return on the
property. The HPC can take up to an additional 180 days to make this determination.
Appeals of HPC decisions for historic district properties are made to the City Council. From
there, appeals of City Council decisions go to district court.
In a demolition district, the only permit review is with respect to a request for a demolition permit.
The HPC serves as an advisory review body to the City Council. HPC recommendations must be
sent to the Council within 60 days of application. The City Council makes the final determination,
which must occur within 90 days of the permit application.
Prior to the recent ordinance amendment, the City Council had the discretion to withhold a
requested demolition permit for up to 90 days in a demolition district. This waiting period was to
allow time to investigate the historical or architectural significance of the building, and alternatives
to its demolition. The City Council could not deny the permit, however, under the demolition
ordinance.
With the amendments to the demolition ordinance adopted in April, the City Council now has the
option to approve, withhold for 90 days, or deny the demolition permit. The option of denial was not
communicated cleady in the information provided in the Council packets, and staff wanted Council
members to be aware of this provision.
Corporation Counsel Barry Lindahl has advised that if the City Council wants to have the option to
deny a permit, then we must establish review standards for Council members to use when
evaluating a demolition permit request in a demolition district to meet legal requirements. Without
these review criteria, Mr. Lindahl has advised that denial of a demolition permit request could result
in a claim of a denial of due process rights.
DISCUSSION
After discussing this issue with Terry Mozena, HPC Chairperson, and Mr. Lindahl, we have
developed review criteria for approval or denial of demolition requests in the demolition districts that
are based on the review standards established for building modifications in the historic districts.
The proposed review standards are divided into two sets: historical or architectural significance, and
economic. These review criteria shown in the attached ordinance, and are summarized below.
One set of review cdteria deals with the determination of whether the building proposed for
demolition is of historical or architectural significance to the community. The other set of review
cdteda deals with the determination of whether the property owner can earn a reasonable economic
return from the property if a demolition permit is denied.
In evaluating the historical and/or architectural significance of the building proposed for demolition,
Demolition Districts
page 3
the HPC can use research, reports, and surveys of Dubuque's historical and amhitectural resources.
The HPC can request input from the State Historical Society of Iowa as well. This process is similar
to that followed by the HPC in reviewing an application for a certificate of appropriateness in a
historic district.
For the economic review criteria, the HPC can investigate strategies to enable the owner to earn
a reasonable return from the property, seek opinions from experts, and ask the applicant to provide
information that can help the Commission formulate its recommendation to the City Council. The
information that the HPC can ask the applicant to provide is nearly identical to the application
requirements for a certificate of economic non-viability in a historic district.
After reviewing this information, the HPC must recommend approval of the demolition permit if it
determines that:
(1) The building proposed for demolition does not have historical or architectural significance
to the community; or
(2) The property owner cannot earn a reasonable economic return if the demolition permit is
denied.
The review standards for approval and denial described above for the HPC are reiterated for the
City Council's consideration of the proposed demolition. For demolition permits in demolition
districts, the City Council is the hearing body, and the HPC is an advisory board. Appeals of the City
Council's decision would go on to district court.
For comparison a mock up of the ordinance amendments is enclosed, which compares the existing
ordinance with the proposed amendments. New language is shown in bold, and deleted language
is crossed out.
RECOMMENDATION
Staff recommends that the City Council approve the enclosed ordinance that amends Section 11-4
of the City Code to establish review standards for the approval and denial of demolition permits in
demolition districts.
Enclosures
Barry Lindahl, Corporation Counsel
James O'Brien, Assistant City Attorney
Cindy Steinhauser, Assistant City Manager
Rich Russell, Building Services Manager
Terry Mozena, Historic Preservation Commission
Icarsten~Np/mvm/demomem4,doc
Prepared by: Laura Carstens, City Planner Address: City Hall. 50 W. 13th Street Telephone: 589-4210
ORDINANCE NO. 37-01
AN ORDINANCE AMENDING SECTION 11-4 OF THE CITY OF DUBUQUE
CODE OF ORDINANCES, WAITING PERIOD FOR DEMOLITION PERMITS.
BY AMENDING THE SECTION TITLE TO DEMOLITION PERMITS IN
DEMOLITION DISTRICTS; BY AMENDING SECTION 11-4(a) APPLICATION
OF SECTION; BY AMENDING SECTION 11-4(b) REVIEW BY THE HISTORIC
PRESERVATION COMMISSION; BY AMENDING SECTION 11-4(c) HISTORIC
AND ARCHITECTURAL GUIDELINES AND REVIEW CRITERIA; BY ADDING A
NEW SECTION 11-4(d) ECONOMIC GUIDELINES AND REVIEW CRITERIA;
AND BY ADDING A NEW SECTION 11-4(e) ACTION BY THE CITY COUNCIL.
Whereas, the City of Dubuque has established demolition districts to allow for the
City Council's review of demolition permits that might impact buildings of historic or
architectural significance in such districts; and
Whereas, the City Council has appointed the Historic Preservation Commission to
serve as an advisory review board for demolition permits in such districts; and
Whereas, the City Council desires to have review standards for the approval or
denial of demolition permits in such districts.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The section title to Section 11-4 of the City of Dubuque Code of
Ordinances is hereby amended to read as follows: Demolition Permits in Demolition
Districts.
Section 2. The opening paragraph of Section 11-4(a) of the City of Dubuque Code
of Ordinances is hereby amended to read as follows:
11-4(a) Application of Section: The provisions of this Section shall apply to all buildings
located in whole or in part within the following described demolition districts:
Section 3. Section 11-4(b) of the City of Dubuque code of Ordinances is hereby
amended to read as follows:
11-4(b) Review by the Histodc Preservation Commission. Upon receiving an
application for a demolition permit for any building subject to this section, the building
Ordinance No. - 01
Page 2
official shall immediately notify the Historic Preservation Commission of such
application.
At its next regular meeting, the Commission shall recommend to the City Council
approval or denial of the application, or table the application for additional information
for a specified period not to exceed sixty (60) days from the date of application to the
Building Services Department. A failure of the Commission to take action on the
application within the sixty (60) day period, unless the applicant requests an extension
of such time, shall constitute Commission approval thereof. The recommendation of the
Commission shall be transmitted to the City Clerk. The City Clerk shall transmit the
recommendation and the application within the sixty (60) day period to the City Council
for its consideration.
The Commission shall review all of the information submitted by the applicant and shall
make a determination as to the following:
(1) Whether the building proposed for demolition has histodc or architectural
significance to the community; and
(2) Whether denial of the proposed demolition permit would prevent the property owner
from earning a reasonable economic return on the property.
If the Commission finds that denial of the application would prevent the property owner
from earning a reasonable economic retum on the property, or that the building does
not have any historical or architectural significance to the community, the Commission
shall recommend approval of the application.
If the Commission finds that denial of the application would not prevent the property
owner from earning a reasonable economic return on the property and that the building
has historical or architectural significance to the community, the Commission shall
recommend denial of the permit application.
Section 4. Section 11-4(c) of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
11-4(c) Historic and architectural significance guidelines and review criteria. The report,
"Heritage of Dubuque~ dated March 1974 and filed on record on January 27, 1975, shatl
be considered as a comprehensive study for the historical preservation of the city and
as one of the guides to be considered at such time as a demolition permit is applied for
in a reference demolition district. The City of Dubuque's Historic Property Inventory and
any subsequent official architectural/historical surveys/evaluations and nominations to
the National Register of Historic Places prepared for any buildings located within the
neighborhoods described in subsection (a) also shall be considered as guidelines at
such time.
Ordinance No. - 01
Page 3
In determining whether a building has historic or architectural significance, the
Commission and the City Council shall consider an application for a demolition permit in
accordance with the standards for review set forth in the Secretary of the Interior's
Standards for Identification and Evaluation, and any subsequent revisions of these
standards and guidelines by the Secretary of the Interior. The Commission and the City
Council shall also consider a determination from the State Historical Society of Iowa as
to the potential eligibility for listing of the building proposed for demolition on the
National Register of Histodc Places.
Section 5. Section 11-4 of the City of Dubuque's Code of Ordinances is hereby
amended by adopting the following new subsection 11-4(d):
11-4(d) Economic Guidelines and Review Criteria. In determining whether to
recommend approval or denial of the application, the Commission and the City Council
may consider the information set forth in this subsection. The Commission and the City
Council may also investigate strategies which would allow the property owner to earn a
reasonable economic return on the property, may solicit expert testimony, and may
require that the applicant make submissions concerning any or all of the following
information:
(1) Estimate of the cost of the proposed demolition;
(2) A report from a licensed engineer or architect with experience in rehabilitation as to
the structural soundness of any structures and their suitability for rehabilitation;
(3) Estimated market value of the property in its current condition, after completion of
the proposed demolition, and after renovation of the existing property for continued
use;
(4) An estimate from an architect, developer, real estate consultant, appraiser or other
real estate professional experienced in rehabilitation, as to the economic feasibility
of rehabilitation or reuse of the existing structure on the property;
(5) The amount paid for the property, the date of purchase and the person from whom
the property was purchased, including a description of the relationship, if any,
between the owner of record or the applicant and the person from whom the
property was purchased, and any terms of financing between the seller and buyer;
(6) If the property is income-producing, the annual gross income from the property for
the previous two (2) years;
(7) Itemized operating and maintenance expenses for the previous two (2) years, and
the depreciation deduction and annual cash flow before and after debt service, if
any, during the same period;
Ordinance No. - 01
Page 4
(8) The remaining balance on any mortgage or other financing secured by the property
and annual debt service, if any, for the previous two (2) years;
(9) All appraisals obtained within the previous two (2) years by the owner or applicant
connection with the purchase, financing or ownership of the property;
(10) Any listing of the property for sale or rent, the price asked and offers received, if
any, within the previous two (2) years;
(11) The assessed value of the property according to the two (2) most recent
assessments;
(12) The amount of real estate taxes for the previous two (2) years and whether or not
they have been paid;
(13) The form of ownership or operation of the property, whether sole proprietorship,
for-profit or not-for-profit corporation, limited partnership, joint venture or other;
(14) Any other information considered necessary by the Commission to make a
determination as to whether the property does or may yield a reasonable economic
return to the property owner(s), including but not limited to the income tax bracket
of the owner(s) or applicants or the principal investor(s) in the property;
(15) Proof of the applicant's efforts to obtain financing, tax incentives, preservation
grants and other incentives sufficient to allow the applicant to earn a reasonable
economic return from the property in its current condition, and after renovation of
the existing property for continued use; and
(16) A showing of the applicant's efforts in ongoing maintenance and repair.
Section 6. Section 11-4 of the City of Dubuque's Code of Ordinances is hereby
amended by adopting the following new subsection 11-4(e):
11-4(e) Action by the City Council. At its next regular meeting following receipt of the
recommendation of the Commission by the City Clerk, the City Council shall hold a
hearing on the application for a demolition permit and shall approve, deny or withhold
action on the application for a specified period not to exceed ninety (90) days from the
date of application to the Building Services Department, unless the applicant requests
an extension of such time. If the City Council fails to take action to approve, deny or
withhold action on the application within the ninety (90) day period, or such extension
as requested by the applicant, the building official shall issue the permit forthwith.
The City Council may withhold action on the application to allow the City Council and
the Commission an opportunity to investigate the historical or architectural value of the
building to the community and to take such action as may be appropriate to encourage
Ordinance No. - 01
Page 5
its preservation. However, nothing in this section shall authorize the withholding by the
building official of a demolition permit for more than ninety (90) days from the date of
application to the Building Services Department, unless the applicant requests an
extension.
At the hearing, the City Council shall consider the recommendation of the Comm~ss~'on.
any information submitted to the Commission by the applicant and any information
submitted to the City Council by the applicant.
If the City Council finds that denial of the application would prevent the property owner
from earning a reasonable economic return on the property or that the building does not
have any historical or architectural significance to the community, the City Council shall
approve the application.
If the City Council finds that denial of the application would not prevent the owner from
earning a reasonable economic return on the property and that the building has
historical or architectural significance to the community, the City Council shall deny the
application.
If the City Council denies the application, it shall state its findings in wdting and shall
transmit a copy of such findings to the applicant.
Section 7. This ordinance shall not apply to an application for a demolition permit
for the building located at 841-846 Central Avenue.
Section 8. This ordinance shall take effect immediately upon publication, as
provided by law.
Attest:
Passed, approved and adopted this 18th day of June, 2001.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Icarsten,~p/Hpc/dernodenialstds,doc
MOCK UP OF ORDINANCE AMENDMENTS FOR DEMOLITION DISTRICTS
ORDINANCENO.
-01
AN ORDINANCE AMENDING SECTION 11-4 OF THE CITY OF DUBUQUE
CODE OF ORDINANCES, WAITING PERIOD FOR DEMOLITION PERMITS,
BY AMENDING THE SECTION TITLE TO DEMOLITION PERMITS IN
DEMOLITION DISTRICTS; BY AMENDING SECTION 11-4(a) APPLICA T/ON
OF SECTION; BY AMENDING SECTION 11-4(b) REVIEW BY THE HISTORIC
PRESERVATION COMMISSION; BY AMENDING SECTION 11-4(c) HISTORIC
AND ARCHITECTURAL GUIDELINES AND REVIEW CRITERIA; BY ADDING A
NEW SECTION 11-4(d) ECONOMIC GUIDELINES AND REVIEW CRITERIA;
AND BY ADDING A NEW SECTION 11-4(e) ACTION BY THE CITY COUNCIL.
Whereas, the City of Dubuque has established demolition districts to allow for the
City Council,s review of demolition permits that might impact buildings of historic or
architectural significance in such districts; and
Whereas, the City Council has appointed the Histodc Preservation Commission to
serve as an advisory review board for demolition permits in such districts; and
Whereas, the City Council desires to have review standards for the approval or
denial of demolition permits in such districts.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The section title to Section 11-4 of the City of Dubuque Code of
Ordinances is hereby amended to read as follows: ~/e4~-~r~¢ Demolition
Permits in Demolition Districts.
Section 2. The opening paragraph of Section 11-4(a) of the City of Dubuque Code
of Ordinances is hereby amended to read as follows:
11-4(a) Application of Section: The provisions of this Section shall apply to all buildings
located in whole or in part within the following described ¢~¢:¢¢~hee~
demolition districts:
Section 3. Section 11-4(b) of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
Ordinance No..__ - 01
Page 2
11-4(b) '""'"*¢ ......... ¢*~ .... '~"'~ ""'~ "'~"¢ ........ ¢ .... '
D~ ........... ~ ........ u ,. ................ ~ ....... Rewew by the Histodc
Prese~ation Commission. Upon receiving an appli~tion for a demolition permit for any
~subject to this se~ion, the building official shall immediately noti~ the Historic
Prese~ation Commission of such application.
................. on to either shall
At its next regular meeting, the Commission ............
recommend to the City Council approval or denial of the application, or te table the
¢emel;,tiet~l~m~ application for additional information for a specified period not to
exceed sixty (60) days from the date of fferm~ application to the Building Services
Department. A failure of the Commission to take action on the
application within the sixty (60) day ............. period, unless the applicant(e)-fe~e
,~'-~--~;*~'-'- ,. ......... ., .... ~ requests an extension of such time, shall constitute
Commission approval thereof. The recommendation of the Commission, ~
a~ .................. ~. ....... shall be transmitted to the City Clerk. The City Clerk shall
transmit the recommendation ''~ +~"- ~'""~';°~;~" ;~ .~,-,~h,.,.,..-,~ .... ,~ +r,~
~ and the application within the sixty (60) day ............. period to the City Council
for its consideration.
The Commission shall review all of the information submitted by the applicant
and shall make a determination as to the following:
(I) Whether the building proposed for demolition has historic or architectural
significance to the community; and
(2) Whether denial of the proposed demolition permit would prevent the property
owner from earning a reasonable economic return on the property.
If the Commission finds that denial of the application would prevent the property
owner from earning a reasonable economic return on the property, or that the
building does not have any historical or architectural significance to the
community, the Commission shall recommend approval of the application.
If the Commission finds that denial of the application would not prevent the
property owner from earning a reasonable economic return on the property and
that the building has historical or architectural significance to the community, the
Commission shall recommend denial of the permit application.
Section 4. Section 11--4(c) of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
11-4(c) Historic and architectural significance guidelines ~ and review
criteria. The report, "Heritage of Dubuque" dated March 1974 and filed on record on
January 27, 1975, shall be considered as a comprehensive study for the historical
preservation of the city and as one of the guides to be considered at such time as a
Ordinance No. - 01
Page 3
demolition permit is applied for in a reference Reighl~rhe~ demolition district. Any
The City of Dubuque's Historic Property Inventory and any subsequent official
architectural/historical surveys/evaluations and nominations to the National Register of
Historic Places prepared for any buildings located within the Reighborheeds demolition
districts described in~._..~...~..~-. subsection (a) ef-this-se~tien also shall be considered
as guidelines at such *~ .... ~ '~'~'~""+; ...... ~*; .... ';~'~ ~- ;"" -~ .... ""
determining whether a building has historic or architectural significance, the
· ' ' Commission and the City Council shall consider
an application for a demolition permit in accordance with the standards for review set
forth in ~"*~"- o~ -m .,~ ,~o ~-,,.~ .,. r~..~ ...... the Secretary of the Interior's
Standards .................... .~,~,~ ~,,~.v.....~ ~... ~.~o~.;~;,o,;..~ ~i..,..,~,. ~,,;~,~,~,~o
Identification and Evaluation, and any subsequent revisions of these standards and
guidelines by the Secretary of the Interior sba!! .....
.................................. ~ ................ on. The Commission and the
Council shall also consider a determination from the State Historical Society of
Iowa as to the potential eligibili~ for listing of the building proposed for
demolitio~ on the National ~egister of Historic Places.
Section 5. Section 11-4 of the City of Dubuque's Code of Ordinances is hereby
amended by adopting the following new subsection 11-4(d):
I t-4(d) Economic Guidelines and Review Criteria. In determining Whether to
recommend approval or denial of the application, the Commission and the City
Council may consider the information set forth in this subsection. The
Commission and the City Council may also investigate strategies which would
allow the property owner to earn a reasonable economic return on the property,
may solicit expert testimony, and may require that the applicant make
submissions concerning any or all of the following information:
(1) Estimate of the cost of the proposed demolition;
(2) A report from a licensed engineer or architect with experience in rehabilitation
as to the structural soundness of any structures and their suitability for
rehabilitation;
(3) Estimated market value of the property in its current condition, after
completion of the proposed demolition, and after renovation of the existing
property for continued use;
(4) An estimate from an architect, developer, real estate consultant, appraiser or
other real estate professional experienced in rehabilitation, as to the
Ordinance No, - 01
Page 4
economic feasibility of rehabilitation or reuse of the existing structure on the
property;
(5) The amount paid for the property, the date of purchase and the person from
whom the property was purchased, including a description of the relationship,
if any, between the owner of record or the applicant and the person from
whom the property was purchased, and any terms of financing between the
seller and buyer;
(6) If the property is income-producing, the annual gross income from the
property for the previous two (2) years;
(7) Itemized operating and maintenance expenses for the previous two (2) years,
and the depreciation deduction and annual cash flow before and after debt
service, if any, during the same period;
(8) The remaining balance on any mortgage or other financing secured by the
property and annual debt service, if any, for the previous two (2) years;
(9) All appraisals obtained within the previous two (2) years by the owner or
applicant in connection with the purchase, financing or ownership of the
property;
0) Any listing of the property for sale or rent, the price asked and offers
received, if any, within the previous two (2) years;
(11) The assessed value of the property according to the two (2) most recent
assessments;
(12) The amount of real estate taxes for the previous two (2) years and whether or
not they have been paid;
(13) The form of ownership or operstJon of the property, whether sole
proprietorship, for-profit or not-for-profit corporation, limited partnership,
joint venture or other;
(14) Any other information considered necessary by the Commission to make a
determination as to whether the property does or may yield a reasonable
economic return to the property owner(s), including but not limited to the
income tax bracket of the owner(s) or applicants or the principal investor(s) in
the property;
(15) Proof of the applicant's efforts to obtain financing, tax incentives,
preservation grants and other incentives sufficient to allow the applicant to
earn a reasonable economic return from the property in its current condition,
and after renovation of the existing property for continued use; and
Ordinance No. - 01
Page 5
(16) A showing of the applicant's efforts in ongoing maintenance and repair.
Section 6. Section 11-4 of the City of Dubuque's Code of Ordinances is hereby
amended by adopting the following new subsection 11-4(e):
11-4(e) Action by the City Council. At its next regular meeting following receipt of
the recommendation of the Commission by the City Clerk, the City Council
......................... ~-~ ......... ¢, - ................ shall hold a hearing
on the application for a demolition permit and shall approve, deny or withhold
=ddJticn=l [nfcrmct!cn action on the apPlication for a specified period not to exceed
ninety (90) days from the date of application to the Building Se~ices DepaAment,
unless the apPlicant requests an e~ension of such time. If the City Council fails to
take a~ion to approve, deny or withhold ~ action on the
............. period,. .................. =cn or such
application within the ninety (90) day ':~*:~ ' "~*
e~ension as requested by the appli~nt~, the building official shall issue the permit
The purpcse of this waiting period is to en-~b!s4he City Council may withhold action
on the application to allow the City Council and the Commission ~n
opportunity to investigate the historical or architectural value of the building to the
community and to take such action{s} as may be appropriate to encourage its
preservation. However, nothing in this section shall authorize the withholding by the
building official of a demolition permit for more than ninety (90) days from the date of
application to the Building Services Department, unless the applicant{*s)-reqaest(~
requests an extension.
At the hearing, the City Council shall consider the recommendation of the
Commission, any information submitted to the Commission by the applicant and
any information submitted to the City Council by the applicant.
If the City Council finds that denial of the application would prevent the property
owner from earning a reasonable economic return on the property or that the
building does not have any historical or architectural significance to the
community, the City Council shall approve the application.
If the City Council finds that denial of the application would not prevent the owner
from earning a reasonable economic return on the property and that the building
has historical or architectural significance to the community, the City Council
shall deny the application.
If the City Council denies the application, it shall state its findings in writing and
shall transmit a copy of such findings to the applicant.
Ordinance No. - 01
Page 6
Section 7. This ordinance shall not apply to an application for a demolition permit
for the building located at 841-846 Central Avenue,
Section 8. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this day of
,2001.
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
JcarstenAvp/Hpc/demodenialstds-mockup.doc