Loading...
Demolition Permits Building CodCITY OF DUBUQUE, IOWA MEMORANDUM January 29, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Amendment to Building Code Re: Demolition Districts Currently there are sections of the City that are covered by two separate and distinct processes to receive a demolition permit. Chapter 25 regulates demolition in historic preservation districts, and Chapter 11 regulates the activity in demolition districts. Planning Services Manager Laura Carstens and Building Services Manager Rich Russell are recommending where that overlap exists the ordinance provide that the applicant must follow the more stringent requirements under Chapter 25. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Laura Carstens, Planning Services Manager Rich Russell, Building Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM January 24, 2001 TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manage~----.~ Rich Russell, Building Services Manager~'[~ SUBJECT: Amendment to Building Code re: Demolition Districts INTRODUCTION This memo transmits an amendment to Chapter 11, Buildings and Building Regulations, of the City Code pertaining to demolition districts. The proposed amendment excludes those portions of the demolition districts that are in historic districts from the regulations of Chapter 11, since the histodc districts are regulated more stringently under Chapter 25, Historic Preservation. Maps of the seven demolition districts and the five historic districts are enclosed. DISCUSSION Section 11-4 was adopted on 1976 by the City Council to establish a waiting period for demolition permits within the seven demolition districts. This code section requires the Building Services Manager to notify the City Council of any application for a demolition permit for any building in the demolition districts. The Building Services Manager is prohibited by this code section from issuing any such demolition permit until the City Council has reviewed the permit request. The City Council can approve the demolition permit or withhold the permit for up to 90 days. The intent of this discretionary waiting period is for the City Council "to have time to investigate the historical or architectural value of the building to the community and take such action(s) as may be appropriate to ensure or encourage its preservation." In 1977, the City Council adopted Chapter 25, which was the initial Historic Preservation Ordinance. At that time, the City Council also established the five historic districts and seven landmark sites. Portions of the demolition districts are in these historic districts, because the boundaries and regulations were not adjusted at that time. None of the landmark sites lie within the demolition districts. We became aware of this overlap in areas and regulations recently. RECOMMENDATION To eliminate this confusion of overlapping regulations, we believe that the portions of demolition districts that are within historic districts should be exempted from the Building Code (Chapter 11), and instead be regulated by the Historic Preservation Ordinance (Chapter 25). The Historic Preservation Ordinance is more restrictive, and is the City Code that we apply to buildings that are in both districts. For clarity, we recommend that the City Council adopt the proposed amendment to Chapter 11 pertaining to demolition districts. The amendment would allow the boundaries of the demolition districts to remain intact, but their application would be to buildings that lie outside of historic districts or landmark sites. Enclosures ]carsten/~,p/mvrn/demomem.wpd Prepared by: Laura Carstens~City Planner Address: City Hallr 50 W. 13th St., Dubuque~ Iowa Telephone: 589~-210 ORDINANCE NO. 6-01 AN ORDINANCE AMENDING CHAPTER 1 1 (BUILDINGS AND BUILDING REGULATIONS) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 11-4 PERTAINING TO WAITING PERIOD FOR DEMOLITION PERMITS. Whereas, Section 11-4 of the City Code pertains to a discretionary waiting period for demolition permits in seven demolition districts; and Whereas, portions of these demolition districts include buildings that are within historic districts that are regulated by Chapter 25, Historic Preservation, of the City Code; and Whereas, the exemption of buildings that are regulated by Chapter 25 from the requirements of Section 11-4 eliminates an overlap in regulations. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11-4 (a) is hereby amended as follows: (a) App/ication of Section: The provisions of this Section shall apply to all buildings located in whole or in part within the following described neighborhood areas, except where the building{s) are part of a historic district or landmark site regulated by Chapter 25, Historic Preservation, of the City Code: Section 2. That this amendment shall take effect upon publication as required by law. Passed, approved and adopted this 5t h day of February , 2001. Terrance M. Duggan,, Mayor // Attest: Jeanne F. Schneider, City Clerk Icarsten/wp/mvm/demodist.ord ~ re~g ula- STATE OF IOWA DUBUQUE COUNTY { SS: CERTIFICATION OF PUBLICATION I, KAT?IY HEFEL.GOETZ~NGEI"i a Billing Clerk for Woodward Cmnmunications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify th~at the attache~d, notice was published in said newspaper on the following dates ~/~ r'~o-,~ , 20 ~[ , and for which the charge ]s $ /og;~g~-~ Subscribed to before me, a Notary Public in and for Dubuque County, this ,~ day of~-~_ J.._ ~ -, ~./_ 20 ~. Iowa, Notar~ P-~c in and for ~)'~b~e § 11-3 DUBUQUE CODE action has been initiated for the purpose of securing a zoning reclassification. The period of such prohibition ~h~ll extend from the date of the official act of the Pl~g ~ud Zoning Com~ mission calling for a public hearing on such zoning reclassification up to and including the date of final action of the City Council upon such zoning reclassification. (1976 Code, § 10-4) Sec. 11-4~ Waiting Period For Demolition Permits: (a) Application Of Section: The previsions of this Section shah apply to all buiJdin~ located in whole or in part within the following de- scribed neighborhood areas: (1) Fourth Street Neighborhood: Beginning at the intersection of Seventh and Bluff Streets, thence southerly along Bluff Street to its intersection with West Fifth Street; thence westerly along West Fifth Street to its intersection with the north- erly extension of Raymond Street; thence southerly along Raymond Street and its northerly and southerly extensions to its intersection with West Th/rd Street; thence easterly along West Third Street to its intersection with St. Mary's Street; thence southerly along St. Mary's Street to its intersection with Emmett Street; thence easterly along F~mmett Street to its intersection with Bluff Street; thence southerly along Bluff Street to its inter- section with First Street; thence e~sterly along First Street to its intersection with the alley between Bluff and Locust Streets; thence northerly along the Supp. No. 45 660.2 BUILDINGS AND BUILDING REGULATIONS § 11-4 alley between Bluff and Locust Streets to its intersection with West Fifth Street; thence easterly along West Fifth Street to its intersection with Locust Street; thence northerly along Locust Street to its inter- section with Seventh Street; thence west. erly along Seventh Street to its intersec- tion with Bluff Street which is the point of beginning. (2) Fenelon Place Neighborhood: Beginning at the intersection of West Fifth and Burch Streets, thence southerly along Buech Street to its intersection with West Third Street; thence easterly along West Third Street to its intersection with the southerly extension of Raymond Street; thence north- erly along Raymond Street and its south- erly and northerly extensions to its inter- section with West Fifth Street; thence westerly along West Fh%h Street to its in- tersection with Butch Street which is the point of beginning. (3) Third Street Neighborhood.~ Beginning at the intersection of West Third and Hill Streets thence southwesterly along Hill Street to its intersection with Langworthy Street; thence northwesterly along Lang- worthy Street to its intersection with Al- pine Street; thence northeasterly along Al- pine Street to its intersection with West Third Street; thence northwesterly along West Third Street to its intersection with Nevada Street; thence northeasterly along Nevada Street to its intersection with West FL°ch Street; thence southeasterly along West Fifth Street to its intersection with Alpine Street; thence southerly along Al- pine Street to its intersection with Melrose Terrace; thence southeasterly along Melt rose Terrace and its southeasterly exten- sion to its intersection with Winona Street; thence southwesterly along Winona Street to its intersection with West Third Street; thence southeasterly along West Third Street to its intersection with Hill Street which is the point of beginning. (4) Washington Slreet Neighborhood: Begin- ning at the intersection of Sixteenth and (5) (6) WAshington Streets thence westerly along Sixteenth Street to its intersection with Jackson Street; thence northerly along Jackso~ Street to its intersection with Eigh- teenth S~reet; thence westerly along Eigh~ teenth Street to its intersection with Cen- tral A~enue; thence southerly along Centrall Avenue to its intersestion with Fourteenth Street; thence easterly along Fourteenth Street to its intersection with Washington Street; thence northerly along Washington Street to its intersection with Sixteenth Street which is the point of be- girming~ Jackson Park Neighborhood: Beginning at the intersection of Fourteenth Street and Central ~venue thence Westerly along Four- teenth Street to its intersection with Iowa Street; thence southerl~ along Iowa Street to its intersection with Tenth Street; thence westerly along Tenth Street to its intersec- tion wish Bluff Street; thence northerly along B~uff Street to its intersection with Locust Street; thence northwesterly along Leeust Street to its intersection with Ellis Street; thence northerl~ along Ellis Strset and its northerly extension to its intersec~ tion with Clarke Drive; thence northwest- erly along Clarke Driv~ to its intersection with paul Street; thence northeasterly along Paul Street to it~ intersection with Lowell Street; thence southeasterly along Lowell Street to its interSection with North Main Street; thence southerly along North Main Street to its interSection with Clark Drive; thence southeasterly along Clarke Drive and its southeasterly extension to its intersection with Central Avenue; thence southerly along Central Avenue to its tereectiOn with Fourteehth Street which is the point of beginning. est Eleventh Street Neighborhood: Begm~ ning at ~e intersection o£ Ninth and Bluff Streets thence westerly along Ninth Street to its intersection with University Avenue; thence Westerly along UniverSity Avenue to its intersection wi~h Spruce Street; thence ~ortherly along Spruce S~reet to its interse~ion with West Eleventh Street; 661 DUBUQUE CODE thence westerl~v along West Eleventh Street to its intersection with Walnut Street; thence northerly along Walnut Street to its intersection with Lores Boulevard; thence westerly along Lores Boulevard to its tersection with Cox Street; thence north- erly along Cox Street to its intersection with the westerly extension of West Sixteenth Street; thence easterly along West Six- teenth Street and its westerly extension to its intersection with Montrese Terrace; thence northerly along the northeasterly ex- tension of Montrose Terrace to its intersec- tion with West Lecu~ Street; thence south~ easterly along West I~cnst Street to its intersection with Bluff Street; thence south- erly along Bluff Street to its intersection with Ninth Street which is the point of be- g~nning. (7) Broadway Street Neighborhood: Beginning at the intersection of V~est Twenty-third Street and Central Avenue thence westerly along V~%st Twenty-third Street to its inter- section with Lewis Street; thence northwest- erly along Lewis S~u~et to its intersection with Fulton Street; thence northerly along Fulton Street to its intersection with King Street; thence easterly along King Street and its easterly extension to its intersec~ tion with Central Avenue; thence south- erly along Centxul Avenue to its intersec- tion with West Twenty-third Street which is the point of beginning. Co) Discretionary waiting period Upon receiving an application for a demolition permit for any building located in whole or in part within the areas described in paragraph (a) of this section, the building commissioner shall immediately they the city council of such application. At its next regular meeting the council must then take formal action to either approve or withhold the demolition permit for a specified period not to ex- teed ninety (90) days. If the council fails to take aetion to appreve or withhold the demolition permit at its next regular meeting, the building commissioner shall issue the permit for~with. The eeuncil may in its dis~etion withhold the demo- litton permit whenever it determines that the building for which the permit is sought may be of historical or architectural significance t4) the city. The purpose of this waiting period is to enable the council to have time to investigate the historical or architectural value of the building to the com- muulty and to take ~uch action(s} as may- be ap~ propriate to ensure or encourage its preservation. However, nothing in this section shall authorize the withholding by the building commissioner of a demolition permit for more than ninety (90) days following notification of council of application for such permit. (c) Guidelines. The report, ~The Heritage of Dubuque" dated March 1974 and filed of record on January 27, 1975. shall be considered as a com- prehensive study for the historical preservation of the city and one of the guides to be considered at such time as a demolition permit is applied for in a reference neighborhood. (Code 1976, § 10-5) Cross reference--Demolition of structures in historic dis- tricts prohibited, exception, § 25-12. Secs. 11-5--11-20. Reserved. ARTICLE H. DANGEROUS BUILDINGS* Sec. 11-21. Purpose. and scope. (a) It is the purpose of this article zo provide a just, equitable and practicable method to be cu- mulative with and in addition to any other x~emedy provided by the bull(ting code, housing code or otherwise available at law, whereby b~aildings or struetures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaire~d, vacated or demolished. Co) The provisions of this article shall apply to all dangerous buildings, as herein defi~ed, which are now ~n existence or which may hereafter be- come dangerous in the City of Dubuque *Cross reference~_Buil~ng construction, d~molitlon and moving, § 11~56 et seq.; pr ~c~dure for abatemegt of sub~an- dard buildings, dwelling units and tots v~uder hqusKng code, § 662 DEMOLITION DISTRICTS 1-Fourth Street Neighborhood 2-Fenelon Place Neighborhood 3-Third Street Neighborhood 5-Jackson Park Neighborhood 6-West Eleventh Street 7-Broadway Street Neighborhood 800 1600 Feet CUST HISTORIC PRESERVATION DISTRICTS 3 2 JACKSON PARK W. llth STREET LANGWORTHY 5 OLD MAIN CATHEDRAL Lo~tion of Historic Distri~$ 'i and Demolition Districts Demolition Districts I~stodc Districts / /