Historic Pres. Ord amendmentsPrepared by: Laura Carstens. City Planner Address: City Hall, 50 W. 13th Street Telephone: 589-4210
ORDINANCE NO.
-01
ORDI'NANCE AMENDI'NG CHAPTER 25 (HTSTORZC PRESERVATTON)
OF THE CODE OF ORDI'NANCES OF THE CI'TY OF DUBU(~UE
Whereas, the Historic Preservation Commission has recommended amendments to
Chapter 25 (Historic Preservation Ordinance) of the Code of Ordinances of the City of
Dubuque, at the direction of the Dubuque City Council; and
Whereas, the City Council finds that the recommended amendments to the Historic
Preservation Ordinance are consistent with the goals and objectives of the Comprehensive
Plan and the purpose and intent of the Historic Preservation Ordinance.
NOW, THEREFORE, BE 1m ORDAINED BY THE C1TY COUNCIL OF THE C1TY OF
DUBUQUE, IOWA:
Section 1. That Chapter 25 (Historic Preservation Ordinance) of the Code of Ordinances
of the City of Dubuque is hereby amended as shown on Exhibit A.
Section 2. The foregoing amendment has heretofore been reviewed by the Historic
Preservation Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided
by law.
Passed, approved and adopted this day of
,2001.
Attest:
-~ Terrance M. DL~j~jan, Mayor
Jeanne F. Schneider, City Clerk
F:\USERS\Icarsten\wp\Council\HPOarnend. ORD,doc
Planning Services Department
50 West 13th Street
Dubuque, Iowa 520014864
Phone (319) 589-4210
Fax (319) 589-4221
February 9, 2001
The Honorable Mayor and City Council
City of Dubuque
50 W. 1 3TM Street
Dubuque, IA 52001
RE: Recommended Amendments to the Historic Preservation Ordinanc~> ~
Dear Mayor and City Council Members:
This letter transmits the recommendations of the Historic Preservation Commission and
the Preservation Task Force for amendments to the Historic Preservation Ordinance.
Commission and Task Force members will be available to answer questions when the
City Council considers these amendments at your February 19, 2001 meeting.
In April 1999, the City Council directed the HPC to review and update the Historic
Preservation Ordinance. This request was made because problems and deficiencies
in the existing Ordinance had been the cause of recent conflicts. We believe that we
have addressed these issues with the recommended amendments.
The amendments are highlighted below, with more extensive information on each
recommendation provided in the enclosed summary. The actual amendments within
the body of the Historic Preservation Ordinance are enclosed as well, with text to be
deleted crossed out and new text shown on bold print. Our recommendations are:
Add a Preservation Alternatives step to the design review process, between the
step for a Certificate of Appropriateness and the step for a Certificate of
Economic Hardship. The Preservation Alternatives step would require a property
owner to attempt to obtain financial incentives and restoration alternatives
sufficient for the owner to earn a reasonable economic return. Financial
incentives could include financing, tax credits, preservation grants or other
incentives. Restoration alternatives could include different materials, techniques
or methods.
Rename the Certificate of Economic Hardship step to Certificate of Economic
Non-Viability, and replace the term "economic hardship" with "economic non-
viability"throughout the ordinance. This change will shift the economic analysis
from the person to the property, allowing for greater objectivity.
Service People Integrity Responsibility innovation Teamwork
Page 2 of 2
3. Prohibit Demolition by Neglect, and require that owners of historic property keep
their real estate in good repair.
Substitute the Long Range Planning Advisory Commission for the Zoning
Advisory Commission, for the review of nominations, amendments and
recissions for designations of landmarks, landmark sites and historic districts.
Allow the Historic Preservation Commission to serve as an advisory design
review body for public works projects that occur within historic districts or for
alterations of landmarks or landmark sites, and that would result in a material
change in appearance or be visible from the public way.
Amend the Historic Preservation Ordinance with regard to definitions, City
responsibilities and federal standards for prehistoric and historic archaeological
sites, as recommended by the State Historic Preservation Office.
The Historic Preservation Commission and the Preservation Task Force recommend
that the City Council adopt the enclosed amendments to the Historic Preservation
Ordinance.
Sincerely,
Terry Mozena, Chairperson
Historic Preservation Commission
Enclosures
Cc
Historic Preservation Commission
Preservation Task Force
Icarsten/wp/Council/hpordamend.[tr,doc
CDH
CENTER FOR DUBUQUE HISTORY
Wahlert Memorial Librar-3, · P.O. Box 178 · Dubuque, Iowa 52004-0178 Phone (319) 588-7163 · Fax: (319) 588-7292
18 February 2001
The Honorable Mayor and City Council
City of Dubuque-
50 W. 13th Street
Dubuque, IA 52001
RE: Recommended Amendments to the Historic Preservation Ordinance
Dear Mayor and City Council Members:
I am asking you to support the recommendations of the Historic Preservation Commission
and the Preservation Task Force for amendments to the Historic Preservation Ordinance
(Chapter 25).
The Preservation Task Force has spent considerable time addressing the concerns which City
Council Members and staff members expressed over a year ago. City Council has asked the
HPC to become more pro-active and less reactive in recent years. I believe the preservation
initiatives and incentives contained in these amendments go a long way toward meeting this
challenge.
The City of Dubuque, Dubuque Area Chamber of Commerce, and the Dubuque County
Historical Society have formed a tremendous parmership and the America's River Project is
becoming a reality. Millions of dollars are being invested in our riverfront, creating
oppommities for economic growth and revitalization, tourist attractions, recreational facilities
and attractive gateways to our community. This will certainly enhance our economic
prosperity and quality of life.
The historic, architectural and cultural resources of Dubuque's historic landmarks, sites,
districts, downtown and neighborhoods are also extremely important to the economic
prosperity and quality of life. These resources, like the Mississippi River, help form
Dubuque's unique identity. The river was here long before these things, but it has been the
unique historic, architectural, and cultural resources that have truly brought our community to
where it is today. We can ill afford to neglect this segment of our identity while putting all of
our resources and energy into the riverfront development.
A Native American proverb says "He who neglects the past, risks losing the vision of the
future." I urge your support for these amendments which allow us to keep the vision of the
future without neglecting the past which has brought our community to where it is today.
Thank y~gt3~rv%Ltt~ ~fi~s,~ation of this reauest.
'~ ~'~',~ ;~!U ~ Sincerely,
/~L~ ~..)~ Michael D. Gibson
Director
SUMMARY DISCUSSION OF RECOMMENDED
AMENDMENTS TO THE HISTORIC PRESERVATION ORDINANCE
Review by the City Council on February 19, 2001
Through review and discussion of the research and analysis provided by City staff and the
State Historic Preservation Office, the HPC and Preservation Task Force identified possible
changes to the Historic Preservation Ordinance that respond to the City Council's direction.
The Commission and the Task Force also identified modifications and enhancements to
existing incentives in their review and update of the Historic Preservation Ordinance.
Recommendation #1: Amend the design review process to add a Preservation Alternatives
step, between the step for a Certificate of Appropriateness and the step for a Certificate of
Economic Hardship. The Preservation Alternatives step would require a property owner to
attempt to obtain financial incentives and restoration alternatives sufficient for the owner to
earn a reasonable economic return. Financial incentives could include financing, tax credits,
preservation grants or other incentives. Restoration alternatives could include different
materials, techniques or methods.
The design review process in the Historic Preservation Ordinance provides for a staff-only
review and a Commission review. The Commission review is proposed to have the
additional ~Preservation Alternatives" step described below.
Staff-Only Review
Exterior improvements to historic properties that require only a staff review are changes that
have ~no material effect" on the appearance of the building. For example, if a property
owner replaces or repairs the roof shingles on a building with the same material, or with a
more historically appropriate material, staff will sign off on the required permit.
Commission Review
If the proposed improvements do not qualify for a staff-only review, then the HPC must
review and approve the project before the building permit can be issued and work begun.
The Commission proposes the following design review process:
Current Step: Certificate of Appropriateness -- This step is for projects that create a
'material effect" on the appearance of a structure, such as replacing a tile or slate roof with
asphalt shingles or installing vinyl siding over wood clapboard siding or brick.
Suggested New Step: Preservation Alternatives -- The property owner would be required to
attempt to obtain financing, tax credits, preservation grants or other incentives sufficient for
the owner to earn a reasonable economic return. This step refers to beth financial
incentives and restoration alternatives, such as different materials, techniques or methods.
This step would be for projects that have not been approved for a Certificate of
Appropriateness upon initial review.
Current Step: Certificate of Economic Hardship -- This step presently is for projects that
have not been approved for a Certificate of Appropriateness. Our proposal is to include
those projects for which the suggested Preservation Alternatives step does not make a
sufficient economic impact. The documentation for this step is quite extensive, because the
applicant must show that disapproval of the proposed work would prevent the owner from
earning a reasonable economic return.
The purpose of this step is to have property-owners research preservation alternatives and
funding opportunities that would improve the economics of the project and be more
historically appropriate. The intent of this new step is twofold: 1 ) to avoid having the
property owner proceed to the next step...a Certificate of Economic Hardship, which is very
complicated and time-consuming; and 2) to reduce the number of appeals of HPC decisions
by having the applicant research preservation techniques and financing options.
For many applicants, this new step may be difficult due to their unfamiliarity with grant
programs, financing options or alternate rehabilitation methods or materials. With a full-time
Historic Preservation Planner, the Commission would be able to provide the applicant with
the in-house expertise and established partnerships to adequately research and evaluate
preservation alternatives.
Recommendation #2: Rename the Certificate of Economic Hardship to Certificate of
Economic Non-Viability, and replace the term 'economic hardships with =econornic non-
viability" throughout the Ordinance.
After denial of a Certificate of Appropriateness, the next step in the current design review
process is an application for a Certificate of Economic Hardship. The documentation for this
step is quite extensive, because the applicant must show that disapproval of the proposed
work would prevent the owner from earning a reasonable economic return. This step could
be renamed to Certificate of Economic Non-Viability, because it deals more with the
economic viability of a property than with an economic hardship. The term ~non-viability"
also is more objective, because it shifts the analysis from the person to the property.
Recommendation ~3: Prohibit Demolition by Neglect.
This proposal is intended to help control neglect before it gets to the point where the
property owner requests changing or replacing the structure's original materials or simply
demolishing the structure. What we are trying to accomplish with this proposal is to stop a
small problem before it becomes a large problem, and to offer information and assistance to
property owners on preventative maintenance.
We have heard complaints and concerns from residents and property owners in historic
districts about vacant, abandoned and neglected buildings that contribute to reduced
property values and diminished neighborhood pride. We believe that the owners of historic
property should be expected to keep their property in good repair. The City should not
allow the owners of historic property to change or remove the property's historic or
architectural features, or to demolish the property, when their inability to earn a reasonable
return on the property, or to use it reasonably, is a result of the owner's neglect and failure
to repair defects in or adequately maintain the property.
Enforcement of this provision would be on a complaint basis, which is the same process
used for other City Code violations related to building, health or zoning. The initial
enforcement action would be an advisory letter from the City, explaining the deficiencies to
be corrected, and providing information to help the property owner accomplish the needed
repairs. If the property owner is first notified in an advisory letter to correct one or more of
the deficiencies listed above, the owner will be made aware of the property's maintenance
needs early enough for them to be addressed.
Enforcement of the Historic Preservation Ordinance typically would done by the Building
Safety Department at this time. With a full-time Historic Preservation Planner, the Planning
Services Department could assume this role.
The prohibition of Demolition by Neglect would be used as a pro~active measure for historic
preservation and neighborhood revitalization, by adding a new subsection to the demolition
section of the Ordinance, as follows:
Section 25-7.2. Demolition by Neglect prohibited. The owner of property in any
historic district or of a landmark shall preserve and keep from deterioration all
structures located on such property. The owner must repair the structure to correct
any of the following defects found by the City's enforcement officer:
(a)
(b)
(c)
(d)
{e)
(f)
(g)
(h)
(i)
(j)
(k)
(I)
(m)
Parts which are improperly or inadequately attached.
A deteriorated or inadequate foundation.
Defective or deteriorated floor supports.
Walls, partitions or other vertical supports that split, lean, list or buckle.
Ceilings, roofs, ceiling or roof supports, or other horizontal members
which sag, split or buckle.
Fireplaces and chimneys, which list, bulge or settle.
Deteriorated, crumbling or loose exterior stucco or mortar.
Deteriorated or ineffective waterproofing of exterior walls, roofs,
foundations or floors, including broken windows and doors.
Defect or lack of weather protection for exterior wall coverings,
foundations or floors, including broken windows and doors.
Any default, defect or condition in the structure, which renders it
structurally unsafe or not properly watertight.
Accumulation of weeds, fallen trees, limbs, or debris, abandoned vehicles
and other refuse.
Deterioration of any exterior feature so as to create a hazardous condition,
Deterioration or removal of any unique architectural feature which would
detract from the original architectural style.
Recommendation #4: Substitute the Long Range Planning Advisory Commission for the
Zoning Advisory Commission for the review of nominations, amendments and recissions for
designations of landmarks and historic districts.
The State Historic Preservation Office has suggested that the Long Range Planning Advisory
Commission may be a more appropriate body than the Zoning Advisory Commission to
review nominations, amendments and recissions for designations of landmarks and historic
districts. Both Commissions have concurred with this recommendation.
While the historic districts are similar to zoning districts in terms of regulating property, the
Long Range Planning Advisory Commission is responsible for the development and update of
the Comprehensive Plan, which contains goals and objectives for land use and historic
preservation. The Planning Commission also reviews all new and amended urban renewal
and urban revitalization plans, which often include portions of historic districts or older
areas. The Planning Commission also reviews and comments on the City Manager's
recommended Capital Improvement Program each year, which includes federal Community
Development Block Grant (CDBG) funds for economic development, housing rehabilitation,
neighborhood revitalization and historic preservation programs.
R comm nda i n # : Allow the HPC to serve as an advisory design review for public works
projects that occur within historic districts or for alterations of landmarks or landmark sites,
and that would result in a material change in appearance or be visible from the public way.
By adding this provision, we seek to have the City comply with the regulations that apply
to private projects, as well as ensure that these public projects are sensitive to the historic
and architectural resources of the historic districts, landmark sites and landmarks. The City
Council asked the HPC to suggest language that would allow the Commission to serve as
an advisory design review body for these public works projects. The Commission's
recommended language follows:
"To serve as an advisory design review body to the City Council for review and
approval of public works projects which have historic preservation implications '.¥hc.~ co
· ~.-~.~ ~,~" *~...~ C!t;' "~..~,,;' in historic districts, or for alteration of landmarks,
landmark sites or structures, that would result in a material change in appearance or be
visible from the public way."
Re ommend tion 6: Amend the Historic Preservation Ordinance with regard to definitions,
City responsibilities and federal standards for prehistoric and historic archaeological sites,
as recommended by the State Historic Preservation Office.
The State Historic Preservation Office (SHPO) has recommended a number of amendments
to the Ordinance pertaining to archaeological sites.
1) Add definitions for Structures, Objects, and Sites, and replace "aboriginal man" in the
definition of Landmark site with"N at~ve' --/~mencans' ".
2)
Add language with regard to the identification, evaluation, registration, management
and protection of significant prehistoric and historic archaeological sites to Section 25-
1. Purpose and intent, Section 25-2. Definitions, Section 25-5. Powers and duties of
the Commission, and Section 25-6. Identification and designation of landmarks,
landmark sites and historic districts.
3)
Update the titles and revision dates of the Secretary of the Interior's Standards in
Section 25-8.(c)(1 ), which deals with the alteration of landmarks, landmark sites and
historic districts.
lcarsten/wp/Council/hpordamend .sum .doc
Chapter 25
HISTORIC PRESERVATION
{Proposed language to be added is bold; language proposed for deletion is c~
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. 25-1. Purpose and intent.
Sec. 25-2. Definitions.
Sec. 25-3. Historic preservation commission established; membership; term of office; vacancies in
office.
Sec. 25-4. Election of officers; organization; rules and bylaws; conduct of meetings; record of actions;
attendance at meetings.
Sec. 25-5. Powers and duties generally;, procedures for operations.
Sec. 256. Identification and designation of landmarks, landmark sites and historic districts.
Sec. 256.1. Langworthy Historic Preservation District.
Old Main Historic Preservation District.
Jackson Park Historic Preservation District.
Cathedral Historic Preservation District.
West Eleventh Street Historic Preservation District.
William M. Black Landmark.
Dubuque City Hall Landmark.
Dubuque County Courthouse Landmark.
Sec. 25-6.9. Dubuque County Jail Landmark.
Sec. 256.10. Julien Dubuque Monument Landmark.
Sec. 256.11. Mathies Ham House Landmark.
Sec. 256.12. Shot Tower.
Sec. 25-7. Demolition of landmarks, landmark sites or structures in historic districts; demolition by
neglect; certificate of economic hc~ch~, non-viability.
Sec. 25-8. Alteration of landmarks, landmark sites or structures in historic districts; determination of no
material effect; certificate of appropriateness; review of preservation alternatives;
certificate of economic hc~ch!~, non-viability,
Sec. 25-9. Procedure for the review of plans; application for certificate of appropriateness; application
for review of preservation alternatives; application for certificate of economic
non-viability.
Sec. 25-10. Standards for review.
Sec, 25-11. Appeals from commission action.
Sec. 25-12. Inspection.
Sec. 25-13, Violations; penalties.
Sec. 25-1. Purpose and 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 perpetuation of dietdcts, landmarks, and landmark sites of prehistoric, historic,
architectural, archeological and cultural significance;
(2) Safeguard the city's prehistoric, historic, aesthetic, architectural, archeoiogical and cultural
heritage by preserving districts, landmarks, and landmark sites of historical, architectural and
cultural significance;
(3) Stabilize and improve property values;
(4) Foster civic pride in the legacy of beauty and achievements of the past;
(5) Protect and enhance the city's attractions to tourists 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, landmarks, and landmark sites of prehistoric, historic, architectural,
archeoicgical and cultural significance as sites for the education, pleasure and welfare of the
people of the city.
Sec. 25-2. Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings
ascribed to them below:.
Alteration: Any act or process which changes the extedor architectural appearance of a structure, site or
area, including, but not limited to, the erection, construction, reconstruction, restoration, removal or
demolition of any structure or part thereof, excavation, or the addition of an improvement.
Archeological significance:
(1) The site is associated with events that have made a significant contribution to, and are
identified with, or that outstandingly represent, the broad cultural patterns of U.S. history
and from which an understanding and appreciation of those patterns may he gained; or
(2} The site is associated importantly with the lives of persons nationally significant in U.S.
history; or
(3) The site represents some great idea or ideal of the American people; or
(4} The site embodies the distinguishing character's-tics of an architectural type or specimen
exceptionally valuable for a study of a period, style or method of construction, or that
represents a significant, distinctive and exceptional entity whose components may lack
individual distinction; or
(5) The site is composed of integral parts of the environment not sutficianfly significant by
reason of historical association or artistic merit to warrant individual mcegnition, but
collectively compose an entity of exceptionally historical or artistic significance, or
outstandingly commemorate or illustrate a way of life or culture; or
2
(6) The site has yielded or may be likely to yield information of major scientific importance by
revealing new cultures, or by shedding light upon periods of occupation over large areas
of the U.S. Such sites are those which have yielded, or which may reasonably be expected
to yield data affecting theories, concepts and ideas to a major degree.
Architectural significance:
(1) The structure(s) is the work of, or associated with, a nationally or locally noted architect,
architectural firm, engineer, builder or craftsman; or
(2) The structure(s) is an example of a particular pedod of architecture or architectural style in terms
of detail, material, method of construction or workmanship, with no or negligible irreverSible
alterations to the original structure; or
(3) 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 cohesiveness
which is expressed through a similarity of characteristics, a similarity of a style, a similarity of
period, a similarity of method of construction or which accent the architectural significance of the
area.
Buildin~ Any structure used or intended for supporting or sheltering any use or occupancy, typically for
any form of human activity. A building also may refer to a historically and functionally related
unit, such es a courthouse and jail or a house and barn. Examples of buildings include: carriage
house, church, garage, hotel, house, library, school, shed, store or theater.
Certificate of appropriateness. A document issued by the historic preservation commission indicating its
approval of plans for an alteration or activity which will:
(1) Create a material change in appearance, orthe 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 ......... ~ non-viability. A document issued by the historic preservation
commission which acknowledges an exception as herein defined and which authorizes an alteration or
activity:
(1) VVhich creates a material change in appearance, or the removal or demolition, of a landmark,
landmark site or of a 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 h=-ds,k,¥, non-viabitity shall be issued only upon a showing that the property owner will
be deprived of any reasonable economic return on the property if not allowed to proceed with the
requested alteration or activity.
Commission: The Dubuque Histodc Preservation Commission, as established by this chapter.
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Districb. A definable geographic area that can be distinguished from surrounding properties, and
which possesses a significant concentration, linkage, or continuit~ of sites, buildings, structures
or objects united historically or aesthetically by plan or physical development.
Demolition: Any act or process which destroys in part or in whole a landmark or a structure.
Design guideline: A standard of acceptable activity which will preserve the prehistoric, historic,
architectural, archeological and cultural character of a building, district, landmark, site or structure.
Determination of no mater~al effect. A document issued by the city manager or the city manager's
designee indicating approval for any normal repair 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 matedal change in the extedor architectural appearance or extedor features of
a structure or site; and
(3) Nonetheless deas require a regulated permit.
Excava~on: The digging out or removal of earth, soil.
Exterior architectural appearance: The amhitectural style and character and the general composition and
arrangement of the exterior of a building or structure.
Extedorfeatures: The architectural style and the general design and arrangement of the exterior 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 windows, doors, light fixtures, signs and other appurtenant elements, or the
natural features of a landmark, landmark site or structure. In the case of outdoor advertising signs,
"exterior f~*,ature" includes the style, material, size and location of the sign.
Histo#c district. An area designated by ordinances of the city council which:
(1) Has defined geographic boundaries;
(2) Contains contiguous pieces of property under diverse ownemhip; and
(3) Is one or more of the following:
a. Significant to Amedcan history, amhitecture, prehistoric or historic 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
prehistory or history; or
d. Associated with the lives of persons significant with our past; or
e. Embodies the distinctive characteristics of a type, period, or method of construction; or
f. Represents the work of a master; or
g. Possesses high artistic values; or
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h. Represents a significant and distinguishable 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 association 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 atructure(s) or site(s) is associated with an association or group (whether formal or informal)
which has contributed to or participated in historic events of the nation, state or community; or
(3) The structure(s) or site(s) or object(s) is associated with an antiquated use due to technological
or social changes in the nation, state or community, such as, but not limited to, a blacksmith's
shop or railroad tr-,=~de; or
(4) The site(s) or object(s) is a monument to or a cemetery of historic personages.
Improvemen~ Any building, structure, parking facility, fence, gate, wall, work of art or other object
constituting a physical betterment of real property, or part of such betterment.
Integrity:. 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 procedures
described herein, that is worthy of preservation, rehabilitation or restoration because of its prehistoric,
historic, architectural, archeologicat or cultural significance to the city, the state or nation.
Landmark site: Any parcel of land of prehistoric or historic archeological signifmance, or historic
significance due to its substantial value in tracing the prehietory or history of =~cd.~=l mc~ Native
Americans, or upon which a historic event has occurred, and which has been designated as a landmark
site under this section, or an improvement parcel, or 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, alteration or modification of the external architectural
appearance or exterior features of a building, improvement, structure or proper[7 which is visible from
the public way and for which a regulated permit is required for compliance with applicable local codes,
including, but not limited to:
(1) Changes in the extedor size, configuration, 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 appearance of any sign on the property;, or
5
(5) Any excavation on property or the deposit of any waste, ~l or other material on property.
(6) For individual histodc districts, the definition of "material change in appearance" may be
expanded to include additional activities for which a certificate of appropriateness is required.
Such additional activities shall be delineated in the ordinance designating an individual district or
by amending the district designating ordinance, in the cass of a district that has been previously
designated.
Object: As disUnguished from buildings and structures, objects are those constructions that are
primarily artistic in nature or are relatively small in scale and simply constructed. Although it may
be, by nature or design, movable, an object is associated with a specific setting or environment,
Examples of objects include: fountain, milepost, monument, sculpture or statuary.
Owner of record: Any person, firm, corporation or other legal entity listed es owner on the records of the
County Recorder of Dubuque County.
Preservation ali~'rratives: Financial incentives and restoration alternatives sufficient for the
property owner to earn a reasonable economic return. Financial incentives include, but are not
limited to, financing, tax credits, tax abatements, preservation grants or other similar incentives.
Restoration aitemativea include, but are not limited to, d'h%;erent materials, techniques or methods
for rehabilitation of historic buildings and structures, or archeologicat sites.
Regulated permii: An official document or certificate issued by the building official, city engineer or other
official of the city pursuant to provisions 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 relationship of the vertical, horizontal and volume measurements;
the relationship of the parts to one another within a building, or structure or in comparison to other
buildings or structures within that vicinity.
S/te: the location of a significant event, a prehistoric or historic occupation or activity, or a
building or structure, whether standing, ruined, or vanished, where the location itself possesses
historic, cultural, or archeological value regardless of the value of any existing structure.
Examples of sites include: cemetery, designed landscape, habitation site, natural feature having
cultural significance, rock carving, rock shelter, ruins, trail or village site.
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: bc~[d~=~:, earthwork, fences, gazebos,
advertising signs, billboards, backstops for tennis courts, radio and television antennae, including
6
supporting towers, and swimming pools. As distinguished from buildings, structures are those
functional constructions made usually for purposes other than creating human shelter.
Sec. 25-3..Historic preservation commission ~,ef~hlished; .membership; term of office; vacancies in
office.
(a) The historic preservation commission is hereby established and shall consist of seven (7) members
who shall be residents of the city.
(b) Members of the commission shall be appointed by the city council as follows: One resident from
each designated historic preservation district, including the districts hereinafter established; 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 commission member shall be a licensed architect.
(c) The original appointment of the membem of the commission shall be as follows: Two (2) for one
year; two (2) for two (2) years, and three (3) for three (3) years, from July 1 of the year of such
appointment or until a successor is named to serve out the unexpired portion of a term of
appointment or until a successor is appointed to serve for a term of three (3) years. Members
appointed thereafter shall serve thr=', year terms.
(d) Vacancies oCcurring in the commission, other than through expiration of term of office, shall be only
for the unexpired portion of the term of the member replaced. Each member shall serve until the
appointment of a successor.
(e) Members may serve for more than one term.
(f) Vacancies shall be filled by the city council in accordance with the requirements set forth above.
(g) Members shall serve without compensation.
Sec. 25-4. Election of officers; organization; rules and bylaws; conduct of meetir~s; record of actions;
attendance at meetings.
(a) The commission shall elect from its membership a chairperson and vice chairperson, whose terms of
office shall be fixed by bylaws adopted by the commission. The chairperson shall preside over
meetings of the commission and shall have the right to vote. The vice chairperson shell, in cases of
absence or disability of the chairperson, perform the duties of the chairperson.
(b) The city manager shall designate a person to serve as secretary to the commission. The seomtary
shall keep a record of all resolutions, proceedings and actions of the commission.
(c)The commission shall adopt rules or bylaws for the transaction of its business. The bylaws shall
provide for, but not be limited to, the time and place of holding regular meetings, the procedure for the
7
calling of special meetings by the chairperson or by at least three (3) members of the commission and
quorum requirements.
(d) All meetings of the commission shall be subject to Iowa Code Chapter 21, the Iowa Open Meetings
Act.
(e) The commission 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 required in order to transact business.
(g) The affirmative vote of a major'~J of commission 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 (2/3) of all scheduled meetings wi~n
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 after each meeting.
Sec. 25-5. Powers and duties .qenerally; procedures,for operations.
(a) The general duties and powers of the commission shall be as follows:
(1) To promote and conduct educational and interpretive programs on historic properties 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;
(4) To identify, evaluate, register, manage and protect significant prehistoric and historic
archeologicat sites;
(5) (4) To conduct an on-going survey to identify historically, archeologicatly and architecturally
significant properties, structures and areas that exemplify the cultural, social, economic, political,
archeological or architectural histonj of the nation, state or city;
(6) (6-) To research and recommend to the city council the adoption of ordinances designating areas
as having historic, architectural, archeological or cultural value or significance as "historic
districts";
8
(7) (6) To research and recommend to the city council the adoption of ordinances designating
properties or structures having historic, architectural, archeological or cultural value or
significance as "landmarks" or "landmark sites";
(8) (~} To maintain a register of all properties and structures which have been designated as
landmarks, landmark sites or histodc districts, including all information required for each
designetion;
(9) (8) To assist and encourage the nomination of landmarks, landmark sites and histodc districts to
the National Register of Historic Places, and review and comment at a public headng on any
National Register nomination submitted to the commission upon the request of the mayor, city
council or the State Bureau of Histodc Preservation;
(10) (9) To confer recognition upon the owners of landmarks or of property or structures within
histodc districts;
(11) ~.0) To review in-progress or completed work to determine compliance with specific certificates
of appropriateness or certificates of economic hcrdsh!~, non-viability; and
(12) (11 ) To serve as an advisory design review body to the city council for review and approval of
public works projects which have h stonc preservation mpllcat on ..........
ccund! in historic districts, or for alteration of landmarks, landmark sites or structures, that
would result in a material change in appearance or be visible fi.om the public way.
(b) The commission shall be governed by the administrative, personnel, accounting, budgetary and
procurement policies of the city.
Sec..25-6. Identification and desiqnation of landmark~, landmark sites and historic districts~
(a) Generally. The commission may conduct studies for the identification and nomination of landmarks,
landmark sites and histodc districts, as defined by this chapter. The commission may proceed on its
own initiative or upon a petition from any person, group or association.
(b) Nomination.
(1) Landmarks and landmark sites. The nomination of landmarks and landmark sites shall be
initiated by an application submitted to the commission by the property owner on a form supplied
by the commission.
(2) Historic dist#cts. The designation of histodc districts shall be initiated by a nomination 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
histodc district, the city council, or any other person or organization. When a commissioner, es a
private citizen, nominates an histodc distdct for designation, the nominating commissioner shall
9
abstain from voting on the designation. This provision shall not extend to a designation motion
presented by a commissioner as part of commission proceedings.
(c) Criteria for consideration of a nomination. The commission shall, upon such investigation as it deems
necessary, make a determination as to the following:
(1) The nominated property, structure, object, site or area:
a. Is of architectural significance, as defined by this chapter;, or
b. Is associated with events that have made a significant contribution to the broad patterns of the
history of the City of Dubuque, Dubuque County, the State of Iowa or the nation; or
c. Is associated with the lives of persons significent in the past the City of Dubuque, Dubuque
County, the State 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 structure, property, object, site or area is at least fn=ty (50) years old, unless the commission
determines that it has achieved signiflcence 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 heating. Notice that a nomination for designation is being
considered and the date, time, place and purpose of the public headng shall be sent by certified
mail, at least fourteen (14) days pdor to the date of the headng, to the owner(s) of record of the
nominated landmark, landmark site, or property within the nominated histodc 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 headng. Oral or wdtten testimony concerning the significance of the nominated landmark,
landmark site or historic district shall be taken at the public headng from any interested person. The
commission may request expert testimony, consider staff reports or present its own evidence
regarding the compliance of the nominated landmark, landmark site or histodc district with the
criteria set forth in paragraph (c) above. The owner of any nominated landmark, landmark site or of
any property within a nominated historic district shall be allowed a reasonable opportunity to present
evidence regarding the nomination, shall be afforded the right of representation by counsel and shall
be given reasonable opportunity to cross-examine expert witnesses. The hearing shall be closed
upon completion of testimony.
(f) Determination by the commission, recommendation and resort. Within thirty (30) days following the
close of the public headng, the commission shall make a determination upon the evidence as to
10
whether the nominated landmark, landmark site or histodc distdct does or does not meet the criteria
for designation. Such determination shall be made in an open meeting by resolution of the
commission, shall be reduced to writing in the form of a 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 long
range planning advisory -" c ."-; ,-, .; commission, and shall include a proposed ordinance or
amendment establishing such landmark, landmark site or historic district and describing its location
and beundades by address and legal description.
(g) Action by long range planning advisory ~c,"J~ commission. Within sixty (60) days after receipt of
the commission's recommendation, report and proposed ordinance or amendment, the tong range
planning advisory ;c,-,~,~ 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 involved. Upon submission of the report of the long range
planning advisory --'c~ng commission, or upon the expiration of the sixty-day pedod, 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 Histodc
Preservation of the State Historical Society of Iowa for review and recommendations at least
fonyfwe (45) days prior to the date of any public hearing conducted by the city council. Any
recommendations made by the Bureau of Histodc Preservation shall be made available by the
city to the public for viewing during normal worldng hours at a city government place of public
access.
(2) Upon receipt of the recommendation and report of the historic preservation commission and the
report of the long range planning advisory -"c.~';..'~ commission, and after having received a
recommendation from the Bureau of Histodc 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 headng, 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 compliance with
the same procedure for designation as set forth above.
(3) City council approval of the ordinance or amendment shall constitute designation of the landmark,
landmark site or historic district.
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(i) Amendment and rescission of designation. A designation may be amended or rescinded upon
petition to the commission and compliance with the same procedure and according to the same
criteria as set forth above for designation.
Sec. 25-6.1. Lanqworthy Histodc Preservation District.
The properties hereinafter described are hereby designated as a histodc preservation district, according
to the provisione of this chapter, to wit:
Ail of Lots I through 3, inclusive; all of Lot 4 excepting the northerly ten (10) feet thereof, all of the south
half of Lot 6; all of Lots 12 through 16, inclusive; and all of Lots 12A through 16A, inclusive; all being in
Paulina Langworthy's Addition. The west f'~een (15) feet of lot 4; all of Lot 5, and Lot 6; all being in
McCoy Subdivision. 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; ell being in Mrs. L A.
Langworthy's Addition. All of Lots 1 through 12, inclusive; 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 $3; and Lot 1 of Lot 2 of Lot 2 of Lot
33; all being in T. S. Naim's Dubuque Addition.
Sec. 25-6.2. Old Main Historic. Preservation District.
The properties hereinafter described are hereby designated as a histodc preservation diatdct, according
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 I Block XV of Dubuque Downtown Plaza.
Sec. 25.6.3. Jackson Park Histodc Preservation. District
The properties hereinafter described are hereby designated as a historic preservation district, according
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 along said line to the south line of Lot 2-5-C.L. 674;
west along said line and along 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
l-lA-Dorgan's Sub.; southwest along said line and along the east line of Lot 1-1-Dorgan's Sub. and its
extension of West 17th Street; first south then in a counterclockwise manner along the westerly line of
D.N. Cooley's Sub. and its southeriy extension to the north line of Lot 1-1-C.L. 667; east along said line
12
to the east line of said lot; south along 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. McDaniel's Sub.; south along
said line 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 1 t of Lorimer's Sub.; south
along said line and its extension to Wast 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 1/5-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 alley to West 17th
Street; east along West 17th Street to Heeb Street, the point of beginning.
Sec. 25-6.4. Cathedral Historic Preservation District.
The properties hereinafter described are hereby designated as a historic preservation district, according
to provisions of this chapter, to wit:
Beginning at the intersection of Locust 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 southwest 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.; t-Est 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 line and along the northeast line of Lot 1-1-1-1C.L. 692 to the
north right-of-way line of West Fourth Street; southwest along said right-of-way line and along the
northwest tine 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) feat south one hundred (100) feet-C.L
692; southeast along said line to West Third Street to the southwest line of Saint Raphael's Add.;
southwest along said line to the northwest line of Lot 1-2-C.L. 694; first 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 northeast line of C.L. 589 and the
northeast line of the north twenty-one (21) feet-north 1/2 C.L. 572 to Locust Street; northeast along
13
Locust Street to the southwest line of the south f~ty (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.
Sec. 25-6.5. West Eleventh Street Histodc Preservation District.
The properties hereinafter described are hereby designated as a historic preservation district, according
to provisions of this chapter, to wit:
Beginning at the intersection of Loras Boulevard and Bluff Street; south along Bluff Street to the south
line 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 fight-of-way line of Grove Terrace 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 -Lodmer'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 Central Addition; north along said west line to the south line of
the east twenty-seven (27) feat-Lot 3-C.L. 703; west along said south line to the 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-Far~ey'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-Fartey'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 tine 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 line of Lot 2-1-1-3-C-L. 738 to the west line of Lot 2-1-1-3-C.L. 738; 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 alon 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 Cummin's Sub. to Chestnut Street; west
along Chestnut Street to the west property line of Lot 8 of Bissell'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 Laras 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; first east line then in a counter-clockwise manner along the southerly
14
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 Loras Boulevard, the place of beginning.
Sec. 25-6.6..William M. Black Landmark.
The structure hereinafter described is hereby designated as a landmark, according to the provisions of
this chapter, to wit:
Sidewheeler Dredge William M. Black moored at Inner Levee of the Mississippi River, commonly known
as the Ice Harbor.
Sec. 25-6.7. Dubuque City Hall Landmark.
The property hereinafter described is hereby designated as a landmark, according to the provisions of
this chapter, to wit:
The building situated on the N 2/5 of City Lot 448 and the N 2/5 of City Lot 457, commonly known as 50
West 13th Street.
Sec. 25-6.8. Dubuque County Courthouse Landmark.
The property hereinafter described is hereby designated as a landmark, according to the provisions of
this chapter, to wit:
The building situated on part of City Lot 286 and City Lots 287 to 288, commonly known as 720 Central
Avenue.
Sec. 25-6.9. Dubuque County Jail Landmark.
The property hereinafter described is hereby designated as a landmark, according to the provisions of
this chapter, to wit:
The building situated on City Lots 284 to 285 and part of City Lot 286, commonly known as 36 West 8th
Street.
Sec. 25-6.10. Ju!lan Dubuque Monument Landmark.
The property hereinafter described is hereby designated as a landmark, according to the provisions of
this chapter, to wit:
The structure situated on Pt. Lot 1, Government Lots 1 and 2, located at terminus of Monument Ddve.
15
Sec. 25-6.1.1. Mathias Ham House Landmark.
The property hereinafter described is hereby designated as a landmark, according to the provisions of
this chapter, to wit:
The building situated on Lot 1 of Lot 531 Ham's Addition, commonly known as 2241 Lincoln Avenue.
Sec. 25-6.12. Shot Tower.
The property hereinafter described is hereby designated as a landmark, according to the provisions of
this chapter, to wit:
The Shot Tower structure situated on River Front Sub 1, located at terminus of Commercial Street.
Sec. 25-7. Demolition of landmarks, landmark sites or structures in histodc districts; demOlition by
ne~iect: certif~ate of economic hc;d~hlp non-viability.
(a) Demolition generally. Demolition of landmarks, landmark sites or structures within historic districts
is prohibited unless, upon application and after hearing, the commission issues a certificate of
appropriateness or a certificate of economic h=;-Jsh~r, non-viability pursuant to Section 25-9(h) of
this chapter,
(b) DemolYdon byneglect prohibited, The owner of real property in any historic district or of a
iandrnerk or landmark site shell preserve and keep from deterioration all buildings and
structures located on such real property, The owner must repair the building or structure to
correct any of the following defects found by the City's designated enforcement officer:
(1) parts which am improperly er inadequately attached so that they may fall and injure
(2) a deteriorated or inadequate foundation;
(3) defective or deteriorated floor supports or floor supports that are insufficient to carry the
loads imposed;
(4) walls, pa, i;Gone or other vertical supports that split, lean, list or buckle due to defect or
deterioration or are insufficient to carry the load imposed;
(5) ceilings, roofs, ceiling or roof supports, or other hor'rzontal members which sag, split, or
buckle, due to defect or deterioration or are insufficient to support the load imposed;
(6) fireplaces and chimneys which list, bulge or settle due to defect or deterioration er are of
insufficient size or strength to carry the loads imposed;
(7) deteriorated, crumbling or loose exterior stucco or mortar;
(8) deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors,
including broken windows and doors;
16
(9) defective or lack of weather protection for exterior well coverings, foundations or floors,
including broken windows and doors;
(10) any default, defect or condition in the structure which renders it structurally unsafe or not
property watertight;
(1 I) accumulations of weeds, fallen trees or limbs, debris, abandoned vehicles, and other
refuse;
(12) deterioration of any exterior feature so as to create a hazardous condition which could
make demolition necessary for the public safety; or
(13) deterioration or removal of any unique architectural feature which would detract from the
original architectural style.
Sec. 25-8. Alteration of landmarks, landmark sites or structures in histodc districts; determination of
no material effect; certificate of appropriateness; review of preservation ahematives; certificate of
economio .........~. non-vmb~hty.
(a) After designation of a landmark, landmark site or historic district by the city council, any proposed
alteration or activity which will affect a landmark, landmark site or structure or site within any historic
district, and for which a regulated permit is required, shall be reviewed by the historic preservation
commission; however, nothing in this chapter shall be construed to prevent ordinary maintenance or
repair of any landmark, landmark site or structure or site within a historic district where such
maintenance or repair does not involve a material change of appearance which necessitates
issuance of a regulated permit as herein defined.
(b) No regulated permit may be issued prior to review by the commission.
(c) Upon review, the commission shall have the authority to take the following actions:
(1) Authorize the proposed project, determina~on of no material effect.
a. If an application submitted to the commission demonstrates compliance with the "Secretary of
interior's Standards and Guidelines for Archaeology and Historic Preservation", P~ejec,~",''
~^~"~';""*"'..--,.,,=...,., ~.v.,r~ ,-- 1979 the Secretary of Infarior's Standards and Guidelines for the
Treatment of Historic Properties, and the "Secretary of the Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Buildings," codified as 36 CFR 68,
as amended, as established by this chapter and, pursuant to 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.
17
b. The city manager or city manager's designee shall make such determination and may issue a
determination of no material effect, which shall authorize the proposed work or activity to
proceed without a public meeting of the commission hccd~;,
(2) Approve the proposed project; cen¥ficate of appropriateness.
a. The commission shall issue a certificate of appropriateness if, upon application and
after hccfi~g a public meeting, it finds:
1. That the property owner or the property 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, destroying or affecting the exterior amhitectural
features of the structure, improvement or site upon which the work is to be
done wilt not have a substantial adverse effect on the aesthetic, historic or
amhitectural signiflcence and value of either the property itself or of the
neighboring improvements in a district.
b. The issuance of a certificate of appropriateness shall enable the applicant to obtain a
regulated permit and to proceed with the proposed alteration or activity.
(3) Disapprove the proposed project; review of preservation alternatives; certificate of
approprfateness. The commission shall issue a certificate of appropriateness, upon
application for and after hearing a review of preservation alternatives, it finds:
1. That the property owner or the property owner's representative has
established that the preservation alternatives for the proposecl alteration
or activity comply with the standards for review set forth by this chapter
and regulated by the commission, and conform to the purpose and intent
of this chapter; and
2. That creating, changing, destroying or affecting the exterior architectural
features of the structure, improvement or site upon which the work is to
be dona will not have a substantial adverse effect on the aesthetic,
historic or architectural significance and value of either the property itself
or of the naighboring improvemente in a distr'~c
b. The issuance of a certificate of appropriateness after a review of preservation
altemativea shall enable the applicant to obtain a regulated permit and to
proceed with the proposed alteration or activity.
18
(4) {3} Disapprove the proposed project; certificate of economic .........,. non-viability. The
commission shall issue a certificate of economic ,",=:d=,",~p non-viability, upon application or
upon its own motion, if:
a. A review of preservation alternatives has been conducted and a certificate of
appropriateness has been denied; and
b. The commission determines that disapproval of the proposed work or activity would
prevent the property owner from earning any reasonable economic return from the
property. In considering whether the property has been prevented from earning
any reasonable economic return, the commission shall deny the certificate of
non-viability where the inability to earn any reasonable economic return has
been created by the property owners' conduct including, but not limited to,
neglect of maintenance or absence of bona fide attempts to earn a reasonable
economic return.
(d) The building official, city engineer or other local authorities shall not issue a regulated permit until
there has been a determinalion of no material effect or a certificate of appropriateness or a
certificate of economic h=~:h;.; non-viability issued.
(e) The transfer of a determination of no material effect, certificate of appropriateness or certificate of
economic hc,'dch¥, non-viability from one structure, improvement or site to another structure,
improvement or site or from one person to another is prohibited.
(f) Each determination of no material effect, certificate of appropriateness or certificate of economic
hcrdch~; non-viability issued under the provisions of this article shall expire and become null and
void if the alteration, construction, repair, removal, demolition or excavation for which the
determination of no material effect, certificate of appropriateness or certificate of economic
hc,'.~.h~; non-viability was issued is not initiated within one (1) year of its issuance.
Sec. 25-9. Procedure for the review of plans; application for certificate of appropriateness; application
for review of preservation alternatives; application for certificate of economic ?,=rd=hip non-viability.
(a) Application for regulated permit shall be made to the appropriate city official. The application shall
state or the appropriate city official shall determine that the proposed alteration, activity or demolition
is to be done on a landmark, landmark site or on a structure within a historic district.
(b) Upon the filing of such permit application, the appropriate city official shall notify the applicant that
the matter must be reviewed by the historic preservation commission before a regulated permit can
be issued.
(c) If a permit application demonstrates compliance with the provisions for a "determination of no
material effect" as established by this chapter, then the city manager or city manager's
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designee shall make such determination and may issue a "determination of no material
effect", which shall authorize the proposed work or activity to proceed without a public
meeting of the commission. If a permit application does not demonstrate compliance with the
provisions for a ~determination of no material effect" as established by this chapter, then a
....... ~ for an application for design review by the commission of the proposed work, activity or
demolition must be made by the applicant. Application for commission review shall be filed in the
r, ......"-' ~'-" Ecc,-,cm~c Dc'.'clcp..mc.':~. Planning Services Department.
(d) Unless otherwise mutually agreed upon by the applicant and the commission, the commission shall
meet within twenty-one (21) days after the filing of the application for commission review. The
commission shall review the proposed project according to the duties and powers specified in this
chapter. In reviewing the proposed project, the commission may confer with the applicant or the
applicant's authorized repr~ative. The commission may require submission of such additional
drawings, sketches, photographs or other exhibits as it deems reasonably necesSary for
consideration of the application.
(e) The commission shall approve or disapprove such plan.
(f) If the proposed project is approved, the commission shall issue a certificate of appropriateness.
(g) If the commission disapproves such proposed project, it shall state its reasons and shall transmit to
the applicant a written record of its disapproval. The commission may propose appropriate revisions
of the applicant's proposal which, if adopted, would cause the commission to reco~-~ider its
disapproval. The applicant may make modifications to the proposed project and shall have rite right
to resubmit a modified proposal at any time.
(h) Prior to filing an application for a certificate of economic non-viability, as provided for in
subsection (i) below, the applicant shall file an application for a review of preservation
alternatives. This application shall document the applicant's attompts fo evaluate and obtain
preservation alternatives as defined herein, including, but not limited to, financing, tax
incentives, preservation grants, restoration alternatives and other incentives sufficient to allow
the applicant to earn a reasonable economic return front the property.
(1) After a review of the preservation alternatives, the commission shall approve or disapprove
such plan.
(2) If the proposed project is approved, the commission shall issue a certificate of
appropriateness.
(3) If the commission disapproves such proposed project, it shall state its reasons and shall
transmit to the applicant a written record of its disapproval. The commission may propose
appropriate revisions of the applicant's proposal which, if adopted, would cause the
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commission to reconsider its disapproval, The applicant may make modifications to the
proposed project and shall have the right to resubmit a modified proposal at any time.
(i) (~)tf the commission disapproves such proposed project after a review of preservation alternatives,
it may, upon application or on its own motion, consider issuing a certificate of economic
non-viability.
(1) Upon application or motion for a certificate of economic hc;d=h~p non-viability, the commission
shall schedule a public meeting on that application or motion.
(2) Data to be provided by the applicant. The commission may solicit expert testimony or require that
the applicant for a certificate of economic hcrdch~p non-viability make submissions concerning
any or all of the following information before rendering its decision:
a. Estimate of the cost of the proposed construction, alteration, demolition or removal and an
estimate of any additional cost that would be incurred to comply with the recommendations of
the histodc preservation commission for changes necessary for the issuance of a certificate
of appropriateness;
b. A report from a licensed engineer or architect with experience in rehabilitation es to the
structural soundness of any structures and their suitability for rehabilitation;
c. Estimated market value of the property in its current condition; after completion of the
proposed construction, alteration, demolition or removal; after any changes recommended by
the commission; and, in the case of a proposed demolition, after renovation of the existing
property for continued use;
d. In the casa of a proposed demolition, 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;
e. The amount paid for the property, the date of purchase and the person from whom 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;,
f. ff the property is income-producing, the annual gross income from the property for the previous
two (2) years;
g. itemized operating and maintenance expenses for the 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 mortgage 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 previous two (2) years by the owner or applicant in
connection with the purchase, financing or ownership of the property;
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j. Any listing of the property for sale or rent, price asked and offers received, if any, within the
previous two (2) years;
k. The assessed value of the property acoording to the two (2) most recent assessments;
I. The amount of real estate taxes for the previous two (2) years and whether or not they have
been paid;
m. The form of ownership or operation of the property, whether sole pmprietomhip, for-pror,~ or
not-for-proftt corporation, limited partnership, joint venture or other;,
n. Any other information cens'idered necessary by the commiss'mn to make a determination as to
whether the property does yield or may yield any reasonable economic return to the property
owner(s), including but not limited to the income tax bracket of the owner(s) or applicants or of
the principal investor(s) in the property;
o. 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 and a
economic return from the property; and
p. A showing of the applicant's efforts in ongoing maintenance and repair.
(3) Determination of economic hc~.~h~.; non-viability. The commission shall review all of the
evidence and information required of an applicant for a certificate of economic hc;d:h!~, non-
viability; and
a. if the commission finds that disapproval of the proposed work would prevent the property
owner from earning any reasonable economic return from the property, the commission shall:
1. immediately issue a certificate of economic ."=~,~h~. non-viability: or
2. At its discretion, postpone, for a pedod not to exceed one hundred eighty (180) days, the
issuance of a certificate of economic hcrd.~,"Jp non-viability. Dudng 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 ceCdficate of appropriateness has been secured. If, at the end of the one
hundred eighty-day peded, the commission, after a public meeting, finds that the property
owner still cannot earn any reasonable economic return from the propen'y, it shall issue a
certificate of economic hcrdch~p non-viability.
b. If the commission finds, after initial review or after the one hundred eighty-day pedod of
postponement, that the prope~ owner has, in fact, earned or is able to earn a reasonable
economic return from the property, then the commission shall deny the application for a
certificate of economic h---,'d-:h~; non-viability.
(j) No regulated permit shell be issued authorizing a material change in appearance of a landmark,
landmark site or of a structure or site within a historic district until there is a determination of no
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material effect or a certificate of appropriateness or a certificate of economic hc;d=h~, non-viability
filed with the building official or the city official authorized to issue the necessary regulated permit.
(k) In the event the commission disapproves of a proposed project, the notice of disapproval shall be
binding upon the building official, city engineer or other local authority, and no permit shall be issued
in such a case.
(I) The failure of the commission to approve or disapprove an application for a certificate of
appropriateness within sixty (60) days from the date of the filing of an application, unless an
extension is agreed upon mutually by the applicant and the commission, shall be deemed to
constitute approval, unless within such sixty (60) days the commission has made a determination of
economic hc;dch¥ non-viability and has suspended its decision regarding a certificate of economic
h=.'dc.h~p non-viability pursuant to subsection (h)(i)(3)a.2.
Sec. 25-10. Standards 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 significance, extent of previous alteration, use of original mate. dais
and quality of design of the existing structure or site. Commission approval of a particular type of
alteration or activity shall not establish a binding precedent for future commission action, but may
constitute an additional factor to he considered in subsequent design reviews involving the same
type of alteration or activity.
(b) The "Secretary of Interior's Standards and Guidelines for Archaeology and Historic Preservation",
· ~--;~"+-, vj..v..," ~A,~.;....+~,...__..,,.=..·., r~_.v., ~' 1979 the Secretary of Interior's Standards and Guidelines for the
Trent of Historic Properties, and the "Secretary of the Interior's Standards for Rehabilitation
and Guidelines for Rehabilitating Historic Buildings," codified as 36 CFR 68, as amended, shall
provide the guidelines by which the commission shall review an application for a certificate of
appropriateness or certificate of economic ,hcrd=,hip non-viability, and any subsequent revisions of
these standards and guidelines by the Secretary of the Interior racy shall be adopted by the
commission.
(c) The commission shall also be guided by any design standards specified in the ordinance or
amendment designating the landmark, landmark site or historic district.
Sec., 25-11. Appeals from commission action.
(a) An aggrieved party may appeal the commission's action to the city council by filing a notice of appeal
w~th the ............. ~ ...............Dcvc~cpmc.",t Planning Services Department within thirty (30)
days from the date of notice of the commission's action.
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.... ~., ~..; = ..... ;. n..,.~l ..... * Planning Services
(b) Upon filing of a notice of appeal, the Corn ........ ~ ..................... r. .......
Department shall immediately transmit such notice and 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 commission. 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 and the histodc preservation ordinance [this chapter], and whether the
commission's action was patently arbitrary or capricious.
(e) The city council may affirm or reverse the commission's action, or may refer the matter back to the
commission for such further action as may be appropriate. The city clerk shall give wdtten 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 commission.
(f) An appellant who is not satisfied by the decision of the city council may appeal within sixty (60) days
of the city council's decision to the Distdct Court for Dubuque County, pursuant to Iowa Code Section
Sec. 25-12. Inspection.
(a) After a certificat~e of appropriateness or certificate of economic hc;dsh~p non-viability has been
issued and a regulated permit granted to the applicant, the building official, ck~y engineer or other
local authority may from time to time inspect the work authorized and shall take such action as is
necessary to enforce compliance with the approved plans.
(b) Histodc 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 necessary to
enforce compliance with the approved plans.
Sec. 25-13. Violations; penalties.
It shall be unlawful for any person to disobey, omit, neglect or refuse to comply with any provision of this
chapter, and such person shall be subject to the provisions of Section 1-8 and Sections 1-15 through
1-17 of the City of Dubuque, Code of Ordinances.
Icamten/wp/Hpc/hpord#1.doc
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