Code of Ordinances Amendment - Title 16 Historic Preservation Copyright 2014
City of Dubuque Action Items # 6.
ITEM TITLE: Code of Ordinances Amendment - Title 16 Historic Preservation
Commission
SUMMARY: City Manager recommending approval of an ordinance to amend Title 16,
Chapter 10 which establishes the Historic Preservation Commission and
provides for the powers, operation, membership, meetings, applications
and procedures.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 16
Unified Development Code, Chapter 10 Historic Preservation Commission
Applications And Procedures by establishing the Historic Preservation
Commission and Providing for the Powers, Operation, Membership,
Meetings, and Applications and Procedures
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A
ATTACHMENTS:
Description Type
❑ Historic Preservation Commission-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Ordinance Ordinance
❑ Suggested Motion Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Boards and Commissions — Historic Preservation Commission
DATE: May 22, 2015
The City Attorney's Office and the City Clerk's Office have been working on updating
the Boards and Commissions ordinances to make the standard provisions in all of the
ordinances uniform and consistent.
Assistant City Attorney Crenna Brumwell recommends City Council approval of an
ordinance to amend Title 16, Chapter 10 which establishes the Historic Preservation
Commission and provides for the powers, operation, membership, meetings,
applications and procedures. The Historic Preservation Commission was originally
established in April 1977.
1 concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Crenna Brumwell, Assistant City Attorney
THS CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
CRENNA M . BRUMWELL , ESQ.
ASSISTANT CITY ATTORNEY L`.'_V. 9LyJ`k`%'V�I ne
To: Michael C. Van Milligen !l/'`
City Manager
DATE: May 21, 2015
RE: Boards and Commissions — Historic Preservation Commission
The City Attorney's Office, together with the City Clerk's Office and each individual
department, have been working on updating the Boards and Commissions ordinances
for the City of Dubuque. The goal is to make the standard provisions in all of the
ordinances uniform and consistent.
Attached please find a draft ordinance for the Historic Preservation Commission, which
was established in April 1977. For this ordinance, an amended Title 16, Chapter 10 is
adopted which establishes the Historic Preservation Commission and provides for the
powers, operation, membership, meetings, and applications and procedures.
I recommend that the ordinance be submitted to the City Council for consideration.
Please let me know if you need further information.
Thank you.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 40-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED
DEVELOPMENT CODE, CHAPTER 10 HISTORIC PRESERVATION COMMISSION
APPLICATIONS AND PROCEDURES BY ESTABLISHING THE HISTORIC
PRESERVATION COMMISSION AND PROVIDING FOR THE POWERS,
OPERATION, MEMBERSHIP, MEETINGS, AND APPLICATIONS AND
PROCEDURES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 16, Chapter 10 of the City of Dubuque Code of Ordinances is
hereby amended as follows:
Chapter 10
HISTORIC PRESERVATION COMMISSION APPLICATIONS AND PROCEDURES
16-10-1: HISTORIC PRESERVATION COMMISSION:
A. Commission Created: There is hereby created the Historic Preservation
Commission.
B. Purpose: The purpose of the commission is to:
1. Promote the educational, cultural, economic, and general welfare of the
public through the protection, enhancement, and perpetuation of districts,
individually designated historic properties, landmarks, and landmark sites of
prehistoric, historic, architectural, archeological, and cultural significance;
2. Safeguard the city's prehistoric, historic, aesthetic, architectural,
archeological and cultural heritage by preserving historic properties, districts,
landmarks, and landmark sites of historical, architectural, and cultural
significance;
3. Stabilize and improve property values;
4. Foster civil 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 properties, districts, landmarks, and landmark sites of
prehistoric, historic, architectural, archeological, and cultural significance as sites
for the education, pleasure, and welfare of the people of the city.
C. Internal Organization And Rules: The commission may adopt rules and
regulations to govern its organizational procedures as may be necessary and which are
not in conflict with this Code of Ordinances or the Iowa Code.
D. Procedures For Operation: All administrative, personnel, accounting, budgetary,
and procurement policies of the city govern the commission in all its operations.
E. Membership:
1. The Commission comprises nine (9) residents of the city, appointed by the
city council.
2. Age Requirement. Residents must be eighteen (18) years of age or older.
3. Special Qualifications.
a. One (1) resident from each designated historic preservation district,
including historic districts hereinafter established.
b. Four (4) at -large members.
c. Each member must possess qualifications evidencing expertise or
interest in architecture, history, archeology, law, construction, building
rehabilitation, city planning, or conservation in general.
d. One (1) member must be a licensed architect.
4. Membership on the commission must comply with the provisions of Iowa
Code §69.16A, relating to gender balance, and Iowa Code §303.34, subsection
3, relating to establishment of a commission to deal with matters involving areas
of historical significance.
F. Oath: Each person, upon appointment or reappointment to the commission, must
execute an oath of office at the first meeting of the commission following the
appointment or reappointment or at the city clerk's office any time prior to the first
meeting of the commission.
G. Terms: The term of office for a commissioner is three (3) years or until such
commissioner's successor is appointed and qualified.
H. Vacancies: Vacancies must be filled in the same manner as original
appointments. In the event that a vacancy occurs in a seat which requires that the
appointee be a resident of a historic preservation district and for which there is no
application from a qualified resident, the city council must appoint a tenth commissioner,
which appointment is temporary, and upon appointment of a qualified resident to the
vacancy, the temporary appointment terminates.
Officers/Organization: The commissioners must elect from its membership a
chairperson and vice chairperson, whose terms of office are fixed by bylaws adopted by
the commission. The chairperson presides over the meetings of the commission and
has the right to vote. The vice chairperson, in cases of absence or disability of the
chairperson, may perform the duties of the chairperson. The city manager must
designate a city employee to serve as secretary to the commission. The secretary must
keep a record of all resolutions, proceedings, and actions of the commission.
J. Meetings:
1. Regular Meetings. The commission must meet at least three (3) times in a
calendar year to maintain Certified Local Government status.
2. Special Meetings. Special meetings may be called by the chairperson or
at the written request of a majority of the commissioners.
3. Open Meetings. All meetings must be called and held in conformance with
the Iowa Open Meetings Law.
4. Attendance.
a. In the event a commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
chairperson, such absence will be grounds for the commission to
recommend to the city council that the position be declared vacant and a
replacement appointed.
b. Attendance must be entered upon the minutes of all meetings.
5. Minutes. A copy of the minutes of all regular and special meetings of the
commission must be filed with the city council within ten (10) working days after
each meeting, or by the next regularly scheduled city council meeting, whichever
is later.
6. Quorum. Five (5) commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the commissioners present and
voting is necessary for the adoption of any motion or resolution.
K. Compensation: Commissioners serve without compensation, provided that they
may receive reimbursement for necessary travel and other expenses while on official
commission business within the limits established in the city administrative policies and
budget.
L. Removal: The city council may remove any commissioner for cause upon written
charges and after a public hearing.
M. Powers: The commission has the following powers, duties, and responsibilities:
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 16-10-7 of this chapter, for the alteration of
landmarks, landmark sites, individually designated historic properties and
property and structures within historic districts.
3. To adopt its own bylaws.
4. To identify, evaluate, register, manage and protect significant prehistoric
and historic archeological sites.
5. To conduct an ongoing survey to identify historically, archaeologically and
architecturally significant properties, structures and areas that exemplify the
cultural, social, economic, political, archeological or architectural history of the
nation, state or city.
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.
7. 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 research and recommend to the city council the adoption of ordinances
designating properties as having historic, architectural, archeological or cultural
value or significance as individually designated historic properties.
9. To research and recommend to the city council the adoption of ordinances
designating areas as having historic, architectural, archeological or cultural value
as "conservation districts".
10. To research and recommend to the city council the adoption of ordinances
designating areas as having historic, architectural, archeological or cultural value
as "conservation planning areas".
11. To maintain a register of all properties and structures which have been
designated as landmarks, landmark sites or historic districts, including all
information required for each designation.
12. To assist and encourage the nomination of landmarks, landmark sites and
historic districts to the national register of historic places, and review and
comment at a public hearing on any national register nomination submitted to the
commission upon the request of the mayor, city council or the state historic
preservation office.
13. To confer recognition upon the owners of landmarks, individually
designated historic properties or of property or structures within historic districts.
14. To review in progress or completed work to determine compliance with
specific certificates of appropriateness or certificates of economic nonviability.
15. To serve as an advisory design review body to the city council for review
of public works projects which have historic preservation implications in historic
districts, individually designated historic properties, 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.
16. To serve as an advisory review body to the city council for the review of
public planning, design, construction, and maintenance needs in conservation
planning areas upon request from the city council.
16-10-2: DEFINITIONS:
For the purpose of this chapter, the following words and phrases have the meanings
ascribed to them below:
MORN
CERTIFICATE OF ECONOMIC NONVIABILITY: A document issued by the
historic preservation commission which acknowledges an exception as herein
defined and which authorizes an alteration or activity:
A. Which creates a material change in appearance, or the removal or
demolition, of a landmark, landmark site or of a structure within a historic
district;
B. Which requires a regulated permit; and
C. For which a certificate of appropriateness has been or would be
denied; however, a certificate of economic nonviability may 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.
DETERMINATION OF NO MATERIAL EFFECT: A document issued by the city
planner indicating approval for any normal "repair" or act of maintenance as
defined by this chapter, which:
A. Is not an alteration, construction, removal, demolition or excavation
as defined by this chapter;
B. Does not create a material change in the exterior architectural
appearance or exterior features of a structure or site; and
C. Nonetheless does require a regulated permit.
16-10-3: IDENTIFICATION AND DESIGNATION OF LANDMARKS, SITES AND
HISTORIC DISTRICTS:
16-10-4: DESIGNATED LANDMARKS, SITES AND HISTORIC DISTRICTS:
16-10-5: DEMOLITION OF LANDMARKS, LANDMARK SITES AND STRUCTURES IN
HISTORIC DISTRICTS AND CONSERVATION DISTRICTS:
16-10-6: ALTERATION OF LANDMARKS, HISTORIC PROPERTIES AND SITES:
16-10-7: STANDARDS FOR DESIGN REVIEW:
16-10-8: CONSERVATION DISTRICTS:
16-10-9: CONSERVATION PLANNING AREAS:
16-10-10: APPEALS FROM COMMISSION ACTION:
16-10-11: INSPECTION:
16-10-12: VIOLATIONS; PENALTIES:
Section 2. Nothing herein effects the term of any person serving as a
commissioner as of the effective date of this Ordinance.
Section 3. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 1st day of ne, 2015.
Roy D. Buol, iMayor
Attest:
Kevin S. Firnstah City Ierk
EFFECT OF AMENDMENT
Chapter 10
HISTORIC PRESERVATION COMMISSION APPLICATIONS AND PROCEDURES
16-10-1: HISTORIC PRESERVATION COMMISSION:
A. Commission Created: There is hereby created the Historic Preservation
Commission.
B. Purpose: The purpose of the commission is to:
1. Promote the educational, cultural, economic, and general welfare of the
public through the protection, enhancement, and perpetuation of districts,
individually designated historic properties, landmarks, and landmark sites of
prehistoric, historic, architectural, archeological, and cultural significance;
2. Safeguard the city's prehistoric, historic, aesthetic, architectural,
archeological and cultural heritage by preserving historic properties, districts,
landmarks, and landmark sites of historical, architectural, and cultural
significance;
3. Stabilize and improve property values;
4. Foster civil 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 properties, districts, landmarks, and landmark sites of
prehistoric, historic, architectural, archeological, and cultural significance as sites
for the education, pleasure, and welfare of the people of the city.
C. Internal Organization And Rules: The commission may adopt rules and
regulations to govern its organizational procedures as may be necessary and which are
not in conflict with this Code of Ordinances or the Iowa Code.
D. Procedures For Operation: All administrative, personnel, accounting, budgetary,
and procurement policies of the city govern the commission in all its operations.
E. Membership:
1. The Commission comprises nine (9) residents of the city, appointed by the
city council.
2. Age Requirement. Residents must be eighteen (18) years of age or older.
3. Special Qualifications.
a. One (1) resident from each designated historic preservation district,
including historic districts hereinafter established.
b. Four (4) at-large members.
C. Each member must possess qualifications evidencing expertise or
interest in architecture, history, archeology, law, construction, building
rehabilitation, city planning, or conservation in general.
d. One (1) member must be a licensed architect.
4. Membership on the commission must comply with the provisions of Iowa
Code 669.16A, relating to gender balance. and Iowa Code 6303.34. subsection
3, relating to establishment of a commission to deal with matters involving areas
of historical significance.
F. Oath: Each person, upon appointment or reappointment to the commission, must
execute an oath of office at the first meeting of the commission following the
appointment or reappointment or at the city clerk's office any time prior to the first
meeting of the commission.
G. Terms: The term of office for a commissioner is three (3) years or until such
commissioner's successor is appointed and qualified.
H. Vacancies: Vacancies must be filled in the same manner as original
appointments. In the event that a vacancy occurs in a seat which requires that the
appointee be a resident of a historic preservation district and for which there is no
application from a qualified resident, the city council must appoint a tenth commissioner,
which appointment is temporary, and upon appointment of a qualified resident to the
vacancy, the temporary appointment terminates.
I. Officers/Organization: The commissioners must elect from its membership a
chairperson and vice chairperson, whose terms of office are fixed by bylaws adopted by
the commission. The chairperson presides over the meetings of the commission and
has the right to vote. The vice chairperson, in cases of absence or disability of the
chairperson, may perform the duties of the chairperson. The city manager must
designate a city employee to serve as secretary to the commission. The secretary must
keep a record of all resolutions, proceedings, and actions of the commission.
J. Meetings:
1. Regular Meetings. The commission must meet at least three (3) times in a
calendar year to maintain Certified Local Government status.
2. Special Meetings. Special meetings may be called by the chairperson or
at the written request of a maiority of the commissioners.
3. Open Meetings. All meetings must be called and held in conformance with
the Iowa Open Meetings Law.
4. Attendance.
a. In the event a commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
chairperson, such absence will be grounds for the commission to
recommend to the city council that the position be declared vacant and a
replacement appointed.
b. Attendance must be entered upon the minutes of all meetings.
5. Minutes. A copy of the minutes of all regular and special meetings of the
commission must be filed with the city council within ten (10) working days after
each meeting, or by the next regularly scheduled city council meeting, whichever
is later.
6. Quorum. Five (5) commissioners constitute a quorum for the transaction of
business. The affirmative vote of a maiority of the commissioners present and
voting is necessary for the adoption of any motion or resolution.
K. Compensation: Commissioners serve without compensation, provided that they
may receive reimbursement for necessary travel and other expenses while on official
commission business within the limits established in the city administrative policies and
budget.
L. Removal: The city council may remove any commissioner for cause upon written
charges and after a public hearing.
M. Powers: The commission has the following powers, duties, and responsibilities:
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 16-10-7 of this chapter, for the alteration of
landmarks, landmark sites, individually designated historic properties and
property and structures within historic districts.
3. To adopt its own bylaws.
4. To identify, evaluate, register, manage and protect significant prehistoric
and historic archeological sites.
5. To conduct an ongoing survey to identify historically, archaeologically and
architecturally significant properties, structures and areas that exemplify the
cultural, social, economic, political, archeological or architectural history of the
nation, state or city.
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.
7. 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 research and recommend to the city council the adoption of ordinances
designating properties as having historic, architectural, archeological or cultural
value or significance as individually designated historic properties.
9. To research and recommend to the city council the adoption of ordinances
designating areas as having historic, architectural, archeological or cultural value
as"conservation districts".
10. To research and recommend to the city council the adoption of ordinances
designating areas as having historic, architectural, archeological or cultural value
as"conservation planning areas".
11. To maintain a register of all properties and structures which have been
designated as landmarks, landmark sites or historic districts, including all
information required for each designation.
12. To assist and encourage the nomination of landmarks, landmark sites and
historic districts to the national register of historic places, and review and
comment at a public hearing on any national register nomination submitted to the
commission upon the request of the mayor, city council or the state historic
preservation office.
13. To confer recognition upon the owners of landmarks, individually
designated historic properties or of property or structures within historic districts.
14. To review in progress or completed work to determine compliance with
specific certificates of appropriateness or certificates of economic nonviability.
15. To serve as an advisory design review body to the city council for review
of public works projects which have historic preservation implications in historic
districts, individually designated historic properties, 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.
16. To serve as an advisory review body to the city council for the review of
public planning, design, construction, and maintenance needs in conservation
planning areas upon request from the city council.
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16-10-2: DEFINITIONS:
For the purpose of this chapter, the following words and phrases sha" have the
meanings ascribed to them below:
CERTIFICATE OF ECONOMIC NONVIABILITY: A document issued by the
historic preservation commission which acknowledges an exception as herein
defined and which authorizes an alteration or activity:
A. Which creates a material change in appearance, or the removal or
demolition, of a landmark, landmark site or of a structure within a historic
district,
B. Which requires a regulated permit, and
C. For which a certificate of appropriateness has been or would be
denied; however, a certificate of economic nonviability 0av64a4 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.
DETERMINATION OF NO MATERIAL EFFECT: A document issued by the city
planner indicating approval for any normal "repair" or act of maintenance as
defined by this chapter, which:
A. Is not an "alteration", construction, removal, "demolition" or
"excavation"as defined by this chapter,
B. Does not create a material change in the exterior architectural
appearance or exterior features of a structure or site, and
C. Nonetheless does require a regulated permit.
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@14@-'NthiR it- ii i-rli Gtinn
'--- Formatted:Indent:Left: 36 pt
2. To de,,elep aRrl adopt c Gi Fin-ta Rrl@rrl-Fnr r @Rrl rl@-i n—nnn iii-InlirRPS,
arlrliti nn to t.n-@ -@t Fn.t. R SPAten 16 1l1 1l1 Of d.i- GhaRt@r,-Fn.r 8.e ake.erat....
of Ia R.lw.a*4s Ia R.lma* -i1..- R.1iydwally iln.ng Rated ti-tnnG @14 es R.1
pmpnrhi aRrl con int ire-VittiR ti-tnriA rli-tF GM
'--� Formatted:Indent:Left: 36 pt
a. To adopt tS OWR bylaws.
i. T .lnntfv alwa4n Feg-4..r aRage aR.1 ..r..4nr4 6 qR f GaRt PF@h StOF
'--� Formatted:Indent:Left: 36 pt
�. TA AARdl-lGtgni S61R'@y 4n identify h c4nri Gaily, aFG4annl Ggal�d
rGh t@GWFally c Ri£i Ga Rt PFOR@14@c -tniGtir@c Rd that @ RIi£v 8.e
i lural al nG4i Gal GL.nnln..i Gal G FGL.i4nGtiral ti-tnry of 4L.n
Ration state OF Gi tv
'--� Formatted:Indent:Left: 36 pt
�. TA F@- rGt @Rd FPAAFAFAPRd to tt@ Git„G Gil the a.tentia. nF nr.tiR@RG@-
d@-i nnati Rn weas as tay Rn V.i-tnrin arGh t@Gtiral FGh@nlnniG@1 n G,lit, Fal .,@l-i@
OF 6 ..ifi Ga RGn a "L.i-tnriG d 64 G4-"
'--- Formatted:Indent:Left: 36 pt
i. TF@c Fgh @Rd r @Rto t.@ nits n RrI
nil 8.e anR41n.. nF nrrliR@RG@-
d@-i gnati nn R R@14 PS n oo nt rl tire- h@vi nn V.i-tori G
arGh iteGt Fal FGhenlnni nal n
r611 wal value OF 6 Ri£i G@RG@ a "1@RdFn@rLd' n "1@RdFA@Fk cited'
'--- Formatted:Indent:Left: 36 pt
$. TA F@- rGt @Rd FPAAFAFAPRd to tt@ Git„G Gil the a.tentia. nF nrrliR@RG@-
d@-i gnatnn R erFie- as havi nn V.i-tnrin rGh tentiral FGh@nlnni nal OF GiJural
value OF 6 Ri£i Gann@ a Rd vidually rl@-in Rater) V.i-tnriG n R@14 PS"
'--- Formatted:Indent:Left: 36 pt
Q. des rGb and FPAAFAFAPRd to the Git.,G GiI the a.lnntinR of nr.ti Ra RGes
ilnni gRati Rq weas G bGyi R.. bintnriG Gbi4nGt6lFaI rGbnnln..i GGI G A-4114 GIi.G
'--. Formatted:Indent:Left: 36 pt
len. TA FP6;P@FAh GRd r R.1 4..4bn G&a Gil 4bn G.1nR4a. of nr.1i RGRGGG
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as iG4iOR RIGRRi R.. G
'--- Formatted:Indent:Left: 36 pt
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ilnni gRatni1 IGR.1R.GrILG IGR.1ma* GiL.G AF bi G4nri.. .1i G4ri.dn G161d R.. GII
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'--- Formatted:Indent:Left: 36 pt
17TA @99iSt @Rd e rangythe RQFA ti RaOR of Ia RdFnaFIQS, Io nrl nark sites @Rd
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GQFAFA 66 OR n the r est Of the FnayOF, Gita n nil OF the state bistnriG
iG4iOR GWi GG
'- - Formatted:Indent:Left: 36 pt
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'--- Formatted:Indent:Left: 36 pt
TA. T-A F F99F@66 OF RIGL..1 AFk 4n ilntnrmi RG G RIi GRGn '.d4b
SP@G G@14 f notes of aRRrn Rn ateness OF Gerti£i Gates n£enn RAFA G RQRV obi lite
'--- Formatted:Indent:Left: 36 pt
1G Tn spp0p as aR adv GGra .1nGi..R r • L.n.1a M 4bn G&a G Gil inr FPY PIA
d ctrl Gtc Rd',;dually designated bistnriG n @14 ec OF£r.r alterati OR Of landmarks
Io Rdnark sites AF stRiGfiirec that iild 16"t R @ R.aterial Gba Ree
OF be yi si ble£rem the 96 1191 G'Nay-
16. TA spwp as aR adv i snry r . bndy to the Gity n Gil £nr the r n£
961191 RIa RRi Rn design R6#6l Gtinn and FA iRteRa RGe Reeds R rARPPP;@ti AR
RIaRRi Rn weas 61POR est£rem the Gity Gil
'--- Formatted:Indent:Left: 36 pt
gThP G Ghali 49n .. nd by 4bn GdFR Ri G4rG4iye, P GI�GGGG.lR4'.RRG-
bi dgetory and n eRt POIi es Of the Glty
16-10-36: IDENTIFICATION AND DESIGNATION OF LANDMARKS, SITES AND
HISTORIC DISTRICTS:
16-10-47: DESIGNATED LANDMARKS, SITES AND HISTORIC DISTRICTS:
16-10-59: DEMOLITION OF LANDMARKS, LANDMARK SITES AND STRUCTURES
IN HISTORIC DISTRICTS AND CONSERVATION DISTRICTS:
16-10-69: ALTERATION OF LANDMARKS, HISTORIC PROPERTIES AND SITES:
16-10-749: STANDARDS FOR DESIGN REVIEW:
16-10-&4 CONSERVATION DISTRICTS:
16-10-942- CONSERVATION PLANNING AREAS:
16-10-1049: APPEALS FROM COMMISSION ACTION:
16-10-114-4: INSPECTION:
16-10-1245: VIOLATIONS, PENALTIES:
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, 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 that the attached notice was published in said newspaper
on the following dates: June 05, 2015, and for which the charge is $135.81.
Subscribed to before . Notary Public in and for Dubuque County, Iowa,
this Ala day o, , �� , 20 /f
otary Public in and for ubuque County, Iowa.
+Owls
MARY K. WESTERMEYER
Commission Number 184885
My Comm. Exp, FEB. 1, 2017
eral. ordinances; designating 16-10-10: APPEALS
d.,_One (1) member • areas •as having ' FROM COMMISSION
must, be a • licensed- historic,: architectural, ACTION
architect archeological or,. cul-
4 Membership on the tura' value or 16 10 1 :
commission4must.com significance as historic TION:
ply witYi the provisionsd�istncts
of Iowa; Code: §69 16A, 7 To research and 16 10-12:., VIOLA -
relating to ;gender, ;,.recommend to the city TIONS PENALTIES:
balance,; and,: Iowa -council the adoption `of
Code §303 34 sub ec ' ordinances `designating Section 2. Nothing
tion 3; relating to propertie"s" or , struc herein effects•theterm
establishment, • of a .tures havinghistoric, of any ..serving
serving
commission to,' deal . architectural, archeo- as a'commissioner as
with matters ArnicilVing logical or Cultural value of the effective date of
areas. :' of historical,' or significance, l as this Ordinance.,
significance. landmarks` or landmark .Section 3. This
F. Oath: Eachperson, sites. Ordinance takes effect
upon appointment, or 8. To research and upon publication.
reappoihtmegt to ..the. .recommend. -„to the city Passed, approved,
commission, must exe- council the, adoption; of and adopted the 1st
cute an: oath'of:,office ..ordinances :designating day,ofJune, 20.15.'
at the.first meeting of properties ;;.as" ,having Vs/Roy D..Buol; Mayor
the -commission" fol- historic, architectural, • Attest: /s/Kevin S:
lowing the appoint- archeological or cul- Firnstahl, City Clerk
ment or reappointment tural value or signi- Publishetl officially in
or at the city clerk's ficance as';individually the''Telegraph Herald
office any time prior to designated . historic newspaper on_ the 5th
,the -first meeting.; of the properties.; •day of June, 2015.
commission 9 To research and /s/Kevin S. Eirnstahl,
G,Terms Theterm;of recommend to the city City Clerk
office.for a •commis- council th' doption'of, 1t615
stoner s -is " three.`, '(3) ordinances designating..._ .:_
years or until such " areas as -'•,, having
cornmissioner.'ssucces- historic, architectural,-
sor .ms :appointed: .and 'archeological-or.
qualified tura) value as "con -
H. Vacancies .Vacan- servation`districts".
cies .must be filled in 10•: -To 'researbh and
the same 'manner ,as recommend to the -city
onginai appointments. council,the'.adoptionof
In;therevent ;that "a • ordinances designating
vacancy • occurs, a - areas as .having
seat. which ;requires 'historic,.architectural,
that the appointee be a 'archeological 'or cul-.
resident• of a' historic tural ' value as "con-'
preservation :'district servation planning;
and forxwhich "there is areasa i :,;•
nib. application:,from aly To ,-maintain;:' a
qualified resident the' • r.'egisterr�ofall pro-.
city :..'council + :,.must
: pectes�an';d structures.;
appoint"a',tenthcom which ":have 'been
missioner which ap,. designated: /as -land
pointment•is tempo; marks landmark sites':
rary, • and upon . or historic d• istricts,
appointment,.',of' a 'including. _all .infor-
qualified , resident to .: nation required • for
the•6?,..? -vacancy, the ‘ each designation.
temporary appoint- 12 To`°assist and
ment.terminates: encourage"the norm-
I: 'Officers/Organiza- 2; nation of : landmarks„
tion: •:The commis- landmark `sites':.:and:
sioners; must :elect historic districts to':the
from. its'.membership a national register,,: of
chairpersonand.; vice historic- places •; :and
chairperson whose „ review and• . comment
terms .'of `office' are %ata public'.hearing on
fixed by, " bylaws any national register
adopted by : the nomination submitted
OFFICIAL commission The::chair to .the :' commission
PUBLICATION person presides over upon the request of the 1
. ORDINANCE NO. 40-15 the:'meetings .,of,. the , mayor, city council, or .
AMENDING CITY OF commission and has ''the state historic
DUBUQUE CODE OF the right to vote: The preservation office.
ORDINANCES TITLE vice, chairperson in 13 To"Confer •recog
16 UNIFIED DEVELOP cases '?'of `absence or nition upon'the owners'°
MENT CODE,. CHAP disability of the.;,chair of landmarks indivd-
TER . PO • HISTORIC person; may 'perform •,wally designated his-',
PRESERVATION COM- the duties of the tons properties orrof
MISSION APPLICA- chairperson The i city. property ;or structures <I
• TIONS AND ' PROCE; manager must fesig, • within historic. dis ,,
DURES BY , ESTAB- nate a city employee to trios
'LISHING THE HIS see,, as secretary to :`? 14 To review" :in`
TORIC P.,RESERVA- therycommission,- The progress or completed
' TION COMMISSION secretarymust. keep'a work ,to, _ determine,
AND PROVIDINGxFOR irecordr.; of .all ,meso compliance:with speci-.
THE POWERS, "OPER lutions proceedings . ficcertrFcatesofappro-
ATION MEMBERSHIP, and actions of the priateness:. or cert:
MEETINGS, e.r AND commission sc+u+ o ficates i of economic
APPLICATIONS AND J Meetings nonuiabilify.
PROCEDURES; . • 1 Regular Meetings.15 .To 'serve as an•
NOW, THEREFORE,. • The commission::must advisory, design review
BE-^IT ',ORDAINED., BY -meet at least•three (3) body to the?city council',
THE, CITY , !COUNCIL times mm a calendar :for review of, public
OF"'':THE `•CITY OF Year t0'maintain' Certi- -:works projects which
DUBUQUE,10WA: fied Local Government have historic • preser-
Section .1.<Title 16, status._<, vation •irnplications in
Chapter 10',of the City 2• Special Meetings. — historic districts indi-
of Dubuque, -::Code of ,Special .;meetings may vidually designated his
'Ordinances is hereby be called by the, toric -properties, or -for
amended as follows: chairperson •or' at the alteration r' of land 1
- Chapter 10 written:.request'of -a marks, I'andmark sites;
HISTORIC malo,ity,, t of the, ,or structures, -that,.
PRESERVATION commissioners would result
COMMISSION 3s Open Meetings All material y:change ain i
AP PROCEDURES ND " `c lledn nd h'eI' is ion ) uspblerion fhe'pub c�
1610-1.,, HISTORIC conformance with the way • .
PRESERVATION COM-: Iowa -"Open Meetings 16 To serve as' -an
MISSION: Law. advisory review.,body,,
A Commission 4. Attendance. to the city; council for
Created-'. There is a. In the event a, ' the review: of pub'lic
hereby " created , the -commissioner ='has planning, 'design, con -
Historic . ,Preservation been absent'for three struction, „and main-
COrn(3) mere consec- ;n
tenance ,eeds
•B Purpose :T.he'': uTiVe mor.;eetings of the 'conservation planning
pur-pose•' of • the commission without areas, upon request
commission -is o being excused by the from the city council.",
1 Promote the chairperson such ab- 16 10 2 DEFINITIONS:
educational," lcultural; sense will -be grounds -,For the purpose sof ^.
economic,• and generale for the.' commission to this chapter the
welfare of; :the public. recommend;to e city "following ,`words` and
through" the protection, council: thatththe ".phrases ,-have the
enhancement,; and per positon_,Fbe declared meanings ,ascribed -to
• petuation of ,:districts, vacant y and , , a re them below.
individually. designated: placement appointed
historic ;properties, . b �Aitentlancekmust , " CERTIFICATE OF
landmarks. a'ndwland-' ''ECONOMIC, NONVIA
mark sites 4 of minutes of all ^ ",BILITY . A; document,.
prehistoric;,-„,??. historic, meetin s issued by ;the •historic
architectural, . archeo 5 Minutes A copy•of preservation commis
logical,• and„;?cultural.' /the'.- mi.nutes 'of all lsiOn which acknow-
sigp ficance ? regular.; and special ledges an exception'as
2. Safeguardthe city's ° meetings of the "corn- - herein defined and
prehistoric historic, missies must be, filed which authonzes an .
aesthetic architec with th'e city council alteration or activity.
turaf; archeological within;;ten (10) working A ,Which creates' a '
u • "and'cultural,'heritage; days after :,each .material ,Change,,, in
Ay, preserving; historic •.meeting; or bythe next „appearance,” • or . the
properties districts,.s regularly " scheduled removal or' demolition,
landmarks„ and land- city council meeting, of a • landmark land=
mark sites of historical whichever is later mark site or of 'a ,
architectural; and cul 6 9.1.-o,"ssioum 4Ficove (5) ,structure' within ,a
tural':"si nificance `' ^commi`hersnsti LYi!stoncdistrict a a: -
g 3. Stabi, lize, F --and >quorum for the B.Which, requires "a
im- tute aq.
prove property values; transaction of„'::bust= regulated;permit;and
4. Foster,civil pride inness. The affirmative ” `,' C. For. which • a
the 'legacy 'of. beauty' vote" of; a majority of certificate of, appro-.
and achievements . of the commissioners pre- :•,p.riateness has been or
the past; sent and voting is " "would I be denied;
5. Protect and necessary for the however, a certificate
enhance the .city'sadoption of any motion of.. economic ,nonvia
attractions to tourists • or resolution bility may be, issued
and. Visitors, and the K ;;Compensation only upom;'a showing
support and stimulus Commissioners serve -that the";, property
to business `thereby,` without. compensation; owner will:be' deprived
provided; provided thaftheyMay, •Of any ,`reasonable
6. Strengthen" the recemve;reimbursement economicreturn on the
economy of.the city; for necessary travel property if: not allowed
and and other. ,expenses "to proceed with.,. -the
7. Promote the use ofWhile on official requested alteration or
properties, :districts; commission business "activity_
'landmarks, anclAand-•
within the -, limits ,.
mark sites -:l of pre estatilished in the city '"'DETERMINATION' OF
historic;•historic,: arch- administrative• „policies NO MATERIAL EFFECT:
itectural archeologm
and budget ; , A'docueht issued by
ical;' and cultural , L Rernoval'The city tthe'city .planner indi-
significance `as sites council 'may `remove eatingapprovalfor:any
for the :education, ` any, commissioner for :'normal "repair-or-act'
'pleasure and; welfare cause upon written "of maintenance., as
of Irthe Ycharges ands after a defined by , flits
city.; publictheanng * chapter which
C ;Internal Organza mar, M -Powers ;' The i -A Is not an alteration,
tion And 'Rules The ,cornmissiorr has„ the construction -removal,
enmmiccinn=mav,a'r9'nnt'.f0110,Wi;n'g-p0,wers du demolition excava-:=
And 'Rules; The
commission may adopt-
.rules
dopt•rulesand regulations
to govern "its organ-'
izationalprocedures as
may,
ibenecessary and
which -are .,:not In
conflict with this Code
•of'Ordinances or.the
Iowa Code: '''•
''•D ".Procedures For
Operation. All • admin-
istrative personhel,
accol tingr budgetary,
and': prdbureir`ient poi
icies"of the City 'govern.
the- COmMissiOnin all
its operations..,,,
E Membership
13 the Commission
comprises nine (9)"
residents of; .the:; city,
appointed by; -the city
council.. '
Age Requirement.
Residents must : ;be
'eighteen.(18) years of
-age or older
3 Special, pualifi
cations.,
• as One (1•); resident
from each ;des•gnated
historic , preservation
district including his
toric districts herein
,after established.
b.. Four. (4);. at -large
member's.
c.•: Each member must
'possess 'qualifications:
,evidencing,expertise or°
Interest in °'arehftec
turer history, arche
ology, law, ,construe;
tion, building rehabili-
tation city planning, or
conservation; ,in. gen-
conJmission
following powers;+ u
ties and resgonsi
bllities
1 To. promote and •
conduct educational
and interpretive:.; pro
grams S''on historic•
properties within its
Jurisdiction
2 !To develop; and
adopt °specific '%tan
dards.-for review; and
design `guidelines in
addition to those set',
forth in section 16,4617
of this chapter for the
alteration of ._Mand
marks :landmark sites,
ludIVI'Iually designated
historic?'. properties and
property] acid 'strucr
tures" "Within' • historic
districts. •
3. To adopt its; own
bylaws
4 To, identify, eval-'
uate, register manage`
and protect significant
prehisto'ricand historic
•archeologlcal sites.
5. To-- conduct an
'ongoing survey:.• to
.identify historically,
archaeologically and
architecturally:<. signifi-
cant; properties, 'struc-
• ture's and areas that
exempliify the; cultural,
social, economic; poli-
tical, ',archeological or.
architectural history of
the '•nation;;.state o{
city.
6 To .research and
recommend:to the city"
council the adoption of,
construction, removal
demolition or excava
'tion as defined by this
13Dot create.a.',
Material
not
change in, the
exterior- architectural
appearanceor ,exterio• r
features of -a structure
or site; and
C. Nonetheless -does
require a regulated
permit. •
16-10-3:` IDENTIFICA-
;TION AND rDESIGNA,7
`'TION OF LANDMARKS,
SITES AND HISTORIC
DISTRICTS;
16 10 4 DESIGN4TED
LANDMARKS „ SITES ,
' AND HISTORIC 'DIS
TRICTS
16 10-5:"'DEMOLITION
OFLANDMARKS LAND-
MARK :SITES ,AND {'
STRUCTURES IN HIS--
TORIC
IS TORIC DISTRICTS
CONSERVATION DIS`-
T.RICTS: •
16 10 6:
ALTERATION
OF LANDMARKS, HIS-
TORIC' PROPERTIES
AND SITES:;'
'16 10 7:'STANDARDS "
FOR DESIGN REVIEW:
-' 16.108:''CONSERVA=
TION DISTRICTS:,
•
16-10 9:.CONSERVA-
TION PLANNING AREAS: