Historic Pres. Ord. amendmentCity Ho31
(563) 589~4210 office
(563) 589-4221 f~x
plann~g~cityofdabuque.org
The Honorable Mayor and City Council
City of Dubuque
50 W. 13~ Street
Dubuque, IA 52001
RE: Recommended Amendments to Historic Preservation Ordinance
September 10, 2002
Dear Mayor and City Council Members:
INTRODUCTION
The Historic Preservation Commission is requesting that the City Council approve
amendments to the Histodc Preservation Ordinance. An ordinance is attached for your
consideration.
BACKGROUND
The City of Dubuque currently has five locally-designated historic districts: Cathedral,
Jackson Park, Langworthy, Old Main and West 11th Street. The City also has seven
locally-designated landmarks: City Hall, County Courthouse, Old Jail, Shot Tower,
Julien Dubuque's Monument, Wm. M. Black steamboat, and Mathias Ham House.
These historic districts and landmarks have been an effective way to help save the
architectural and historical significant structures that help bring tourists to this city
annually as well as instill neighborhood pride.
DISCUSSION
The HPC request two amendments to the Historic Preservation Ordinance: (1) to
officially incorporate the recently adopted Design Guidelines in the design review
process, and (2) to add approval of site plans in historic districts and at landmark sites
to the design review process.
The Commission requests amendment of Section 25-10(c) Standards of Review to
incorporate the Architectural Guidelines for Historic Structures and the Streetscape and
Landscape Guidelines for the historic districts. Presently the Commission uses the
Secretary of the Interior's Standards and Guidelines for Rehabilitation in the design
reviews. This amendment would incorporate the recently adopted design guidelines as an
additional resource for design reviews.
Recommended Amendments to Historic Preservation Ordinance
Page 2
The HPC requests amendment of Section 25-8 Alteration of landmarks, landmark sites or
structures in historic districts to allow the Commission to review and approve site plans.
Currently, the design review process applies only to building permits for alterations visible
from the public way. Site plans for new or expanded parking lots, however, do not require a
building permit, so the HPC does not review them. With the new Streetscape/Landscape
Guidelines in place, the Commission has direction for the review and approval of these
types of improvements.
RECOMMENDATION
The Commission respectfully requests that the City Council adopt these amendments to
the Historic Preservation Ordinance.
Sincerely,
Christopher Wand, Chairperson
Historic Preservation Commission
Attachments
CC
Michael Van Milligen, City Manager
Barry Lindahl, Corporation Counsel
Laura Carstens, Planning Services Manager
Rich Russell, Building Services Manager
HISTORIC PRESERVATION ORDINANCE AMENDMENTS
Affects of the proposed amendments on the existing language in Section 25-10,
with new language shown in bold:
25-10 Standards for Review
(c) The commission shall also be guided by the Architectural Guidelines for
Historic Structures in the Historic Districts of the City of Dubuque, Iowa;
the Streetscape and Landscape Guidelines for the Historic Districts of the
City of Dubuque, Iowa; and any design standards specified in the ordinance or
amendment designating the landmark, landmark site or historic district.
Affects of the proposed amendments on the existing language in Section 25-8,
with new language shown in bold:
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 non-viability.
(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 or site plan approval 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 or site plan approval as
herein defined.
(B) No regulated permit or site plan approval 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, determination 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", the Secretary of Interior's "Standards and
Guidelines for the Treatment of Historic Properties", and the "Secretary of
the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating
Histodc 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.
Historic Preservation Ordinance Amendments
Page 2
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.
(2)
Approve the proposed project; certificate of appropriateness.
a. The commission shall issue a certificate of appropriateness if, upon
application and after conducting a review of the application, 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
architectural features of the structure, improvement or site upon which
the work is to be done will not have a substantial adverse effect on the
aesthetic, historic or architectural significance 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 or site plan approval and to
proceed with the proposed alteration or activity.
(3) Disapprove the proposed project; review of preservation altematives;
certificate of appropriateness.
a. The commission shall issue a certificate of appropriateness, upon
application for and after conducting 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 proposed
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 done will not have a substantial adverse effect on the
aesthetic, historic or architectural significance and value of either the
property itself or of the neighboring improvements in a district.
b. The issuance of a certificate of appropriateness after a review of
preservation alternatives shall enable the applicant to obtain a regulated
permit or site plan approval and to proceed with the proposed alteration
or activity.
Historic Preservation Ordinance Amendments
Page 3
(4) Disapprove the proposed project; certificate of economic non-viability. The
commission shall issue a certificate of economic 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 or site plan approval until there has been a determination of
no material effect or a certificate of appropriateness or a certificate of economic
non-viability issued.
(E) The transfer of a determination of no material effect, certificate of
appropriateness or certificate of economic 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 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 matedal
effect, certificate of appropriateness or certificate of economic non-viability was
issued is not initiated within one (1) year of its issuance.
VVwernimolcouncil/HISTORIC PRESERVATION ORDINANCE AMENDMENTS.doc
Preparer: Laura Caretens. Plannina Services Manager Address: 50 W. 13th Stre~ Telephone: 563-589-4210
ORDINANCE NO. 79-02
AN ORDINANCE AMENDING CHAPTER 25 (HISTORIC PRESERVATION
ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING
SECTION 25-10 STANDARDS OF REVIEW TO INCLUDE DESIGN GUIDELINES FOR
THE HISTORIC DISTRICTS; BY AMENDING SECTION 25-8 ALTERATION OF
LANDMARKS, LANDMARK SITES, AND HISTORIC STRUCTURES IN THE HISTORIC
DISTRICTS TO INCLUDE SITE PLAN APPROVAL.
Whereas, the Historic Preservation Commission has recommended amendments
to Chapter 25 (Historic Preservation Ordinance) of the Code of Ordinances of the City of
Dubuque; and
Whereas, the City Council finds that the recommended amendments to the
Histodc 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 IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Historic Preservation Ordinance (Chapter 25) of the City of
Dubuque Code of Ordinances is hereby amended by adding the Design Review
Guidelines as a Standard of Review to Section 25-10 as follows:
Section 25-10 Standards of Review.
(c) The commission shall also be guided by the Architectural Guidelines for Histodc
Structures in the Historic Districts of the City of Dubuque, Iowa; the Streetscape and
Landscape Guidelines for the Histodc Districts of the City of Dubuque, Iowa; and any
design standards specified in the ordinance or amendment designating the landmark,
landmark site or historic district.
Section 2. The Histodc Preservation Ordinance (Chapter 25) of the City of
Dubuque Code of Ordinances is hereby amended by adding site plan approval to the
design review process in Section 25-8 as follows:
Section 25-8 Alteration of landmarks, landmark sites or structures in historic districts;
determination of no matedal effect; certificate of appropriateness; review of preservation
alternatives; certificate of economic non-viability.
Ordinance No. - 02
Page 2
(A) After designation of a landmark, landmark site or histodc distdct 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 or site
plan approval is required, shall be reviewed by the histodc 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 histodc distdct
where such maintenance or repair does not involve a material change of
appearance which necessitates issuance of a regulated permit or site plan approval
as herein defined.
(B) No regulated permit or site plan approval 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, determination of no matedal effect.
a. If an application submitted to the commission demonstrates compliance with
the "Secretary of Interior's Standards and Guidelines for Amhaeology and
Histodc Preservation", the Secretary of Interior'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.
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.
(2) Approve the proposed project; certificate of approprtateness.
a. The commission shall issue a certificate of appropriateness if, upon application
and after conducting a review of the application, 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 architectural
features of the structure, improvement or site upon which the work is to be
done will not have a substantial adverse effect on the aesthetic, histodc or
Ordinance No. - 02
Page 3
amhitectural significance 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 or site plan approval and to proceed with the proposed
alteration or activity.
(3) Disapprove the proposed project; review of preservation alternatives; certificate
of approprfateness.
a. The commission shall issue a certificate of appropriateness, upon application
for and after conducting a review of preservation alternatives, it finds:
1. That the property owner or the prope~'¥ owner's representative has
established that the preservation alternatives for the proposed 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
done will not have a substantial adverse effect on the aesthetic, historic or
amhitectural significance and value of either the propeAy itself or of the
neighboring improvements in a district.
b. The issuance of a certificate of appropriateness after a review of preservation
alternatives shall enable the applicant to obtain a regulated permit or site plan
approval and to proceed with the proposed alteration or activity.
(4) Disapprove the proposed project; cert~lcate of economic non-viability. The
commission shall issue a certificate of economic 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.
Ordinance No. - 02
Page 4
(D) The building official, city engineer or other local authorities shall not issue a
regulated permit or site plan approval until there has been a determination of no
material effect or a certificate of appropriateness or a certificate of economic non-
viability issued.
(E) The transfer of a determination of no material effect, certificate of appropriateness or
certificate of economic 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 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 non-viability was issued is not initiated within
one (1) year of its issuance.
Section 3. That the foregoing has heretofore been reviewed by the Historic
Preservation Commission of the City of Dubuque, Iowa.
Section 4. This ordinance shall take effect immediately upon publication.
Passed, approved and adopted this 16th day of September ,2002.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
/ Terrance M. D/~ayor
wwemimo/council/hpordiancechangeform,doc