American Trust & Savings Appeal
Planning ServIces Department
SO West 13th Street
Dubuque, Iowa 52001.4864
Phone (319) 589.4210
Fax (319) 589.4149
D~
~~~
March 9, 2000
The Honorable Mayor and City Council Members
City of Dubuque - 50 W. 13th St
Dubuque IA 52001
SUBJECT:
Appeal of Historic Preservation Commission Decision
Applicant: American Trust and Savings Bank
Project: Install Two Illuminated Wall-Mounted Signs and One
Illuminated Freestanding Sign
901 Locust Street
Jackson Park
Location:
District:
Dear Mayor and City Council Members:
This letter transmits the Historic Preservation Commission's record 'concerning a design
review request for property located at 901 Locust Street in the Jackson Park Historic
District. American Trust and Savings Bank is appealing the Commission's denial of the
request to install two internally illuminated wall-mounted signs and one internally
illuminated freestanding sign.
Application for Certificate of Appropriateness
On December 16, 1999, the Historic Preservation Commission reviewed a request for a
Certificate of Appropriateness from American Trust and Savings Bank to install two
internally illuminated wall-mounted signs and one internally illuminated freestanding
sign at 901 Locust Street.
Findings
Based on the specific information presented at the Public Meeting and contained in the
application, and in accordance with the applicable standards in the Historic
Preservation Ordinance, the Commission made the following findings:
1)
Standards for review set forth in Chapter 25 of the Code of Ordinances of the
City of Dubuque, Iowa, have not been met; and
2)
The proposed signage was not in keeping with the materials and style typical of
historic signs.
Decision
By a vote of 2 to 2, as indicated in the minutes, the Historic Preservation Commission
denied the request due to a lack of a majority vote.
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The Honorable Mayor and City Council Members
March 9, 2000
Page 2
After the decision, the Commission requested that staff ask American Trust and
Savings Bank to look at externally illuminated signs as an option.
Application for Certificate of Appropriateness
On February 17, 2000, the Historic Preservation Commission again reviewed a request
for a Certificate of Appropriateness from American Trust and Savings Bank to install
two internally illuminated wall-mounted signs and one internally illuminated freestanding
sign at 901 Locust Street. American Trust and Savings Bank requested the signs be
allowed to have internal illumination and have plastic cabinet faces which would be
keeping with the design of the signs at their other bank locations.
Findings
Based on the specific information presented at the Public Meeting and contained in the
application, and in accordance with the applicable standards in the Historic
Preservation Ordinance, the Commission made the following findings:
1)
Standards for review set forth in Chapter 25 of the Code of Ordinances of the
City of Dubuque, Iowa have not been met; and
2)
That the proposed signage, particularly the material and means of lighting, is not
appropriate for a historic district because this property is a gateway to the
Jackson Park Historic Preservation District; and
3)
That the proposed signage is not appropriate according to "The Secretary of the
Interior's Guidelines for Historical Structures", which states that alterations, new
construction or architectural features protect the historic integrity of the property
and its environment.
Decision
By a vote of 4 to 2, as indicated in the minutes, the Historic Preservation Commission
denied the request.
Appeal of this Request
On March 1, 2000, the applicant submitted a letter of appeal to the City Council. The
following items are attached and are the complete records of this project: 1) Letter of
Appeal to the City Council; 2) design review applications for Certificate of
Appropriateness; 3) minutes of the Historic Preservation Commission meeting of
December 16, 1999 and February 17, 2000; 4) Notice of Decisions dated December 22,
1999 and February 18, 2000; 5) Sections 25-8,25-9,25-10, and 25-11 of the Historic
Preservation Ordinance, and 6) the Secretary of Interior's Standards for Rehabilitation.
Section 25-11 of the Historic Preservation Ordinance states that on appeal, the City
Council shall consider only the record of the action before the Commission. No new
material may be considered. The City Council must consider whether the Commission
The Honorable Mayor and City Council Members
March 9, 2000
Page 3
exercised its powers and followed the guidelines established by law in the Historic
Preservation Ordinance, and whether the Commission's action was patently arbitrarily
or capricious. This section provides that the City Council may affirm or reverse the
Commission's decision, or they may refer the matter back to the Commission for such
further action as may be appropriate.
Respectfully submitted,
~þ1+~
Ken Kringle, Chairperson
Historic Preservation Commission
Attachments
cc:
Historic Preservation Commission
Laura Carstens, Planning Services Manager
James O'Brien, Assistant City Attorney
Mark Noble, Assistant Planner
CITY OF DUBUQUE
MAR 0 1 2000
NOTICE OF APPEAL TO
CITY OF DUBUQUE PLANNING SERVICES DEPARTMENT
American Trust & Savings Bank, in accordance with Dubuque Ordinance Section 25-11 (A),
hereby appeals to the Dubuque City Council the decision of the Dubuque Historic Preservation
Commission on the 17th day of February, 2000 which denied American Trust & Savings Bank
application for certificate of appropriateness concerning the property located at 901 Locust St.
Under the Dubuque Ordinance Section 25-11 (B) the Planning Services Department is to immediately
transmit such notice and the record of the action before the Commission to the City Clerk.
Dated this
,
day of
Iì1Alt-cl
,2000.
AMERICAN TRUST & SAVINGS BANK
ACKNOWLEDGMENT
By:L).~
d
The Planning Services Department hereby acknowledges receipt of a Notice of Appeal.
Dated this~day of ...../~
,2000.
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Property owner(s); Å..ær'CQI1 Írt5t J ~úljS ~It k
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Historic DiStrict:.-Jð,c.~k.. --Ch r k Landmark:
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0 Variance
0 Conditional Use Pertnit
0 Appeal
0 Special Exception
0 Limited Setback Waiver
Planning SetVices Department
City Hall, 50 West 13th Street
Dubuque, Iowa 5200l.4864
(319) 589-4210
APPLI CATION
FORM
0 Rezoning
0 Planned District
0 Preliminary Plat
0 Minor Final Plat
0 Text Amendment
~ Design Review
0 Annexation
0 Temporary Use Permit
0 Simple Site Plan
0 Minor Site Plan
0 Major Site Plan
0 Major Final Plat
0 Simple Subdivision
Telephone: Sf? -J. - I ell I
State;--111- Zip: S)tJt) /
Telephone; 55'(; -5J/t;'
State;~ Zip: S,)..«J4-tJ6ð7
Other HPC Review:
Legal description (sidwell parcel J.D. number, or lot numberlblock number/subdivision):
Total property (lot) area (square feet or acres); Number of lotS;
Describe proposal and reason necessary (attach a letter of explanation if needed); W!:!I"- r-€..U,'..e-w ~r
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CERTIFICATION; I/we, the undersigned, do hereby certify that:
I) The infortnation submitted herein is true and correct to the best of my/our knowledge and upon submittal
becomes a public record
2) Fees are not refundable and payment does not guarantee approval; and
3) All additional required written and graphic materials are attached.
Property owners(s);
APPlicant/agen~6~'? 1tk.Vz- -§)
Date;
Date:
1/ - J. 3 - 91
Fee;-
Received b
0 Property ownership list
0 Improvement plans
- Application submittal checklist
Date; 1t(¿3!~'"
Docket:
0 Floor plan
0 Plat
0 Conceptual development plan
0 Design review project description
0 Photo
0 Other;
DESCRIPTION OF PROPOSED PROJECT
PLEASE COMPLETE AND BRING TO YOUR SCHEDULED DESIGN REVIEW
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F, \ U SERS\J GLEWlMYWPlHI S 11' RES \Fa RMSIPR a POSED. PRJ
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City of Dubuque
Planning Services Department
50 West 13th Street
Dubuque IA 52001-4864
Phone; 319-589-4210
Fax: 319-589-4149
PLANNING APPLICATION FORM
CJ Variance
0 Conditional Use Permit
0 Appeal
CJ Special Exception
CJ Limited Setback Waiver
0 Rezoning
0 Planned District
0 Preliminary Plat
0 Minor Final Plat
0 Text Amendment
0 Simple Site Plan
0 Minor Site Plan
0 Major Site Plan
0 Major Final Plat
0 Simple Subdivision
0 Annexation
0 Temporary Use Permit
)!(Certificate of Appropriateness
0 Certificate of E onomi ardship /J
ß{Other: .Q.S k !C-€,¡,,-<¿tJ
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Fax Number: 319-5&:7-. .~L( Mobile/CeliularNumber:
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State: It!::- zip!;;JCo4-0Cx:; ')
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Fax Number:
Landmark:
Legal description (Sidwell ParcellD number or lot number/block number/subdivision):
Number of lots'
CERTIFICATION: I/we, the undersigned. do hereby certify that:
1.
The information submitted herein is true and correct to the best of my/our knowledge and upon submittal
becomes public record;
Fees are not refundable and payment does not guarantee approval; and
All additional required written and graphic materials are attached.
2.
3.
Date:
Date ¡-;;;.g-(")¿j
Applicant/Agent:
FOR OFFICE USE
Fee:
Received by'
PLICATION SUBMITTAL CHECKLIST
Date \! ¿;¡, 10"> Docket:
0 Plat 0 Conceptual development plan
0 Photo [J Other:
CJ Property ownership list
c Improvement plans
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DECRIPTION OF PROPOSED PROJECT
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kbirkenh \appforms \proposed.prj
01/28/2000 08: 54
31958'30857
AMERICAN TRUST
PAGE 02
Paragraph 1
Install three exterior signs at the new American Trust bank office at gth & Locust Street
for the purpose of business identification and sales promotion. The property owners
request one free standing, internally illuminated, pylon sign; and two building-mounted
internally illuminated signs.
Paragraph 2, The proposed signs are well under the size limitations set forth by C-4
zoning, At the request of the HPC. the owners and the applicant considered other sign
design and illumination options. After thoughtful consideration to both internal and
external illumination options, the owner is seeking approval for original internally
illuminated design.
Paragraph 6.
The owners sought and received a City ordinance text amendment to enable them to erect
freestanding and internally illuminated signs like similarly located C-4 businesses. The
owners have made considerable effort to develop marketing-effective sign options using
both internal and external illumination. As a result of this process, the owners maintain
that internal illumination is necessary for reasonable business operation and effective
marketing management,
~ 11 Larry ~itz
~~~ Sign Systems Inc,
2400 KERPER BLVD. Po. BOX 607 DUBUQUE, IA 52004-0607 (319)556-5316 TOLL FREE NATIONWIDE 600-383-1300 FAX (319)582-8064
HISTORIC DISTRICTS SIGN REGULATIONS FROM VARIOUS MUNICIPALITIES
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Many cities and towns throughout the United States and Canada have designated
historic districts and/or properties. In many of these municipalities, these historic areas
fall within commercial districts where signage is required for normal business
operations, All of these districts are regulated by signage ordinances which vary from
city to city, Some of these cities have Historic Preservation Commissions or review
boards that any proposed historic district signs must be reviewed by, Other cities do
not have commissions or boards but have the historic regulations listed as part of their
signage ordinances, The following are some of the historic regulations on lighting of
signs in historic districts,
"Business and industrial signs may be internally lighted or illuminated by a hooded
reflector, provided, however, that such lighting shall be arranged to prevent glare and no
sign shall be lighted by a lighting of intermittent or varying intensity,"
The above regulation is the most common one found, Some of the municipalities
having this in their signage regulations are Cottage Grove, Wisconsin; Darlington,
Wisconsin; Dodgeville, Wisconsin and Mount Horeb, Wisconsin, All of these
municipalities listed have historic downtown districts, The Mount Horeb regulation is a
little differently worded, "Front wall signs may be gaseous tube type or may be
illuminated by interior meàns 01 lighting 01 an intensIty to prevent excessIve glare, or by
indIrect lighting desIgned to !lood only the area of the sign with light and to prevent
excessive glare, or by indirect lighting designed to flood only the area of the sign with
light and to prevent light from being directed on surrounding property,"
Whitewater, Wisconsin is a city that is very proud of their historic districts, They
have a sign illumination regulation that reads: "No illuminated sign shall be permitted
unless the illumination of the sign is so designedi:hat the lighting element does not
affect adjacent property (maximum five-foot candle power at lot line) , All illuminated
signs shall comply with the State Electrical Code, and limited to the hours of customer
access," This regulation requires the use of a light meter to engineer the sign and to
enforce the regulation, This restriction is most restrictive for indirect illuminated signs
as they tend to flood the area with excessive l\ghh It also restricts the hours the sign
can be illuminated by the hours of business operation and customer access.
The city of Watertown, Wisconsin did not allow for internal illumination in their
downtown hIstone dIstrIct untIl they recently adopted a new sign ordinance, The new
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-
ordinance no longer allows for projecting signage on Main Street but does allow for
internal illumination, Watertown does have a historic review committee that regulates
signs for compatibility to the surroundings and focuses on materials used and design,
Iowa City employs an HPC which regulates all signs in their Historic districts,
Whether or not they allow for internal illumination depends on design more than
sentiment, Their ordinance states "may be allowed if it is in keeping with the
architectural character of the structure and is appropriate to a particular period in the
building's history or an integral part of its identity,"
These are just a few examples of how various cities deal with illuminated signs in their
historic zones, In many of these cities, the focus is more on design compatibility than
whether or not internal illumination is "historic", One zoning administrator stated that
their city would rather allow for internal illumination of the signs in the historic Main
Street district than to have signs with hooded reflectors sticking out on every building,
The majority of businesses in their Main Street district are "daytime" businesses and are
required to shut off the signs after business hours unless there is a need for 24 hour
customer access, This city had only allowed indirect lighting of signs and found that all
the hooded lightfixtures were far more objectionable than design regulated internally
illuminated signs. Design regulations include that only the copy can be lighted, This
means a business could not put up a plastic faced sign where the entire background
illuminates,
MINUTES
HISTORIC PRESERVATION COMMISSION
REGULAR SESSION
Thursday, December 16, 1999
5:00 p,m,
Auditorium, Carnegie Stout Library
360 W, 11th Street, Dubuque, Iowa
PRESENT:
Chairperson Ken Kringle; Commission Members Jim Gibbs, Terry Mozena and
Duane Greenfield; Staff Member Mark Noble.
ABSENT:
Commission Members Pam Bradford and Suzanne Guinn.
AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying the meeting
was being held in compliance with the Iowa Open Meetings Law,
CALL TO ORDER: The meeting was called to order at 5:04 p.m,
MINUTES: Motion by Kringle, seconded by Gibbs, to approve the minutes of the November 17,
1999, meeting as submitted, Motion approved by the following vote: Aye: Gibbs, Mozena,
Kringle, Nay: None, Abstain: Greenfield,
DESIGN REVIEW/AMERICAN TRUST & SAVINGS BANK: Application for Certificate of
Appropriateness for American Trust & Savings Bank for property located at 9th & Locust Streets
to install a freestanding sign and 2 wall signs in the Jackson Park Historic Preservation District.
Jim Hamilton, American Trust & Savings Bank, reviewed the proposal for new signage at the
facility at 901 Locust Street. He reviewed the history of this request, noting that a text amendment
request was approved by the City Council on November 15, 1999. He reviewed the issues
addressed previously by the Historic Preservation Commission pertaining to area, illumination and
height of the freestanding sign,
Peg Hudson, American Trust and Savings Bank, reviewed the corporate identity established by
American Trust. She also addressed the importance of having illuminated signage at this new
facility, She noted that they have considered working the sign design into the archway of the
building. She also noted that the illuminated channel letters sign does not beam a large amount
of light, rather it tends to glow with a more subdued light. She also reviewed the rationale for
illuminating the directional signs,
The Commission discussed this request, noting the issues they had addressed in the previous
review of the text amendment for this signage, They also expressed concern that the signs
proposed are not in keeping with historical signage, particularly pertaining to the lighting and the
materials used,
Motion by Greenfield, seconded by Gibbs, to approve the freestanding sign and two wall signs as
proposed, Motion failed due to lack of a majority vote: Aye: Greenfield and Kringle; Nay:
Mozena and Gibbs.
MINUTES
HISTORIC PRESERVATION COMMISSION
REGULAR SESSION
Thursday, February 17, 2000
5:00 p.m,
Auditorium, Carnegie Stout Public Library
360 W, 11th Street, Dubuque, Iowa
PRESENT:
Chairperson Ken Kringle; Commission Members Pam Bradford, Suzanne Guinn,
Jim Gibbs, Terry Mozena, and Duaine Greenfield; Staff Members Mark Noble,
Tim O'Brien, Laura Carstens and Melinda Rettenberger.
ABSENT:
None,
AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying the meeting
was being held in compliance with the Iowa Open Meetings Law,
CALL TO ORDER: The meeting was called to order at 5:06 p.m,
MINUTES: Motion by Gibbs, seconded by Kringle, to approve the minutes of the January 20,
2000 meeting, Motion carried by the following vote: Aye: Kringle, Bradford, Guinn, Gibbs,
Mozena and Greenfield; Nay: None,
DESIGN REVIEWI 623-627 ARLINGTON STREET: Application of Tim WoodNicky Bechen for
a Certificate of Economic Hardship to install vinyl siding for property located at 623-627 Arlington
Street in the Jackson Park Historic Preservation District.
Staff member Mark Noble reported the applicant has requested this application be tabled to the
March 16,2000 meeting,
Motion by Greenfield, seconded by Bradford, to table this application to the March 16, 2000
meeting, Motion carried by the following vote: Aye: Bradford, Guinn, Gibbs, Greenfield, Kringle,
and Mozena; Nay: None,
PUBLIC HEARING (TABLED FROM JANUARY 20.2000 MEETINGIIDESIGN REVIEWI 391 W.
12TH STREET: 1240 BLUFF STREET 1201, 1243. 1255-57 & 1299 LOCUST STREET:
Application of Boys & Girls Club of Greater Dubuque for Removal from Historic District for
property located at 391 W. 12th Street; 1240 Bluff Street; 1201, 1243, 1255-57 & 1299 Locust
Street in the Jackson Park Historic Preservation District.
Staff Member Noble reported the applicant has requested this item be tabled to the March 16,
2000 meeting.
Motion by Greenfield, seconded by Bradford, to table the application to the March 16, 2000
meeting. Motion carried by the following vote: Aye: Bradford, Guinn, Gibbs, Greenfield, Kringle,
and Mozena; Nay: None,
Minutes - Historic Preservation Commission
February 17, 2000
Page 2
DESIGN REVIEW\901 LOCUST STREET: Application of American Trust & Savings Bank for a
Certificate of Appropriateness to install two illuminated wall signs and one illuminated freestanding
sign for property located at 901 Locust Street in the Jackson Park Historic Preservation District.
Jim Hamilton, American Trust & Savings Bank, presented an overview of the project to date, Mr.
Hamilton introduced Peg Hudson of American Trust and Dave Schultz of Larry Weitz Sign
Systems, Ms, Hudson reported that she has been working closely with Mr, Schultz to develop
alternative designs for the two illuminated wall-mounted and one illuminated freestanding signs.
Ms, Hudson stated that after considerable research and review, the bank has chosen to proceed
with internally illuminated signs for this location, She stated that the internal illumination will
provide the sign with a glow, rather than projecting light onto a sign, and the glow would be more
appropriate for the bank and the neighborhood, Ms, Hudson discussed that internally lit signs
would provide for a consistent application of the bank's logo for their corporate signage, and that
internal illumination of signs was the most appropriate because it produced less light glare than
external illumination, She noted the site's proximity to the existing internally lit sign at 9th and
Locust Streets, and its location in a commercial area adjacent to parking lots, a parking ramp, and
the telephone company's building.
Mr, Schultz displayed maps of three historic districts in Dubuque that currently have signs with
internal illumination, stating that this request does not conflict with other signs in the historic
districts and is comparable to signage allowed in historic districts in other cities, He reviewed
internal versus external illumination, emphasizing there will be less glare with internally lit signs.
Ms, Hudson requested that the same consideration be given to their project as similar signs
approved in other historic districts within the city of Dubuque and requested approval of their
application.
Commissioner Mozena asked for examples of the other signs they were asked to research, Mr.
Schultz distributed pictures of other internally illuminated signs in the city of Dubuque Historic
Districts, adding that they looked at other types of signs but felt that internal illumination was the
best choice. Commissioner Greenfield stated he likes the internally illuminated signs as
proposed, Commissioner Bradford asked that of those internally illuminated signs identified in
other historic districts, how many were grandfathered. Mr, Schultz replied that he wasn't sure
how many had been grandfathered,
Staff Member Mark Noble reported that American Trust and Savings Bank is located in a C-4
Downtown Commercial District and that the sign regulations of the C-4 District were recently
amended to allow freestanding and illuminated signs, Mr. Noble stated that the Jackson Park
Historic District encompasses other zoning districts, some of which have permitted internally
illuminated signs for many years.
Commissioner Mozena stated he thought the signs presented were attractive, but that he did not
think that signs made from plastic were appropriate for a historic district. He felt there were better
ways to develop signage for historic districts, He noted that Dempsey's Restaurant, which is
located next door to the bank, had recently submitted an application for a new externally lit
Minutes - Historic Preservation Commission
February 17, 2000
Page 3
aluminum sign which was approved by the Commission, and that they had done a good job with
their sign,
Ms, Hudson reported that most of the bank's proposed freestanding signage is not plastic and the
amount of plastic in the sign can be held to a minimum. Mr. Schultz reported film strips can be
added to control the amount of light emanating from the sign,
Commissioner Bradford asked for the dimensions of the proposed signs, Mr. Schultz referred
the Commission to the sketches included in the packet and reported that the freestanding sign
is 8' x 7'3" in size, Commissioner Bradford also noted that in the Jackson Park Historic District,
there appears to be three signs located on properties zoned C-4 that are smaller in size. Ms.
Hudson reported that there is enough space for the proposed freestanding sign, and that this sign
is smaller than the American Trust monument sign located across the street from where this sign
is proposed to be located,
Motion by Greenfield, seconded by Bradford, to approve the Certificate of Appropriateness for
the three signs as submitted, Motion was denied by the following vote: Aye: Guinn and
Greenfield; Nay: Gibbs, Bradford, Mozena and Kringle,
DESIGN REVIEW\200 MAIN STREET: Application of Iowa Wireless Services for a Certificate of
Appropriateness to install 3 pair of communication antennas and 2 two-foot diameter micro dishes
on the roof of the Julien Inn, located at 200 Main Street in the Old Main Historic Preservation
District.
Andy Anderson, representative of Iowa Wireless, reported this project involves installing three sets
of antennas and two micro dishes on the roof of the Julien Inn, Mr. Anderson referred to the
drawings and explained where the microwave dishes and antennas would be installed, Mr.
Anderson stated that they must use microwave dishes because U,S. West cannot provide a fiber
optic hookup to this site for at least six months,
Commissioner Guinn asked about the size of the antennas. Mr. Anderson reviewed the
dimensions of the antennas, as well as the shape and proposed color,
Motion by Kringle, seconded by Greenfield, to approve the application, Motion carried by the
following vote: Aye: Bradford, Guinn, Gibbs, Greenfield, Kringle, and Mozena; Nay: None,
DESIGN REVIEW\1255-57 LOCUST STREET & 1299 LOCUST STREET: Application of Boys
and Girls Club of Dubuque for a Certificate of Appropriateness to construct an addition to the
south side of the existing facility and construct a connection to the adjacent Mcintyre Building
located at 1255-57 Locust Street and 1299 Locust Street in the Jackson Park Historic
Preservation District.
Planning Services Department
50 West 13th Street
Dubuque, Iowa 52001-4864
(319) 589-4210
(319) 589-4149 FAX HISTORIC PRESERVATION COMMISSION
CERTIFICATE OF APPROPRIATENESS
NOTICE OF DECISION--DENIAl
i5~
~~~
APPLICANT:
American Trust & Savings Bank
LOCATION:
901 Locust Street
DISTRICT: Jackson Park
DATE OF PUBLIC MEETING/DECISION: December 16, 1999
The Historic Preservation Commission of the City of Dubuque, Iowa hereby renders
and gives notice of its decision whether to grant a certificate of appropriateness on the
above-captioned application in conformance with Section 25 of the Historic
Preservation Ordinance,
APPLICATION: The applicant seeks to install a freestanding sign and two wall signs,
PUBLIC MEETING: After notice, as required by law, a Public Meeting was held on
December 16, 1999, Minutes of the meeting and copies of materials submitted in
evidence are on file in the Office of Planning Services, City Hall, Dubuque, Iowa,
FINDINGS: Based on the specific information presented at the Public Meeting and
contained in the application, and in accordance with the applicable standards in the
Historic Preservation Ordinance, the Commission makes the following findings:
1)
Standards for review set forth in Chapter 25 of the Code of Ordinances of the
City of Dubuque, Iowa have not been met; and
2)
The proposed signage was not in keeping with the materials and style typical of
historical signs,
DECISION: By a vote of 2 to 2, as indicated in the minutes, the Historic Preservation
Commission denies the request due to a lack of a majority vote,
THEREFORE: Pursuant to Chapter 25 of the Code of Ordinances of the City of
Dubuque, Iowa, the Commission denies permission to the City of Dubuque and its
designated representative(s) to issue the regulated permit(s) required to complete the
approved project,
APPEAL: Section 25-11 of the Historic Preservation Ordinance states that "an
aggrieved party may appeal the Commission's action to the City Council by filing a
notice of appeal with the Planning Services Department within thirty (30) days from
---------------
Service
People
Integrity
Responsibility
Innovation
Teamwork
Notice of Decision
Historic Preservation Commission
the date of notice of the Commission's action, Upon filing of a notice of appeal, the
Planning Services Department shall immediately transmit such notice and the record
of the action before the Commission to the City Clerk, On appeal, the City council
shall consider only the record of the action before the Commission, No new matter
may be considered. The City council shall consider whether the Commission has
exercised its powers and followed the guidelines established by law and the Historic
Preservation Ordinance (this chapter), and whether the Commission's actions was
patently arbitrary or capricious, The City Council may affirm or reverse the
Commission's action, or may refer the matter back to the Commission for further
action as may be appropriate, The City Clerk shall give written 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, 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 District Court for Dubuque County, pursuant to Iowa Code
Section 303.34,"
Filed in the Office of the Planning Services Department on the 22nd day of December,
1999,
Planning Services Department
50 West 13th Street
Dubuque, Iowa 52001-4864
Phone (319) 589-4210
Fax (319) 589-4149
D~
~~~
HISTORIC PRESERVATION COMMISSION
CERTIFICATE OF APPROPRIATENESS
NOTICE OF DECISION
APPLICANT:
American Trust & Savings Bank
LOCATION:
901 Locust Street
DISTRICT: Jackson Park
DATE OF PUBLIC MEETING/DECISION: February 17, 2000
The Historic Preservation Commission of the City of Dubuque, Iowa hereby renders
and gives notice of its decision whether to grant a Certificate of Appropriateness on
the above-captioned application in conformance with Section 25 of the Historic
Preservation Ordinance.
APPLICATION: The applicant seeks to install two illuminated wall signs and one
illuminated freestanding sign,
PUBLIC MEETING: After notice, as required by law, a Public Meeting was held on
February 17, 2000, Minutes of the meeting and copies of materials submitted in
evidence are on file in the Office of Planning Services, City Hall, Dubuque, Iowa.
FINDINGS: Based on the specific information presented at the Public Meeting and
contained in the application, and in accordance with the applicable standards in the
Historic Preservation Ordinance, the Commission makes the following findings:
1 )
Standards for review set forth in Chapter 25 of the Code of Ordinances of the
City of Dubuque, Iowa have not been met; and
2)
That the proposed signage, particularly the material and means of lighting, is not
appropriate for a historic district because this property is a gateway to the
Jackson Park Historic Preservation District; and
3)
That the proposed signage is not appropriate according to "The Secretary of the
Interior's Guidelines for Historical Structures", which states that alterations, new
construction or architectural features protect the historic integrity of the
property and its environment,
DECISION: By a vote of 4 to 2, as indicated in the minutes, the Historic Preservation
Commission denies the request.
THEREFORE: Pursuant to Chapter 25 of the Code of Ordinances of the City of
Dubuque, Iowa, the Commission denies permission to the City of Dubuque and its
Servi,e
People
Integrity
Responsibility
Innovation
Team work
Notice of Decision
Historic Preservation Commission
designated representative(s) to issue the regulated permit{s) required to complete the
approved project,
APPEAL: Section 25-11 of the Historic Preservation Ordinance states that "an
aggrieved party may appeal the Commission's action to the City Council by filing a
notice of appeal with the Planning Services Department within thirty (30) days from
the date of notice of the Commission's action, Upon filing of a notice of appeal, the
Planning Services Department shall immediately transmit such notice and the record
of the action before the Commission to the City Clerk. On appeal, the City council
shall consider only the record of the action before the Commission. No new matter
may be considered. The City council shall consider whether the Commission has
exercised its powers and followed the guidelines established by law and the Historic
Preservation Ordinance (this chapter), and whether the Commission's actions was
patently arbitrary or capricious. The City Council may affirm or reverse the
Commission's action, or may refer the matter back to the Commission for further
action as may be appropriate. The City Clerk shall give written 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. 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 District Court for Dubuque County. pursuant to Iowa
Code Section 303.34,"
Filed in the Office of the Planning Services Department on the 18th day of February,
2000.
.
.
.
Notice of Decision
Historic Preservation Commission
designated representative(s) to issue the regulated permit(s) required to complete the
approved project,
APPEAL: Section 25-11 of the Historic Preservation Ordinance states that "an
aggrieved party may appeal the Commission's action to the City Council by filing a
notice of appeal with the Planning Services Department within thirty (30) days from
the date of notice of the Commission's action. Upon filing of a notice of appeal, the
Planning Services Department shall immediately transmit such notice and the record
of the action before the Commission to the City Clerk, On appeal, the City council
shall consider only the record of the action before the Commission, No new matter
may be considered. The City council shall consider whether the Commission has
exercised its powers and followed the guidelines established by law and the Historic
Preservation Ordinance (this chapter), and whether the Commission's actions was
patently arbitrary or capricious. The City Council may affirm or reverse the
Commission's action, or may refer the matter back to the Commission for further
action as may be appropriate. The City Clerk shall give written 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, 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 District 'Court for Dubuque County, pursuant to Iowa
Code Section 303.34,"
Filed in the Office of the Planning Services Department on the 18th day of February,
2000,
§ 25,6.11
DUBUQUE CODE
Sec. 25-6.11. Mathias Ham House Landmark.
The property hereinafter described is hereby des-
ignated as a landmark, according to the provi-
sions of this chapter, to wit:
The building situated on Lot 1 of Lot 531 Ham's
Addition, commonly known as 2241 Lincoln Av-
enue,
(Ord, No, 22-93. § 1, 5-3-93)
Sec. 25-6.12. Shot Tower.
The property hereinafter described is hereby des-
ignated as a landmark, according to the provi-
sions of this chapter, to wit:
The Shot Tower structure situated on River
Front Sub 1, located at terminus of Commercial
Street,
(Ord, No, 22-93, § 1, 5-3-93)
Sec. 25.7. Demolition of landmarks, land.
mark sites or structures in historic
districts; certificate of economic
hardship.
Demolition of landmarks, landmark sites or
structures within historic districts is prohibited
unless, upon application and after hearing, the
commission issues a certificate of economic hard-
ship pursuant to section 25-9(h) of this chapter,
(Ord, No, 46-90, § 1, 5-21-90)
Sec. 25-8. Alteration oflandmarks,landmark
sites or structures in .historic dis-
tricts; determination of no mate.
rial effect; certificate of appropri-
ateness; certificate of economic
hardship.
(a) Mter 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 reg-
ulated permit is required, shall be reviewed by
the historic preservation commission; however,
nothing in this chapter shall be construed to pre-
vent ordinary maintenance or repair of any land-
mark, landmark site or structure or site within a
historic district where such maintenance or re-
pair does not involve a material change of appear-
Supp. No. 15
ance which necessitates issuance of a regulated
permit as herein derIDed.
(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-
tion of no material effect.
a, If an application submitted to the com-
mission demonstrates compliance with
the "Secretary of Interior's Standards
for Historic Preservation Projects,"
Washington, D.C., 1979, and the "Sec-
retary of the Interior's Standards for
Rehabilitation and Guidelines for Re-
habilitating Historic Buildings," W ash-
ington, D.C, (Revised 1983), 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 des-
ignee shall make such determination
and may issue a determination of no
material effect, which shall authorize
the proposed work or activity to pro-
ceed without commission hearing,
(2) Approve the proposed project; certificate of
appropriateness.
a, The commission shall issue a certifi-
cate of appropriateness if, upon appli-
cation and after hearing, it fmds:
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, de-
stroying or affecting the exterior
1520
HISTORIC PRESERVATION
architectural features of the struc-
ture, improvement or site upon
which the work is to be done will
not have a substantial adverse ef-
fect on the aesthetic, historic or ar-
chitectural significance and value
of either the property itself or of
the neighboring improvements in
a district.
b, The issuance of a certificate of appro-
priateness shall enable the applicant
to obtain a regulated permit and to pro-
ceed with the proposed alteration or ac-
tivity,
(3) Disapprove the proposed project; certificate
of economic hardship, The commission shall
issue a certificate of economic hardship,
upon application or upon its own motion, if:
a. A certificate of appropriateness has
been denied; and
b,_. The commission determines that disap-
proval of the proposed work or activity
would prevent the property owner from
earIÚng any reasonable economic re-
turn from the property,
(d) The building official, city engineer or other
local authorities shall not issue a regulated permit
until there has been a determination of no mate-
rial effect or a certificate of appropriateness or a
certificate of economic hardship issued.
(e) The transfer of a determination of no mate-
rial effect, certificate of appropriateness or certif-
icate of economic hardship from one structure, im-
provement or site to another structure,
improvement or site or from one person to an-
other is prohibited,
(f) Each determination of no material effect, cer-
tificate of appropriateness or certificate of eco-
nomic hardship issued under the provisions of this
article shall expire and become null and void if
the alteration, construction, repair, removal, dem-
olition or excavation for which the determination
of no material effect, certificate of appropriate-
ness or certificate of economic hardship was is-
sued is not initiated within one (1) year of its is-
suance,
(Ord. No. 46-90, § 1,5-21-90; Ord. No, 98-92, § 1,
12-7-92)
Supp. No. 15
§ 25,9
Sec. 25-9, Procedure for the review of plans;
application for certificate of appro-
priateness; application for certifi-
cate of economic hardship.
(a) Application for regulated permit shall be
made to the appropriate city official. The applica-
tion shall state or the appropriate city official shall
determine that the proposed alteration, activity
or demolition is to be done on a landmark, land-
mark site or on a structure within a historic dis-
trict,
(b) Upon the fIling of such application, the ap-
propriate 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) A request for review by the commission of
the proposed work, activity or demolition must be
made by the applicant. Application for commis-
sion review shall be fIled in the community and
economic development department,
(d) Unless otherwise mutually agreed upon by
the applicant and the commission, the commis-
sion shall meet within twenty-one (21) days after
the filing of the application for commission re-
view, The commission shall review the proposed
project according to the duties and powers speci-
fied in this chapter, In reviewing the proposed
project, the commission may confer with the ap-
plicant or the applicant's authorized representa-
tive, The commission may require submission of
such additional drawings, sketches, photographs
or other exhibits as it deems reasonably neces-
sary for consideration of the application.
1520,1
HISTORIC PRESERVATION
(e) The commission shall approve or disapprove
such plan,
(0 If the proposed project is approved, the com-
mission shall issue a certificate of appropriate-
ness,
(g) If the commission disapproves such proposed
project, it shall state its reasons and shall transmit
to the applicant a written record of its disap-
proval. The commission may propose appropriate
revisions of the applicant's proposal which, if
adopted, would cause the commission to recon-
sider its disapproval, The applicant may make
modifications to the proposed project and shall
have the right to resubmit a modified proposal at
any time,
(h) If the commission disapproves a proposed
project, it may, upon application or on its own
motion, consider issuing a certificate of economic
hardship.
(1) Upon application or motion for a certificate
of economic hardship, the commission shall
schedule a public meeting on that applica-
tion 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 hardship make submissions con-
cerning any or all of the following informa-
tion before rendering its decision:
a. Estimate of the cost of the proposed con-
struction, alteration, demolition or re-
moval and an estimate of any addi-
tional cost that would be incurred to
comply with the recommendations of
the historic 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 rehabili-
tation as to the structural soundness of
any structures and their suitability for
rehabilitation; .
c. Estimated market value of the prop-
erty in its current condition; after com-
pletion of the proposed construction, al-
teration, demolition or removal; after
any changes recommended by the com-
Supp. No.4
1521
§ 25-9
d.
mission; and, in the case of a proposed
demolition, after renovation of the ex-
isting property for continued use;
In the case of a proposed demolition,
an estimate from an architect, devel-
oper, real estate consultant, appraiser
or other real estate professional expe-
rienced in rehabilitation, as to the eco-
nomic feasibility of rehabilitation or
reuse of the ex.isting structure on the
property;
The amount paid for the property, the
date of purchase and the person from
whom purchased, including a descrip-
tion of the relationship, if any, between
the owner of record or the applicant
and the person from whom the prop-
erty was purchased, and any terms of
fmanclng between the seller and buyer;
If the property is income-producing, the
annual gross income from the property
for the previous two (2) years;
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;
The remaining balance on any mort-
gage or other fmanclng secured by the
property and annual debt service, if
any, for the previous two (2) years;
All appraisals obtained within the pre-
vious two (2) years by the owner or ap-
plicant in connection with the pur-
chase, fInancing or ownership of the
property;
Any listing of the property for sale or
rent, price asked and offers received, if
any, within the previous two (2) years;
The assessed value of the property ac-
cording to the two (2) most recent as-
sessments;
The amount of real estate taxes for the
previous two (2) years and whether or
not they have been paid;
The form of ownership or operation of
the property, whether sole proprietor-
ship, for-profit or not-for-profit corpora-
tion, limited partnership,joint venture
or other;
e.
f,
g,
h.
i.
j,
k.
1.
m.
§ 25,9
DUBUQUE CODE
n.
Any other information considered nee.
essary by the commission to make a
determination as to whether the prop.
erty does yield or may yield any rea-
sonable economic return to the prop-
erty owner(s), including but not limited
to the income tax bracket of the own.
er(s) or applicant(s) or of the principal
investor(s) in the property,
(3) Determination of economic hardship, The
commission shall review all of the evidence
and information required of an applicant
for a certificate of economic hardship; and
a, If the commission finds that disap-
proval of the proposed work would pre-
vent the property owner from earning
any reasonable economic return from
the property, the commission shall:
1. Immediately issue a certificate of
economic hardship; or .
2. At its discretion, postpone, for a
period not to exceed one hundred
eighty (180) days, the issuance of a
certificate of economic hardship,
During 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 certificate of appro-
priateness has been secured, If, at
the end of the one hundred
eighty-day period, the commission,
after a public meeting, finds that
the property owner still cannot
earn any reasonable economic re-
turn from the property, it shall
issue a certificate of economic hard-
ship,
If the commission finds, after initial re-
view or after the one hundred
eighty.day period of postponement, that
the property owner has, in fact, earned
or is able to earn a reasonable eco-
nomic return from the property, then
the commission shall deny the applica.
Supp. No.4
b,
tion for a certificate of economic hard-
ship,
(i) No regulated permit shall be issued autho-
rizing a material change in appearance of a land.
mark, landmark site or of a structure or site within
a historic district until there is a determination of
no material effect or a certificate of appropriate-
ness or a certificate of economic hardship filed
with the building official or the city official au-
thorized to issue the necessary regulated permit.
(j) In the event the commission disapproves of a
proposed project, the notice of disapproval shall
be binding upon the building official, city engi-
neer or other local authority, and no permit shall
be issued in such a case,
(k) The failure of the commission to approve or
disapprove an application for a certificate of ap-
propriateness 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 ap-
proval, unless within such sixty (60) days the com.
mission has made a determination of economic
hardship and has suspended its decision regarding
a certificate of economic hardship pursuant to sub.
section (h)(3)a,2,
(Ord, No, 46-90, § 1, 5-21.90)
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 signifi.
cance, extent of previous alteration, use of orig-
inal materials and quality of design of the ex-
isting structure or site, Commission approval of a
particular type of alteration or activity shall not
establish a binding precedent for future commis.
sion action, but may constitute an additional factor
to be considered in subsequent design reviews in-
volving the same type of alteration or activity,
(b) "The Secretary of Interior's Standards for
Historic Preservation Projects," Washington, D, C"
1979, and "The Secretary of the Interior's Stan-
dards for Rehabilitation and Guidelines for Reha-
bilitating Historic Buildings," Washington, D,C"
1522
HISTORIC PRESERVATION
(Revised 1983), shall provide the guidelines by
which the commission shall review an application
for a certificate of appropriateness or certificate of
economic hardship, and any subsequent revisions
of these guidelines by the Secretary of the Inte-
rior may 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,
(Ord. No, 46.90, § 1, 5-21.90)
Sec. 25.11. Appeals from commission action.
(a) An aggrieved party may appeal the commis-
sion's action to the city council by filing a notice
of appeal with the community and economic de.
velopment department within thirty (30) days from
the date of notice of the commission's action,
(h) Upon filing of a notice of appeal, the com-
munity and economic development 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 commis.
sion, 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 historic
preservation ordinance [this chapter], and whether
the commission's action was patently arbitrary or
capricious,
(e) The city council may aff'= 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 written
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 com.
mission,
(0 An Appellant who is not satisfied by the de-
cision of tbe city council may appeal within sixty
(60) days of the city council's decision to the Dis.
trict Court for Dubuque County, pursuant to Iowa
Code Section 303,34,
(Ord, No, 46-90, § 1, 5.21-90)
Supp, No.4
§ 25,13
Sec. 25.12. Inspection.
(a) Mter a certificate of appropriateness or cer.
tificate of economic hardship has been issued and
a regulated permit granted to the applicant, the
building official, city engineer or other local au-
thority may from time to time inspect the work
authorized and shall take such action as is neces.
sary to enforce compliance with the approved
plans,
(b) Historic 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 neces.
sary to enforce compliance with the approved
plans.
(Ord, No, 46.90, § 1, 5.21-90)
Sec. 25.13. Violations; penalties.
It shall be unlawful for any person to disobey,
omit, neglect or refuse to comply with any provi-
sion of this chapter, and such person shall be sub-
ject to the provisions of section 1.8 and sections
1.15 through 1-17 of the City of Dubuque, Code of
Ordinances.
(Ord. No, 46-90, § 1, 5.21.90)
[The next page i. 15691
1523
THE SECRETARY OFTHE INTERIOR'S STANDARDS FOR REHABILITATION
The (allowing Sinfilbrds nre 10 be npplied 10 spednc ,,'hn!>ililnlion projecls in 0 reosonable monner, Inking into considemlion economic and lechnical
(eosibilily.
(1) ^ property shall be used for its hisloric purpose or be ploced in a new use Ihat requires minimal change to the defining characteristics o( the
building and its site and environment.
(2) The hisloric character of a property shall be rd"i,..-d and preserved, The removal o( historic malerials or alteralion of features and spaces that
characterize a property shall be avoided,
0) Each property shall be recognized as a physical rewrd of its lime, place, and use. Changes that creale a false sense of historical developmenl, such
as adding conjectural fealures or architectural elements (rom olher buildings, shall nol be undertaken.
(4) Most properties change over lime; Ihose changes Ihat have acquired hisloric significance in their own righl shall be retained and preserved.
(5) Distinctive features, finishes, and construction lechniques or examples of craftsmanship that characterize a historic property shall be preserved.
(6) Deteriorated hisloric feolures sholl be repaired rather than replaced, Where the severity of deterioration requires replacemenl of a distinctive
fealore, Ihe new feature shall malch Ihe old in design, color, lexture, and olher visual qualities and, where possible, malerials. Replacement. of
missing features sholl be subslantiated by documentary. physicol, or pictorial evidence.
(7) Chemical or physical treatmenls, such as sandblasting, that cause damage 10 historic materials shall not be used. The surface cleaning of struc-
tures, if appropriale, shall be undertaken using the genllesl means possible.
(8) Significanl archeological resources affected by a project shall be protected and preserved, If such resources must be dislurbed, mitigation meas-
ores shall be undertaken.
(9) New additions, exterior alterations, or related new construction shall nol deslroy historic malerials Ihat characterize the property, The new work
shall be differentiated from Ihe old and shall be compatible with the massing, size, scale, and architectural fealures 10 protect the historic integrity of
Ihe property and ils environment.
(10) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form
and inlegrity of the hisloric property and its environment would be unimpaired.
GUIDELINES FOR REHABILITATING HISTORIC BUILDINGS
The Guidelines were inilially developed in 197710 help property owners, developers, and Federal managers apply the Secret"ry of the In-
terior's "Standards for Rehabilitation" during the project planning stage by providing general design and technical recommendations. Unlike
the Standards, the Guidelines are not codified as program requirements, Together with the "Standards for Rehabilitation" they provide a
model process for owners, developers, and Federal agency managers to follow.
It should be noted at the outset that the Guiddines are intended to assist in applying the Standards to projects generally; consequently, they
are not meant to give case-specific advice or address exceptions or rare instances, For example, they cannot tell an owner or developer which
features of their own historic building are important in defining the historic character and must be preserved-although examples are provid-
ed in each section-or which features could be altered, if necessary, for the new use, This kind of careful case-by-case decisionmaking is best
accomplished by seeking assistance from qualified historic preservation professionals in the planning stage of the project. Such professionals
include architects, architectural historians, historians, archeologists, and others who are skilled in the preservation, rehaþilitation, and
restoration of historic properties.
The Guidelines pertain to historic buildings of all sizes, materiills. occupancy, and construction types; and apply to interior and exterior work
as well as new exterior additions. Those approaches, treatments. and techniques that are consistent with the Secretary of the Interior's
"Standards for Rehabilitation" are listed in the "Recommended" column on the left; those approaches, treatments. and techniques which
could adversely affect a building's historic character are listed in the "Not Recommended" column on the right.
To provide clear and consistent guidance for owners, developers, and federal agency managers to follow, the "Recommended" courses of ac-
tion in each section are listed in order of historic preservation concerns so that a rehabilitation project may be successfully planned and com-
pleted-one that, first, assures the preservation of a building's important or "character-defining" architectural materials and features and,
second, makes possible an efficient contemporary use, Rehabilitation guidance in each section begins'with protection and maintenance, that
work which should be maximized in every project to enhance overall preservation goals. Next, where some deterioration is present, repair of
the building's historic materials and features is recommended, Finally, when deterioration is so extensive that repair is not possible, the most
problematic area of work is considered: replacement of historic materials and features with new materials,
To further guide the owner and developer in planning a successful rehabilitation project, those complex design issues dealing with new use re-
quirements such as alterations and additions are highlighted at the end of each section to underscore the need for particular sensitivity in these
areas,
Identify, Retain, and Preserve
The guidance that is basic to the treatment of all hisloric buildings-IdentIfyIng, retaInIng. and pre.ervlng the form and detailing of
those architectural materials and features that are important in defining tile Iristorie character-is always listed first in the "Recommended"
column. The parallel "Not Recommended" column lists the types of actions that are most apt to cause the diminution or even loss of the
building's historic character. 11 should be remembered, however. that such loss of character is just as often caused by the cumulative effect of
a series of actions that would seem to be minor interventions, Thus, the guidance in all of the "Not Recommended" columns must be viewed
in that larger context, e,g" for the total impact on a historic building,
Protect and Maintain
After identifying those materials and features that are important and must be retained in the process of rehabilitation work, then protecting
and maintaining them are addressed, Protection generally involves the least degree of intervention and is preparatory to other work, For
example, protection includes the maintenance of historic material through treatments such as rust removal, caulking, limited paint removal.
and re-application of protective coatings; the cyclical cleaning of roof gutter systems; or installation of fencing, protective plywood, alarm
systems and other temporary protective measures. Although a historic building will usually require more extensive work, an overall evalua-
tion of its physical condition should always begin at this level.
Repair
Next, when the physical condition of character-defining materials and features warrants additional work repairing is recommended,
Guidance for the repair of historic materials such as masonry, wood, and architectural metals again begins with the least degree of interven-
tion possible such as patching, piecing-in, splicing, consolidating, or otherwise reinforcing or upgrading them according to recognized preser-
vation methods, Repairing also includes the limited replacement in kind-or with compatible substitute material-of extensively deteriorated
or missing parIs of features when there are surviving prototypes (for example, brackets, dentils, steps, plaster, or portions of slate or tile roof-
ing). Although using the same kind of material is always the preferred option, substitute material is acceptable il the form and design as well
as the substitute material itself convey the visual appearance of the remaining parts of the feature and finish,
Replace
Following repair in the hierarchy, guidance is provided for replacing an entire character-defining feature with new material because the level
of deterioration or damage of materials precludes repair (for example, an exterior cornice; an interior staircase; or a complete porch or
storefront). If the essential form and detailing are still evident so that the physical evidence can be used to re-establish the feature as an in-
tegral part of the rehabilitation project, then its replacement is appropriate. Like the guidance for repair, the preferred option is always
replacement of the entire feature in kind, that is, with the same material..Because this approach may not always be technically or economical-
ly feasible, provisions are made to consider the use of a compatible substitute material.
It should be noted that, while the National Park Service guidelines recommend the replacement of an entire character-defining feature under
certain well-defined circumstances, they I/el'er recommend removal and replacement with new material of a feature that-although damaged
or deteriorated-could reasonably be repaired and thus preserved,
Design for Missing Historic Features
When an entire interior or exterior feature is missing (for example, an entrance, or cast iron facade; or a principal staircase), it no longer plays
a role in physically defining the historic character of the building unless it can be accurately recovered in form and detailing through the proc-
a series of actions that would seem to be minnr interventions, Thus, the guidance in nil of the "Not Recommended" columns must be viewed
in that larger context, e.g" for the total impact on a historic building.
Protect and Maintain
After identifying those materials and features that are important and must be retained in the process of rehabilitation work, then protecllng
and maintaining them are addressed. Protection generally involves the least degree of intervention and is preparatory to other work, For
example, protection includes the maintenance of historic material through treatments such as rust removal, caulking, limited paint removal,
and re-application of protective coatings; the cyclical cleaning of roof guller systems; or instaJlation of fencing, protective plywood, alarm
systems and other temporary protective measures, Although a historic building will usually require more extensive work, an overall evalua-
tion of its physical condition should always begin at this level.
Repair
Next, when the physical condition of character-defining materials and features warrants additional work repairing is recommended.
Guidance for the repair of historic materials such as masonry, wood, and architectural metals again begins with the least degree of interven-
tion possible such as patching, piecing-in, splicing, consolidating, or otherwise reinforcing or upgrading them according to recognized preser-
vation methods. Repairing also includes the limited replacement in kind-or with compatible substitute material-of extensively deteriorated
or missing paris of features when there are surviving prototypes (for example, brackets, dentils, steps, plaster, or portions of slate or tile roof-
ing). Although using the same kind of material is always the preferred option, substitute material is acceptable if the form and design as well
as the substitute material itself convey the visual appearance of the remaining parts of the feature and finish,
Replace
Following repair in the hierarchy, guidance is provided for replacing an entire character-defining feature with new material because the level
of deterioration or damage of materials precludes repair (for example, an exterior cornice; an interior staircase; or a complete porch or
storefront). If the essential form and detailing are still evident so that the physical evidence can be used to re-establish the feature as an in-
tegral part of the rehabilitation project, then its replacement is appropriate, Like the guidance for repair, the preferred option is always
replacement of the entire feature in kind, that is, with the same material. Because this approach may not always be technically or economical-
ly feasible, provisions are made to consider the use of a compatible substitute material.
It should be noted that, while the NationalPMk SNvice guidelines recommend the replacement of an entire character-defining feature under
certain well-defined circumstances, they /lcpcr recommend removal and replocement with new material of a feature that-although damaged
or deteriorated-could reasonably be repaired and thus preserved.
Design for Missing Historic Features
When an entire interior or exterior feature is missing (for example, an entrance, or cast iron facade; or a principal staircase), it no longer plays
a role in physically defining the historic character of the building unless it can be accurately recovered in form and detailing through the proc-
ess of carefully documenting the historical appearance. Where an important architectural feature is missing, its recovery is always recom-
mended in the guidelines as the first or preferred, course of action. Thus, if adequate historical, pictorial. and physical documentation exists
so that the feature may be accurately reproduced, and if it is desireable to re-establish the feature as part of the building's historical ap-
pearance. then designing and constructing a new feature based on such information is appropriate, However, a second acceptable option for
the replacement feature is a new design that is compatible with the remaining character-defining features of the historic building, The new
design should always take into account the size, scale, and material of the historic building itself and, most importantly, should be clearly diF-
Ferentiated so that a false historical appearance is not created,
Alterations/ Additions to Historic Buildings
Some exterior and interior alterations to the historic building are generally needed to assure its continued use, but it is most important that
such alterations do not radically change, obscure, or destroy character-defining spaces, materials, features, or finishes. Alterations may in-
clude providing additional parking space on an existing historic building site; culling new entrances or windows on seconda'ry elevations; in-
serting an additional floor; installing an entirely new mechanical system; or creating an atrium or light well, Alteration may also include the
selective removal of buildings or other Features of the environment or building site that are intrusive and therefore detract From the overall
historic character,
The construction of an exterior addition to a historic building may seem to be essential for the new use, but it is emphasized in the guidelines
that such new additions should be avoided, if possible, and considered only after it is determined that those needs cannot be met by altering
secondary, Le" non character-defining interior spaces, If, after a thorough evaluation of interior solutions, an exterior addition is still judged
to be the only viable alternative, it should be desiRned and constructed to be clearly differentiated from the historic building and so that the
character-defining features are not radically changed, obscured, damaged, or destroyed,
Additions to historic buildings are referenced within specific sections of the guidelines such as Site, Roof, Structural Systems, etc., but are
also considered in more detail in a separate section, NEW ADDITIONS TO HISTORIC BUILDINGS.
Health and Safety Code Requirements; Energy Retrofitting
These sections of the rehabilitation guidance address work done to meet health and saFety code requirements (for example, providing barrier-
free access to historic buildings); or retrofilling measures to conserve energy (for example, installing solar collectors in an unobtrusive loca-
tion on the site). Although this work is quite oflen an important aspect of rehabilitation projects, it is usually not part of the overall process of
protecting or repairing character-defining features; rather, such work is assessed for its potential negative impact on the building's historic
character, For this reason, particular care must be taken not to radically change, obscure, damage, or destroy character-defining malerials or
features in the process of rehabilitation work to meet code and energy requirements,
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