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Building Cde Amend - Windows D~~~E ~<k~ MEMORANDUM November 21, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Window Replacement and Alteration for Properties in Historic Districts The Building Services and Planning Services staff currently have a policy for Window Replacement and Alteration in Historic Districts. This policy allows staff to approve building permits for the replacement or alteration of windows that are the same size, shape, style and material as the original window without the property owners having to go to the Historic Preservation Commission (HPC) for a formal Design Review. If those criteria cannot be met, the proposed window replacement or alteration is subject to formal Design Review at an HPC meeting. Planning Services Manager Laura Carstens recommends City Council approval of a Building Code Amendment and Current Window Replacement and Alteration Policy which would allow staff to have the ability to approve a building permit for the alteration or replacement of a window in a historic district in lieu of formal HPC Design Review, provided the proposed alteration or replacement meets either the City's Architectural Guidelines for Historic Structures or the Window Replacement and Alteration Policy. It is further recommended that staff have the ability to approve building permits for window replacements or alterations provided the proposed replacement or alteration is not visible from a pubic right-of-way. I concur with the recommendation and respectfully request Mayor and City Council approval. (J2~j tl~/11~fI ~ Micnael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager DU~~E ~<k~ MEMORANDUM November 21,2006 RE: Michael Van Milligen, City Manager Laura Carstens, Planning Services Manager ~ Window Replacement and Alteration for Properties in Historic Districts TO: FROM: Introduction In January 2006, the Historic Preservation Commission (HPC) discussed requiring a building permit and consequently HPC design review and approval for any window replacement or alteration within a designated ReplacemenUAlteration. The Building Services and Planning Services staff has prepared an amendment to the Building Code for window replacement or alteration for properties in Historic Districts in response to the HPC's request. Background The Building Services and Planning Services staff currently has a policy for Window Replacement and Alteration in Historic Districts. This policy allows staff to approve building permits for the replacement or alteration of windows that are the same size, shape, style and material as the original window without the property owners having to go to the HPC for a formal Design Review. If those criteria cannot be met, the proposed window replacement or alteration is subject to formal Design Review at an HPC meeting. Discussion Much like the current policy, the Building Code amendment would allow staff to have the ability to approve a building permit for the alteration or replacement of a window in a historic district in lieu of formal HPC Design Review provided the proposed alteration or replacement meets either the City's Architectural Guidelines for Historic Structures or the Window Replacement and Alteration Policy. Staff also will have the ability to approve building permits for window replacements or alterations provided the proposed replacement or alteration is not visible from a public right-of-way. Window Replacement and Alteration for Properties in Historic Districts Page 2 Planning and Building Services Staff met on November 7,2006 to discuss the potential impact of enforcing the Building Code amendment. Building Services Manager Rich Russell felt there would be no additional impact on departmental time or resources since the proposed ordinance mirrors the current Window Replacement and Alteration Policy. Planning Services and Building Services staff agreed the current policy has worked well for both the City and the public. Recommendation The proposed Building Code amendment and current Window Replacement and Alteration Policy are enclosed for City Council consideration. Planning Services and Building Services staff recommends adoption of the Building Code amendment for Window Replacement and Alteration for Properties in Historic Districts. Enclosures cc Rich Russell, Building Services Manager Christine Happ Olson, Chairperson, Historic Preservation Commission Window Replacement in Historic Districts Windows should always be repaired if feasible before replacement. If a window needs to be replaced and the replacement window is the same type, size, shape, style and material as the original, then a building permit is not required. If the window deviates from the type, size, shape, style or material, then a building permit and Historic Preservation Commission review will be required. Type - Windows are required to be replaced with the same type of window. No Building Permit Required Double-Hung window with Double Hung Window Building Permit Required' Double-Hung Window with Casement Window /. Size - Windows are required to be the same size as original window. No Building Permit Required Window same size as original -:\ II ~~~ g\ Building Permit Required' Window not same size as original ??;l /' o L__ 8 Shape - Windows are required to have the same shape of the original window. No Building Permit Required Window same shape as original /? Building Permit Required' Window not same shape as original o o ~ __oj \ o Style -- Windows are required to have the same style of window design. No Building Permit Required Window same style as original --:r;-" I .1 :l. i.I./..1 , I, "I ~':"'-.;wl! !! n T :' '; \ d ,i I lL_:~ ~~ mJ~ le"f'.'''1 \: '. 'i v c_ fll'\ 11,1 .'.~~_d J Building Permit Required' Window not same style as original 'l"::;-I--'~::J.;:-" Ul I-T~-~ ',' :i JU: ; :::::-~-"~:'; O{lI! [inl; L::~J I'~.- .". " 'I' Ii ~(~I"...'i 'I i 1,- '~,J Il'I-B~5: Ii Ir.-:n i-l;. L-' --- Material- Building that have been determined to be of City, State or National significance are required to be replaced with wood windows. Buildings of Neighborhood, Supportive and Non-supportive may replace their windows with wood, aluminum clad or vinyl windows. 1=-=:::::::--=1 lOCI' I '-I-f' . ! ~: -. \-~i tC_--~.. I ! I I '--~,.ll -~--'-- ---. -------~ ; r'r'r': ( LJ L~." :! I nee: \iO '- 'Historic Preservation Commission Review Required Prepared by: Laura Carstens City Planner Address: City Hall. 50W.13th St Telephone: 589-4210 Returned to: Jeanne Schneider City Cieri< Address: City Hall. 50 W. 13th St Telephone: 589-4120 ORDINANCE NO. 76-06 AN ORDINANCE AMENDING CHAPTER 11 (BUILDING REGULATIONS) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 11-2 INTERNATIONAL BUILDING CODE AMENDMENTS AND SECTION 11-6 INTERNATIONAL RESIDENTIAL CODE AMENDMENTS Whereas, the Historic Preservation Commission has recommended amendments to Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances regarding International Building Code Amendments; and Whereas, the City of Dubuque may add, delete, modify or amend the International Building Code of the city; and Whereas, the City Council has appointed a Historic Preservation Commission to develop and adopt specific standards for review and design guidelines for the alteration of landmarks, landmark sites or property and structures within historic districts; review demolition permits in historic districts, and provide recommendations to the City Council; and Whereas, the City Council finds that the recommended amendments to Chapter 11 are consistent with the goals and objectives of the City's Comprehensive Plan and the purpose and intent of the City's Code of Ordinances; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 11-2 of the City of Dubuque Code of Ordinances is hereby amended by adding Section 105.1 Permits, Required of the International Building Code by adding the following new paragraph (Sec. R 105.1. Permits, Required): Sec. 11-2. International Building Code-Amendments: 1 The code adopted by section 11-1 of this article is hereby amended as follows: Sec. R105.1. Permits, Required. Section 105.1 "Permits" is hereby amended to require a building permit and Historic Preservation Commission approval for any window replacement or alteration within a designated Historic Preservation District. Section 2. Section 11-6 of the City of Dubuque Code of Ordinances is hereby amended by adding Section 105.1 Permits, Required of the International Residential Building Code by adding the following new paragraph (Sec. R1 05.1. Permits, Required): The code adopted by section 11-5 of this article is hereby amended as follows: Sec. R105.1. Permits, Required. Section 105.1 "Permits" is hereby amended to require a building permit and Historic Preservation Commission approval for any window replacement or alteration within a designated Historic Preservation District. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 4th day of December ,2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk ?