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Code of Ordinances Amendment_Historic Preservation Demolition ReviewDubuque THE CITY OF DUB E '1111' Masterpiece on the Mississippi 2007.2012.2013 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 131" Street Dubuque, IA 52001 RE: Historic Preservation Ordinance Amendments Dear Mayor and City Council Members: Planning Services Department City Hall - 50 West 13th Street Dubuque, IA 52001-4805 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque.org March 5, 2014 Introduction The City of Dubuque Historic Preservation Commission has been developing improved standards and uniform regulations for review of demolition permits in historic and conservation districts. The recommended amendments to the Historic Preservation ordinance, the Staff memorandum, and supporting documents are enclosed for City Council consideration. Background The Historic Preservation Commission is recommending a stand-alone section for uniform demolition regulations in the Historic Preservation Ordinance to: • Create a uniform review process for demolition permits in historic and conservation districts. • Have a uniform two-part test for evaluating demolition permits in historic and conservation districts: a) Is the structure historically or architecturally significant? b) If significant, can a reasonable economic return be realized? • Create uniform criteria for determining whether a reasonable economic return can be realized. • Define "reasonable economic return". Discussion The Historic Preservation Commission sought input from professionals in local lending, real estate, and appraisal firms to develop the recommended amendments. The City Attorney's Office and Planning Services staff spent considerable time researching and preparing the proposed amendments with input from the Commission. The amendments replace subjective opinions about financial returns and rehabilitation potential with uniform criteria for demolition review in historic and conservation districts. The uniform standards and procedures will bring greater clarity and objectivity to the demolition permit application process for applicants, the Commission and City Council. Historic Preservation Ordinance Amendments Page 2 The enclosed ordinances amend the following sections: Section 6 ordinance (16-10-6): Amended to give the City Council the flexibility to approve, modify or deny the nomination of a Historic District. Currently, the City Council can refer the nomination of a Historic District back to the Commission for modification, but the Council does not clearly have the option to modify. Section 8 ordinance (16-10-8): Amended to allow the Commission and the City Council to approve, modify or deny the request, or refer the nomination back to the commission for modification. Currently, the City Council does not clearly have the option to modify or refer the nomination of a Conservation District. Section 9 ordinance (16-10-9): Amended to replace criteria specifically for Historic Districts with a single set of criteria for uniform demolition review. Section 10 ordinance (16-10-10): Amended to clarify Design Review Standards based on input from the City Attorney's Office. Section 11 ordinance (16-10-11): Amended to replace criteria specifically for Conservation Districts with a single set of criteria for uniform demolition review. Recommendation By a vote of 5 — 0 the Historic Preservation Commission recommends approval of the recommended amendments to provide uniform demolition regulations in the Historic Preservation Ordinance. Respectfully submitted, Robert McDonell, Chairperson Historic Preservation Commission Enclosures cc Barry Lindahl, City Attorney Maureen Quann, Assistant City Attorney F:WSERS\Djohnson\Council Items\hpc ordinance amendments THE CITY OF DUBOtJE Masterpiece on the Mississippi MEMORANDUM TO: Historic Preservation Commission FROM: Laura Carstens, Planning Services Manager Dubuque Ai -America C ty 11f 2007 • 2012 • 2013 SUBJECT: UDC Historic Preservation Amendments: Uniform Demolition Regulations DATE: February 13, 2014 INTRODUCTION This memo transmits amendments to the City's Historic Preservation Ordinance recommended by Historic Preservation Commission (HPC) that would create uniform demolition regulations. These amendments would create a uniform and flexible process to establish or modify boundaries of Historic Districts and Conservation Districts. The amendments also would define reasonable economic return and set forth uniform demolition review criteria regardless of whether the property is in a Historic District or a Conservation District. Enclosed are recommended amendments prepared by the Legal staff for Article 10 of the Unified Development Code (UDC) -- the Historic Preservation Ordinance -- that show: 1) redline deletions and additions, and 2) effect of proposed amendments. DISCUSSION The HPC has discussed ways to improve the City of Dubuque's historic preservation program. The HPC discussed one of the improvements is creation of a stand-alone section for uniform demolition regulations in the Historic Preservation Ordinance to: • Create uniform district review processes ® Have a uniform two-part test: ✓ First, is the structure significant or not? ✓ If significant, is there a reasonable economic return based on criteria? ® Create uniform demolition review criteria ® Apply to demolition requests in both Historic and Conservation Districts ® Define "reasonable economic return" 1 UDC Historic Preservation Amendments: Uniform Demolition Regulations Uniform District Reviews A uniform and flexible review process for the establishment, amendment or modification of Historic Districts and Conservation Districts will enable the HPC to provide better recommendations to the City Council. HPC members felt the process for review and comment should be the same for Historic Districts and Conservation Districts. Commissioners also felt that the HPC should have an opportunity to recommend modifications of district proposals that come before them, as opposed to strictly limited to approval or denial. This flexibility would allow the Commission to address issues that might be raised at their meeting, such as boundary adjustments to exclude a non -historic property. The HPC also supported a code amendment to give the City Council this same flexibility. UDC Article 10, the Historic Preservation Ordinance, would be amended to create a uniform and flexible process for district review, as described below. For Historic Districts, Section 16-10-6(G) would be amended to give the City Council the flexibility to approve, modify or deny the nomination of a Historic District. Currently, the City Council can refer the nomination of a Historic District back to the HPC for modification, but the Council does not clearly have the option to modify. For Conservation Districts, Section 16-10-11(G) would be amended to allow the Commission and the City Council to approve, modify or deny the request, or refer the nomination back to the commission for modification. Currently, the City Council does not clearly have the option to modify or refer the nomination of a Conservation District. This would allow the City Council to modify or refer a Conservation District back to the HPC for modification. Uniform Demolition Review Criteria Creating a new section with uniform demolition review criteria for Historic Districts and Conservation Districts will make the process less cumbersome and improve the HPC's decisions. The HPC believes that this uniform approach will reduce challenges that the HPC is being arbitrary and capricious by focusing on reasonable economic return. In a Historic District, demolition is treated in the same manner as an alteration. The applicant for demolition must seek a Certificate of Appropriateness (COA). If the HPC finds that the demolition will 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, then the COA should be denied and the applicant files for a Review of Preservation Alternatives. If again denied, the applicant then files for a Certificate of Economic Non -viability. Both the process and the evaluation criteria in Historic Districts are better suited for proposed alterations than a request for demolition. 2 UDC Historic Preservation Amendments: Uniform Demolition Regulations In a Conservation District, demolition projects are triggered by a demolition permit. If a property has historic or architectural significance, then the role of the HPC is to first determine whether the property is historically or architecturally significant. If not, the permit must be granted. If significant, the applicant must provide information as to whether or not the owner can earn a reasonable economic return. This is a more straightforward test that the more ambiguous test in Historic Districts. UDC Sections 16-10-9 for Historic Districts and 16-10-11 for Conservation Districts would be replaced with a single set of criteria for uniform demolition review. The determination of significance would continue to rely on resources like the National Register listings and the phased Historic/Architectural Surveys/Evaluations. These sources have been reviewed and approved by the HPC, the City Council, the State Historic Preservation Office, and the National Park Service. Reasonable Economic Return Defining reasonable economic return is key to having uniform demolition review criteria and consistent HPC findings for demolition requests in Historic Districts and Conservation Districts. UDC Section 16-10-2 would be amended to define Reasonable Economic Return. Based on staff research and prior cases, the HPC believes that the following definition should be used: "A Reasonable Economic Return is the point at which a reasonable use or a reasonable profit can be realized from a property. The valuation is not based on a property's highest and best use or a preferred use." The HPC asked: "Can the sale of a property be used as part of the economic critieria for determining a reasonable economic return?" Legal staff has determined it cannot; please see enclosed memorandum from Legal staff for more information. RECOMMENDATION Staff recommends amendment of the UDC to create a stand-alone section for uniform demolition regulations in the Historic Preservation Ordinance which will provide uniform demolition regulations for both Historic Districts and Conservation Districts. REQUESTED ACTION The requested action is for the HPC to review the proposed amendments to the Historic Preservation Ordinance, and then provide recommendations to the City Council. Enclosures cc: Michael Van Milligen, City Manager Maureen Quann, Assistant City Attorney David Johnson, Assistant Planner F:\USERS\Dlohnson\HPC\Ordinance\HPO Demo Section Memo 2 1314.doc 3 Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 25-14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DEVELOPMENT CODE, CHAPTER 10 HISTORIC PRESERVATION COMMISSION APPLICATIONS AND PROCEDURES, SECTION 6 IDENTIFICATION AND DESIGNATION OF LANDMARKS, SITES AND HISTORIC DISTRICTS BY PROVIDING FOR A MEETING AND ESTABLISHING PROCEDURES BY WHICH THE COMMISSION MAY ACCEPT ORAL OR WRITTEN TESTIMONY FROM INTERESTED PARTIES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 16-10-6 of the City of Dubuque Code of Ordinances is amended to read as follows: 16-10-6: IDENTIFICATION AND DESIGNATION OF LANDMARKS, SITES AND HISTORIC DISTRICTS: A. Generally: The commission conducts studies for the identification and nomination of landmarks, landmark sites, individually designated historic properties and historic districts, as defined by this chapter. The commission may proceed on its own initiative or upon a petition from any person, group or association. B. Nomination: 1. Landmarks And Landmark Sites: The nomination of landmarks and landmark sites must be initiated by an application submitted to the commission by the property owner on a form supplied by the commission. 2. Historic Districts: The designation of historic districts must be initiated by a nomination for such designation. A nomination is made to the commission on a form prepared by the commission and may be submitted by a member of the commission, the owner of record of property within a proposed historic district, the city council, or any other person or organization. When a commissioner, as a private citizen, nominates a historic district for designation, the nominating commissioner must abstain from voting on the designation. This provision does not extend to a designation motion presented by a commissioner as part of commission proceedings. 3. Individually Designated Historic Properties: The nomination of individually designated historic properties must be initiated by an application submitted to the commission by the property owner on a form supplied by the commission. C. Criteria For Consideration Of Nomination: The commission will, upon such investigation as it deems necessary, make a determination as to the following: 1. Whether the nominated property, structure, object, site or area: 2. Whether the structure, property, object, site or area has sufficient integrity of location, design, materials and workmanship to make it worthy of preservation or restoration; and/or 3. Whether the structure, property, object, site or area is at least fifty (50) years old, unless the commission determines that it . has achieved significance within the past fifty (50) years and is of exceptional importance. D. Notification Of Nomination: Within sixty (60) days after receipt of a completed nomination in proper form, the commission must meet to review the nomination. Notice that a nomination for designation is being considered and the date, time, place and purpose of the meeting must be sent by certified mail, at least fourteen (14) days prior to the date of the hearing, to the owner(s) of record of the nominated landmark or landmark site, nominated individually designated historic property, or property within the nominated historic district and to the nominator(s). Notice must also be published in a newspaper having general circulation in the city. The notice must state the street address and legal description of a nominated landmark or landmark site or the boundaries of a nominated district. E. Meeting: The commission may, at its discretion, accept oral or written testimony concerning the significance of the nominated landmark, landmark site or historic district any interested person. The commission may request expert testimony, consider staff reports or present its own evidence regarding the compliance of the nominated landmark, landmark site, individually designated historic property or historic district with the criteria set forth in subsection C of this section. The owner of any nominated landmark, landmark site, individually designated historic property or of any property within a nominated historic district shall be allowed a reasonable opportunity to present evidence regarding the nomination. F. Determination By Commission, Recommendation And Report: Within thirty (30) days following the commission's meeting, the commission will determine whether the nominated landmark, landmark site, individually designated historic property or historic district meets the criteria for designation. Such determination is made in an open meeting by resolution of the commission, in the form of a written recommendation and a written report in support of the nomination. The commission's recommendation on the nomination of a landmark, landmark site, individually designated historic property or historic district, and its supporting report, will be transmitted to the city council, with a proposed ordinance or amendment establishing such landmark, landmark site, individually designated historic property or historic district and describing its location and boundaries by address and legal description. G. Action By City Council: 1. The city council must submit the proposed ordinance or amendment to the state historic preservation office for review and recommendations at least thirty (30) days prior to the date of any public hearing conducted by the city council. The City will make any recommendations made by the state historic preservation office available to the public for viewing during normal working hours at a city government place of public access. 2. Upon receipt of the recommendation and report of the commission, and after having received a recommendation from the state historic preservation office or if the thirty (30) day waiting period has lapsed since submission of the request for such recommendation, the city council will conduct a public hearing on the ordinance or amendment establishing the proposed landmark, landmark site, individually designated historic property or historic preservation district. After public hearing, the city council will approve or disapprove the ordinance or amendment, or refer the nomination back to the commission for modification. A modified nomination requires compliance with the same procedure for designation as set forth above. 3. City council approval of the ordinance or amendment constitutes designation of the landmark, landmark site, individually designated historic property or historic district. H. Amendment And Rescission Of Designation: A designation may be amended or rescinded upon petition to the commission and compliance with the same procedure and criteria as set forth above for designation. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 17th day ojjMarch, 2014. Roy DI , Mayor Attest: Kevin S. rnstahl, Cit Cler EFFECT OF AMENDMENT 16-10-6: IDENTIFICATION AND DESIGNATION OF LANDMARKS, SITES AND HISTORIC DISTRICTS: A. Generally: The commission mayconducts studies for the identification and nomination of landmarks, landmark sites, individually designated historic properties and historic districts, as defined by this chapter. The commission may proceed on its own initiative or upon a petition from any person, group or association. B. Nomination: 1. Landmarks And Landmark Sites: The nomination of landmarks and landmark sites shallmust be initiated by an application submitted to the commission by the property owner on a form supplied by the commission. 2. Historic Districts: The designation of historic districts shallmust be initiated by a nomination for such designation. A nomination shall be made to the commission on a form prepared by +tthe commission and may be submitted by a member of the commission, the owner of record of property within a proposed historic district, the city council, or any other person or organization. When a commissioner, as a private citizen, nominates a historic district for designation, the nominating commissioner shallmust abstain from voting on the designation. This provision shatldoes not extend to a designation motion presented by a commissioner as part of commission proceedings. 3. Individually Designated Historic Properties: The nomination of individually designated historic properties shallmust be initiated by an application submitted to the commission by the property owner on a form supplied by the commission. C. Criteria For Consideration Of Nomination: The commission shallwill, upon such investigation as it deems necessary, make a determination as to the following: 1. Whether Tthe nominated property, structure, object, site or area: 2. Whether Tthe structure, property, object, site or area has sufficient integrity of location, design, materials and workmanship to make it worthy of preservation or restoration; and/or 3. Whether Tthe structure, property, object, site or area is at least fifty (50) years old, unless the commission determines that it has achieved significance within the past fifty (50) years and is of exceptional importance. D. Notification Of Nomination: Within sixty (60) days after receipt of a completed nomination in proper form, the commission shall hold a public hea,;ngmust meet to review the nomination. Notice that a nomination for designation is being considered and the date, time, place and purpose of the public hearing shallmeetinq must be sent by certified mail, at least fourteen (14) days prior to the date of the hearing, to the owner(s) of record of the nominated landmark or landmark site, nominated individually designated historic property, or property within the nominated historic district and to the nominator(s). Notice shallmust also be published in a newspaper having general circulation in the city. The notice s-hallmust state the street address and legal description of a nominated landmark or landmark site or the boundaries of a nominated district. E. Public HearingMeeting: The commission may, at its discretion, accept oGral or written testimony concerning the significance of the nominated landmark, landmark site or historic district - _ _ - - _ _ _ •-_ -e _ •• ny interested person. The commission may request expert testimony, consider staff reports or present its own evidence regarding the compliance of the nominated landmark, landmark site, individually designated historic property or historic district with the criteria set forth in subsection C of this section. The owner of any nominated landmark, landmark site, individually designated historic property or of any property within a nominated historic district shall be allowed a reasonable opportunity to present evidence regarding the nomination, shall be afforded the right of represent sel and shall be given reasonable opportunity to cross examine expert witnesses. The hearing shall be closed upon completion of testimony. F. Determination By Commission, Recommendation And Report: Within thirty (30) days following the close of the public hearingcommission's meeting, the commission twill make a determinationdetermine upon the evidence as towhether the nominated landmark, landmark site, individually designated historic property or historic district cis or does notmeets the criteria for designation. Such determination his made in an open meeting by resolution of the commission, shall be reduced to writingin the form of a written recommendation and shall be supported bya written report in support of the nomination. The commission's recommendation on the nomination of a landmark, landmark site, individually designated historic property or historic district, and its supporting report, challwill be transmitted to the city council, and shall includewith a proposed ordinance or amendment establishing such landmark, landmark site, individually designated historic property or historic district and describing its location and boundaries by address and legal description. G. Action By City Council: 1. The city council challmust submit the proposed ordinance or amendment to the state historic preservation office for review and recommendations at least thirty (30) days prior to the date of any public hearing conducted by the city council. The City will make aAny recommendations made by the state historic preservation office shall be madeavailable by the cityto the public for viewing during normal working hours at a city government place of public access. 2. Upon receipt of the recommendation and report of the commission, and after having received a recommendation from the state historic preservation office or if the thirty (30) day waiting period has lapsed since submission of the request for such recommendation, the city council challwill conduct a public hearing on the ordinance or amendment establishing the proposed landmark, landmark site, individually designated historic property or historic preservation district. After public hearing, the city council shallwill approve or disapprove the ordinance or amendment, or refer the nomination back to the commission for modification. A modified nomination sha-llrequires compliance with the same procedure for designation as set forth above. 3. City council approval of the ordinance or amendment shallconstitutes designation of the landmark, landmark site, individually designated historic property or historic district. H. Amendment And Rescission Of Designation: A designation may be amended or rescinded upon petition to the commission and compliance with the same procedure and according to the samecriteria as set forth above for designation. OFFICIAL PUBLICATION ORDINANCE NO. 25-14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DEVELOP- MENT CODE, CHAP- TER 10 HISTORIC PRESERVATION COM- MISSION APPLICA- TIONS AND PROCE- DURES, SECTION 6 IDENTIFICATION AND • DESIGNATION OF LANDMARKS, SITES AND HISTORIC DIS- TRICTS BY PROVID- ING FOR A MEETING AND ESTABLISHING PROCEDURES BY WHICH THE COMMIS- SION MAY ACCEPT ; ORAL OR WRITTEN TESTIMONY FROM INTERESTED PARTIES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. Section 16- 10-6 of the City of Du- buque Code of Ordi- nances is amended to read as follows: 16-10-6: IDENTIFICA- TION AND DESIGNA- TION OF LANDMARKS, SITES AND HISTORIC DISTRICTS: A. Generally: T,he commission conducts studies for the identifi- cation and nomination ' of landmarks, land- mark sites, individually designated historic properties and historic districts, as defined by this cIapt.g -The com- mission' May proceed oh itsoWn initiative or upon a petition from any person, group or association. - B. Nomination: 1. Lapdmarks And Landmark Sites: The nomination of land- marks and landmark sites must be Initiated by an application sub- mitted to the commis- sion by the property owner on a form sup- plied by the commis- sion. 2. Historic Districts: The designation of his- toric districts must be , initiated by a nomina- tion for such designa- tion. A nomination Is made to the commis- sion on a form pre- pared by the commis- sion and may be sub- mitted by a member of the commission, the owner of record of property within a. pro- posed historic district, the city council, or any other person or organi- zation. When a com- missioner, as a private , citizen, nominates a historic district for des- ignation, the nominat- ing commissioner must. abstain from voting on the designation. This provision does not ex- tend to a designation motion presented by a commissioner as part of commission pro- ceedings. 3. Individually Desig- nated Historic Proper- ties: The nomination of individually designated historic properties must be Initiated by an application submitted to the commission by the property owner on a form supplied by the commission. C. Criteria For Consid- eration Of Nomination: The commission will, upon such investiga- tion as it deems neces- sary, make a determi- nation as to the follow - Ing: 1. Whether the nomi- nated property, struc- ture, object, site or area: 2. Whether the struc- ture, property, object, site or area has suffi- cient integrity' of loCa- ' tion, design, materials and workmanship to make It worthy of ores- !! ervation or restoration; and/or 3. Whether the struc--� ture, property, object, site or area is at least ' fifty (50) years old, un- less the commission determines that it has achieved significance within the past fifty (50) years and Is of ex- ceptional importance. D. Notification Of Nomination: Within six- ty (60) days after re- ceipt of a completed nominationin proper 1 form, the commission must meet to review the nomination. Notice that a nomination for designation ' is being considered and the date, _time, place and purpose of the meeting must be sent by certi- fled mail, at least four- teen (14) days prior to the date of the hearing, to the owner(s) of re- cord of the nominated landmark or landmark site, nominated indi- vidually designated historic property, or property within the nominated historic dis- trict and to the nominator(s). Notice must also be published in a newspaper having general circulation in the city. The notice must state the street address and legal de- scription of a nominat- ed landmark or land- mark site or the boun- daries of a nominated district. E. Meeting: The com- mission may, at its dis- cretion, accept oral or written testimony con- cerning the signifi- cance of the nominat- ed landmark, landmark site or historic district any Interested person. The commission may request expert testi- mony, consider staff reports or present Its own evidence regard- ing the compliance of the nominated land- mark, landmark site, Individually designated historic property or historic district with the criteria set forth In subsection C of this section. The owner of any nominated land- mark, • landmark site, individually designated historic property or of any property within a nominated historic dis- trict shall be allowed a reasonable opportunity to present evidence re- garding the nomina- tion. F. Determination By Commission, Recom- mendation And Report: Within thirty (30) days following the commis- sion's meeting, the commission will deter- mine whether the nom- inated landmark, land- mark site, individually designated historic property or historic district meets the cri- teria for designation. ' Such determination is made In an open meet - Ing by resolution of the commission, in the form of a written rec-I ommendation and a! written report in sup- port of the nomination. The commission's rec- ommendation on the nomination of a land- mark, landmark site, Individually designated historic property or historic district, and Its supporting report, will be transmitted to the city council, with a pro- posed ordinance or amendment establish- ing such landmark, landmark site, individ- ually designated his- toric property or his- toric district and de- scribing its location and boundaries by ad- dress and legal de- scription. G. Action By City Council: 1. The city council must submit the pro- posed ordinance or amendment to the state historic preserva- tion office for review and recommendations at least thirty (30) days prior to the date of any public hearing con- ducted by the city council. The City will make any recommen- dations made by the state historic preserva- tion office available to the public for viewing during normal working hours at a city govern- ment place of public access. 2. Upon receipt of the recommendation and report of the commis- sion, and after having received a recommen- dation from the state historic preservation office or if the thirty (30) day wafting period has lapsed since sub- mission of the request for such recommenda- tion, the city council will conduct a public hearing on the ordi- nance or amendment 1 establishing the pro- posed landmark, land- mark site, individually designated historic! ! property or historic preservation district. After public hearing, the city council will ap- prove or disapprove the ordinance or amendment, or refer the nomination back to the commission for modification. A modi- fied nomination re - 1 quires compliance with the same procedure for designation as set ! forth above. 3. City council appro- val of the ordinance or amendment consti- tutes designation of the .landmark, land- ---- -- - mark site Individually designated historic property or historic district. H. Amendment And Rescission Of Designa- tion: A designation may be amended or re- scinded upon petition to the commission and compliance with . the same procedure.. and criteria as set forth above for designation. Section 2. This Ordi- nance takes effect upon publication. Passed, approved, and adopted the 17th day of March, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Flrnstahl, City Clerk Published officially in the Telegraph Herald Newspaper on the 21st day of March, 2014. /s/Kevin S. Flrnstahl, CMC, City Cie* 1t 3/21 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: March 21, 2014, and for which the charge is $75.25. Subscribed to before me Notary Public in and for Dubuque County, Iowa, this c;260 day of ��a ) , 20 /'- . otary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. F" 1, 2017 Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 26-14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DEVELOPMENT CODE, CHAPTER 10 HISTORIC PRESERVATION COMMISSION APPLICATIONS AND PROCEDURES, SECTION 8 DEMOLITION OF LANDMARKS, LANDMARK SITES AND HISTORIC DISTRICTS BY CLARIFYING PROCEDURES AND CRITERIA FOR DEMOLITION OF LANDMARKS, SITES AND STRUCTURES IN HISTORIC DISTRICTS AND CONSERVATION DISTRICTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 16-10-8 of the City of Dubuque Code of Ordinances is amended to read as follows: 16-10-8: DEMOLITION OF LANDMARKS, LANDMARK SITES AND STRUCTURES IN HISTORIC DISTRICTS AND CONSERVATION DISTRICTS: A. Demolition Generally: Demolition of landmarks, landmark sites, individually designated historic properties or structures within historic districts, and structures in conservations districts is prohibited unless, upon application and after hearing, the commission issues a certificate of appropriateness or a certificate of economic nonviability pursuant to this section. B. Demolition By Neglect Prohibited: The owner of a building or structure in any historic or conservation district, or of a landmark or landmark site, or individually designated historic property must keep in good repair all the exterior portions of such buildings or structures and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior portion and comply with all other provisions of law requiring property and improvements to be kept in good repair. The owner must repair the building or structure to correct any of the following defects as determined by the city building official: D. Review Of Demolition Permits: Upon receiving an application for a demolition permit for any building subject to this section, the building official must immediately notify the planning services department of such application. If the application is for any building with one or more dwelling units, the building official must also immediately notify the housing and community development department. The applicant must file the information required in this section with the historic preservation commission at the office of the planning services department by the application deadline established by the commission. If the application is for any building with one or more dwelling units, the planning services department must provide the filed information to the housing and community development department. 1. At its next regular meeting, the commission will approve or deny the application, or table the application for additional information for a specified period not to exceed ninety (90) days from the date of application with the commission. Failure of the commission to take action on the application within the ninety (90) day period, unless the applicant requests and the commission grants an extension of such time, constitutes commission approval thereof. 2. The commission will review all information submitted by the applicant and, if the application is for any building with one or more dwelling units, all information submitted by the housing and community development department, and make a determination as to the following: a. Whether the building proposed for demolition has historic or architectural significance to the community; and b. Whether denial of the proposed demolition permit would prevent the property owner from earning a reasonable economic return on the property. 3. If the commission finds that denial of the application would prevent the property owner from earning a reasonable economic return on the property, or that the building does not have any historical or architectural significance to the community, the commission will approve the application. 4. If the commission finds that denial of the application would not prevent the property owner from earning a reasonable economic return on the property, and that the building has historical or architectural significance to the community, the commission will deny the permit application. 5. If the applicant is the state of Iowa or a political subdivision of the state, the city council will also make a determination as to whether the denial of the applicationwould prevent the state or the political subdivision from accomplishing its governmental functions as follows: a. If, after weighing the interests and attempting to accommodate all conflicting governmental interests, the city council finds that denial of the applicationwould prevent the state or the political subdivision from accomplishing its governmental functions, the city council will approve the application. b. If, after weighing the interests and attempting to accommodate all conflicting governmental interests, the city council finds that denial of the application would not prevent the state or the political subdivision from accomplishing its governmental functions, the city council may deny the application. 6. If the city council denies the application, it will state its findings in writing and shall transmit a copy of such findings to the applicant. E. Standards for Demolition Review: 1. The report, "Heritage Of Dubuque" dated March 1974 and filed on record on January 27, 1975, is a comprehensive study for the historical preservation and conservation of the city and one of the guides to be considered at such time as a demolition permit is applied for under this section. The city of Dubuque's historic property inventory and any subsequent official architectural/historical surveys/evaluations and nominations to the national register of historic places prepared for any buildings located within the conservation districts described in subsection A of this section are also guidelines at such time. 2. In determining whether a building has historic or architectural significance, the commission considers an application for a demolition permit in accordance with the standards for review set forth in the secretary of the interior's "standards for identification and evaluation", and any subsequent revisions of these standards and guidelines by the secretary of the interior. The commission also considers a determination from the state historical preservation office as to the potential eligibility for listing of the building proposed for demolition on the national register of historic places. F. Economic Guidelines And Review Criteria: 1. In determining whether to approve or deny the application, the commission may consider the information set forth in this subsection. The commission may also investigate strategies which would allow the property owner to earn a reasonable economic return on the property, may solicit expert testimony, and may require that the applicant make submissions concerning any or all of the following information: a. A bid from a qualified contractor showing the cost of the proposed demolition. b. A report from a licensed engineer, architect or contractor with experience in rehabilitation as to the structural integrity of the structure(s) that the applicant proposes to demolish. c. The appraised value of the property by a licensed appraiser for the following conditions: (1) In the property's current condition; (2) After completion of the proposed demolition; (3) After rehabilitation of the existing property for continued use by providing sales for the previous six (6) months for at least three (3) comparable properties. If there are not sales for the previous six (6) months at comparable properties, sales for the previous year at comparable properties may be used; and (4) If the property is an income-producing property, such valuation must include the rent scheduled and anticipated income after such rehabilitation, and the same for at least three (3) comparable properties to substantiate the information provided for the property in question. d. An estimate from an architect, developer, contractor, or appraiser experienced in rehabilitation as to the cost to rehabilitate the building to the point of which a reasonable use or a reasonable profit can be realized from the property, including but not limited to, bringing a building up to code so it can be occupied, not necessarily its "highest and best use", preferred use, or a restoration project. e. The amount paid for the property, the date of purchase, and the person from whom the property was purchased, a description of the relationship, if any, if any between the owner of record, the applicant and the person from whom the property was purchased or is being purchased, and the terms of the purchase or proposed purchase, including financing. f. If the property is income producing, copies of the 1040 schedule E or other appropriate forms and/or schedules filed with the IRS for the previous two (2) years. Such forms must include operation and maintenance expenses, depreciation deduction and annual cash flow before and after debt service, if any. Such forms must be signed by the current property owner to certify their authenticity. If such forms/statements are not available, income statements from a certified public accountant or licensed public accountant on letterhead and signed may be substituted g. The name of all mortgagees and the balance of all mortgages or other financing secured by the property and annual debt service, if any, for the previous two (2) years. Debt service is the amount of principle and interest payments paid annually on the property. h. All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing and ownership of the property. i. Any listing of the property for sale or rent, the price asked and offers received for sale or rent, if any, within the previous five (5) years. j. The assessed value of the property for the previous two (2) assessment years. k. The amount of real estate taxes assessed for the previous two (2) assessment years and whether or not they have been paid. I. The form of ownership or operation of the property, whether sole proprietorship, for profit or not for profit corporation, limited partnership, joint venture or other. m. Any other information considered necessary by the commission to determine whether the property yields or may yield a reasonable economic return to the property owner(s). A reasonable economic return is defined as the cost to rehabilitate the building to the point at which a reasonable use or a reasonable profit can be realized from the property. This may mean bringing a building up to code to the point at which it can be occupied, not necessarily to its "highest and best use", preferred use or a restoration project. n. Proof of the applicant's efforts to obtain financing, tax incentives, preservation grants and other incentives to allow the applicant to earn a reasonable economic return from the property. o. Documents detailing the applicant's efforts in ongoing maintenance and repair. This may include, but is not limited to, tax statements and/or copies of invoices. 2. If the application is for any building with one or more dwelling units, the housing and community development department may also make submissions concerning any or all of the above information, including strategies which would allow the property owner to earn a reasonable economic return on the property. The commission will consider such information. G. Guidelines And Review Criteria For Applications By State Or Political Subdivision Of State: 1. In determining whether to approve or deny the application, the commission may consider the information set forth in this subsection and any other information the commission considers relevant to balancing any conflicting governmental interests. 2. The commission may require that the applicant make submissions concerning the following information for the proposed site and suitable alternative location(s), including but not limited to: a. Fair market value of property. b. Estimate of the cost of the proposed demolition, including hazardous material removal and remediation. c. Fair market value of any property owned by the governmental body that could be sold if that site is not chosen for the project. d. Property tax impact of removing private property from the tax rolls at the proposed location and all alternative locations. e. Any other factors that contribute to making one location more suitable than others for the proposed use. f. Any other information appropriate to evaluating how all conflicting governmental interests may be accommodated. g. The need for the use in question, the effect on neighboring property, and the environmental impact of the proposed use. H. Action: If the commission fails to take action to approve, deny or withhold action on the application within the ninety (90) day period, or such extension as requested by the applicant, the building official will issue the permit forthwith. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 17th day of March, 2014. Attest: Kevin S. irnstahl, City C Roy D. ol, Mayor • EFFECT OF AMENDMENT 16-10-8: DEMOLITION OF LANDMARKS, LANDMARK SITES AND STRUCTURES IN HISTORIC AND CONSERVATION DISTRICTS: A. Demolition Generally: Demolition of landmarks, landmark sites, individually designated historic properties or structures within historic districts, and structures w thin conservations districts is prohibited unless, upon application and after hearing, the commission issues a certificate of appropriateness or a certificate of economic nonviability pursuant to this section 16 10 9 of this chapter. B. Demolition By Neglect Prohibited: The owner of a building or structure in any historic or conservation district, or of a landmark or landmark site, or individually designated historic property shalRmust keep in good repair all the exterior portions of such buildings or structures and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior portion and comply withThis shall be in addition to all other provisions of law requiring property and improvements to be kept in good repair. The owner slaal4must repair the building or structure to correct any of the following defects as determined by the city building official: Dr .Review Of Demolition Permits: Upon receiving an application for a demolition; -- permit for any building subiect to this section, the building official must immediately notify the planning services department of such application. If the application is for any `, building with one or more dwelling units, the building official must also immediately notify the housing and community development department. The applicant must,file the information required in this section with the historic preservation commission at the office of the planning services department by the application deadline established by the commission. If the application is for any building with one or more dwelling units, the Formatted: Font (Default) Arial, 12 pt planning services department must provide the filed information to the housing and - -- Formatted: Font (Default) Arial, 12 pt community development department. Formatted: Font: (Default) Arial, 12 pt Formatted: Font (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: No Spacing, Justified, Indent: Left: 0", First line: 0", Space Before: 0 pt, After: 0 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font (Default) Arial, 12 pt 1.- [fit its next regular meeting, the commission will. approve or deny the application, or table the application for additional information for a specified period not to exceed ninety (90) days from the date of application with the Formatted: Font (Default) Arial, 12 pt commission. Failure of the commission to take action on the application within the ninety (90) day period, unless the applicant requests and the commission` grants an extension of such time, constitutes commission approval thereof. Formatted: No Spacing, Justified, Indent: Left: 0", First line: 0", Space Before: 0 pt, After: 0 pt Formatted: Font (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font (Default) Arial, 12 pt 2.- ,The commission will review all information submitted by the applicant and, if the application is for any building with one or more dwelling units, all l Formatted: Font: (Default) Arial, 12 pt 1 Formatted: Font (Default) Arial, 12 pt Formatted: Font (Default) Arial, 12 pt information submitted by the housing and community development department, and make a determination as to the following: - Formatted: Font: (Default) Arial, 12 pt a.- Whether the building proposed for demolition has historic or --I Formatted: Font: (Default) Arial, 12 pt architectural significance to the community: and b.- Whether denial of the proposed demolition permit would prevent the property owner from earning a reasonable economic return on the property. 3.- jf the commission finds that denial of the application would prevent the property owner from earning a reasonable economic return on the property, or that the building does not have any historical or architectural significance to the community, the commission wilL approve the application. _ - Formatted: Font: (Default) Arial, 12 pt - Formatted: Font: (Default) Arial, 12 pt - -I Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt - Formatted: Font: (Default) Arial, 12 pt 4.- ,If the commission finds that denial of the application would not prevent the property owner from earning a reasonable economic return on the property, and that the building has historical or architectural significance to the community, the commission will deny the permit application. _ - Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt 5.- jf the applicant is the state of Iowa or a political subdivision of the state, the city council will also make a determination as to whether the denial of the _ _ application would prevent the state or the political subdivision from accomplishing its governmental functions as follows: a.- ,If, after weighing the interests and attempting to accommodate all _ conflicting governmental interests, the city council finds that denial of the application would prevent the state or the political subdivision from accomplishing its governmental functions, the city council will approve the_," application. 33 i b.- .If, after weighing the interests and attempting to accommodate all conflicting governmental interests, the city council finds that denial of the ,'r� application would not prevent the state or the political subdivision from accomplishing its governmental functions, the city council may deny the ,`1;' { rff' application. - 6.- .If the city council denies the application, it wilt state its findings in writing irfe,' and shall transmit a copy of such findings to the applicant. E.- Standards for Demolition, Review: -` Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font (Default) Arial, 12 pt Formatted: Font (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font (Default) Arial, 12 pt Formatted: No Spacing, Justified 1.- The report, "Heritage Of Dubuque" dated March 1974 and filed on record on January 27, 1975, is a comprehensive study for the historical preservation Formatted: No Spacing, Justified, Indent: Left: 0", First line: 0", Space Before: 0 pt, After: 0 pt Formatted: Font (Default) Arial, 12 pt Formatted: Font (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: and conservation, of the city and one of the guides to be considered at such time Formatted: as a demolition permit is applied for under this section, The city of Dubuque's -( Formatted: Font (Default) Arial, 12 pt Font: (Default) Arial, 12 pt Font (Default) Arial, 12 pt Formatted: Font (Default) Arial, 12 pt historic property inventory and any subsequent official architectural/historical surveys/evaluations and nominations to the national register of historic places prepared for any buildings located within the conservation districts described in subsection A of this section are also guidelines at such time. 2. ,In determining whether a building has historic or architectural significance the commission considers an application for a demolition permit in accordance `, with the standards for review set forth in the secretary of the interior's "standards -,:‘ ,1 Formatted: Font (Default) Arial, 12 pt for identification and evaluation", and any subsequent revisions of these '{ • Formatted: Font (Default) Arial, 12 pt standards and guidelines by the secretary of the interior. The commission also Formatted: Font (Default) Arial, 12 pt considers, a determination from the state historical preservation office as to the: -., Potential eligibility for listing of the building proposed for demolition on the national register of historic places. Formatted: Font: (Default) Arial, 12 pt Formatted: Font (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt F .Economic Guidelines And Review Criteria: Formatted: Font (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt -{ Formatted: No Spacing, Justified 1. .In determining whether to approve or deny the application, the \t`,,, commission may consider the information set forth in this subsection. The commission may also investigate strategies which would allow the property \'',\:[ Formatted: owner to earn a reasonable economic return on the property, may solicit expert \,t Formatted: testimony, and may require that the applicant make submissions concerning any or all of the following information: Formatted: No Spacing, Justified, Indent: Left: Cr, First line: 0", Space Before: 0 pt, After: 0 pt a. E1 bid from a qualified contractor showing the cost of the proposed _ demolition. -I Formatted: Font (Default) Arial, 12 pt Formatted: Font (Default) Arial, 12 pt Font: (Default) Arial, 12 pt Font (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt mob. E1 report from a licensed engineer, architect or contractor with experience in rehabilitation as to the structural integrity of thea_structures),_; that the applicant proposes to demolish. • Formatted: Font (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font (Default) Arial, 12 pt c. The appraised value of the property by a licensed appraiser for the • '[ Formatted: Font: (Default) Arial, 12 pt following conditions: Formatted: Font (Default) Arial, 12 pt (1) In the property's current condition; (2) After completion of the proposed demolition (3) After rehabilitation of the existing property for continued use by providing sales for the previous six (6) months for at least three (3) comparable properties. If there are not sales for the previous six (6) months at comparable properties, sales for the previous year at comparable properties may be used: and (4) If the property is an income-producing property, such valuation must include the rent scheduled and anticipated income after such rehabilitation, and the same for at least three (3) Formatted: Font: (Default) Arial, 12 pt comparable properties to substantiate the information provided for the property in question. ted. An estimate from an architect, developer, contractor, or appraiser - -- Formatted: Font (Default) Arial, 12 pt experienced in rehabilitation as to the cost to rehabilitate the building to Formatted: Font: (Default) Arial, 12 pt the point a#of which a reasonable use or a reasonable profit can be realized from the property, including but not limited to, bringing a building up to code so it can be occupied not necessarily its "highest and best use", preferred use, or a restoration project. e. The amount paid for the property, the date of purchase, and the person from whom the property was purchased, a description of the relationship, if any, if any between the owner of record, the applicant and the person from whom the property was purchased or is being purchased, and the terms of the purchase or proposed purchase, including financing, [ Formatted: Font: (Default) Arial, 12 pt f. If the property is income producing, copies of the 1040 schedule E or other appropriate forms and/or schedules filed with the IRS for the previous two (2) years. Such forms must include operation and maintenance expenses, depreciation deduction and annual cash flow before and after debt service, if any. Such forms must be signed by the current property owner to certify their authenticity. If such forms/statements are not available, income statements from a certified public accountant or licensed public accountant on letterhead and signed may be substituted q. The name of all mortgagees and the balance of all mortgages or other financing secured by the property and annual debt service, if any, for the previous two (2) years. Debt service is the amount of principle and interest payments paid annually on the property. h. All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing and ownership of the property. Formatted: Font (Default) Arial, 12 pt Formatted: Font (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt i. Any listing of the property for sale or rent, the price asked and __ Formatted: Font (Default) Arial, 12 pt offers received for sale or rent, if any, within the previous fivepZyears. 1. The assessed value of the property for the previous two (2) assessment years. Formatted: Font (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font (Default) Arial, 12 pt k. The amount of real estate taxes assessed for the previous two (2) Formatted: Font: (Default) Arial, 12 pt assessment years and whether or not they have been paid. - Formatted: Font (Default) Arial, 12 pt I. The form of ownership or operation of the property, whether sole proprietorship, for profit or not for profit corporation, limited partnership, joint venture or other. Formatted: Font: (Default) Arial, 12 pt m.. Any other information considered necessary by the commission to Formatted: Font (Default) Arial, 12 pt determine whether the property yields or may yield a reasonable economic return to the property owner(s). A reasonable economic return is defined as the cost to rehabilitate the building to the point at which a reasonable use or a reasonable profit can be realized from the property, _ - [ Formatted: Font (Default) Arial, 12 pt This many mean bringing a building up to code to the point at which it can be occupied, not necessarily to its "highest and best use", preferred use or a restoration protect. Formatted: Font (Default) Arial, 12 pt r4 Proof of the applicant's efforts to obtain financing, tax incentives, -{ Formatted: Font: (Default) Arial, 12 pt preservation grants and other incentives to allow the applicant to earn a reasonable economic return from the property. - "[ Formatted: Font: (Default) Arial, 12 pt o, Documents detailing the applicant's efforts in ongoing maintenance and repair, This may include, but is not limited to, tax statements and/or copies of invoices. Formatted: Font (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt - Formatted: Font: (Default) Arial, 12 pt - 2. ,If the application is for any building with one or more dwelling units, the _- [Formatted: Font: (Default) Arial, 12 pt housing and community development department may also make submissions concerning any or all of the above information, including strategies which would allow the property owner to earn a reasonable economic return on the property. The commission will. consider such information. Formatted: Font (Default) Arial, 12 pt G. .Guidelines_ _ And Review Criteria For Applications By State Or Political Subdivision*- Il Of State: 1 1. .In determining whether to approve or deny the application, the commission may consider the information set forth in this subsection and any \ , other information the commission considers relevant to balancing any conflicting ', governmental interests. Formatted: No Spacing, Justified Formatted: No Spacing, Justified, Indent: Left: Cr, First line: 0", Space Before: 0 pt, After: 0 pt Formatted: Font (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font (Default) Arial, 12 pt 2. The commission may require that the applicant make submissions Formatted: Font (Default) Arial, 12 pt concerning the following information for the proposed site and suitable alternative Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font (Default) Arial, 12 pt including`, Formatted: Font (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font (Default) Arial, 12 pt location(s), including but not limited to` Formatted: Font (Default) Arial, 12 pt a. Fair market value of property b. Estimate of the cost of the proposed demolition, hazardous material removal and remediation. c. Fair market value of any property owned by the governmental body that could be sold if that site is not chosen for the project. Formatted: Font: (Default) Arial, 12 pt Formatted: Font (Default) Arial, 12 pt ,d. Property tax impact of removing private property from the tax rolls at the proposed location and all alternative locations. Formatted: Font: (Default) Arial, 12 pt Formatted: Font (Default) Arial, 12 pt e. Any other factors that contribute to making one location more suitable than others for the proposed use. f. Any other information appropriate to evaluating how all conflicting governmental interests may be accommodated. q. The need for the use in question, the effect on neighboring property, and the environmental impact of the proposed use. - Formatted: Font: (Default) Arial, 12 pt jFormatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: No Spacing, Justified H, Action: If the commission fails to take action to approve, deny or withhold action ----- on the application within the ninety (90) day period, or such extension as requested by-, the applicant, the building official will, issue thepermit forthwith. Formatted: Font: (Default) Arial, 12 pt tFormatted: Font: (Default) Arial, 12 pt Formatted: No Spacing, Justified, Indent: Left: 0", First line: 0", Space Before: 0 pt, After: 0 pt Formatted: Font: (Default) Arial, 12 pt OFFICIAL department. The appli- the city council finds PUBLICATION cant must file the infor- that dental of the appli- ORDINANCE NO. 26-14 mation required in this cation would prevent AMENDING CITY OF section with the histor the state or the politi- DUBUQUE CODE OF is preservation corn- I cal subdivision from ORDINANCES TITLE mission at the office of accomplishing Its gov- 16 UNIFIED DEVELOP- the planning services ernmental .functions, MENT CODE, .CHAP- department by the ap-I the city council will ap- TER 10 HISTORIC,plication deadline es- prove the application. PRESERVATION COM- '1 tablished by the com- ' b. If, after weighing MISSION. APPLICA- mission. If the applica-'i the interests and at TIONS ;AND PROCE- tion is for any buildingtempting to accommo- DURES, SECTION 8 with one or more, date all conflicting gov- DEMOLITION OF dwelling units, the' ernmental Interests, LANDMARKS, LAND- planning services de- the city council finds MARK SITES AND Partment must provide 1 that denial of the appli- HISTORIC DISTRICTS , the filed information to cation would not pre - BY CLARIFYING PRO= the housing and com- ' vent the state or the CEDURES AND CRITE- ' munity development 1 political subdivision RIA FOR DEMOLITION department. from accomplishing Its OF LANDMARKS, 1. At its next regular I governmental func- SITES AND STRUC- meeting, the commis- tions, the city council TURES IN HISTORIC I sion will approve or de- ' may deny the applica- DISTRICTS AND CON- ny the application, or,tion. SERVATION DIS- table the application 6. if the city council TRICTS for additional informa- denies the application, NOW, THEREFORE, 1 tion for a specified pe- it will state its findings BE IT ORDAINED BY rlod not to exceed in writing and shall THE CITY COUNCIL ninety (90) days from transmit a copy of such OF THE CITY. OF DU- , the date of application' findings to the apply BUQUE, IOWA: with the. commission. cant. Section 1. Section 16- Failure of the commis- E. Standards for Dem - 10 -8 of the City of Du- sion to take action on olition Review: ' budue Code of Ordi- I the application within 1. The report, "Herit- three (3) comparable sale or ;rent, if any, nances is amended to the ninety (90) day Per age Of Dubuque" dated properties: If there are within the previous five read as follows: riod, unless the appli- March 1974 and filed not sales for the previ- ous six (6) i (5) years. 16-10-8: DEMOLITION'cant requests and the on record on January months at I j The assessed value OF LANDMARKS, LAND- commission grants an 27, 1975, is a compre- MARK SITES AND extension of such time, hensive study for. the 1 , comparable mproperties, of the property for the STRUCTURES IN HIS- constitutes commis- historical preservation ' sales for the previous 1previoustevious two (2) as - yea TORIC DISTRICTS AND sion approval thereof. 1 and conservation of year at comparable ! k. The amount of. real CONSERVATION DIS- 2.. The commission the city and one of the properties may be state taxes assessed TRICTS: will review all informa- guides to be consid-; used; and g A. Demolition Gener- tion submitted by the . ered at such time as a (4) If the property Is ,', for the previous two ally: Demolition of applicant and, if the demolition permit is , an income-producing (2) assessment years nd whether or landmarks, landmark application Is for any applied for under this •property, such valva ! they have been paidnot sites, individually des- building with' one or section. The city of Du tion mustginclude the ignated historic prop- more dwelling units, all buque's historic prop- tic pserule come after : ship or operation of the erties or structures information submitted man suemIsslons con- cerning any or all of the following informa- tion: a. A bid from a quail - fled contractor show- ing the cost of the pro- posed demolition, b. A report from a li- censed engineer, archi- tect or contractor with forms/statements are copies of Invoices. • . 2. If the application Is for any building with one or more dwelling units, the housing and community develop- ment department may, also make submissions; concerning any or all of! the above information, including strategies! which would allow thepro, to earn a reasonable economic' return on the property.! The commission will consider such informa-, tion. G. Guidelines And Re-! view Criteria For Appll-! .cations By•State Or Po Utica' Subdivision Of' State: • 1. In determining whether to. approve or deny the application, the commission may consider the informa- tion set forth In this subsection and any' other information ,the commission considers relevant to balancing any conflicting govern- 1 mental interests. I 2.' The commission may require that the applicant , make sub- missions concerning the following informa- tlon'for the proposed I site and suitable alter- native location(s), in- cluding but not limited to: a. Fair market value of Iproperty.' b.•Estimate of the cost of the proposed demo Iltion, including haz- ardous material remov- al and remediation. c. Fair market value of 1 any property owned by the governmental body that could be sold if that'site is not chosen for the project. I d. Property tax impact i of removing private '. property from the taX rolls at the proposed location and all alter- native locations. e: Any other factors that contribute to mak- ing one location more. ' suitable than others for 1 the proposed use. f. Any other informa-' tion appropriate • to evaluating how.all con -1 flitting governmental' ' interests may be ac -1 commodated. g. The need for the I use In question, the ef- 1 fect on . neighboring property, and•the envi i • ronmental impact of the proposed use. H. Action: If the.com mission fails to take!. action to approve, de -1 ny or withhold action on the „application I within the ninety (90) I i day period, or such ex- tension as • requested 1 by .the applicant, the building official will is- ' sue the permit forth- ' , with. ' Section 2. This Ordi- nance takes effect upon publication. Passed, approved, and adopted the 17th day of March, 2014. • /s/Roy D. Bug!, Mayor 1 Attest: /s/Kevin S, • Firnstahl, City Clerk Published officially in the Telegraph Herald Newspaper on the 21st day of March, 2014. /s/Kevin S. Firnstahl, 1 CMC, City Clerk 1t 3/21 ' not available, income statements from a cer- tified public account- ant or licensed public accountant on letter- head and signed may', be substituted g. The name of all" mortgagees and the balance of all mortgag- experience in rehablll- ' es or other financing tation as to the struc- ' Secured and bannual tehe r per-', tura) Integrity of the ty structure(s) that the ,', service, if any, for the l applicant proposes to previous two (2) years. I demolish., Debt service Is the c. The appraised val- amount of principle 1 ue of the property by a and interest payments1 1 licensed' appraiser for Paid annually on the the following condi- property. I tions: h. All appppraisals ob- (1) in the .property's , tained within the previ- current condition; ous two (2) years by the owner or applicant In connection with the purchase, financing and ownership of the property. I. Any listing of the property for sale or rent, the price asked and offers received for (2) After completion of the proposed demo- lition; (3) After rehabilita- tion of . the existing property for continued use by providing sales for the previous six (6) months for at least within historic dis-. by the housing and tracts, and structures in community develop - conservations districts ment department, and is prohibited 'unless, make a determination upon application and as to the following: after hearing, the com- a. Whether the build - mission issues a certifi- ing proposed for demo- cate of appropriate- Iltion has historic or ar- ness or a certificate of economic nonviability pursuant to this sec- tion. B. Demolition By Ne- glect Prohibited: The owner of a building or structure in any histor- ic or conservation dis- trict, or of a landmark or landmark site, or in- dividually designated historic property must keep in good repair all the exterior portions of such buildings or struc- tures, and all interior portions thereof whose maintenance is neces- sary to prevent deteri- oration and decay of any exterior portion and comply with alt other provisions of law requiring property and Improvements to, be kept in good repair. The owner must repair the building or struc- ture to correct any of the following defects as determined by the city building official:. D. Review Of Demoli- tion Permits: Upon re- ceiving an application for a demolition permit for any building sub- ject to this section, the building official must whether the denial of immediately notify the the application : would planning services de- partment of such appli prevent the state or catioIf thlica- the political subdivi- n. ea erty inventory and any such rehabilitation, property, whether sole subsequent official and the same for at proprietorship, for architectural/historical 'least three (3) compa- profit or not for profit surveys/evaluations rable properties to I 1 corporation, limited and nominations to the substantiate the infor partnership, Joint ven- national register of his mation provided- for: ' tune or other. toric places prepared the property in ques- m. Any other informa- for any buildings locat- tion. tion considered neces d.'An estimate from sary by the commis- an architect, develop- sion to determine ed within the conserva- chitectural significance tion districts described to the community; and in subsection A of this b. Whether denial of section are also guide - the proposed demoli- lines at such time. tion permit would pre- 2. In determining ' vent the property own-,' whether a building has cost to rehabilitate the er from earning a yea-, 'historic or architectur- building to the point of sonable econoiiir--'re' al significance, the I which a reasonable use turn on the property,commission considers or a reasonable profit 3. If the commission an application for a can be realized from finds that dental of the demolition permit In i the property, Including application would pre- accordance with the but not limited to, vent the property own- standards for review bringing a building up .er from earning a rea- set forth in the secreta -to code so it can be oc- sonable economic re- ry of the Interior's' cupled, not necessarily turn on the property, or "standards for identifi-I its .. highest and best that the building does , cation and evaluation", use", preferred use, or not have any historicaland any subsequent re -a restoration protect, or architectural signifi- visions of these stand e. The amount paid cance to the communl- ards and guidelines by for the property, the ty, the commission will the secretary of thein- date of purchase, and approve the applica- terior. The commission the person from whom tion. also considers•a deter- the property was pur- 4. If - the commissionurination: from the chased,a description finds that denial of the state historical preser of the relationship, if application would notvation office as to the any, If any between the fives, preservation prevent the property potential eligibility for 4 owner of record, the owner from earning a listing of the building grants and other incen ' applicant and the per - listing reasonable economic proposed for : demoli- ' son from whom the tives to allow the appli- return on the property,tion on the national property was pur- cant to earn a reasona- and that the building register of historic pla j chased or is being pur- , ble economic return has historical or arch!- ces. chased, and the' terms from the property. tectural significance to F. Economic Guide- of the purchase or pro- o. Documents detail-, the community, the . lines And Review Crite- posed . purchase, in- • Ing the applicant's ef- commission' cluding financing 'forts in ongoing main- thepermit will deny ria: f. Ifthe,property is in- tenance, and repair. permit application. 1: In determining • come producing,cop- , This may include, but 5. If the applicant is the state of Iowa or a les of the 1040 ached- I is not ilmite Ito, tax political subdivision of whether to approve or 1 ule E or other appropri- 1 statements and/or the state, the city deny the application, ate forms and/l., '. — council -will -also- shake the commission may; schedules filed with r a determination as to consider, the informa- theIRSforthe previous; tion set forth in this i two (2) • years.- Such subsection. The com- forms 'must Include op - mission may also in- eration and malnte-I vestigate strategies nance expenses, de - tion is for any building sion from accomplish- which would allow the 1 preciation deduction with one or more flow ing its governmental property owner to earn beforeand hand anual fter; debt dwelling' units; the functions as follows: ' a reasonable economic service, If Such building 'official must a. If, after weighing return on the property, formse must any. signed the interests, and at- may solicit expert tes- the immediately notify tempting to accommo-simony, and may re- by the current property the housing and com- date all conflicting gov- quire thatthe applicant owner to certify their munity-. development ernmental interests, ' _ - authenticity. If such er, contractor, or ap- In reh bilitati! raiser onlenced as to the whether the property yields or may yield a reasonable • economic I return to the property owner(s). A reasonable economic return is de- fined as the cost to re- habilitate the building to the point at which a reasonable use or a reasonable profit can be realized from the man brierty. nging a buils d- ing up to code to the point at which it can be occupied, not necessa- rily to its "highest and best use", preferred use or a restoration project, n. Proof of the appli- cant's efforts to obtain financing, tax incen- STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: March 21, 2014, and for which the charge is $138.03. Pd, Subscribed to before me a Notary Public in and for Dubuque County, Iowa, � this sa day of a tc,0 , 20 /' . otary Public in and for Dubuque County, Iowa. MARY K, WESTERMEYER Commission Number 154885 qy Comm. Exp, FEB. 1. 2017 Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 27-14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DEVELOPMENT CODE, CHAPTER 10 HISTORIC PRESERVATION COMMISSION APPLICATIONS AND PROCEDURES, SECTION 9 ALTERATION OF LANDMARKS, HISTORIC PROPERTIES AND SITES BY CLARIFYING THE PROCEDURE FOR DISAPPROVAL OF APPLICATIONS AND BY REMOVING ALL REFERENCES TO DEMOLITION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 16-10-9 of the City of Dubuque Code of Ordinances is amended to read as follows: 16-10-9: ALTERATION OF LANDMARKS, HISTORIC PROPERTIES AND SITES: B. Nothing in this chapter may 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. C. An application for a regulated permit or site plan approval must be made to the appropriate city official. The application must state or the appropriate city official will determine whether the proposed work or activity is to be done on a landmark, landmark site, individually designated historic property or on a structure within a historic district. D. If the application demonstrates no material effect as recognized by this chapter, then the city planner may issue a determination of no material effect, which authorizes the proposed work or activity to proceed. If a permit application does not demonstrate compliance with the standards for a determination of no material effect, then an application must be made for commission review of the proposed work; or activity. The application for commission review will be filed in the planning services department. E. Unless otherwise mutually agreed upon by the applicant and the commission, the commission will, within sixty (60) days after submittal of a complete application, review the proposed work or activity to determine whether it complies with the standards specified in this chapter. In the event the commission does not approve or deny an application within sixty (60) days after submittal of a complete application, such application is deemed approved by the commission, unless the applicant has consented to an extension of the sixty (60) day period. The commission will issue a certificate of appropriateness if, after conducting a review of the application, it finds: F. The issuance of a certificate of appropriateness enables the applicant to obtain a regulated permit or site plan approval and to proceed with the proposed work or activity. G. If the commission denies the proposed work or activity, it must state its reasons and transmit to the applicant a written record of its denial. The commission may propose revisions to the applicant's proposal, which, if adopted by the applicant, may cause the commission to reconsider its denial. The applicant may modify the proposed project and resubmit a modified proposal at any time. H. The commission will also issue a certificate of appropriateness, if, after • conducting a review of preservation alternatives, it finds: I. Prior to filing an application for a certificate of economic nonviability, as provided for in subsection J of this section, the applicant must file an application for a review of preservation alternatives. This application documents the applicant's attempts to evaluate and obtain "preservation alternatives", including, but not limited to, financing, tax incentives, preservation grants, restoration alternatives and other incentives sufficient to allow the applicant to earn a reasonable economic return from the property. 1. After a review of the preservation alternatives, the commission approves or denies the proposed project. 2. If the proposed project is approved, the commission issues a certificate of appropriateness. 3. If the commission denies the proposed project, it must state its reasons and transmit to the applicant a written record of its denial. The commission may propose appropriate revisions of the applicant's proposal that, if adopted by the applicant, may cause the commission to reconsider its denial. The applicant may modify the proposed project and resubmit a modified proposal at any time. J. If the commission denies such proposed project after a review of preservation alternatives, it may, upon application or on its own motion, issue a certificate of economic nonviability. 1. Certificate Of Economic Nonviability: Upon application or motion for a certificate of economic nonviability, the commission will schedule a public meeting on that application or motion. 2. Data To Be Provided By Applicant: Before rendering its decision, the commission may solicit expert opinion or require that the applicant for a certificate of economic nonviability submit the following information, including but not limited to: c. Estimated market value of the property in its current condition; after completion of the proposed. construction or alteration; and after any changes recommended by the commission. d. The amount paid for the property, the date of purchase and the person from whom purchased, including a description of the relationship, if any, between the owner of record or the applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer. e. If the property is income producing, the annual gross income from the property for the previous two (2) years. f. 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. g. The remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years. h. All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing . or ownership of the property. i. Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two (2) years. j. The assessed value of the property according to the two (2) most recent assessments. k. The amount of real estate taxes for the previous two (2) years and whether or not they have been paid. I. The form of ownership or operation of the property, whether sole proprietorship, for profit or not for profit corporation, limited partnership, joint venture or other. m. Any other information considered necessary by the commission to make a determination as to whether the property yields or may yield any reasonable economic return to the property owner(s), including, but .not limited to, the income tax bracket of the owner(s) or applicant(s) or of the principal investor(s) in the property. n. Proof of the applicant's efforts to obtain financing, tax incentives, preservation grants and other incentives sufficient to allow the applicant to earn a reasonable and an economic return from the property. o. A showing of the applicant's efforts in ongoing maintenance and repair. 3. Issuance Or Postponement Of Certificate: If the commission, after review of the evidence submitted, finds that denial of the proposed work would prevent the property owner from earning any reasonable economic return from the property, the commission will: a. Immediately issue a certificate of economic nonviability; or b. At its discretion, postpone, for a period not to exceed one hundred eighty (180) days, the issuance of a certificate of economic nonviability. During this time, the commission will investigate strategies for the property owner to earn a reasonable economic return from the property. No regulated permit will be issued during this time unless a certificate of appropriateness has been secured. If, at the end of the one hundred eighty (180) day period, the commission, after a public meeting, finds that the property owner still cannot earn any reasonable economic return from the property, it will issue a certificate of economic nonviability. 4. Denial Of Certificate: If the commission finds, after initial review or after the one hundred eighty (180) day period of postponement, that the property owner has earned or is able to earn a reasonable economic return from the property, then the commission will deny the application for a certificate of economic nonviability. K. The failure of the commission to approve or deny an application for a certificate of appropriateness within sixty (60) days from the date of the filing of the application for a certificate of appropriateness, unless an extension is agreed upon mutually by the applicant and the commission, constitutes approval, unless within such sixty (60) days the commission has made a determination of economic nonviability and has suspended its decision regarding a certificate of economic nonviability pursuant to subsection J3b of this section. L. The certificate of appropriateness expires and becomes null and void unless the regulated permits are secured within sixty (60) days from the date of its issuance. M. All required permits must be secured and work must commence within sixty (60) days from the date of the issuance of the certificate of appropriateness and be completed within such time as the building official determines is reasonable under the circumstances, but not longer than two (2) years after its issuance. The building official may grant, in writing, one (1) or more extensions of time, for periods not to exceed one hundred eighty (180) days each. The extensions must be requested in writing and justifiable cause for the extension must be demonstrated. O. Each determination of no material effect, certificate of appropriateness or certificate of economic nonviability issued under the provisions of this chapter expires and becomes null and void if the work or activity for which the determination of no material effect, certificate of appropriateness or certificate of economic nonviability was issued is not commenced within one (1) year of its issuance. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 17th day of March, 2014. Roy D. Byrd, Mayor Attest: Kevin •. Firnstahl, ity Cler EFFECT OF AMENDMENT 16-10-9: ALTERATION OF LANDMARKS, HISTORIC PROPERTIES AND SITES: B. Nothing in this chapter slmay 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. C. An application for a regulated permit or site plan approval shallmust be made to the appropriate city official. The application shallmust state or the appropriate city official shallwill determine whether the proposed work or activity is to be done on a landmark, landmark site, individually designated historic property or on a structure within a historic district. D. If the application demonstrates no material effect as recognized by this chapter, then the city planner may issue a determination of no material effect, which shallauthorizes the proposed work or activity to proceed. If a permit application does not demonstrate compliance with the standards for a determination of no material effect, then an application must be made for commission review of the proposed work or activity. The application for commission review sha will be filed in the planning services department. E. Unless otherwise mutually agreed upon by the applicant and the commission, the commission shallwill, within sixty (60) days after a -resubmittal of a complete applications determined to be complete, review the proposed work or activity to determine whether it complies with the standards specified in this chapter. In the event the commission does not approve or deny an application within sixty (60) days after submittal of a complete application, such application i,shatl--bo deemed to have receivedapproveda4 by the commission, unless the applicant has consented to an extension of the sixty (60) day period. The commission shallwill issue a certificate of appropriateness if, after conducting a review of the application, it finds: F. The issuance of a certificate of appropriateness shallenables the applicant to obtain a regulated permit or site plan approval and to proceed with the proposed work or activity. G. If the commission denies the proposed work or activity, it challmust state its reasons and sh-alltransmit to the applicant a written record of its disapprovaldenial. The commission may propose revisions to the applicant's proposal, which, if adopted by the applicant, wouldmay cause the commission to reconsider its d-isapprovaldenial. The applicant may makemodifyications to the proposed project and shall have the right toresubmit a modified proposal at any time. H. The commission shallwill also issue a certificate of appropriateness, if, after conducting a review of preservation alternatives, it finds: Prior to filing an application for a certificate of economic nonviability, as provided for in subsection J of this section, the applicant shallmust file an application for a review of preservation alternatives. This application s-halldocuments the applicant's attempts to evaluate and obtain "preservation alternatives", including, but not limited to, financing, tax incentives, preservation grants, restoration alternatives and other incentives sufficient to allow the applicant to earn a reasonable economic return from the property. 1. After a review of the preservation alternatives, the commission sha approves or disapprovedenies the proposed project. 2. If the proposed project is approved, the commission s#a issues a certificate of appropriateness. 3. If the commission d+sappro sdenies the proposed project, it mustshal4 state its reasons and s-h-afltransmit to the applicant a written record of its disapprovaldenial. The commission may propose appropriate revisions of the applicant's proposal that, if adopted by the applicant, wouldmav cause the commission to reconsider its denial. The applicant may makemodifyications to the proposed project and shall have the right toresubmit a modified proposal at any time. J. If the commission denies such proposed project after a review of preservation alternatives, it may, upon application or on its own motion, considerissueing a certificate of economic nonviability. 1. Certificate Of Economic Nonviability: Upon application or motion for a certificate of economic nonviability, the commission sh-aliwill schedule a public meeting on that application or motion. 2. Data To Be Provided By Applicant: Before rendering its decision, ;the commission may solicit expert opinion or require that the applicant for a certificate of economic nonviability mssubmitssionc concerning any or all of the following information, including but not limited tobefore rendering its decision: c. Estimated market value of the property in its current condition; after completion of the proposed construction; or alteration, demolition or removal; and after any changes recommended by the commission; and, in for continued use. d. In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser or other real estate rehabilitation or reuse of the existing structure on the property. ed. The amount paid for the property, the date of purchase and the person from whom purchased, including a description of the relationship, if any, between the owner of record or the applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer. fe. If the property is income producing, the annual gross income from the property for the previous two (2) years. gf. 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. #g. The remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years. +h. All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing or ownership of the property. }i. Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two (2) years. kj. The assessed value of the property according to the two (2) most recent assessments. fk. The amount of real estate taxes for the previous two (2) years and whether or not they have been paid. ia41. The form of ownership or operation of the property, whether sole proprietorship, for profit or not for profit corporation, limited partnership, joint venture or other. Rm. Any other information considered necessary by the commission to make a determination as to whether the property cis -yields or may yield any reasonable economic return to the property owner(s), including, but not limited to, the income tax bracket of the owner(s) or applicant(s) or of the principal investor(s) in the property. on. Proof of the applicant's efforts to obtain financing, tax incentives, preservation grants and other incentives sufficient to allow the applicant to earn a reasonable and an economic return from the property. po. A showing of the applicant's efforts in ongoing maintenance and repair. 3. Issuance Or Postponement Of Certificate: If the commission, after review of the evidence submitted, finds that denial of the proposed work would prevent the property owner from earning any reasonable economic return from the property, the commission shaliwill: a. Immediately issue a certificate of economic nonviability; or b. At its discretion, postpone, for a period not to exceed one hundred eighty (180) days, the issuance of a certificate of economic nonviability. During this time, the commission willshali investigate strategies +cls for the property owner to earn a reasonable economic return from the property. No regulated permit shaliwill be issued during this time unless a certificate of appropriateness has been secured. If, at the end of the one hundred eighty (180) day period, the commission, after a public meeting, finds that the property owner still cannot earn any reasonable economic return from the property, it shaliwill issue a certificate of economic nonviability. 4. Denial Of Certificate: If the commission finds, after initial review or after the one hundred eighty (180) day period of postponement, that the property owner has, in fact, earned or is able to earn a reasonable economic return from the property, then the commission shallwill deny the application for a certificate of economic nonviability. K. The failure of the commission to approve or d+sapprovedenv an application for a certificate of appropriateness within sixty (60) days from the date of the filing of the application for a certificate of appropriateness, unless an extension is agreed upon mutually by the applicant and the commission, c"'" be deemed toconstitutes approval, unless within such sixty (60) days the commission has made a determination of economic nonviability and has suspended its decision regarding a certificate of economic nonviability pursuant to subsection J3b of this section. L. The certificate of appropriateness -shall expires and becomes null and void unless the regulated permits are secured within sixty (60) days from the date of its issuance. M. All required permits shallmust be secured and work mustshafl commence within sixty (60) days from the date of the issuance of the certificate of appropriateness and be completed within such time as the building official shalldetermines is reasonable under all-sfthe circumstances, but not longer than two (2) years after its issuance. The building official is authorized tomay grant, in writing, ones or more extensions of time, for periods not to exceed one hundred eighty (180) days each. The extensions challmust be requested in writing and justifiable cause for the extension must be demonstrated. 0. Each determination of no material effect, certificate of appropriateness or certificate of economic nonviability issued under the provisions of this chapter slexpires and becomes null and void if the work or activity for which the determination of no material effect, certificate of appropriateness or certificate of economic nonviability was issued is not commenced within one (1) year of its issuance. OFFICIAL PUBLICATION n ORDINANCEN0.�37,34 • aP AMENDING CITY OF o DUBUQUE CODE OF c ORDINANCES TITLE n 16 UNIFIED DEVELOP= MENT CODE, CHAP- n TER 10 HISTORIC U PRESERVATION COM'- • m MISSION APPLICA- TIONS AND PROLE- b DURES, SECTION 9. w ALTERATION OF LANDMARKS, HIS- ca TORIC PROPERTIES AND SITES BY CLARI- e FYING' THE PROLE re DURE FOR DISAP- th PROVAL OF APP<LICA- so TIONS AND BY , RE- or MOVING ALL'REFER- • P1 ENCES TO DEMOLI- of TION bi NOW, THEREFORE, 10 BE IT ORDAINED BY cl THE CITY COUNCIL to OF THE CITY OF. DU- • BUQUE, IOWA: Section 1. Section 16- va 10-9 of the City of Du- •its buque Code of Ordi nances is.amended to pr read as follows: or 16-10-9: ALTERATION an OF •LANDMARKS, HIS- me TORIC PROPERTIES mi AND SITES: for B. Nothing in this da chapter may be con- the strued to prevent ordi- our nary maintenance or des repair of anyIand"rriark, tion landmar site ,or strut- twe ture or site within' "a co ! 'historic district where and suph, maintenante';;.or who repair does not involve was a material change of any appearance which ne- betw cessitates issuance of buy a regulated permit or e.1 site plan approval. com C. An applicationfor;a ann. •regulated permit , or from site plan approval must the be made to, the appro- •yea priate city ofFcial. The f• application must state and oor the appropriate city Pens official, will determine t' 0'. whether the proposed prec work or activity is to be and done on'a landmark, befo landmark site, individ- semi ually designated his- the sam toric property or on a g: structure within .a his- ance toric district or o D. If the application cured demonstrates no. mate- and rial 'effect as recog- ice, if nized by this chapter, vious then the cityplanner h• may issue a determina- taine tion of no material ef- ous fect, which authorizes then the proposed work or in eon activity to proceed. If a purch permit application • owner does not dempnstrate erty' compliance with the .1;' A standards for a deter-: - grope urination,of'no material rent, effect, thenb an applica- offers tion mus'be made for within commission review of two the proposed work or j• Th activity:' The applica- of the tion'for commission re- ing to view will be filed in the recent planning services de- k. Th partment estate E. Unless otherwise Previou mutually agreed upon and w by the applicant and they h the commission, the I The commission will, within ship or sixty (60) days after Prope �nichr—if—a opted by t e property, the com- the, 'applicant, may mission will:: cause the commission a. Immediately issue•a torreconsider.its denial. certificate of economic The, ;applicant- 'spay nonviability; or Modify the proposed b. At its discretion, project and resubmit a postpone, for a period modified proposal at not to exceed one hun- any time. dred eighty (180) days, H. The commission the issuance of a cer- will also issue•a•certifi- tificate of economic cate of appropriate- nonviability. During ness, if, after conduct- this time, the commis- ing a review of preser- sion will investigate vation alternatives, it strategies for the prop - finds: erty owner to earn a reasonable economic I. Prior to filing an ap- return from the proper - plication for a certifi- ty. No regulated permit cate of economic will be issued during nonviability, as provid- "this time unless a cer- ed for in subsection J "tificate cif 'appropriate - of this section, the ap- ness has been secured. plicant must file an ap- If, at the end of the one plication for a review hundred eighty (180) of preservation alter- day period, the com- natives. This applica- mission, after a public tion document the ap- meeting, finds that the plicant's attempts to property owner still evaluate and . •obtain cannot earn any rea- "preservation alterna- sonable economic re- tives", including, but turn from the property, not limited to, financ- it will issue a certifi- ing, tax incentives, cate of economic ',preservation grants, nonviability. o alterna- l- tvesa,dotheince- cat If thecommission tives sufficient toallow finds, after initial re - the applicant to earn a view or after the one reasonable economic hundred eighty (180) return from the proper- day period of post- tyL After a review of ponement, that the the preservation alter- earned or�snableh o natives, the commis- earna reasonable eco- sion approves or de- nomic return from the nies the proposed proj- property, then the ect commission will deny 2. if the proposed the application for a project is approved, certificate of economic the commission issues nonviability. a certificate of appro- K. The failure of the pnatenesst commission ta approve 3. If the commission or deny an application denies the proposed for certificate of ap- project, it muststate propriateness within its reasons anot trans- sixty (60) days from mit tothe applicant a the date of the filing of written record of its the application for a denial. The commission certificate .of appropri- re of, unless an ex- ateisns othe ap- tension is agreed upon plicant's proposal that, -mutually: by the appli- if adopted by the appli- cant and the commis - cant, may cause the sion, constitutes ap- commission to recon- prove!, unless within side` ap- such sixty (60)•days Cpl' nom' t may Modify Nap - the the commission has ,--- roposed project and made a determination resubrnit'•a -modified- ,of- economic--nonvia- • proposal at any time. . bility and has suspend - J. •If the commission ed its decision regard - denies such proposed ing a certificate of eco - project after a review nomic nonviability pur- of preservation alter- sCCanitto subsection J3b iv'esi It •'Mar,' Upon ofthis•sectio'n°'' licationa!;or on; its L. The certificate of wn ,motion, issue a appropriateness ex- ertificate of economic pires andbecdmes null onviabrlity and void unless the 1. Certificate Of Eco- regulated permits are omic Nonviability: secured within sixty pon application or (60) days from the date otionrfor a certificate of its issuance: f economic nonvia- M. All required per- ility, the commission mits must be secured ill schedule a. public and work must com- meeting on that appli- mence within sixty (60) tion or motion. days .from the date of 2. Data To Be Provid- the issuance of the cer- d By Applicant: Before tificate •of appropriate- ndering its decision, ness and be completed e commission may '• within such time as the licit expert opinion building official deter - require that the ap- mines is:reasonable leant for a certificate under the: circumstan- litycsubmit theonomic n fol- thanvia- two (2) yeabut not rs longer wing information, in- ter its issuance. The uding but not limited building official may grant, in writing, one> ons c. Estimated market of)t me, forperiods�not Iue of the property in to exceed one hundred current condition; eighty (180) days each. after completion of the The extensions •must oposed construction be requested in writing alteration; and after and justifiable cause y changes recom- for the extension must nded by the' corn- be demonstrated. ssion. d. The amount paid 0. Each determination the property, the of •no material effect, to of purchase and • certificate of appropri- person from whom ateness or certificate rchased, including a of economic nonvia- cription of the rela- bility issued under the ship, if any, be- provisions of this chap - en the owner of re- ter expires and be- dror the applicant comes null. and void' if the ethperson from the work or activity for property which the determine - purchased, and tion of no material ef- terms of financing fect, certificate ofrap- een the seller and propriateness or;certif- er. icate of economic f the property is in- nonviability was issued e producing, the is • not commenced ual gross income within one (1) year of the property for its issuance. previous two (2) Section 2. This Ordi- s.r_ nance takes effect Itemized operating upon publication. maintenance ex- Passed, approved, es for the previous and adopted the 17th (2) years; and de- day of March, 2014. • iation deduction /s/Roy D. Buol, Mayor annual cash flow Attest: /s/Kevin S. re and after debt . Firnstahl, City Clerk ce, if any, during. Published officially in • e period. the Telegraph Herald The remaining bal- Newspaper on the 21st on any mortgage day of March, 2014. Cher financing se- /s/Kevin S. Firnstahl, by the property CMC, City Clerk annual debt serv- 1t 3/21 any, for the pre- tWo (2) years. All appraisals ob- d within the previ- two (2)"` years by caner or applicant nection with the. ase, financing or ship of th,e prop- ny listing bf the rty for sale or price. 'asked and received, if any, (2 ythes previous assessed value property accord - the two (2) most I; assessments.• e amount of real taxes' for the s two (2) years hether or not ave been paid. form of owner - operation of the rty, whether sole submittal of a com- plete application, re- view-- the proposed work or activity to de- termine whether It complies i with • the standards • eclfied In WS ' ehapt In the. event the', �mmisslon does notiprove or deny an ,a plication within;siXt '780) days after s r� al of a compieIlcatlon, such' _ ap.;^ Is deemed' d by thecomntissio , s,less the applicant Gal on- sented tO at) a tension. pf the si t(r (60) day per od. Tile commis- sion will Issue a certifi- cate of appropriate- ness Ifr.'after conduct - Ing a review of the ap- plication, it finds: F. The issuance of a certificate of appropri- ateness enables the applicant to obtain a regulated permit or site plan approval and to proceed with the proposed work or.ac- tivity. G. If the commission denies the proposed work or activity, It must state its reasons and transmit to the ap- plicant a written re- cord of its denial. The commission may pro- pose revisions to the I applicant's proposal, whichr, if adopted by the applicant, may i cause the `commission to reconsider -Its denial. The - appplicant itjay modify the proposed project and resubmit a modified proposal at any time. H. The commission will also issue a certifi- cate of appropriate- ness, If, after conduct- ing a review of preser- vation alternatives, it finds: 1. Prior to filing an -ap- plication for a certifi- cate of economic r nonvlability, as provld- .I ed for In subsection 1 proprietorship, for pro- fit or not for profit cor- Apr tiofl *Tilted. part- nership, Joint" venture or other. m. Any other informa- tion considered neces- sary by- the commis- sion to make a deter- mination asto whether theproperty yields or may yield any reasona- ble economic return to the property oWner(s), Including, but not limit- ed to, the income tax bracket of• the I owner(s) or appli- cant(s) or of the princi- pal investor(s) In the property. n. Proof of the appli- cant's efforts to obtain financing, tax, Incen- tives, preservation grahts and otiterincen- tives sufficient to allow the, applicant to earn•a reasonable•and an eco- nomic return from the property. o. A showing of the applicant's efforts in ongoing maintenance and repair. 3. Issuance Or Post- ponement Of Certifi- cate: if the commis- sion, after review of the evidence submit- ted, finds that denial of the proposed work would Prevent the property ownerfrom earning any reasonable economic return from the property, the Com- mission will: a. Immediately issue•a certificate of economic nonvlability; or b. At its discretion, postpone, for a period not to exceed one hun- dred eighty (180) days, the i§suance of a cer- tificate of economic nonvlability. During this time, the commis- sion will Investigate strategies for the prop- erty owner to earn a reasonable economic return from the proper- ty. No regulated permit will be issued" during this time unless a cer- tificate df a ronrlate- STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and 'State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: March 21, 2014, and for which the charge is $110.08. S Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this a day of , 20 /7 . otary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm, Fzp. FEB. 1, 2017 Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 28-14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DEVELOPMENT CODE, CHAPTER 10 HISTORIC PRESERVATION COMMISSION APPLICATIONS AND PROCEDURES, SECTION 10 STANDARDS FOR REVIEW BY CLARIFYING DESIGN REVIEW STANDARDS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 16-10-10 of the City of Dubuque Code of Ordinances is amended to read as follows: 16-10-10: STANDARDS FOR DESIGN REVIEW: A. The commission considers each design review on the merits of the individual case, with due deliberation given to each proposed change(s) and its sympathetic relationship to the specific historic setting, architectural or historic significance, extent of previous alteration, use of original materials and quality of design of the existing structure or site. Commission approval of a particular type of alteration or activity does not establish a binding precedent for future commission action, but may constitute an additional factor to be considered in subsequent design reviews involving the same type of alteration or activity. B. The "secretary of interior's standards and guidelines for archaeology and historic preservation", the "secretary of interior's standards and guidelines for the treatment of historic properties", codified as 36 CFR 68, as amended, and the "secretary of the interior's standards for rehabilitation and guidelines for rehabilitating historic buildings", provide the guidelines by which the commission reviews an application for a certificate of appropriateness or certificate of economic nonviability, and any subsequent revisions of these standards and guidelines by the secretary of the interior will be adopted by the commission. C. The commission is also 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. D. The commission considers the factors of architectural style, scale, mass, arrangement, texture, materials, and any other pertinent factors. The proposed work must be appropriate for and must restore, preserve, or enhance features of buildings or structures. The proposed work may not adversely affect the exterior architectural features of the building .or structure, nor may the proposed work adversely affect the character or special historical, architectural or aesthetic value of the property and its setting. The proposed work also must conform to such further standards as may be embodied in the ordinance. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 17th day o March, 2014. D . Roy D. Bu Mayor Attest: EFFECT OF AMENDMENT 16-10-10: STANDARDS FOR DESIGN REVIEW: A. The commission considers each design review on the merits of the individual case, with due deliberation given to each proposed change(s) and its sympathetic relationship to the specific historic setting, architectural or historic significance, extent of previous alteration, use of original materials and quality of design of the existing structure or site. Commission approval of a particular type of alteration or activity does not establish a binding precedent for future commission action, but may constitute an additional factor to be considered in subsequent design reviews involving the same type of alteration or activity. B. The "secretary of interior's standards and guidelines for archaeology and historic preservation", the "secretary of interior's standards and guidelines for the treatment of historic properties", codified as 36 CFR 68, as amended, and the "secretary of the interior's standards for rehabilitation and guidelines for rehabilitating historic buildings", provide the guidelines by which the commission reviews an application for a certificate of appropriateness or certificate of economic nonviability, and any subsequent revisions of these standards and guidelines by the secretary of the interior will be adopted by the commission. C. The commission is also 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. D. The commission considers the factors of architectural style, scale, mass, arrangement, texture, materials, and any other pertinent factors. The proposed work must be appropriate for and must restore, preserve, or enhance features of buildings or structures. The proposed work may not adversely affect the exterior architectural features of the building or structure, nor may the proposed work adversely affect the character or special historical, architectural or aesthetic value of the property and its setting. The proposed work also must conform to such further standards as may be embodied in the ordinance. STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: March 21, 2014, and for which the charge is $32.25. ,3 Subscribed to before me, aotary Public in and for Dubuque County, Iowa, ,20 /, . this day of OFFICIAL PUBLICATION . • ORDINANCE NO.28-14 AMENDING CITY OF DUBUQUE CODE OF; ORDINANCES TITLE 16 UNIFIED. DEVELOP- MENT CODE, CHAP- TER 10 'HISTORIC ; PRESERVATION COM- MISSION APPLICA- TIONS AND PROCE- DURES, SECTION 10 STANDARDS FOR RE-', VIEW BY CLARIFYING DESIGN • REVIEW STANDARDS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- B000E,10WAr Section 1. Section 16- 1 ! 10-10 of the City of Du- buque Code of Ordl- nances is amended to read as follows: ' • Notary Public in and fsr Dubuque County, Iowa. 16-10-10: STANDARDS FOR DESIGN REVIEW: A. The commission considers each design review on the merits of the Individual case, with due deliberation r given to each proposed change(s) and Its sym- pathetic relationship to the specific historic setting, architectural or historic significance, extent of previous al - 1 teration, use of original materials and ,quality of design of the exist - Ing structure or site. I Commission approval of a particular type of alteration or activity does not establish a binding precedent for future commission ac- tion, but may consti- tute an additional fac- tor to be considered in subsequent design re- views Involving the same type of alteration or activity. B. The "secretary of interior's standards and guidelines for ar- chaeology and historic preservation', the ' 'Secretary of interior's standards and guide- lines for the treatment of historic properties", - codified as 36 CFR 68, as amended, and the "secretary of the inte- riors standards for re- j ' habilitation and guide- lines for rehabilitating 1 historic buildings", provide the guldelines y which the commis- sion reviews an .appll- cation for a certificate of appropriateness• or certificate of economic nonviability, and any subsequent revisions of these standards and guidelines by the sec- retary of . the Interior will be adopted by the commission, C. The,commission Is also guided by the "Ar- chitectural Guidelines For Historic 'Structures In The Historic Districts Of The City Of Dubu- que, Iowa'; the Streetscape And Landscape Guidelines For The Historic Dis- tricts Of The City Of Dubuque, Iowa'; and any design standards !.• specified in- the ordi- nance or. amendment designating .the land- mark, landmark site or historic district. D. The commission' considers the factors of architectural style, scale, mass, arrange- ment, texture, materi- els, and any other per- tinent factors. The pro- posed work must be appropriate for and must restore, preserve, or enhance features of buildings or structures. The proposed work may. not adversely af- fect the exterior archi- tecturalfeatures of the ;building. or structure, nor may the proposed work adversely affect-' the character or spe- cial historical, architec- tural or aesthetic value of the property and Its setting. The proposed work also must con- form to such further standards as may be embodied in the ordi- nance. • Section 2. This Ordi- nance takes effect i upon publication. Passed, approved, and adopted the 17th day of March, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in I the telegraph Herald Newspaper on the 21st day of March, 2014. • /s/Kevin S. Firnstahl, CMC, City Clerk 1t 3/21 MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB, 1, 2017 HY. .....Y.23.31.1731-1,7-1.3,9r,-CC,1173,..3r3,,,...91,3g- Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 29-14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DEVELOPMENT CODE, CHAPTER 10 HISTORIC PRESERVATION COMMISSION APPLICATIONS AND PROCEDURES, SECTION 11 REVIEW OF DEMOLITION PERMITS IN CONSERVATION DISTRICTS BY DELETING PROCEDURES FOR REVIEW OF AND APPLICATION FOR DEMOLITION IN CONSERVATION DISTRICTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 16-10-11 of the City of Dubuque Code of Ordinances is amended to read as follows: 16-10-11: CONSERVATION DISTRICTS: A. Application Of Section: The provisions of this section apply to all buildings located in whole or in part within the following described conservation districts: B. Process For Establishment, Expansion Or Alteration Of Conservation District: Any person may request that the city council for establish, expand or alter a conservation district. The process for establishment, expansion or alteration of a conservation district is as follows: 1. A written request for the establishment, expansion or alteration of a conservation district must be submitted to the city clerk. At its next regular meeting following receipt of the request by the city clerk, the city council may approve or deny the request, set the request for consideration at a subsequent meeting, set the request for a public hearing, or refer the request to the commission for a recommendation before voting on the request. 2. At its next regular meeting, if a referral is made to it by the city council, the commission will review the request, and make a recommendation to the city council to approve or deny the request, or to table the request for additional information for a specified period not to exceed sixty (60) days. Failure of the commission to act on the request within the sixty (60) day period, unless the applicant requests and the commission grants an extension of such time, constitutes commission approval thereof. The recommendation of the commission will be transmitted to the city clerk. The city clerk will promptly transmit the recommendation and the application to the city council for its consideration. In determining whether to recommend approval or denial of the request, the commission will consider whether the proposed conservation district, or the expansion or alteration of the district, has historic or architectural significance to the community. 3. At its next regular meeting following receipt of the recommendation of the commission by the city clerk, the city council will approve or deny the request, or refer the nomination back to the commission for modification. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 17th day of March, 2014. i Roy D. Buol/l�llayor Attest: Ke. 'n Firnstahl, Ci Jerk EFFECT OF AMENDMENT 1 16-10-11: REVIEW OF DEMOLITION PERMITS IN CONSERVATION DISTRICTS: 1 A. Application Of Section: The provisions of this section s llapply to all buildings located in whole or in part within the following described conservation districts: properties being acquired and demolished for the Bee Branch Creek restoration project. B. Review Of Demolition Permits In Conservation Districts: Upon receiving an application for a demolition permit for any building subject to this section, the building official shall immediately notify the planning services department of such application. If the application is for any building with one or more dwelling units, the building official shall also immediately notify the housing and community development department. The . _.ea commission at the office of the planning services department by thc application d adlinc established by the commission. If the application is for any building with one or more dwelling units, the planning services department shall provide the filed information to the housing and community development department. application, or table thc application for additional information for a specified period not to exceed ninety (90) days from thc date of application with th„ commission. A failure of the commission to take action on the application within the ninety (90) day period, unless the applicant requests and the commission grants an extension of such time, shall constitute commission approval thereof. 2. The commission shall review all of the information submitted by the applicant and, if the application is for any building with one or more dwelling units, all of the information submitted by the housing and community development department, and shall make a determination as to the following: a. Whether thc building proposed for demolition has historic or b. Whether denial of the proposed demolition permit would prevent the property owner from earning a reasonable economic return on the property. 3. If the commission finds that denial of thc application would prevent thc property owner from earning a reasonable economic return on the property, or community, the commission shall approve the application. /1. If the commission finds that denial of the application would not prevent the property owner from earning a reasonable economic return on the property, and that the building has historical or architectural significance to the community, the commission shall deny the permit application. 5. If the applicant is the state of Iowa or a political subdivision of thc state, thc city council shall atso make a determination as to whether the denial of the application would prevent the state or the political subdivision from accomplishing its governmental functions as follows: a. If, after weighing the interests and attempting to accommodate—a-14 conflicting governmental interests, thc city council finds that denial of the application would prevent the state or the political subdivision from accomplishing its governmental functions, the city council shall approve the application. b. If, after weighing the interests and attempting to accommodates conflicting governmental interests, thc city council finds that denial of the application would not prevent the state or the political subdivision from accomplishing its governmental functions, the city council may deny the application. 6. If the city council denies the application, it shall state its findings in writing and shall transmit a copy of such findings to the applicant. C. Historic And Architectural Significance Guidelines And Review Criteria: 1. The report, "Heritage Of Dubuque" dated March 1974 and filed on record on January 27, 1975, shall be considered as a comprehensive study for thc historical preservation of the city and as one of the guides to be considered at district. The city of Dubuque's historic property inventory and any subsequent official architectural!hictorical surveys/evaluations and nominations to— he considered as guidelines at such time. 2. In determining whether a building has historic or architcctural significancc, thc commission shall consider an application for a demolition permit in accordance with the standards for review set forth in the secretary of thc interior's "standards for identification and evaluation", and any subsequent revisions of these also consider a determination from the state historical preservation office as to the potential eligibility for listing of the building proposed for demolition on the national register of historic places. D. Economic Guidelines And Review Criteria: 1. In determining whether to approve or deny the application, the commission alco invcctigate ctrategies which would allow the property owner to earn a reasonable economic return on the property, may solicit expert testimony, and may require that the applicant make submis✓ions concerning any or all of the following information: a. A bid from a qualified contractor showing the cost of the proposed demolition. b. A report from a licensed engineer, architect or contractor with experience in rehabilitation as to the structural integrity of any structure that the applicant proposes to demolish. c. An opinion of the market value and the appraised value of the property the proposed demolition; 3) after renovation of the existing property for continued use; and '1) all appraisals obtained within the last five (5) years for the property. d. An estimate from an architect, developer, real estate consultant, appraiccr or other r al cctate professional experienced in rehabilitation of _ department and the housing and community development department if the structure contains one or more dwelling units; and 2) to rehabilitate the structure. c. The amount paid for the property, the date of purchase and the person from whom the property was purchased, a description of the relationship, if any, between the owner of record, the applicant and the person from whom the property was purchased, and the terms of the purchase or proposed purchase, including financing. f. If the property is income producing, form 10/10 schedule E or equivalent for the previous two (2) years. g. Itemized operating and maintenance expenses for the previous two (2) years, and the depreciation deduction and annual cash flow before and after debt service, if any, during the same period. h. The name of all mortgagees and the balance of all mortgages or other financing secured by the property and annual debt cervico, if any, for thc previous two (2) years. i. Any listing of the property for sale or rent, the price asked and offerc received, if any, within the previous five (5) years. j. The assessed value of the property for the previous two (2) assessment years. k. The amount of real estate taxes assessed for the previous two (2) I. Any other information considered nccccsary by thc city council to makc a determination as to whether the property does or may yield a reasonable m. A statement of the applicant's efforts to obtain financing, tax incentives, preservation grants and other incentives sufficient to allow the applicant to am a r aconablc economic return from the property in its current n. A statement of the applicant's current maintenance and repair activities. 2. If the application is for any building with one or more dwelling units, the housing and community development department may alco make cubmiccionc concerning any or all of the above information, including strategies which would allow the property owner to earn a reasonable economic return on the property. The commission shall consider such information. E. Guidelines And Review Criteria For Applications By State Or Political Subdivision Of State: 1. In determining whether to approve or deny the application, the commission may consider the information set forth in this subsection and any other information the commission considers relevant to balancing any conflicting governmental interests. 2. The commission may require that the applicant make submissions concerning any or all of the following information for the proposed site and suitable alternative location(s): a. Fair market value of property. b. Estimate of the cost of the proposed demolition, including hazardous material removal and remediation. c. Fair market value of any property owned by the governmental body that could be sold if that site is not chosen for the project. d. Property tax impact of removing private property from the tax rolls at the proposed location and all alternative locations. c. Any othcr factors that contributc to making one location more cuitablc than others for the proposed use. f. Any other information appropriate to evaluating how all conflicting governmental interests may be accommodated. g. The need for the use in question, the effect on neighboring property, F. Action: If the commission fails to take action to approve, deny or withhold action on the application within the ninety (90) day period, or such cxtcncion as requested by the applicant, the building official shall issue the permit forthwith. GB. Process For Establishment, Expansion Or Alteration Of Conservation District: Any person may make arequest tethat the city council for establishment, expandsie-r} or alteration of a conservation district. The process for establishment, expansion or alteration of a conservation district shall be as follows: 1. A written request for the establishment, expansion or alteration of a conservation district musts -la -a-14 be submitted to the city clerk. At its next regular meeting following receipt of the request by the city clerk, the city council may approve or deny the request, set the request for consideration at a subsequent meeting, set the request for a public hearing, or refer the request to the commission for a recommendation before voting on the request. 2. At its next regular meeting, if a referral is made to it by the city council, the commission shall will review the request, and make a recommendation to the city council to approve or deny the request, or to table the request for additional information for a specified period not to exceed sixty (60) days. A-fFailure of the commission to take actio -rt on the request within the sixty (60) day period, unless the applicant requests and the commission grants an extension of such time, shall constitutes commission approval thereof. The recommendation of the commission shall will be transmitted to the city clerk. The city clerk shall will promptly transmit the recommendation and the application to the city council for its consideration. In determining whether to recommend approval or denial of the request, the commission shall will consider whether the proposed conservation district, or the expansion or alteration of the district, has historic or architectural significance to the community. 3. At its next regular meeting following receipt of the recommendation of the commission by the city clerk, the city council shall will approve or deny the request, or refer the nomination back to the commission for modification. H. Demolition By Neglect Prohibited: The owner of a building or structure in any conservation district shall preserve and keep in good repair all of the exterior portions of such buildings and structures and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior portion. This shall be in addition to all other provisions of law requiring property and improvements to be kept in good repair. The owner shall repair the building or structure to corrcct any of the following defects as determined by the building official: 1. Parts which are improperly or inadequately attached so that they may fall and injure persons or property; 2. A deteriorated or inadequate foundation; 3. Defective or deteriorated floor supports or floor supports that are insufficient to carry the loads imposed; 1. Walls, partitions, or other vertical supports that split, lean, list, or buckle due to defect or deterioration or are insufficient to carry the load imposed; 5. Ceilings, roofs, ceiling or roof supports, or other horizontal members which sag, split, or buckle, due to defect or deterioration or are insufficient to support the load imposed; 6. Fireplaces and chimneys which list, bulge, or settle due to defect or deterioration or are of insufficient size or strength to carry the loa-ds imposed; 7. Deteriorated, crumbling, or loose exterior stucco or mortar; 8. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundati-d-n-s, tl. 10. Any default, defect, or condition in the structure which renders it structurally unsafe or not properly watertight; 11. Deterioration of any exterior feature so as to create a hazardous condition which could make demolition necessary for the public safety; 12. Deterioration or removal after the effective date hereof of any unique 13. Deterioration of exterior stairs, porches, his, window and door frame -s, cornices, wall facings, and architectural details that cause instability, loss of shape and form, or crumbling; 1/1. Rotting, holes, and other forms of decay; or 15. Leaving a building or structure open or vulnerable to vanda-lism, decay by the dements, or animal and/or insect infestation. OFFICIAL PUBLICATION ORDINANCE NO 29-14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DEVE4.OP- mENT CODE, CHAP- TER 10 HISTORIC PRESERVATION COM- MISSION ANDA PROLE= DURES, SECTION 11 REVIEW OF DEMOLI- TION PERMITS IN CONSERVATION DIS- TRICTS BY DELETING PROCEDURES FOR REVIEW OF AND AP- PLICATION FOR DEM- OLITION IN CONSER- VATION DISTRICTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. Section 16- 10-11 of the City of Du, buque Code of Ordi- nances Is amended to read as follows: 16-10-11: CONSERVA- TION DISTRICTS: A. Application Of Sec- tion: The provisions of this section apply to all buildings located In whole or in part within the following described conservatlon.districts: B. Process For Estab- lishment, Expansion Or Alteration Of Conserva- tion District: Any per- son may request that the city council for es- tablish, expand or alter a conservation district. The processfor estab- lishment, expansion or alteration of a conser- vation district Is as fol- lows: 1-. A written request for the establishment, expansion or alteration of a conservation dis- trict must be submitted to the city clerk. At Its next regular meeting following receipt of the request by the clty clerk, the city council i may approve or deny. the request, set the re- quest for consideration at a subsequent meet- ing, set the request for a public hearing, or re- fer the request to the commission for a rec- ommendation before voting on the request. 2. At its next regular meeting, if a referral Is made to it by the city i council the commis - ,i Sion will review the re- I 11 quest, and make a rec- ommendation to the city council to approve Iordeny the request, or i to table the request for additional information for • a specified period not to exceed sixty (60) days, Failure of the commission •to acton the: request within the sixty (60). day period, unless the applicant re- quests and the com- mission grants an ex- tension of such time, constitutes commis- sion approval thereof. The recommendation 'of the commission will be transmitted to the i city clerk. The city ' clerk will promptly transmit the recom- mendation and the ap- plication to the city council for its consider- , ation. In determining whether to recommend ' approval or denial of the request, the com- mission. will consider whether the proposed conservation district, or the expansion or -al- teration of the district, has historic or archi- tectural significance to the community, 3. At its next regular meeting following re- ceipt df the recommen- dation of the commis- sion by the city clerk, the city council will ap- prove or deny the re- quest, or refer the nomination back to the commission for modifi- cation. Section 2. This Ordl- nance takes effect upon publication. Passed, approved, , and adopted the 17th I day of March, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Fjrnstahl, City Clerk Published officially in i I the Telegraph Herald newspaper on the 21st !I day of March, 2014. /s/Kevin S. Firnstahl, CMC, City Clerk 1t 3/21 • STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: March 21, 2014, and for which the charge is $31.61. 3'NOLA" Subscribed to before m Notary Public in and for Dubuque County, Iowa, this Sz day of i'J , 201 /Notary Public in and for Du uque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 ": Comm. Exp. FEB. 1, 2017 +owe