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
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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.
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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
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information submitted by the housing and community development department,
and make a determination as to the following:
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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
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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
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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: -`
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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
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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:
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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.
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F .Economic Guidelines And Review Criteria:
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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:
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a. E1 bid from a qualified contractor showing the cost of the proposed _
demolition. -I Formatted: Font (Default) Arial, 12 pt
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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
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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)
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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.
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i. Any listing of the property for sale or rent, the price asked and __
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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.
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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.
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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.
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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.
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- 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.
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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.
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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
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including`, Formatted: Font (Default) Arial, 12 pt
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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
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,d. Property tax impact of removing private property from the tax rolls
at the proposed location and all alternative locations.
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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.
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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.
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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