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Streetscape & Landscape DesignsPlanning Services Department City 50 West 13th Street Dubuque, Iowa 520014864 (563) 589-4210 office (563) 589-2221 fax planning@cityofdubuque.org March 11, 2002 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 RE: Streetscape and Landscape Design Guidelines Dear Mayor and City Council Members: The Historic Preservation Commission, in conjunction with the Historic Design Guidelines Steering Committee, has reviewed and revised the Streetscape and Landscape Design Guidelines for the City's historic districts. The Historic Preservation Commission took your comments from the work session on January 21, 2002 and incorporated them into the Guidelines. By a vote of 6 to 0, the Historic Preservation Commission recommends that the City Council approve the Streetscape and Landscape Design Guidelines for the City's histodc districts. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Terrt Mozena, Chairperson Historic Preservation Commission Attachments Service People Integrity Responsibility lnnovation Teamwork Streetscape and Landscape Guidelines on CD Jeanne has burned a copy of the Streetscape and Landscape Guidelines on your Council CD. The Streetscape and Landscape Guidelines are being presented as a Power Point presentation so you will be able to view them in color. The individual Power Point files represent sections of the Streetscape and Landscape Guidelines. In order to view the following files, you need to open them in power point as a slide show. Open Power Point on your computer Open one of the Power Point files from your CD Click on View on the Menu Bar Click on Slide Show Use the up and down arrow keys to maneuver through the slide show Use the Esc (escape key) to exit the slide show File Name Cover This file contains the cover of the Streetscape and Landscape Guidelines Guidelinelntro This file contains the following: · Intent and purpose · Vision for Histodc Preservation Districts · Long Range Goals · Secretary of the Interior Standards · Methodology · Property Listings · How to Get Started · Resources Glossary of Histodc Preservation Terms Resources Available Selected Reading Funding Resources Local Contacts Histodc Preservation Ordinance Street Tree and Landscape Ordinance (Not on CD, provided in hardcopy form) State and National Resources Cathedral This file contains the. Streetscape and Landscape Guidelines for the Cathedral Histodc Preservation District. Jackson Park This file contains the Streetscape and Landscape Guidelines for the Jackson Park Historic Preservation District. Old Main This file contains the Streetscape and Landscape Guidelines for the Old Main Historic Preservation District. West 11th This file contains the Streetscape and Landscape Guidelines for the West 11th Street Histodc Preservation District. Langworthy This file contains the Streetscape and Landscape Guidelines for the Langworthy Historic Preservation District. 07-09-01 CITY OF DUBUQUE STREET TREE AND LANDSCAPING ON PUBLIC RIGHT-OF-WAY POLICY This policy shall regulate the planting, maintenance, and removal of trees and shrubs in public rights-of-way. I. DEFINITIONS For the purpose of this policy the following terms, phrases, words and their derivations shall have the meaning given herein. 1. City is the City of Dubuque, Iowa. Leisure Services Department is the designated department of the City under whose jurisdiction trees in public rights-of-way fall. City Forester is the qualified designated official assigned to carry out this policy's enforcement. 4. Plantinq lawn is the area between the street (or back of curb) and sidewalk. 5. Street tree is a tree located in the planting lawn. Small trees are designated as those attaining a height of fifteen (15) to thirty- five (35) feet. Medium trees are designated as those attaining a height of thirty-five (35) to forty (40) feet. Large trees are designated as those attaining a height of forty (40) to sixty (60) feet. Undesirable trees are trees not suitable for use as street trees because of one or more of the following characteristics: thorn production, weak branching habit, messy fruit production, disease susceptibility, et cetera. 10. Landscaping is improving the planting lawn or other public right-of-way by planting trees and shrubs for functional and aesthetic purposes. 11. Immediate danger or threat is a tree condition that risks public safety and requires the immediate attention of the City Forester. II. STREET TREE SECTION A. General Requirements No trees are to be planted in any planting lawn which is less than three (3) feet in width. In planting lawns with a minimum of three (3) feet in width, small trees may be planted; in planting lawns with a minimum of four (4) feet in width, medium trees may be planted; and in planting lawns with a minimum of five (5) feet in width, large trees may be planted. Small trees shall be used where overhead lines or building setback present special problems, no matter what the size of the planting lawn. Trees shall be planted at least fifty (50) feet from the edge of street intersections, traffic control lights and stop signs, and at least ten (10) feet from driveways and fifteen (15) feet for alleys. Exact location will be determined according to the type of tree to be planted. No tree shall be planted closer than ten (10) feet from a street light, utility pole, water shut-off, sewer lateral, or other underground utility. Spacing of trees shall be determined by the City Forester according to local conditions, the species, cultivars, or varieties used, and their mature height, spread, and form. Generally, all large trees shall be planted forty (40) to sixty (60) feet apart; all medium trees shall be planted a minimum of thirty-five (35) feet apart; and all small trees shall be planted a minimum of twenty-five (25) feet apart. = Only the Leisure Services Department or those contracted or approved by the Leisure Services Department shall plant, spray, fertilize, preserve, prune, remove, cut above ground, or otherwise disturb any tree located on a public right-of-way. All tree care practices shall conform to the standards approved by the National Arborist Association, the International Society of Arboriculture, and the American National Standard ANSI 2133.1 Safety Requirements. If a property owner or tenant has planted an undesirable tree or after September 15, 1988, plants a tree that does not meet the specifications set forth in this policy, the Leisure Services Department shall notify the property owner or tenant of this policy and ask that the tree be removed. If the tree is not removed by the date established, the City will remove the tree at the City's expense. = a= A City street tree found to be causing or raising problems with sidewalks will be removed by the city, only when it meets predetermined criteria as determined by the City Forester. These criteria are set to prevent the indiscriminant removal of a valuable resource. City street trees will be removed only when one or more of the following criteria are met: · The tree is in a state of decline due to disease or insect pest for which there is no likelihood of a cure. · The tree poses a safety risk that cannot be corrected or where an unreasonable safety risk would be created by the construction process or root pruning. · Where work improvements required to be made around the tree will likely kill the tree or render it a hazard. · Where tree preservation is not cost effective compared to the value to the trees monetary value. · The tree poses an extreme public nuisance because of its species, size, location, fruit & seed drop, limb breakage or other objectionable condition. · The aesthetic value of the tree is extremely Iow or where the tree interferes with the growth and development of a more desirable tree. When a city street tree's roots or root has been found to be causing or raising problems with the sidewalk and the tree's removal is not an option, the sidewalk repair will be made using one of the approved replacement modifications which best corrects the sidewalk anomaly while minimizing harm to the tree. City street trees found to be causing cracking or raising problems for City curbs or streets or causing intersection site problems or non-sidewalk related public safety problems (such as dead or dying trees) shall be removed by the City when it is determined they cannot be saved or branches or roots cannot be pruned properly. The adjacent property owner shall be given a five working days notice by regular U.S. mail that the tree is to be removed and the reasons for such removal. The notice shall include a provision that the adiacent property owner may appeal such removal to the City Manager. Such appeal must be in writinq to the City Manager within the five working day period. This notice and appeal does not apply to a tree posing an immediate danger or threat to public safety, requiring immediate removal. When a tree is removed from a planting lawn, the City shall replace it, provided budget considerations and the specifications of this policy allow. If a property owner wishes a tree planted where one does not exist, the City shall provide 50 percent of the cost to plant the tree, provided budget consideration and the specifications of this policy allow. If the City is unable to fund the replacement, or share the cost of adding a tree, the property owner may finance the purchase of a tree and the Leisure Services Department will plant it. The property owner may plant this tree provided the City Forester has approved the tree type and its location. B= C= 10. When the tree removed is from a planting lawn less than three (3) feet in width, the City may provide and plant a tree beyond the sidewalk on private property (in the front yard) at the request of the property owner (based on site suitability as determined by the City Forester) and if budget considerations allow. Such tree then becomes the property and responsibility of the property owner. 11. When special conditions or cimumstances arise which are not directly covered in this policy, the Leisure Services Department shall make a decision on the course of action to be taken, based upon an evaluation of the situation. 12. The selection of the type of street tree to be planted shall be made by the City Forester, after considering the wishes of the property owner. Types of Trees Allowed This policy contains a listing of small, medium and large trees prepared bythe City Forester for planting as street trees. Undesirable trees shall not be recommended for general planting and their use, if any, shall be restricted to special locations where, because of certain characteristics of adaptability or for landscape effect, they can be used to advantage. Only desirable, long-lived trees of good appearance, beauty, adaptability, and generally free from injurious insects or disease shall be planted as street trees. The City Forester shall review at least once every two (2) years the species, cultivars, and varieties included on the lists to determine if any should be removed for any reason. Planting 1. Size Unless otherwise specified by the City Forester, all small deciduous tree species, and their cultivars or varieties, shall be at least five (5)to six (6) feet or more in height, have six (6) or more branches, and shall be at least one (1) inch in diameter six (6) inches above ground level. All medium and large deciduous tree species and their cultivars and varieties shall be at least one and one-fourth (1 1/4) to one and one- half (1 1/2) inches in diameter six inches above ground level, and at least eight (8) to ten (10) feet in height when planted. The crown shall be in good balance with the trunk. 2. Grade Unless otherwise allowed for specific reasons, all trees shall have comparatively straight trunks, well-developed leaders and tops, and roots characteristic of the species, cultivar or variety showing evidence of proper nursery pruning. All trees must be free of insects, disease, mechanical injury, and other objectionable features at the time of planting, and conform to standards set forth in American Standards for Nursery Stock. D. Pruning and Removal 1. Pruning Topping or dehorning of trees shall not be permitted, except by written permission of the Leisure Services Department. Established trees shall be pruned over the tree's lifetime to allow free passage of pedestrian and vehicular traffic; over time to attain a desired branch height of ten (10) feet over sidewalks and fourteen (14) feet over streets and alleys. A tree's age, size, location, condition and natural form are factors which will determine the extent of pruning. 2. Stump Removal The stumps of trees removed shall be cut to at least six (6) inches below the ground, and soil shall be replaced and the area leveled. If the area where the tree is removed is to be paved, the tree shall be cut or stump removed at least eight (8) inches below the ground. III. LANDSCAPING ON PUBLIC RIGHT-OF-WAY SECTION IV. The above "Street Tree Section Il" does not speak to, permit, or regulate, the planting of groups of trees and shrubs for landscaping purposes on public rights-of- way. This "Section II1" shall govern the planting, maintaining and removal of groups of trees and shrubs on public rights-of-way for landscaping purposes. Landscaping and/or screening required by the City's Zoning Ordinance shall not be placed on City right-of-way. No trees and shrubs shall be planted in the planting lawn or other public right-of-way for landscaping purposes without first obtaining approval of the City Manager. The approval of the City Manager will be in the form of a revocable permit to plant trees and shrubs for landscaping purposes in the public right-of-way. The applicant must agree to plant and maintain the trees and shrubs according to an approved site plan and further agree to be responsible for any and all liability arising from the planting of trees and shrubs on City property. The work must be done by a responsible and insured contractor approved by the City Engineering Division. Requests for such approval shall be made to the City Manager in writing and include a site plan showing the varieties and placement of the trees and shrubs to be planted on City right-of-way and who is to do the work. Trees and shrubs planted on City right-of-way without City approval will be removed by the property owner or tenant after receiving notification from the City. If the trees and shrubs are not removed by the date established, the City will do the removal at the City's expense. STREET CONSTRUCTION SECTION A. Purpose The purpose of this section is to prevent or minimize damage to street trees as a result of street construction activities. This section provides for an administrative procedure to follow when street trees are encountered in street, sewer, water, or utility construction projects. B. Policy 1. Administrative Procedures Street and utility construction activities will, in many cases, cause varying degrees of damage to street trees. For this reason, the City Forester shall act to advise other City Departments and private contractors when street construction activities will be taking place within ten (10) feet of a street tree. The outlined procedures will be followed by all City Departments and contractors working within the public right-of-way: The City Forester shall be used as a technical resource in the design and construction specification writing phase of City construction projects to identify issues and potential problems relating to street trees which could adse from the construction activities. Prior to the construction of a City street or utility construction contract, a project representative will walk the project area with the City Forester to determine what specific procedures should be followed to protect adjacent street trees. These procedures will be incorporated into the project specifications. The City Forester, or appropriate representative, shall be invited to the project pre-construction meeting with the contractor to emphasize the importance of protecting the trees while the work is progressing. The City Forester will attend public meetings and hearings (as needed) on projects where potential damage to street trees has been identified by prior inspection and review. Trees intended for trimming will be identified in the specifications and the public involvement process. The City Forester shall be available when called by the Engineering Division to monitor the progress of the contractor and to advise the City Departments or pdvate contractor if the work is not proceeding according to the adopted specifications relating to tree protection, or if the specifications should be altered during the progress of the work. The City Forester will be available to discuss in greater detail the anticipated effect on the tree, and to answer property owner's questions. For privately contracted work, the contracting authority and the contractor shall be responsible for the protection of street trees pursuant to this policy. 2. Tree Removal City Street trees found to be growing over existing curbs or located too close to the curb such that reconstruction of the curb is not feasible without causing death of the tree, the tree will be removed by the Contractor. In such cases, the adjacent property owner shall be notified as outlined above. Trees removed for construction projects will be replaced as part of the City construction contract at no cost to the property owners if the planting lawn is a minimum of 3 feet wide and meets other established guidelines outlined in this policy. Replacement of removed trees shall be done during normal planting seasons after the construction work has been completed. Construction Practices The construction specifications will outline specific procedures to be followed by the contractor, along with tree damage liabilities, including penalties and costs of damage remediation. Prior to the commencement of construction, City Forestry crew will prune street trees extending over the roadway which could be damaged. Contractors shall notify the City if damage is done beyond the level anticipated, and repairs to trees damaged during construction will be made by the contractor. When trees are damaged or destroyed due to negligence or non-compliance, the contractor shall be required to pay for the necessary cost of repairs, removals, replacements and to reimburse the City for loss of value. Loss of value will be determined by the City Forester, using the most recent edition of The Council of Tree & Landscape Appraisers, Guide for Plant Appraisal. The following specific suggestions will best protect and preserve our street trees, and reduce the chance of liability in the event of their failure. All heavy equipment (other than hand tools) shall be kept off of the planting lawn under the drip line of any tree. The planting lawn will not, to the extent possible, be cut into or disturbed in any way within the trees' drip line. This includes creating setbacks for new curb and gutter, accommodating slip form pavers, reducing the height of the planting lawn or where an alternative exists, trenching or digging for utilities. Curb and gutter removal will be done in such a way as to minimize any damage to the tree's root system or above ground parts. · At no time shall the tracks or tires of the excavator/backhoe or pavement grinder, et cetera, be allowed to ride on the curb or planting lawn within a tree's drip line where it would case damage to the roots, buttress root flair, trunk or crown of the tree, without protective measures in place to protect the tree and avoid soil compaction. · At no time shall construction equipment or materials, including gravel, sand or soil, be stored on the surface of any unpaved area within a protected tree's drip line. · At no time shall chemicals, rinsates or petroleum products be deposited within the drip line of city street trees. · Exposed tree roots shall be protected with mulch and watered following curb and gutter removal if backfilling isn't completed by the end of the same workday. Backfilling should be completed with hand tools to avoid compaction. Only a friable clay loam soil shall be used as a backfill soil. Backfill soil shall be free of rock and other construction debris. · Where possible and specified by the City Forester, orange plastic barrier fencing or snow fence will be erected to protect trees and their root zones. The fencing shall be installed prior to construction and not removed until after final clean up of the construction site. · To Preserve viable root systems and maintain structural stability of a tree, it is required that all underground utility placement or replacement, to the extent possible, be done by bodng or tunneling beneath the root systems of the tree with open cut excavating done only outside of the tree's drip line. · Trenching/Tunneling Near Trees by Dr. James R. Fazio shall be used as a guide by qualified utility workes. · Ifa root must be cut and removed ora damaged root pruned, a clean cut shall be made with a sharp cutting tool. The following sequence shall be used: 1. expose the root by hand using hand tools such as shovel, trowel; 2. make a clean cut with a sharp tool such as a hand pruner or hand saw and in the event of larger roots, a chain saw; (root grinding is not an option); 3. remove root; 4. protect exposed root or backfill. Curb and gutter replacement adjacent to street trees can be made with a slip form paver only if the paver can be accommodated without any additional alterations to the existing planting lawn. Where insufficient room does not exist, the area will be poured using hand set steel forms. Expansion joint or masonite may be necessary for forming around the base of trees where conventional forms will not fit. Non-linier paving (bump outs), skip overs and narrower streets are all options to consider for avoidinq root iniury. · Where sidewalk replacement is necessary, care should be taken to avoid injury to the tree's root system. Sidewalk repairs should be made using one of the approved replacement modifications which best corrects the sidewalk anomaly while minimizinq harm to the tree. Surface roots may be cut when necessary, making clean pruning cuts to a maximum depth just below the finished grade of the new walk. The root system should be cut no further than 5 inches away from the edge of the proposed new walk to accommodate its forms. · At no time shall the planting lawn grade be changed by removing soil or through the addition of soil within the tree's drip line. · When a situation should arise with the potential to cause harm to the tree, which is cleady not addressed by this policy guideline, the engineering department and City Forester shall be consulted to determine the best course of action. Soil Quality Soil to be used as backfill within the right-of-way shall be a friable topsoil. It shall not contain admixtures of subsoil and shall be free of lumps larger than 2" in diameter, stones, plants or their roots and construction matter or debris. Adopted: Revised: Revised: Revised: Revised: October 3, 1988 February 21, 1994 January 11, 1999 April 12, 2000 July 9, 2001 S TREETSCAPE AND GUIDELINES City of Dubuque, Iowa 2002 Prepared for the Historic Preservation Commission City of Dubuque, Iowa by The Durrant Group, Inc. St. Charles, Illinois and Dubuque, Iowa TI-IE CITY OF ~--~ D~ STREETSCAPE AND LANDSCAPE GUIDELINES City of Dubuque, Iowa 2002 TABLE OF CONTENTS NTENT AND PURPOSE VISION FOR DUBUQUE'S HISTORIC PRESERVATION DISTRICTS LONG F;[ANGE GOALS FOR DUBUQUE'S HISTORIC PRESERVATION DISTRICTS SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION METHODOLOGY - USE OF THE GUIDELINES METHODOLOGY - DEFINING THE DISTRICTS PROPERTY LISTINGS BY DISTRICT HOW TO GET STARTED DISTRICT GUIDELINES Cathedral District Jackson Park District Langworthy District Old Main District West Eleventh District TOPICS REVIEWED BY THE GUIDELINES: Setting and Site Driveways, Parking, Paving - Residential Driveways, Parkir~g, Paving- Commercial Grade Changes and Retaining Walls Sidewalks, Walkways, and Curbs Fences and Gates Amenities ~- Residentia RESOURCES Glossary ofH ~storic preservation ~erms Resources Available from the Carnegie-Stout Library Selected Reading Funding ReSources Local ReSources State and National Resources Amenities - Commercial Signs and Graphics Wayfinding Features Street Lighting Yard and Parl~ Features Landsca@!ng Utilities INTENT AND PURPOS STREETSCAPE AND LANDSCAPE GUIDELINES City of Dubuque, Iowa 2002 INTENT AND PURPOSE // This document was developed in coordination with the City of Dubuque, the local Historic Preservation Commission (HPC), the State Historic Preservation Office, and preservation partners rn the community. This document pro~ides suggestions and recommendations for the treatment of exterior landscape and streetscape elements both in public spaces and in private spaces that are visually accessible to the public in the five existing historic districts. The guidelines focus on the retention and replication of features and objects that are unique to the area~and to each distriCt where applicablc for the purpose of protecting, maintaining, and restoring the historic character of the current and potentialhistoric districts. Issues of new construction and renovation are addressed by emphasizing the importance of relating new construction to existing features and streetscapes. Positive and negative visual examples are utilized to provide a clear baseline of acceptable and recommended approaches. The Guidelines are intended to present landscaping and streetscape recommendations to property owners, residents contractors and others, relating to the type of rehabilitation and new construction that may be occurnng in the current locally designated historic districts. Unlike the City's Historic Preservation Ordinance, these design guidelines are not regulations: They are suggestions, and are not mandatory. These also may be used as a reference for rehabilitation and new construction in locations currently not within a designated historic district, and may be expanded in the future to accommodate new historic districts. The City of Dubuque Streetscape and Landscape Guidelines are based on the Secretary of the Interiors Standards for Rehabilitation as they relate to ssues of Site and Setting, and the Secretary of the Interiors Standards for the Treatment of HistOric Properties With Guidelines for the Treatment of Cultural Landscapes. These federally-defined standards provide the framework for the specific guidelines presented here. The Historic Preservation Commission hopes that these design guidelines encourage property owners, businesses, institutions, neighborhood associates and City departments to look for ways to work together and to seek our funding sources to preserve, retain and repair Original historic materials whenever economically feasible. When preservation of these historic featurss is not economically viable, the Commission hope that the guidelines encourage people to search for suitable substitute materials that capture the sense of place that Dubuque's historic districts provide. VISION FOR HISTORIC PRESERVATION DISTRICTS STREETSCAPE AND LANDSCAPE GUIDELINES City of Dubuque, Iowa 2002 VISION FOR DUBUQUE'S HISTORIC PRESERVATION DISTRICTS iii Dubuque's five historic preservation districts encompass over 600-primary and secondary structures of national, State, local and neighborhood significance. The districts exhibit a range of architectural styles that reflect the historic context of the development of Iowa's oldest city. They include densely developed, mixed use, urban environments with commercial storefronts and upper story housing; one-, two-, and multi-family residences; institutional uses; neighborhood parks and publicopen spaces. Within this context, and consistent with the City's historic preservation ordinance, we envision the preservation, restoration and stewardsh ~p of the historical and architectural resources of Dubuque's five historic preservation districts, including: · Promotion of the educational, cultural, economic and general welfare of the community through the protection, enhancement and perpetuation of these districts: · Safeguarding of the city's historic, aesthetic, architectural, and cultural heritage by preserving these districts; · Stabilization and improvement of property values in these districts; · Fostering of civic pride in the legacy of beauty and achievements of the past exemplified by these districts; · Protection and enhancement of the city's attractions to tourists and visitors and the support and stimulus to business these districts provide: · Strengthening of the economy of the city; and · Promotion of the use of these districts'as sites for the education, pleasure and welfare of the people of the city, LONG RANG GOALS- HISTORIC PRESERVATION DISTRICTS STREETSCAPE AND LANDSCAPE GUIDELINES City of Dubuque, Iowa 2002 LONG RANGE GOALS FOR DUBUQUE'S HISTORIC PRESERVATION DISTRICTS iv Long range goals for the planning and development of Dubuque's historic preservation districts are set forth in the Dubuque 2000 Comprehensive Plan, and are listed below for these districts separately and collectively: CATHEDRAL~ JACKSON PARK~ LANGWORTHY AND WEST ELEVENTHSTREET HISTORIC DISTRICTS · Preserve historic and aesthetic character and function of established neighborhoods. CATHEDRAL, JACKSON PARK AND OLD MAIN HISTORIC DISTRICTS · Preserve historic and aesthetic characterland function of established neighborhoods. · Maintain and improve the aesthetic qualities of the City parking system's facilities. ALL HISTORIC DISTRICTS · Encourage neighborhood identity, planning and pride of place. · Encourage clean-up/beautification for the public, private and business sectors. · Protect and preserve the city's historic buildings, urban pattern and natural environment. · Protect and preserve existing open space and parkland to meet the community's needs. · Utilize principles of good design and/or historic preservation in all public prOjects. · Compliment the human scale and historic bulk and mass of existing structures when designing new or redeveloped structures. · Enhance the aesthetics of new and existing development - design, landscaping, parking, signage - with special sensitivity :to the historic character and building materials found inthe community. · Adapt land use controls to fit the various historic development patterns and neighborhoods .that reflect urban, suburban and rural characteristics. · Safeguard ~he cultural and historic resources of the community as critical to the qua!ity of life and the attractiveness of Dubuque. · Promote the prese~ation of historic buildings and architectural resources in the community. ~Educate the community about the benefits of historic preservation to the community!s quality of life, economic development efforts, tourism and tax base enhancement. · Increase appreciation, education, technical assistance and funding I~or the community's historical and architectural heritage. SECRETARY OF INTERIOR STANDARDS STREETSCAPE AND LANDSCAPE GUIDELINES City of Dubuque, Iowa 2002 Secretary of the Interior's Standards for Rehabilitation v The Standards (36 CFR Part 67) apply to historic buildings of all periods, styles, types, materials, and sizes. They apply to both the exterior and the interior of historic buildings.The Standards also encompass related landscape features and the building's site and environment as well as attached, adjacent, or related r~ew construction. The Standards are applied to projects in a reasonable manner, taking into consideration economic and technical feasibility. 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of t#storic materials or alteration of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time. place, and use. Changes that create a false ;sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken~ 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced Where the severity of deterioration require replacement of a distinctive feature, the new feature Shall match the old in design, color, texture, and other visual qualities and. where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken usin~he gentlest means possible. 8. Significant archeological resources affected by a project shall be protected andpreserved. If such resources must be disturbed, mitigation measures Shall be undertaken. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The i)ew work shall be differentiated from the old and shall be compatible with the massing, size, Scale, and architectural features to protect the historic integrity Of the property and its environment, ~ew addition~ and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential ~)rm and integritY o~the historic property and its environment would be unimpaired. METHODOLOGY- US TH GUIDELINES OF STREETSCAPE AND LANDSCAPE GUIDELINES City of Dubuque, Iowa 2002 METHODOLOGY- Use of the Guidelines vi The Guidelines are composed of two components: the Streetscape and Landscapes portion, which addresses the appearance of street and landscaping elements that provide the overall context for the residences and commercial structures in the districts: and the Architectural portion, which addresses the treatments of the specific styles, types and features of the buildings in the historic districts. These two manuals are intended for use together to provide a complete and coordinated set of guidelines for the historic districts and surrounding areas. Property owners will receive a copy of both the Architectural Guidelines and a portion of the Streetscape anc Landscape Guidelines that deals with the historic district in which their property is located Property owners who wish to review the Guidelines for other districts can request a copy from the Historic Preservation Commission. or they can reference the complete sets held by the Historic Preservation Commission, City Planning Services, or the Carnegie-Stout Library. The complete Guidelines also will be posted on the City of Dubuque website in a PDF [ormat for reference, downloading and printing. The Guidelines are intended to be a flexible document that will respond to the changing needs of the City, the historic districts, and the property owners. An annual review of the Guidelines will be performed each May by the Historic Preservation Commission to assess the need for changes and additions. Updates to the Guidelines documents will be posted to the website for access by the public, and at the locations listed above holding complete sets of the documents. METHODOLOGY- DEFINING TH DISTRICTS STREETSCAPE AND LANDSCAPE GUIDELINES City of Dubuque, Iowa 2002 METHODOLOGY- Defining the Districts There are currently five historic districts in the City of Dubuque Jackson Park West 11% Langworthy, CathedraL. and Old Main. The Guidelines wil address each district separately. Although the majority of the recommendations will be similar for each district, this approach was chosen to: · clarify and simplify information for users of the Guidelines, · allow for the recognition and promotion of differences between districts where they exist, JACKSON PAJ~K W, I'~T~ STREE' CATHEDRAL OLD IV~IN · accommodate the expansion or addition of districts to the Guidelines in the future by the insertion of new chapters, and · simplify the process of reviewing and updating of the Guidelines when necessary Historic Districts Map STREETSCAPE AND LANDSCAPE GUIDELINES METHODOLOGY Defining the Districts continued Cathedral District Old Main District Jackson Park District The districts are architecturally diverse, and encompass both residential and commercial architecture, as well as public sites of historic and cultural importance, and public greenscapes. It is the goal of these guidelines to prOvide a comprehensive set of recommendations that can apply to all of the districts, while still promoting the unique characteristics and features of each district, The survey of each district attempted to identify features that were particular to each district thrOugh the examination of ex~sting structures and features, as well as historic photographs of the different districts atYarious points in their history. The intent is not to recreate a specific period of history in each district, but rather to recognize and retain significant existing historic features and to encourage the introduction of compatible and h storically appropriate new materials as necessary n each district. It is necessary, of course, to acknowedge the ex st ng City ordinances regulating construction, sgns and street trees and these documents should be consulted prior to any majoralteration of the streetscape features. Photographs are utilized throughout to provide visual explanations of treatments and conditions that are recommended and not recommended in accordance with the federal standards. In an attempt to provide increased flexibility of options in certain situations however, the Guidelines present different levels of recommendations. Options presented'~ in normal'teXt represent the preferre~option that is in accordance with the Secretary of the Interior's Standards. These options should be used if at all possible. Options marked by an * represent alternatives that are less preferred, but are still acceptable, and should be :discussed with the City of Dubuque Planning Services Department and Historic Preservation Commission. STREETSCAPE AND LANDSCAPE GUIDELINES City of Dubuque, Iowa 2002 METHODOLOGY- Defining the Districts, continued The Streetscape and Landscape Guidelines are intended for use in the five existing historic districts: Jackson Park. West 11t" Street. Langworthy, Cathedral. and Old Main and the surrounding areas. These districts are situated primarily in the historic downtown section of Dubuque reflecting some of the earliest and most architecturally significant growth in the latter half of the nineteenth century through the early twentieth century. Although primarily residential in character, a wide range of architectural styles and types are visible across the historic districts resulting from differences in the dates of construction and primary functions, as well as differences n the cultural and ethnic backgrounds of the property owners and the wide variance ~n socio- economic status of the inhabitants. The result .is a remarkably intact architectural catalogue that documents the history of the development of Dubuque, ranging from standard workers' housing to brick apartment flats to high style mansions and public institutions. While Dubuque was officially platted in 1833 as part of the rush to exploit Dubuque's lead mine. the bulk of the buildings in the historic districts, both commercial and residential, date to the period after 1853 and the resolution of a major land claim dispute. The earliest surviving dwellings are contained in the Irish-American section of the Cathedral District originally known as "Dublin". where many business and working class families settled close to the riverfront industries. The commercial section of Main Street had developed as a thriving business center as early as the 1840s, but many of the brick buildings seen there today are post-Civil War replacements of the onginal structures dating to the 1860s and 1870s. The settlement of the land claim in 1853 sparked a short-lived burst of building in'the Cathedral District. which was quickly ended with the Panic of 1857. Housing construction began again m earnest following the Civil War and continued through the 1900s when manufacturing interests. land speculatior~, and railroads generated new prosperity and personal wealth. Many of the large, high style homes that areso prominent in the Cathedral Jackson Park. and West Eleventh Districts appeared during this time, filling in or redeveloping the remaining plots near downtown and spreading to newly openedlands to the north and west of downtown. 1837 plat of Dubuque Following shifts in taste and demographics, growth continued to expand further away from the original downtown area through the turn of the oentu~The originally isolated high-style homes ~r the Langworthy area were soon joined by multiple examples of the more modest, typically A~'~can styles of the eany twentieth century. Infill and redevelopment througl3out the early twentieth century scattered these newer styles ameng'the older homes as building density increased and larger plots were divided and sold STREETSCAPE AND LANDSCAPE GUIDELINES City of Dubuque, Iowa 2002 METHODOLOGY- Defining the Districts, continued x Jackson Park The redevelopment of Jackson Park from the town cemetery into a large public park during the 1870s spurred the spread of housing-into this area. The Jackson Park historic district is distinctive for the number of large, high-style homes demonstrating a remarkable level of craftsmanship and unusual local variants on national styles designed by local architects. From the 1860s through the 1890s prominent citizens and wealthy industrialists either built their showcase homes conspicuously "on the hill" overlooking the town and River below, or in the desirable "upper,teens" between 10th and 17th Streets. Public institutions serving the nouveau-riches ocated in this area as well. including a considerable number of religious institutions catering to multiple denominations. Characteristics Of this area included high density residential development centered around large, prominent homes, institutional buildings and greenspaces: wide brick paved streets with limestone curbs and Iow retaining walls: secondary structures located at the rear of the property and accessed by alleys; elaborate iron fencing; street trees in the right of way; and park- like landscaping on the larger lots. West l'l~h Street Like the Jackson Park District north of downtown, the West 11th Street district is most notable for the high-profile upper-class residences that were prominently situated "on the hill", .e. on the bluff overlooking the town below. The styles, scale, materials, and location of these homes served as a clear demonstration of the wealth, position, and power of the individuals who could command the resources to construct these homes. Moving west, away from the bluff's edge the housing assumes a more modest character, with smaller scales, smaller lots, and a higher density of development. A wide range of architectural styles and types are represented in the district, including some unusual and eclectic variants of national styles. Characteristics of this area included Iow-density residential development along the bluffs with increased density and smaller homes to the west; massive limestone retaining walls along the bluff with lower versions to the west: decorative wood and iron fencing; and the location of secondary structures to the rear of lots or inserted into the topography. Langworthy Named for the Langworthy family, the members of which were influential in the seffiement and development of both Iowa in general and Dubuque in particular, this residential district has a rambling, suburban Character that is cleady distinct from the more dense urban setting of the districts near the downtown. Edward Langworthy's Octagon House designed by John Rague is the showpiece of.the district, but this district also is notable for its excellent range of typically "American" residential architectural styles from the 1890S through the 1920s, A wide variety of styles ano economic levels are reflected in the mix of smaller bungalows, American Four-squares, and 'l;udors; mixed with the larger and more Showy Classical and MissiOn RevivalS. and Queen Annas. Characteristics of the district include relatively Iow development density with large houses on large lots; wide streets: fewer limestone retaining walls due'to the more level topography; and secondary structures set atthe side or rear of the property and accessed by driveways. STREETSCAPE AND LANDSCAPE GUIDELINES City of Dubuque, Iowa 2002 METHODOLOGY- Defining the Districts, continued xi Cathedral The Cathedral District draws its name and its character from St. Raphael's Cathedral. The massive Gothic Revival structure serves as the centerpiece of the district, and is a clear signifier of the predominantly Irish Catholic immigrant community that settled this area in the 1850 through the 1880s. The district is composed largely of very densely developed worker-class housing onand around the south ene of Bluff Street anc~ Cable Car Square, giving the area a distinctly urban character. Most of the earliest wooden structures have been removed renovated or replaced with more durable dwellings, but the district still retains its defining ~eatures. These include high density development of small structures very closed spaced on small lots and minimal setbacks with little or no fencing or retaining wa~ features (with the exception of the homes on St. Mary's Street). Larger high-style homes and institutional buildings constructed during the 1880s and 1890s infill lots in the northern ene of the district. More recently, many of the homes on Bluff have been converted to commercial usage in and around Cable Car Square. creating a lively mixed-use environment. Old Main Although badly damaged and reduce(~ by urban renewal efforts of the 1970s. the traditional commercial downtown area of Main Street does retain groupings of several important and architecturally significant commercial structures built during the period immediately following the Civil War. Demolition new ~3arking, and redevelopment have ~3roken up the original "street wall" of similarly scaled and styled two- and three.story brick commercial structures that served as the center of commercial and retail activity for Dubuque from the 1840s through the 1960s. The style, scale and settings of the buildings combined with the nature of the activities in this area give the Old Main district a distinctly urban, commercial character that is unique in Dubuq L~e. Some of its defining features include two and three story brick buildings complexly filling their narrow, deep lots; prominent glazed storefronts at the first floor level with residential or rental spaces above: minimal setbacks fronting Onto wide sidewalks and a wide central thoroughfare; little or no landscaping or fencing; interesting ane unusual signage projecting from the storefronts: and rear alleys to provide access for deliveries and refusecollection. PROPERTY LISTINGS BY DISTRICT STREETSCAPE AND LANDSCAPE GUIDELINES City of Dubuque, Iowa 2002 PROPERTY LISTINGS BY DISTRICT STREET RANGE OF ADDRESSES STREET West 1st 199 to 235 (odd) 335to 399 Grove Terrace West 2nd 199, 335 to 399 Hayden Lane West 3rd 199 to 240, 335 to 49§ 1004, 1020, 1027 to 1099Heeb West 4th 150 to 248 (even), 331 to 499 Highland Place West 5rh 320 to 444 Hill West 6th 300 to 399 Iowa West 7~ 300 to 398 (even) Jefferson West 8rh 36 Jones West 9~h 301 to 399 (odd) Langworthy West 10TM 295 to 399 Lincoln West 11th 250 to 695 Locust West 12th 250 to 499, 1240, 1250, 1264 to 1270 West 13tn 50, 100 to 299 Loras Boulevard West 14TM 100 to 399 Madison West 15TM 35 to 399 Main West 16th 44 to 399 Melrose Terrace All West 17th 50 to 399 North Main Alice 1055 to 1077 Olive Alpine 100 to 499 Prairie Arlington 447 to 649 Raymond Place Bluff 39to 699, 701 to 759 (odd), 900 to 999 (odd) Rose Central 720 St. Mary's Chestnut 507 to658 Spruce Copperhead Lane All Walnut Dell 1335 to 1360 West Locust Emmett All Wilbur xii RANGE OF ADDRESSES 970 to 1295 All 1 to 51 1105to 1295 189 to"299 (odd) 1300 to 1699 560 to 687 300 to 399 1040 to 1199 2241 53, 55, 401 to699 (odd), 901 to 999 (odd), 1001 to 1599 100 to 636 1700 to 1759 100 to 399, 405, 1290 to 1759 ' 700 Ko 1759 970 to ,,1080 1136 K0 1349 4OO 705 '715 All 945 to1073 1006 to 1293 300 to 399 490 to 610 HOW TO GET STARTED STREETSCAPE AND LANDSCAPE GUIDELINES City of Dubuque, Iowa 2002 HOW TO GET STARTED xiii Step 1: Review the design guidelines for your specific Historic Preservation District and research historical documentation (photos, surveys, etc.) of your property. This may assist in generating ideas or providing direction for the idea you already have. Step 2: Contact the Planning Services Department to discuss you~ideas with the Historic Preservation Specialist, to obtain the appropriate forms, and to seek historic preservation funding. Step 3: Complete the forms and compile the information you will need to submit along with them. Itis recommended that you retain lhe services of a contractor or design professionaL, if feasible, to assist yo~ in fOrmulating a plan of action (i.e. decide what renovations you want to accomplish, determine how much can you afford to do~ etc.), generating graphics to explain your project (floor plans elevations, details), and completing the required forms. These~individuals can help you compile all of the information required for submission to Planning Services for their review and the possible review of the Historic Preservation Commission. Step 4: Return your completed forms and all required information to the Planning Services Department for their review. If the Historical Preservation Specialist determines that your project will have "no material affect"on your property or meets the standards established by the design guidelines, they may be able to sign 0ffon your project and you can proceed to Step 6. If Planning Services Staff determines that your project will require a review by the Historic Preservation Commission, you will placed on the agenda for an upcoming HPC meeting and will receive a notice via mail of the time and place of said meeting. Step 5: Attend the appropriate HPC meeting and be prepared to explain¥our project to the commissioners. At this meeting, three things may happen The commission may table action until they receiveadditional information, award a certificate of appropriateness or deny your request based on non-conformance with 'the Secretary of the Interior's Standards. If they award the certificate, you may proceed to Step 6. If the commission denies your request, you will need to revise your project, abandon your project or compile information to establish economic non-viability t~or completing your project accerd ng to the Secretary of the Interior's Standards. Step6: Obtain a building permit and hire a competent contractor to complete the approved work. DISTRICT GUIDELINES- CATHEDRAL DISTRICT STREETSCAPE AND LANDSCAPE GUIDELINES City of Dubuque, Iowa 2002 SETTING AND SITE SETTING -The building setting is the area or environment in which an historic property is found. It may be an urban or suburban neighborhood or a natural landscape in which a building has been constructed. The elements of setting, such as the relationship of buildings to one another, property setbacks, fence patterns views, driveways and walkways, together with street trees and other landscaping features create the specific character of a neighborhood or district. Historic photograph at;Fifth Streetand Locust in the Cathedral District, The character of thie area-ih defined by the natural geography of the bluffs. 'n combination With urban features such as uniform setbacks higher density of development, concrete sidewalks, and mature street trees in the right-of way. RECOMMENDED Cathedral C-I .Identify, retain and preserve landscape features that are important in defining the historic character of the setting, such as roads and streets, furnishings and fixtures, natural or topographicfeatures, and key views or vistas. · Retain historic relationship between buildings, between build!ngsand streets, and between buildings and landscape featu res. · Evaluate condition and integrity of existing landscape and streetscape features. Devise plans for repair, maintenance, andlong-term protection of these features. ACCEPTABLE · Removal and replacement of existing historic features with substitute materials that simulate the original in appearance, When replacement in- kind is not economically feasible.* · Removal and replacement of existing historic features with new or common materials, when it is not economically Viable to save and repair originals or to use substitute materials that simulate theoriginal in appearance.* NOT RECOMMENDED · Removal, relocation, or radical alteration of any streetscape or landscape element that contributes;to the historic character of the district. .Failing features throu, or building infill. · Permitting damage or deteriorationof existing featuresthrough inadequate protection or maintenance. :oRemoval and replacementofexisting historic features with new materials, when it is ecoifomically feasible to save and repair originals. · Review with PSD and HPC STREETSCAPE AND LANDSCAPE GUIDELINES City of Dubuque, Iowa 2002 SETTING RECOMMENDED Cathedral C.2 The Fenelon Place Elevator at Fourth Street ~s one of the defining features of the district, and a significant cart of its history and of the history of Dubuque. Although its appearance has been altered somewhat over time, it remains intact and functions today as the centerpiece of Cable Car Square. The Cathedral District is notable for its more "urban" ~baracter, as defined by the i~ of Commercial public ahd residential uses, as well as the higher density of development, resulting in residential version of the "streetwall". These features can bee seen in both the historic (left) and contemporary (right) photos of the W~st s'id~ of Bluff Street. Greenspaces are highly districts. Here Washington Park in:the Cathedral DistriCt has been revived and portions of its original andscaping features restored to their historic appearance, notably the gazebo in the center. STREETSCAPE AND LANDSCAPE GUIDELINES City of Dubuque, Iowa 2002 SETTING NOT RECOMMENDED A combination of insensitive urban renewal, road construction, and ~leferred maintenance have taken their toll on the once dense residential and commercial areas at the southern end of the district Having ost the r histor c context, ht structures do not relate well to their new surroundings, and seem out of place· Contemporary parking lots in the districts generally si ~he loss C~htri~uted to the overalj and Character ofth~ area. The reSUlting ~s t~ negative visual impact~ ~si~ Cathedral C.3 D!C;~ et the bluff basel Itis now the Site of a large parkihg lOt (~[ ieff). STREETSCAPE AND LANDSCAPE GUIDELINES City of Dubuque, Iowa 2002 Cathedral SETTING AND SITE SITE - The landscape surrounding a historic building and contained within an individual parcel of land is considered the building site. The site. including all of its associated features, contributes to the overall character of the proper~y. As a result, the relationship between the building and the landscape features within the site's boundaries should be considered in the overall planning of rehabilitation work. RECOMMENDED C-4 · Identify, retain and preserve landscape features that are important in defining the historic character of the site, such as sidewalks and paths, furnishings, light fixtures, sculpture, water features, natural Or topographiGfeatures, and potential archaeological resources.. · Retain historic relationship between buildings and secondary structures, between buildings and streets, and between buildings and landscape features. ,Evaluate condition and integritY of existing buildings and landscape features. Devise plansfor repair, maintenance, and long-term protection 0fthese features. ACCEPTABLE - *Review with PSD and HPC · Removal and replacement of existir)g historic features with substitute materials that simulate the original in appearance, when replacement in-kind is not economically feasible.* · Removal and replacement of existing historic features with new or common materials, when itisnot economically viable to save and repair originals or to use substitute materials that simulate the original in appearance.* NOT RECOMMENDED · Removal, relOCation, or radical alteration of any building orlandscape elementthat contributes tothe historic character of the site. · Failing to Maintain the historiG relationship of bUildings and landscap~ features through inaPpropi~iate new COnStruction of streets, pathways, parking lots, secondary buildings~ or building infill. · Permitting damage or deterioration.of existing features through inadequate protection or maiiitenance. · Removal and replacement of existing historiC features with new materials, when origin~il~ Can be saved and rePaired. STREETSCAPE AND LANDSCAPE GUIDELINES City of Dubuque, Iowa 2002 SITE RECOMMENDED The relationship of the building fagade to its lot. to the street and tl~e sidewalk, and to its neighbors helps define the nature of the building site. The two photos above show freestanding homes closelysoaced on small lots with small setbacks, Which~is typical of sites in 'this district, A r~istoric photo of the district (rower right) indicates that there was little room on the sites for more than a run of fence along the front of the property, With street trees placed in the right of way. The restoration of those features would have a considerable visual impact on the residential portions of the district. STREETSCAPE AND LANDSCAPE GUIDELINES City of Dubuque, Iowa 2002 Cathedral DRIVEWAYS, PARKING, PAVING - RESIDENTIAL RECOMMENDED The majority of the areas contained within the historic districts were platted n a period that relied on pedestrian trolley, and carnage traffic as the primary means of transportation. Streets were narrow and paved with planks, and later with pavers, if they were paved at all. In the more urban areas of Jackson Park Old Main, and Cathedral districts, housing patterns were dense, and rear alleys provided access to sheds, carriage houses, or garages at the back or side of the property. With the coming of the automobile, these structures were increasingly converted to or replaced by garages. The insertion of driveways, parking areas. and curb cuts in these districts is generally inconsistent with their historic character. Within the districts the traditional paving materials should De saved and restored. The insertion of new curb cuts and parking--both garages and driveways--should be kept to a m~n~mum. C-6 · Preservation of driveways and their original designs, materials, and placements. · Materials for new drives that are consistent with the historic materials, inCluding crushed-limestone aggregate concrete and brick pavers. · Parking areas lOCated near the rear of the property, and screened with landscaping When visible from the street. · Preservation and renovation of historic secondary structures for continued use. · Access to garages from side or rear of property. ACCEPTABLE .Substitute materials that simulate the original in appearance, such as tinted asphalt and stained and/or stamped concrete, or common materials such a plain asphalt.* · As a last resort, new or common materials, such as standard concrete, when it is not economically viable to save and repair originals or to use substitute materials which simulate the original in appearance.* NOT RECOMMENDED · Insertion of new semi-circular or drive-thru drive designs in front yards. · Demolition of an existing secondary structure for the creation of anew garage. · Insertion of a new drive or garage adjacent to br in front of the primary facade 0f the primary structure. ,InSertion of gravel or dirt drives, which violates City 'codes. · Insertion of new drives or parking areas without provision of proper landscape screening from the street(s). *Review with PSD and HPC STREETSCAPE AND LANDSCAPE GUIDELINES City of Dubuque, Iowa 2002 Cathedral DRIVES, PARKING LOTS, PAVING -COMMERCIAL The majority of the areas contained within the historic districts were platted in a period that relied largely on pedestrian, trolley, and carriage traffic as the primary means of transportation. Streets originally were paved with planks, and later with pavers, if they were paved at all In the downtown areas of Old Main West 11th Street. and the southern end of the Cathedral districts, construction patterns were dense and rear alleys provided access to the back of the property. The insertion of prominent driveways, curb cuts. and parking ots in these areas of the district is generally inconsistent with their historic character. Within the districts the traditional paving and materials should be saved and restored, and the insertion of new curb cuts and parking kept to a minimum, C-7 RECOMMENDED · Location of new parking lOts for commercially-used houses, churches, apartments, schools in the rear of the properties. · Screening parking areasat cornerlots with landscaping on both streets. · Aligning new parking areas on vacant lots with the front edge of the adjacent property to allow for a proper landscaping screen. · Preservation and renovation of historic secondary structures for continued use. · Access for delivery from the side or rear of property. · Preservation and repair of brick paving where existing. ACCEPTABLE · Substitute materials that simulate the original in appearance, such as tinted asphalt and Stained and/or stamped concrete, or common materials such a plain asPhalt.* · As a last resort, new or common ~materials, such as standard concrete, when it is not economically viable to save and repair originals or to use substitute materials which simulate the original in appearance.* .NOT RECOMMENDED · Demolition of an existing ~primary or Secondary structUre for the creation of parking areas. the~Primary structure. · Insertion of new drives or parking areas witho0t provision of proper landscape screening from street. ~Review with PSD and HPC STREETSCAPE AND LANDSCAPE GUIDELINES City of Dubuque, Iowa 2002 DRIVEWAYS, PARKING LOTS, PAVING RECOMMENDED Public parking with an adec uate setback. decorative fencing, and appropriate plantings for screening. NOT RECOMMENDED Historic photo showing brick street paving, circa 1917. Contemporary parking lots (at left) in the districts create gaps in the historic architectural fabric that tlave a negative visual impact on the district as a whole. At left the parking lot is prominently located at a corner, it does not respect the setback of the neighboring building, and there is little to blend it into its surrounding or hide it from pubic view with the fencing or landscaping. At right, the large open space of the parking lot interrupts the architectural row. The density necessitates on-street parking for both commercial and residential structures. Garages are generally small and accessed from the rear of the property. Driveways, curb cuts. and visible garage structures in this area are not appropriate. STREETSCAPE AND LANDSCAPE GUIDELINES City of Dubuque, Iowa 2002 Cathedral SIDEWALKS, WALKWAYS, AND CI Sidewalks throughout the Cathedral District were either wood plank in their earliest form, which was later replaced with brick pavers in different patterns, or poured concrete with a crushed limestone aggregate. A historic hexagonal concrete paver was noted in limited quantities in the Langworthy, Old Main and Cathedral Districts. It is currently City policy to remove and replace these materials during new construction, either with broom finish poured concrete or. more recently, stained concrete pavers or stained and stare ped concrete. Preservation and replication of any of the historic masonry materials for sidewalks would be appropriate in the Cathedral District and adjacent neighborhoods and is the recommended treatment. Substitute materials can be considered for issues of cost and cocte compliance, however. Limestone was the traditional curb material throughout the city. As with the sidewalks, it has been City policy to remove and replace these curbs with poured concrete curbs and gutters as they deteriorate, or when they interfere witl~ street or utility repairs. Limestone is recommended for use as a straight curb material in these areas due to its historic presence but alternate materials may be considered for ease of maintenance, reduced cost and increased durability. RBS C-9 RECOMMENDED · Identification and preservation of original historic paving and limestone curbing materials where they survive, particularly in areas where the curbing has a substantial visual impact on the view from the Street. · Materials for new Sidewalks and crosswalks that are consistent with the historic materials, such as brick pavers andcrushed,limestone aggregate concrete. ,Replacement of deteriorated limestone curbs With new limestone. · New sidewalks that restore the historic width of the walkways, where contemporary usages and City codes allow. ACCEPTABLE · Substitute materials that simulate the original paving, such as colored concrete pavers and sram ped and/or stained concrete.* · Substitute materials that simulate the original limestone curbing in color, texture, and shape, such as straight ~urbs of tinted concrete poured with a textured form liner.* · As a last resort, new or common materials, such as standard concrete, when it is not economically viable to save .and repair originals or to use substitute materials which simulate the original in ~ppe~rance.* NOT RECOMMENDED · Removal of historic curbS and gutters withoutan appropriate replacement. · Use of pebble-surface concrete sidewalks. ,USe of asphalt for a paving material on sidewalks. *Review with PSD and HPC STREETSCAPE AND LANDSCAPE GUIDELINES City of Dubuque, Iowa 2002 SIDEWALKS, WALKWAYS, AND CURBS RECOMMENDED iii?! Historic two-tone hexagonal sidewalk pavers and contemporary broom-finished concrete, The latter is visual y incompatible, andis not recommended. Limestone curbs in historic photo. These survive rather sporadically due to the City's reolacement policy. They should be maintained whenever possible ACCEPTABLE ALTERNATES Three;typ~es and patterns bf brick sidewalk paving ~andqimestone aggregate concrete (foreground), Concrete pavers Stamped concrete STREETSCAPE AND LANDSCAPE GUIDELINES City of Dubuque, Iowa 2002 Cathedral GRADE CHANGES AND RETAININ Any addition or removal of ground material on the property is considered to be a change m grade. As a general rule this should be avoided. Such changes generally result in the alteration of the visual character of the property, and also may damage the site and its structures through erosion or improper drainage. Every residential historic district exhibited some form of retaining wal constructed from large, rough-hewn blocks of the local limestone: These retaining walls are characteristic of Dubuque, and the mass~ve examples seen in the Cathedral. Jackson Park, and West 11th Street districts represent one of the city smost distinctive features. Smaller scale versions are common for individual properties, and groups of properties, throughout the districts. As with the curbs and gutters, limestone retaining walls have been replaced in some areas with new poured concrete versionS'. The historicwalls should be retained and repaired where they exist, and new wa~ s should be built With the same finish materials as:the historicwalls: ~ WALLS C-ll GRADE CHANGES RECOMMENDED · Minor changes in grade that will improve drainage of a site, or that will serve to direct moisture away froma structure. · Minor changes in grade for the purpose of Site or landscape improvements or restoration. GRADE CHANGES NOT RECOMMENDED · Changes in grade that obscure or conceal portions of the primary structure. · Changes in grade that may have an adverse effect on the site's structures, or neighboringstructures through the redirection of moisture or storm water. · Changes in grade that have an impact on the character of the streetscape or the relationship of the buildings to their sites. RETAINING WALLS RECOMMENDED · Identifying and preserving historic limestone retaining walls. · Constructing new retaining walls that replicate the size, scale, and materials of the historic limestone walls. RETAINING WALLS ACCEPTABLE · Asa last resort, new or common materials, such as standard concrete, When it is not economically viable to Save and repair originals or to use subStitute materials which simulate the original in appearance.* -RETAINING WALLS NOT RECOMMENDED · Damaging or removing an historic retaining Wall that can be Salvaged or repaired. · Constructing new retaining walls of poured concrete, railroad ties, or standard concrete block. · *Review with PSD and HPC* STREETSCAPE AND LANDSCAPE GUIDELINES City of Dubuque, Iowa 2002 GRADE CHANGES AND RETAINING WALLS RECOMMENDED Historic limestone retaining walls at houses located at the base of the bluffs. Such walls are common in Dubuque, and define its character. Every effort should be made to preserve them. NOT RECOMMENDED A new:retainihg wall on Bluff street recalls the construction of historic examples STREETSCAPE AND LANDSCAPE GUIDELINES City of Dubuque, Iowa 2002 Cathedral FENCES AND GATES Every residential area of the historic districts exhibited some form of Iow historic fences and/or gate. The high density of the residential areas combineci with the complexities of the ocal topography limited fences primarily to large, flat plots, usually those of the larger upper class homes. Elaborate wrought and cast iron examples were common on the larger properties constructed ~n the latter half of the nineteenth century in the Jackson Park, West 11th Street and Cathedral districts. These were often erected atop a limestone retaining wall that served as a base, and several examples survive in good condition. More utilitarian mesh-type fences--precursors to modern chain ink--also are visible in these areas. although they survive less frequently. In the Langworthy and southern Cathedral districts s~mple wooden picket fencing and gates and wooden balustrade style fences were a popular choice for larger homes or groups of properties. After 1945 chain link became a popular fencing option, but this material is incompatible with the historic character of the districts. Original fences should be preserved and repaired where they exist, and new fences should be based upon historic prototypes whenever possible. C-13 RECOMMENDED · Identification and preservation of original cast and wrought iron fences and gates. · Replication and installation of new fences based upon identified historic prototypes. · Replication and installation of different types of historic fences for different exposures, based upon identified prototypes, · New fences that are sensitive to historic precedents in their scale, transparency, color, and materials. · Fences that are in compliance with City codes. · Installation of privacy fences atthe rear of the property only. · Removal of inappropriate chain link or privacy fences. · Installation of the same appropriate material for fences wherever they occur on the property, unless different historicmaterials are extant. · Installation of fences with the decorative face presented to the public way. · Planting of windbreaks or hedgerows to function as a privacy "fence" On primaryfacades, where adequate historic documentation exists. NOT RECOMMENDED · New fences construCted of chain link, horizontal board, Split rails, plastic, concrete block or other solid masonry. · Fences that are not in compliance with City codes. ~Privacy fences that are set forward of the rear wall of the structure, or that are prominently visible from the street(s). STREETSCAPE AND LANDSCAPE GUIDELINES City of Dubuque, Iowa 2002 FENCES AND GATES - Wood RECOMMENDED Cathedral C-14 NOT ~RE¢OMMENDEiD STREETSCAPE AND LANDSCAPE GUIDELINES City of Dubuque, Iowa 2002 FENCES AND GATES - Metal RECOMMENDED STREETSCAPE AND LANDSCAPE GUIDELINES City of Dubuque, Iowa 2002 Cathedra! AMENITIES - RESIDENTIAL A variety of amenities are required in public areas for the convenience of all. Historically these would include items such as benches or other forms of seating, clocks, hitching posts, and street signs. Due to intensive usage and constant exposure to the elements, few of these items survive except in historic photographs. Where historic features survive, they should be preserved and maintained Where evidence for historic features is available an effort should be made to replicate them ir newer, more durable materials that will reduce maintenance and replacement costs. The City has recently installed new strap iron benches ir: public spaces in the downtown area and at Cable Car Square, and they would like to continue the use of this style throughout the historic districts. This style is suitable for public areas in residential and commercial areas of the districts. In the more residential areas of the district it is advisable to consider the introduction of trash and ash receptacles, and possibly planters in residential areas as well for public benefit. To minimize the costs of maintenance and replacement for the City. itis advisable to utilize one or two styles for all features throughout the historic districts and their ileighboring areas. RECOMMENDED C-'16 · Identification and preservation of existing historic features, such as hitching posts, benches or other seating, trash receptacles, etc. that were provided for public use. Damage or flaws may prevent the retention or continued use of these items, but they should be documented and preserved in storage to serve as a guide for new features. · New features based upon historical precedents. These can be executed in contemporary materials and finishes to increase durability. Note that amenities such as benches and signs that are constructed largely or entirely of wood will be more easily damaged and will require regular maintenance. · New features that reference the style of historic features, to establish a unified appearance and general historic character among the public amenities in the historic districts. · Installation of amenities purchased through the City, or through the City's suppliers, for use on private property. · One group or party should be designated for the maintenance of plantings in plantem. NOT RECOMMENDED · Removal or destruction of existing historic features, either deliberately or through deferred maintenance. · Installation of new features that do not reference historical features, or that are not coordinated with the features recommended by the Guidelines; · Benches and waste receptacles composed largely or enfirelyof smooth or pebble- faced concrete or plastic. · Installation of features that do not meet currentCity codes. STREETSCAPE AND LANDSCAPE GUIDELINES City of Dubuque, Iowa 2002 Cathedral AMENITIES - COMMERICIAL A variety of public amenities are required in public areas for the convenience of the public. Historically these would include items such as benches or other forms of seating, trash receptacles, clocks. hitching posts, and street signs. Due to intensive usage and constant exposure to the elements, few of these items survive except in historic photographs. Where historic features survive they should be preserved and maintained. Where evidence for historic features is available, an effort should De made to replicate them in newer, more durable materials that will reduce maintenance and replacement costs. The City has recently installed new strap iron benches in public spaces in the downtown area and at Cable Car Square. and they would like to continue the use of this style throughout the historic districts. This style is suitable for pub!lc areas in residential and commercial areas of the districts. In the more commercial areas of Old Main and south Cathedral district, it is advisable to consider the introduction of trash and ash receptacles, clocks, and poss, ibly planters as well for public benefit. To m nimize the costs of maintenance and replacement for the City, it is advisable to ut lize one ortw0 styles for all features throughout the historic districts and their r~eighb~ring areas. RECOMMENDED C-'17 · Identification and preservation of any existing historic features, such as hitching posts, benches or other seating, etc. that were provided for public use. Damage or flaws may prevent the retention or continued use of these items, but they should be documented and preserved in storage to serve as a guide for new features. · New features based upon hiStorical precedents. These can be executed in contemporary materials and finishes to increase durability. Note that amenities such as benches and signs that are constructed largely or entirely of wood will be more easily damaged and will require regularmaintenance, · New features that reference the style of historic features~ to establish a unified appearance and general historic character among the public amenities in the historic districts. ,One group or party should be designated for the maintenance of plantings in planters. NOT RECOMMENDED · Removal or destruction of existing historic features, either deliberately or through deferred maintenance. · Installation of new features that do not reference ~ historical features, or that.are not coordinated with the features recommended by the Guidelines, · Benches and waste receptacles composed largely ~ or entirely of smooth or pebble-faced Concrete or plastic. · InStallation of features that do not meet current City codes. STREETSCAPE AND LANDSCAPE GUIDELINES City of Dubuque, Iowa 2002 Cathedral SIGNS AND GRAPHICS The commercial areas of the historic districts including all of the Old Main district and the central and southern portion of the Cathedral district near Cable Car Square have exhibited a wide array of signs from the late nineteenth century through the present day, Few examples from the nineteenth century survwe but there is photographic evidence for signs on Main Street throughout the twentieth century. It is desirable that new signs attempt to reference the historic signs of the early twentieth century in is size scale, style, and coloration but substitute materials are acceptable for the purposes of increased durability. Several examples of appropriate signs can be seen in Cable Car Square. Given its age and cultural significance, neon signs from the mid-century are now considered to be historic in their own right. The retention and/or replication of these materials for contemporary use should be evaluated by the Preservation Commission on a case-by-case basis. C-20 RECOMMENDED · All signs should follow regulations outlined in City ordinanCes. · Identification, repair, and preservation of existing signs from the first half of the twentieth century or earlier. · Identification and preservation of signs from the 1950s and 1960s, where appropriate. · Signs constructed of traditional and historic materials such as carved and painted wood, cast bronze, or painted metal. · Signs that replicate or reference historic signs in their style, scale, and materials. · Signs that replicate symbols or Iogos associated with the business, product or trade. · Coordination of sign colors with overall scheme of building exterior. · Placement of signs at traditional locations, such as storefront belt courses, upper facade walls, hanging or mounted inside thewindows, or projecting from the face of the building. NOT RECOMMENDED · RemoVal or destruction of historic Signage either through deliberate action or neglect.. · Signs that are out of scaleWith the building, and with neighboring buildings and signs. · Signs of inappropriate materials, such as plastic or vinyl. olnSrtion or attachment of signs in such a wayas toinflict damage~to the building. · Internally lit signs. 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Hums XlO~.tlUlO~ ore ~o oamuu u.t o.tls.mu o.m l~til suo!lotulsuoo osoql olin sloo.fqo 'som3,on.rls pm sBm. pi!nq moJ,J poqs!n~m, ls!p sV :1oo[q0 'pol*~[sop Xlsno!~md uooq s~q luql lo~s!p u jo oseo otB u[ 'oomm.rpzo ~u[3u~!sop lo!xls!p o¢ ~m. puoum ~2q ~o lo,sip [unp¢!pu[ em ~u.rmu~.tsop ommm. p~o oql u[ poi, om. lop oq i[eqs so!l[&r+o~ l~UO!l[ppu qon$ 'po .r~nboz si. ssouol~[~do~[ddu jo ol~zo[t.rl.[oo ~ t[o~ zoj so!l.tA.tloe i~uo!l!pp]z opnlom' ol popu~dxo oq X13m ,,ooumceodd~ u.t o~trmlo [u[.Iolum,, jo uo.tll, mjop olt~l 'slo.t.rts.tp o.uols.[q I13np.L4.[pu[ I%I (9) 'iuodoad uo I~!Solmu ~oqlo xo ilt, j 'olsm~ ~2tm jo l!sodop oql ~o/4aodosd uo uo.tlu~uoxo 32uV (~) so .'/4xodo.rd oql uo u~!s ~kre jo ootm.moddu so uog~oo[ 'om..s oql m. uo[l~lolIu Xuv (17) ao :uo~!IomoG (E) ~o :uo!lomlsuoooa ao uo.normsuoD (C) ao './a~odo~d oqljo soamuoj immorms ~oqlo ~o uo.tlmlsouoj 'uo!lmr~].juoo 'oz!s ao.umxo ottl m. so§tmqD (I) · polum!s s! 5I:mmptm[ oql tlo.rqax uo sos[taoxd oql 5o md ~u.tlm.tlsuoo ptm su posn =joosoql la-ed zo 'iooimd luomoAo~dm? ~m. llnqu iuu ptm >ixemptre[ u po1L'm!s S! q0.n-I~ UO 'JOO.roql 1.red ~o 'iooaud luomoAo:~dru.t tm ao 'uoBoos s.rtll aoptm re.ts 5I~mupu~I usu pmuu~!sop uooq suq qo.rq~ ptre 'poJ-mooo suq lU0AO o.uols.rq ~ qo!q~ uodn ao 'streo.uomv OA.~UNjo Xaols.rq .~o ~o~s.rtIo~d Otll ~m.~ml m. onI~A [e.tllrelsqns sl! ol onp ootmo[j.ru~.ts oVols!q ao 'oou~o!j.m~.ts ieo.t~olooqo:m o!aols.tq ~o o.ums.tqo~d jo ptmI jo ioo:md KW :~I./S' 2ta19utpu197 limited to, financing, tax credits, tax abatements, preservation grants or other similar incentives. Restoration alternatives include, but are not limited to, different materials, techniques or methods for rehabilitation of historic buildings and structures, or archeological sites. Regulated Permit: An official document or certificate issued by the building official, city engineer or other official of the city pursuant to provisions of the building code or other ordinance or regulation, and which authorized the performance of a specified activity. Repair: Any change which does not require a building permit, and which is not construction, removal or demolition. Scale: In a building or structure, the relationship of the vertical, horizontal and volume measurements; the relationship of the parts to one another within a building, or structure or in comparison to other buildings or structures within that vicinity. Site: The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, mined, or vanished, where the location itself possesses historic, cultural, or archeological value regardless of the value of any existing structure. Examples of sites include: cemetery, designed landscape, habitation site, natural feature having cultural significance, rock carving, rock shelter, ruins, trail or village site. Structure: Anything constructed or erected, the use of which requires a permanent or temporary location on or in the ground, including, but not limited to, the following: earthwork, fences, gazebos, advertising signs, billboards, backstops for tennis courts, radio and television antennas, including supporting towers, and swimming pools. As distinguished from buildings, structures are those functional constructions made usually for purposes other than creating human shelter. (Ord. 18-01, § 1, 3-19-2001) Sec. 25.3. Historic Preservation Commission Established; Membership; Term Of Office; Vacancies In Office: (a) The historic preservation commission is hereby established and shall consist of seven (7) members who shall be residents of the city. (b) Members of the commission shall be appointed by the city council as follows: one resident from each designated historic preservation district, including the districts hereinafter established; and two (2) at large members. Each member shall possess qualifications evidencing expertise or interest in architecture, history, archeology, law, construction or building rehabilitation, city planning or conservation in general. One commission member shall be a licensed architect. (c) The original appointment of the members of the commission shall be as follows: two (2) for one year, two (2) for two (2) years, and three (3) for three (3) years, from July 1 of the year of such appointment or until a successor is named to serve out the unexpired portion of a term of appointment or until a successor is appointed to serve for a term of three (3) years. Members appointed thereafter shall serve three (3) year terms. (d) Vacancies occurring in the commission, other than through expiration of term of office, shall be only for the unexpired portion of the term of the member replaced. Each member shall serve until the appointment of a successor. (e) Members may serve for more than one term. (f) Vacancies shall be filled by the city council in accordance with the requirements set forth above. (g) Members shall serve without compensation. (Ord. 18-01, § 1, 3-19-2001) Sec. 25-4. Election Of Officers; Organization; Rules And Bylaws; Conduct Of Meetings; Record Of Actions; Attendance At Meetings: (a) The commission shall elect from its membership a chairperson and vice chairperson, whose terms of office shall be fixed by bylaws adopted by the commission. The chairperson shall preside over meetings of the commission and shall have the right to vote. The vice chairperson shall, in cases of absence or disability of the chairperson, perform the duties of the chairperson. (b) The city manager shall designate a person to serve as secretary to the commission. The secretary shall keep a record of all resolutions, proceedings and actions of the commission. (c) The commission shall adopt rules or bylaws for the transaction of its business. The bylaws shall provide for, but not be limited to, the time and place of holding regular meetings, the procedure for the calling of special meetings by the chairperson or by at least three (3) members of the commission and quorum requirements. (d) All meetings of the commission shall be subject to Iowa Code chapter 21, the Iowa open meetings act. (e) The commission shall keep a record of its resolutions, proceedings and actions. The records shall be subject to Iowa Code chapter 22, the Iowa public records act. (f) A quorum of the commission shall be required in order to transact business. (g) The affirmative vote of a majority of commission members present at a meeting shall be required for the approval of plans or the adoption of any resolution, motion or other action of the commission. (h) The vote of each member of the commission shall be recorded. (i) A member of the commission shall attend at least two-thirds (2/3) of all scheduled meetings within any consecutive twelve (12) month period. If any member does not attend such prescribed number of meetings it shall constitute grounds for the commission to recommend to the city council that said member be replaced. Attendance of all members shall be entered on the minutes. The commission shall file with the city council a copy of the minutes of each regular and special meeting of the commission within ten (10) working days after each meeting. (Ord. 18-01, § 1, 3-19-2001) Sec. 25-5. Powers And Duties Generally; Procedures For Operations: (a) The general duties and powers of the commission shall be as follows: (1) To promote and conduct educational and interpretive programs on historic properties within its jurisdiction; (2) To develop and adopt specific standards for review and design guidelines, in addition to those set forth in subsection 25-10(a) of this chapter, for the alteration of landmarks, landmark sites or property and structures within historic districts; (3) To adopt its own bylaws; (4) To identify, evaluate, register, manage and protect significant prehistoric and historic archeological sites; (5) To conduct an on-going smwey to identify historically, archaeologically and architecturally sigrdficant properties, structures and areas that exemplify the cultural, social, economic, political, archeological or architectural history of the nation; state or city; (6) To research and recommend to the city council the adoption of ordinances designating areas as having historic, architectural, archeological or cultural value or significance as "historic districts"; (7) To research and recommend to the city council the adoption of ordinances designating properties or structures having historic, architectural, archeological or culturai value or significance as "landmarks" or "landmark sites"; (8) To maintain a register of all properties and structures which have been designated as landmarks, landmark sites or historic districts, including all information required for each designation; (9) To assist and encourage the nomination of landmarks, landmark sites and historic districts to the national register of historic places, and review and comment at a public hearing on any national register nomination submitted to the commission upon the request of the mayor, city council or the state bureau of historic preservation; (10) To confer recognition upon the owners of landmarks or of property or structures within historic districts; (11) To review in-progress or completed work to determine compliance with specific certificates of appropriateness or certificates of economic nonviability; and (12) To serve as an advisory design review body to the city council for review of public works projects which have historic preservation implications in historic districts, or for alteration of landmarks, landmark sites or structures, that would result in a material change in appearance or be visible from the public way. (b) The commission shall be governed by the administrative, personnel, accounting, budgetary and procurement policies ofthe city. (Ord. 18-01, § 1, 3-19-2001) Sec. 25-6. Identification And Designation Of Landmarks, Landmark Sites And Historic Districts: (a) Generally: The commission may conduct studies for the identification and nomination of landmarks, landmark sites 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 shall 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 shall be initiated by a nomination for such designation. A nomination shall be made to the commission on a form prepared by it 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 an historic district for designation, the nominating commissioner shall abstain from voting on the designation. This provision shall not extend to a designation motion presented by a commissioner as part of commission proceedings. (c) Criteria For Consideration Of A Nomination: The commission shall, upon such investigation as it deems necessary, make a determination as to the following: (1) The nominated property, structure, object, site or area: a. Is of"architectural significance", as defmed by this chapter; or b. Is associated with events that have made a significant contribution to the broad patterns of the history of the city of Dubuque, Dubuque County, the state o£Iowa or the nation; or c. Is associated with the lives of persons significant in the past of the city of Dubuque, Dubuque County, the state of Iowa or the nation; or d. Has yielded, or may be likely to yield, information important in prehistory or history; and (2) 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 (3) 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 shall hold a public hearing. Notice that a nomination for designation is being considered and the date, time, place and purpose of the public hearing shall 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, landmark site, or property within the nominated historic district and to the nominator(s). Notice shall also be published in a newspaper having general circulation in the city. The notice shall state the street address and legal description of a nominated landmark or landmark site or the boundaries of a nominated district. (e) Public Hearing: Oral or written testimony concerning the significance ofthe nominated landmark, landmark site or historic district shall be taken at the public hearing fi'om any interested person. The commission may request expert testimony, consider staffreports or present its own evidence regarding the compliance of the nominated landmark, landmark site or historic district with the criteria set forth in subsection (c) of this section. The owner of any nominated landmark, landmark site or of any property within a nominated historic district shall be allowed a reasonable oppommity to present evidence regarding the nomination, shall be afforded the right of representation by counsel and shall be given reasonable opportunity to cross-examine expert witnesses. The hearing shall be closed upon completion of testimony. Determination By The Commission, Recommendation And Report: Within thirty (30) days following the close of the public heating, the commission shall make a determination upon the evidence as to whether the nominated landmark, landmark site or historic district does or does not meet the criteria for designation. Such determination shall be made in an open meeting by resolution of the commission, shall be reduced to writing in the form ora recommendation and shall be supported by a written report in support of the nomination. The commission's recommendation on the nomination of a landmark, landmark site or historic district, and its supporting report, shall be filed with the long-range planning advisory commission, and shall include a proposed ordinance or amendment establishing such landmark, landmark site or historic district and describing its location and boundaries by address and legal description. (g) Action By Long-Range Planning Advisory Commission: Within sixty (60) days after receipt of the commission's recommendation, report and proposed ordinance or amendment, the long-range planning advisory commission shall report to the city council with respect to the relation of the nomination to the general development plan, zoning ordinance, proposed public improvements and any plans for the renewal of the area involved. Upon submission of the report of the long-range planning advisory commission, or upon the expiration of the sixty (60) day period, the matter shall be transmitted to the city council. (h) Ac~onByCi~ Counc~: (1) The city council shall submit the proposed ordinance or amendment to the bureau of historic preservation of the state historical society of Iowa for review and recommendations at least forty five (45) days prior to the date of any public hearing conducted by the city council. Any recommendations made by the bureau of historic preservation shall be made available by the city to the public for hewing during normal working hours at a city government place of public access. (2) Upon receipt of the recommendation and report of the historic preservation commission and the report of the long-range planning advisory commission, and after having received a recommendation from the bureau of historic preservation or if the forty five (45) day waiting period has lapsed since submission of the request for such recommendation, the city council shall conduct a public hearing on the ordinance or amendment establishing the proposed landmark, landmark site or historic preservation district. After public hearing, the city council shall approve or disapprove the ordinance or amendment, or refer the nomination back to the historic preservation commission for modification. A modified nomination shall require compliance with the same procedure for designation as set forth above. (3) City council approval of the ordinance or amendment shall constitute designation of the landmark, landmark site or historic district. (i) 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 same criteria as set forth above for designation. (Ord. 18-01, § 1, 3-19-2001) Sec. 25-6.1. Langworthy Historic Preservation District: The properties hereinafter described are hereby designated as an historic preservation district, according to the provisions of this chapter: All of Lots 1 through 3, inclusive; all of Lot 4 excepting the northerly ten (10) feet thereof, all of the south half of Lot 6; all of Lots 12 through 16, inclusive; and all of Lots 12A through 16A, inclusive; all being in Paulina Langworthy's Addition. The west fifteen (15) feet of lot 4; all of Lot 5, and Lot 6; all being in McCoy Subdivision. All of Lots 1 through 6, inclusively, of Lot 2 and Lot 3; all of Lot 4; and all of Lots 5 through 8, inclusive, excepting the northerly twelve (12) feet of all of them; all being in Mrs. L. A. Langworthy's Addition. All of Lots 1 through 12, inclusive; all of Lots 17 through 21, inclusive; and all of Lots 9 through 53, inclusive; ail being in Julia Langworthy's Addition. Lots 1 through 4, inclusive; Lot 1 of Lot 6; Lots 28 through 32, inclusive; Lot 1 of Lot 1 of Lot 1 of Lot 33; and Lot 1 of Lot 2 of Lot 2 of Lot 33; all being in T. S. Naim's Dubuque Addition. (Ord. 18-01, SS 1, 3-19-2001) Sec. 25-6.2. Old Main Historic Preservation District: The properties hereinafter described are hereby designated as an historic preservation district, according to the provisions of this chapter: Ail of city Lots 1 through 12, inclusive; ail of city Lots 69 through 80, inclusive; and the south sixty-four (64) feet of Lot 1 Block XV of Dubuque Downtown Plaza. (Ord. 18-01, § 1, 3-19-2001) Sec. 25-6.3. Jackson Park Historic Preservation District: The properties hereinafter described are hereby designated as an historic preservation district, according to the provisions of this chapter: Beginning at the intersection of West 17th and Heeb Streets, north aiong Heeb Street to the south line ofM. A. Rebman's Sub.; west aiong said line and the south line of Duncan's Sub. to the west line of Lot 4-C.L. six hundred seventy-four (674) feet; south along said line to the south line of Lot 2-5-C.L. 674; west aiong said line and aiong the south line of Lot 1-5-C.L. 674 to Main Street; west across Main Street and Madison Avenue to the north line of Lot 5-2-C.L. 673; continuing west aiong said line to the west line of said lot; south aiong said line to Dorgan Place; west aiong Dorgan Place to the east line of Lot 1-1A-Dorgan's Sub.; southwest aiong said line and along the east line of Lot 1-1-Dorgan's Sub. and its extension of West 17th Street; first south then in a counterclockwise manner aiong the westerly line of D.N. Cooley's Sub. and its southerly extension to the north line of Lot 1-1-C.L. 667; east aiong said line to the east line of said lot; south aiong said line and the east line of Lot 2-3-C.L. 667 to the south along said line of Lot 2-1-C.L. 667; east along said line to Bluff Street; south aiong Bluff Street to the south line of A.L. Brown's Sub.; west aiong said line to the east line of Lot 769B ofA. McDaniel's Sub.; south aiong said line and the east right-of-way line of Grove Terrace and the east line of Corkery's Sub. to the north line of Lorimer's Sub.; east aiong said line to the east line of Lot 1-1-1 and 11 of Lorimer's Sub.; south aiong said line and its extension to West 9th Street; east aiong West 9th Street to Locust Street; north along Locust Street to West 10th Street; east along West 10th Street to the alley between Locust and Main Streets; north along said alley to West 13th Street; east along West 13th Street to Main Street; south along Main Street to the south line of the north 1/5-C.L. 465; east along said line and its extension to the east line of the west 33 feet, north 1/5-C.L. 460; north along said line to West 13th Street; east along West 13th Street to Iowa Street; north along Iowa Street to West 14th Street; east along West 14th Street to the alley between Iowa Street and Central Avenue; north along said alley to West 17th Street; east along West 17th Street to Heeb Street, the point of beginning. (Ord. 18-01, § 1, 3-19-2001) Sec. 25-6.4. Cathedral Historic Preservation District: The properties hereinafter described are hereby designated as an historic preservation district, according to provisions of this chapter: Beginning at the intersection of Locust Street and West Seventh Street; southwest along West Seventh Street to Bluff Street; northwest along Bluff Street to the northwest line of Lot 5-C.L. 653A; southwest along said line to the southwest line of said lot; southeast along said line to the northwest line of the north fifty (50) feet of Lot 1-1-C.L. 653; southwest along said line to the northeast line of Coriell's Dubuque Sub.; first southeast then in a clockwise manner along said line to West Fifth Street; southeast along West Fifth Street; to the northwest line of the west one hundred seven and five-tenths (107.5) feet-west one hundred seventy (170) feet-C.L. 624; southwest along said line to the northeast line of Cooper Heights Sub; southeast along said line and along the northeast line of Lot 1-1-1-1C.L. 692 to the north right-of-way line of West Fourth Street; southwest along said right-of-way line and along the northwest line of Lot 2-1-1-1-C.L. 692 to Raymond Place; southeast along Raymond Place to the northwest line of Fenelon Point Sub.; first northeast then in a clockwise manner along said line to the southwest line of Lot 1-E. seventy-eight and five-tenths (78.5) feet south one hundred (100) feet-C.L. 692; southeast along said line to West Third Street to the southwest line of Saint Raphael's Add.; southwest along said line to the northwest line of Lot 1-2-C.L. 694; first northeast then in a clockwise manner along said line to the northwesterly most line of Pixler Place; northeast along said line to the west right-of-way line of Bluff Street; southeast across Bluff Street to the northeast line of C.L. 589A; continuing southeast along the northeast line of C.L. 589A and the northeast line of C.L. 589 and the northeast line of the north twenty-one (21) feet-north 1/2 C.L. 572 to Locust Street; northeast along Locust Street to the southwest line of the south fifty (50) feet-C.L. 568; northwest along said line to Bissell Lane; north along Bissell Lane to West Fourth Street; northeast along West Fourth Street to Locust Street; northwest along Locust Street to West Seventh Street, the place of beginning as described herein. (Ord. 18-01, § 1, 3-19-2001) Sec. 25-6.5. West Eleventh Street Historic Preservation District: The properties hereinafter described are hereby designated as an historic preservation district, according to provisions of th/s chapter: Beginning at the intersection of Lores Boulevard and Bluff Street; south along Bluff Street to the south line of A.L. Brown's Sub.; west along said south line to the east line of Lot 769B ofA. McDaniel's Sub.; south along said east line and along the east right-of-way line of Grove Terrace and along the east line of Corkery's Sub. to the north line of Lorimer's Sub.; east along said north line to the east line of Lot 1-1-1-11-Lorimer's Sub; south along said east line and its southerly extension to West 9th Street; west along West 9th Street to the west line of Central Addition; north along said west line to the south line of the east twenty-seven (27) feet-Lot 3-C.L. 703; west along said south line to the west line of said lot; north along said west line to the north line of the west one hundred thirty-nine (139) feet-Lot 3-C.L. 703; west along said north line to the east line of Lot 2-46A-Farley's Sub.; north along said east line to Wilbur Street; west along Wilbur Street to the west line of Lot 2-46A-Farley's Sub.; south along said west line to the south line of Lot 1-46-Farley's Sub.; west along said south line and along the south line of Lot 1-45-Farley's Sub. to the west line of said Lot 1-45; north along said west line to Wilbur Street; west along Wilbur Street to Spruce Street; south along Spruce Street to the south line of Lot 2-43-Farley's Sub.; west along said south line to the east line of the south eighty (80) feet-Lot 37-Farley's Sub.; north along said east line to the north line of said lot; west along said north line to the east line of Lot 38-Farley's Sub.; north along said east line to Jefferson Street; west along Jefferson Street and along the south line of Lot 2-1-1-3-C.L. 738 to the west line of Lot 2-1-1-3-C.L. 738; north along said west line and along the west line of Lot 1-1-1-3-C.L. 738 and along the west line of Lot 2-1-3-C.L. 738 and along the west line of Lot 1-2-1-C.L. 738; to West Eleventh Street; east along West Eleventh Street to the west line of Lot 12 of Cummin's Sub.; north along the west lines of Lots 1 I, 10, 9 and 8 of Cummin's Sub.; north across Race Street; north along the west line of Lot 6 of Cummin's Sub. to Chestnut Street; west along Chestnut Street to the west property line of Lot 8 of Bissell's Dubuque; north along the west property lines of Lots 9, 10, 11, 12, 13, 14 and 15 of Bissell's Dubuque and the E. 150' of Lot 5 of C.L. 740; east along the north line of the E. 150' of Lot 5 of C.L. 740 to Walnut Street; north along Walnut Street to Loras Boulevard; east along Loras Boulevard to Hen/on Street; north along Henion Street to Pickett Street; east along Pickett Street to the east line of Lot 2-7-C.L. 667; south along said east line to the south line of Lot 1-4-C.L. 667; first east line then in a counter-clockwise manner along the southerly lines of Lot 1-4-C.L. 667 and Lot 1-3-C.L. 667 to the west line of Lot 2-1-C.L. 667; south along said west line of the south line o£Lot 2-1-C.L. 667; east along said south line to Bluff Street; south along Bluff'Street to Loras Boulevard, the place of begiuning. (Ord. 18-01, § 1, 3-19-2001) Sec. 25-6.6. William M. Black Landmark: The stmctnre hereinafter described is hereby designated as a landmark, according to the provisions of this chapter: Sidewheeler Dredge William M. Black moored at Inner Levee of the Mississippi River, commonly known as the Ice Harbor. (Ord. 18-01, § 1, 3-19-2001) Sec. 25-6.7. Dubuque City Hall Landmark: The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter: The building situated on the N 2/5 of City Lot 448 and the N 2/5 of City Lot 457, commonly known as 50 West 13th Street. (Ord. 18-01, § 1, 3-19-2001) Sec. 25-6.8. Dubuque County Courthouse Landmark: The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter: The building situated on part of City Lot 286 and City Lots 287 to 288, commonly known as 720 Central Avenue. (Ord. 18-01, § 1, 3-19-2001) Sec. 25-6.9. Dubuque County Jail Landmark: The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter: The building situated on City Lots 284 to 285 and part of City Lot 286, commonly known as 36 West 8th Street. (Ord. 18-01, § 1, 3-19-2001) Sec. 25-6.10. Julien Dubuque Monument Landmark: The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter: The structure situated on Pt. Lot 1, Government Lots 1 and 2, located at term'taus of Monument Drive. (Ord. 18-01, § 1, 3-19-2001) Sec. 25-6.11. Mathias Ham House Landmark: The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter: The building situated on Lot 1 of Lot 531 Ham's Addition, commonly known as 2241 Lincoln Avenue. (Ord. 18-01, § 1, 3-19-2001) Sec. 25-6.12. Shot Tower: The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter: The Shot Tower structure situated on River Front Sub 1, located at terminus of Commercial Street. (Ord. 18-01, § 1, 3-19-2001) Sec. 25-7. Demolition Of Landmarks, Landmark Sites Or Structures In Historic Districts; Demolition By Neglect; Certificate Of Economic Nonviability: (a) Demolition Generally: Demolition of landmarks, landmark sites or structures within historic districts is prohibited unless, upon application and after hearing, the commission issues a certificate of appropriateness or a certificate of economic nonviability pursuant to subsection 25-9(h) of this chapter. (b) Demolition By Neglect £rohibited: The owner of real property in any historic district or ora landmark or landmark site shall preserve and keep from deterioration all buildings and stmctures located on such real property. The owner shall repair the building or structure to correct any of the following defects found by the city's designated enforcement officer: (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; (4) 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 deteriomtiun 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 loads imposed; (7) Deteriorated, crumbling or loose exterior stucco or mortar; (8) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows and doors; (9) Defective or lack of weather protection for exterior wall coverings, foundations or floors, including broken windows and doors; (10) Any default, defect or condition in the structure which renders it structurally unsafe or not properly watertight; (11) Accumulations of weeds, fallen trees or limbs, debris, abandoned vehicles, and other refuse; (12) Deterioration of any exterior feature so as to create a hazardous condition which could make demolition necessary for the public safety; or (13) Deterioration or removal after the effective date hereof of any unique architectural feature which would detract from the original architectural style. (Ord. 18-01, § 1, 3-19-2001) Sec. 25-8. Alteration Of Landmarks, Landmark Sites Or Structures In Historic Districts; Determination Of No Material Effect; Certificate Of Appropriateness; Review Of Preservation Alternatives; Certificate Of Economic Nonviability: (a) After designation of a landmark, landmark site or historic district by the city council, any proposed alteration or activity which will affect a landmark, landmark site or structure or site within any historic district, and for which a regulated permit is required, shall be reviewed by the historic preservation commission; however, nothing in this chapter shall be construed to prevent ordinary maintenance or repair of any landmark, landmark site or structure or site within an historic district where such maintenance or repair does not involve a material change of appearance which necessitates issuance of a "regulated permit" as herein defined. (b) No regulated permit may be issued prior to review by the commission. (c) Upon review, the commission shall have the authority to take the following actions: (1) Authorize The Proposed Project, Determination Of No Material Effect: a. If an application submitted to the commission demonstrates compliance with the "Secretary of Interior's Standards and Guidelines for Archaeology and Historic Preservation", the secretary of interior's "Standards and Guidelines for the Treatment of Historic Properties", and the "Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings", codified as 36 CFR 68, as amended, as established by this chapter and, pursuant to the bylaws adopted by the commission, a determination may be made that such work or activity would: 1. Not result in a material change in appearance; or 2. Not be visible from the public way. b. The city manager or city manager's designee shall make such determination and may issue a determination of no material effect, which shall authorize the proposed work or activity to proceed without a public meeting of the commission. (2) Approve The Proposed Project; Certificate Of Appropriateness: a. The commission shall issue a certificate of appropriateness if, upon application and after conducting a review of the application, it finds: 1. That the property owner or the property owner's representative has established that the proposed alteration or activity complies with the standards for review set forth by this chapter and regulated by the commission and conforms to the purpose and intent of this chapter; and 2. That creating, changing, destroying or affecting the exterior architectural features of the structure, improvement or site upon which the work is to be done will not have a substantial adverse effect on the aesthetic, historic or architectural significance and value of either the property itself or of the neighboring improvements in a district. b. The issuance of a certificate of appropriateness shall enable the applicant to obtain a regulated permit and to proceed with the proposed alteration or activity. (3) Disapprove The Proposed Project; Review Of Preservation Alternatives; Certificate OJ Appropriateness: a. The commission shall issue a certificate of appropriateness, upon application for and after conducting a review of preservation alternatives, if it finds: 1. That the property owner or the property owner's representative has established that the preservation alternatives for the proposed alteration or activity comply with the standards for review set forth by this chapter and regulated by the commission, and conform to the purpose and intent of this chapter; and 2. That creating, changing, destroying or affecting the exterior architectural features of the structure, improvement or site upon which the work is to be done will not have a substantial adverse effect on the aesthetic, historic or architectural significance and value of either the property itself or of the neighboring improvements in a district. b. The issuance of a certificate of appropriateness after a review of preservation alternatives shall enable the applicant to obtain a regulated permit and to proceed ~vith the proposed alteration or activity. (4) Disapprove The Proposed Project; Certificate Of Economic Nonviability: The commission shall issue a certificate of economic nonviability, upon application or upon its own motion, if: a. A review of preservation alternatives has been conducted and a certificate of appropriateness has been denied; and b. The commission determines that disapproval of the proposed work or activity would prevent the property owner from eaming any reasonable economic retttm from the property. In considering whether the property has been prevented from earning any reasonable economic return, the commission shall deny the certificate of nonviability where the inability to earn any reasonable economic return has been created by the property owner's conduct including, but not limited to, neglect of maintenance or absence of bona fide attempts to earn a reasonable economic return. (d) The building official, city engineer or other local authorities shall not issue a regulated permit until there has been a determination of no material effect or a certificate of appropriateness or a certificate of economic nonviability issued. (e) The transfer of a determination of no material effect, certificate of appropriateness or certificate of economic nonviability from one structure, improvement or site to another structure, improvement or site or from one person to another is prohibited. Each determination of no material effect, certificate of appropriateness or certificate of economic nonviability issued under the provisions of this chapter shall expire and become null and void if the alteration, construction, repair, removal, demolition or excavation for which the determination of no material effect, certificate of appropriateness or certificate of economic nonviability was issued is not initiated within one year of its issuance. (Ord. 18-01, § 1, 3-19-2001) Sec. 25-9. Procedure For The Review Of Plans; Application For Certificate Of Appropriateness; Application For Review Of Preservation Alternatives; Application For Certificate Of Economic Nonviability: (a) Application for regulated permit shall be made to the appropriate city official. The application shall state or the appropriate city official shall determine that the proposed alteration, activity or demolition is to be done on a landmark, landmark site or on a structure within an historic district. (b) Upon the filing of such permit application, the appropriate city official shall notify the applicant that the matter must be reviewed by the historic preservation commission before a regulated permit can be issued. (c) If a permit application demonstrates compliance with the provisions for a determination of no material effect as established by this chapter, then the city manager or city manager's designee shall make such determination and may issue a determination of no material effect, which shall authorize the proposed work or activity to proceed without a public meet'rog of the commission. Ifa permit application does not demonstrate compliance with the provisions for a determination of no material effect as established by this chapter, then an application for design review by the commission of the proposed work, activity or demolition must be made by the applicant. Application for commission review shall be filed in the planning services depamnent. (d) Unless otherwise mutually agreed upon by the applicant and the commission, the commission shall meet within twenty one (21) days after the filing of the application for commission review. The commission shall review the proposed project according to the duties and powers specified in this chapter. In reviewing the proposed project, the commission may confer with the applicant or the applicant's authorized representative. The commission may require submission of such additional thawings, sketches, photographs or other exhibits as it deems reasonably necessary for consideration of the application. (e) The commission shall approve or disapprove such plan. (f') If the proposed project is approved, the commission shall issue a certificate of appropriateness. (g) If the commission disapproves such proposed project, it shall state its reasons and shall transmit to the applicant a written record of its disapproval. The commission may propose appropriate revisions of the applicant's proposal which, if adopted, would cause the commission to reconsider its disapproval. The applicant may make modifications to the proposed project and shall have the right to resubmit a modified proposal at any time. (h) Prior to filing an application for a certificate of economic nonviability, as provided for in subsection (i) of this section, the applicant shall file an application for a review of preservation alternatives. This application shall document the applicant's attempts to evaluate and obtain "preservation alternatives" as defined herein, including, but not limited to, fmancing, tax incentives, preservation grants, restoration alternatives and other incentives sufficient to allow the applicant to earn a reasonable economic remm from the property. (1) After a review of the preservation alternatives, the commission shall approve or disapprove such plan. (2) If the proposed project is approved, the commission shall issue a certificate of appropriateness. (i) (3) If the commission disapproves such proposed project, it shall state its reasons and shall transmit to the applicant a written record of its disapproval. The commission may propose appropriate revisions of the applicant's proposal that, if adopted, would cause the commission to reconsider its disapproval. The applicant may make modifications to the proposed project and shall have the right to resubmit a modified proposal at any time. If the commission disapproves such proposed project after a review of preservation alternatives, it may, upon application or on its own motion, consider issuing a certificate of economic nonviability. (1) Certificate Of Economic Nonviability: Upon application or motion for a certificate of economic nonviability, the commission shall schedule a public meeting on that application or motion. (2) Data To Be ProvidedBy The Applicant: The commission may solicit expert testimony or require that the applicant for a certificate of economic nonviability make submissions concerning any or all of the following information before rendering its decision: a. Estimate of the cost of the proposed construction, alteration, demolition or removal and an estimate of any additional cost that would be incurred to comply with the recommendations of the historic preservation commission for changes necessary for the issuance of a certificate of appropriateness; b. A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any structures and their suitability for rehabilitation; c. Estimated market value of the property in its current condition; after completion of the proposed construction, alteration, demolition or removal; after any changes recommended by the commission; and, in the case of a proposed demolition, after renovation of the existing property 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 professional experienced in rehabilitation, as to the economic feasibility of rehabilitation or reuse of the existing structure on the property; e. The mount 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; f. If the property is income-producing, the annual gross income from the property for the previous two (2) years; g. 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; h. The remaining balance on any mortgage or other financing secured by the property and armual debt service, if any, for the previous two (2) years; i. 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; j. Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two (2) years; k. The assessed value of the property according to the two (2) most recent assessments; I. The amount of real estate taxes for the previous two (2) years and whether or not they have been paid; m. 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; n. Any other information considered necessary by the commission to make a determination as to whether the property does yield 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; o. 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; and p. A showing of the applicant's efforts in ongoing maintenance and repair. (3) Determination Of Economic Nonviability: The commission shall review all of the evidence and information required of an applicant for a certificate of economic nonviability; and a. If the commission finds that disapproval of the proposed work would prevent the property owner from earning any reasonable economic return from the property, the commission shall: 1. Immediately issue a certificate of economic nonviability; or 2. 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 shall investigate strategies which would allow the property owner to earn a reasonable economic return from the property. No regulated permit shall be issued during this time unless a certificate of 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 caunot earn any reasonable economic return from the property, it shall issue a certificate of economic nonviability. b. 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 shall deny the application for a certificate of economic nonviability. (j) No regulated permit shall be issued authorizing a material change in appearance of a landmark, landmark site or of a structure or site within an historic district until there is a determination of no material effect or a certificate of appropriateness or a certificate of economic nonviability filed with the building official or the city official authorized to issue the necessary regulated permit. (k) In the event the commission disapproves of a proposed project, the notice of disapproval shall be binding upon the building official, city engineer or other local authority, and no permit shall be issued in such a case. (1) The failure of the commission to approve or disapprove an application for a certificate of appropriateness within sixty (60) days from the date of the filing of an application, unless an extension is agreed upon mutually by the applicant and the commission, shall be deemed to constitute approval, unless within such sixty (60) days the commission has made a determ'mation of economic nonviability and has suspended its decision regarding a certificate of economic nonviability pursuant to subsection (i)(3)a2 of this section. (Ord. 18-01, § 1, 3-19-2001) Sec. 25-10. Standards For Review: (a) The commission shall consider each design review on the merits of the individual case, with due deliberation given to each proposed change(s) and its sympathetic relationship to the specific historic setting, architectural or historic significance, extent of previous alteration, use of original materials and quality of design of the existing structure or site. Commission approval ora particular type of alteratiun or activity shall not establish a binding precedent for furore 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", and the "Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings", codified as 36 CFR 68, as amended, shall provide the guidelines by which the commission shall review 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 shall be adopted by the commission. (c) The commission shall also be guided by any design standards specified in the ordinance or amendment designating the landmark, landmark site or historic district. (Ord. 18-01, § 1, 3-19-2001) Sec. 25-11. Appeals From Commission Action: (a) An aggrieved party may appeal the commission's action to the city council by filing a notice of appeal with the planning services department within thirty (30) days from the date of notice of the commission's action. (b) Upon filing of a notice of appeal, the planning services department shall immediately transmit such notice and the record of the action before the commission to the city clerk. (c) On appeal, the city council shall consider only the record of the action before the commission. No new matter may be considered. (d) The city council shall consider whether the commission has exercised its powers and followed the guidelines established by law and the historic preservation ordinance (this chapter), and whether the commission's action was patently arbitrary or capricious. (e) The city council may at'finn or reverse the commission's action, or may refer the matter back to the commission for such further action as may be appropriate. The city clerk shall give written notice of the city council's decision on appeal within seven (7) days of the city council's decision to the appellant and the historic preservation commission. An appellant who is not satisfied by the decision of the city council may appeal within sixty (60) days of the city council's decision to the district court for Dubuque County, pursuant to Iowa Code section 303.34. (Ord. 18-01, § 1, 3-19-2001) Sec. 25-12. Inspection: (a) After a certificate of appropriateness or certificate of economic nonviability has been issued and a regulated permit granted to the applicant, the building official, city engineer or other local authority may from time to time inspect the work authorized and shall take such action as is necessary to enforce compliance with the approved plans. (b) Historic preservation commissioners may from time to time inspect, from the public way, the work authorized and shall advise the building official or other enforcement authority as necessary to enforce compliance with the approved plans. (Ord. 18-01, § 1, 3-19-2001) Sec. 25-13. Violations; Penalties: It shall be unlawful for any person to disobey, omit, neglect or refuse to comply with any provision of this chapter, and such person shall be subject to the provisions of sections 1-8 and 1-15 through 1-17 of this code. (Ord. 18-01, § 1, 3-19-2001) Orn ;om __.:> Z 07-09-01 CITY OF DUBUQUE STREET TREE AND LANDSCAPING ON PUBLIC RIGHT-OF-WAY POLICY This policy shall regulate the planting, maintenance, and removal of trees and shrubs in public rights-of-way. I. DEFINITIONS For the purpose of this policy the following terms, phrases, words and their derivations shall have the meaning given herein. 1. City is the City of Dubuque, Iowa. 2. Leisure Services Department is the designated department of the City under whose jurisdiction trees in public rights-of-way fall. 3. City Forester is the qualified designated official assigned to carry out this policy's enforcement. 4. Planting lawn is the area between the street (or back of curb) and sidewalk. 5. Street tree is a tree located in the planting lawn. 6. Small trees are designated as those attaining a height of fifteen (15) to thirty- five (35) feet. 7. Medium trees are designated as those attaining a height of thirty-five (35) to forty (40) feet. 8. Large trees are designated as those attaining a height of forty (40) to sixty (60) feet. 9. Undesirable trees are trees not suitable for use as street trees because of one or more of the following characteristics: thorn production, weak branching habit, messy fruit production, disease susceptibility, et cetera. 10. Landscaping is improving the planting lawn or other public right-of-way by planting trees and shrubs for functional and aesthetic purposes. 11. Immediate danger or threat is a tree condition that risks public safety and requires the immediate attention of the City Forester. STREET TREE SECTION II. General Requirements No trees are to be planted in any planting lawn which is less than three (3) feet in width. In planting lawns with a minimum of three (3) feet in width, small trees may be planted; in planting lawns with a minimum of four (4) feet in width, medium trees may be planted; and in planting lawns with a minimum of five (5) feet in width, large trees may be planted. Small trees shall be used where overhead lines or building setback present special problems, no matter what the size of the planting lawn. Trees shall be planted at least fifty (50) feet from the edge of street intersections, traffic control lights and stop signs, and at least ten (10) feet from driveways and fifteen (15) feet for alleys. Exact location will be determined according to the type of tree to be planted. No tree shall be planted closer than ten (10) feet from a street light, utility pole, water shut-off, sewer lateral, or other underground utility. Spacing of trees shall be determined by the City Forester according to local conditions, the species, cultivars, or varieties used, and their mature height, spread, and form. Generally, all large trees shall be planted forty (40) to sixty (60) feet apart; all medium trees shall be planted a minimum of thirty-five (35) feet apart; and all small trees shall be planted a minimum of twenty-five (25) feet apart. Only the Leisure Services Department or those contracted or approved by the Leisure Services Department shall plant, spray, fertilize, preserve, prune, remove, cut above ground, or otherwise disturb any tree located on a public right-of-way. All tree care practices shall conform to the standards approved by the National Arborist Association, the International Society of Arboriculture, and the American National Standard ANSI 2133.1 Safety Requirements. If a property owner or tenant has planted an undesirable tree or after September 15, 1988, plants a tree that does not meet the specifications set forth in this policy, the Leisure Services Department shall notify the property owner or tenant of this policy and ask that the tree be removed. If the tree is not removed by the date established, the City will remove the tree at the City's expense. A City street tree found to be causing or raising problems with sidewalks will be removed by the city, only when it meets predetermined criteria as determined by the City Forester. These criteria are set to prevent the indiscriminant removal of a valuable resource. City street trees will be removed only when one or more of the following criteria are met: · The tree is in a state of decline due to disease or insect pest for which there is no likelihood of a cure. · The tree poses a safety risk that cannot be corrected or where an unreasonable safety risk would be created by the construction process or root pruning. · Where work improvements required to be made around the tree will likely kill the tree or render it a hazard. · Where tree preservation is not cost effective compared to the value to the trees monetary value. · The tree poses an extreme public nuisance because of its species, size, location, fruit & seed drop, limb breakage or other objectionable condition. · The aesthetic value of the tree is extremely Iow or where the tree interferes with the growth and development of a more desirable tree. When a city street tree's roots or root has been found to be causing or raising problems with the sidewalk and the tree's removal is not an option, the sidewalk repair will be made using one of the approved replacement modifications which best corrects the sidewalk anomaly while minimizing harm to the tree. City street trees found to be causing cracking or raising problems for City curbs or streets or causing intersection site problems or non-sidewalk related public safety problems (such as dead or dying trees) shall be removed by the City when it is determined they cannot be saved or branches or roots cannot be pruned properly. The adjacent property owner shall be given a five working days notice by regular U.S. mail that the tree is to be removed and the reasons for such removal. The notice shall include a provision that the adjacent property owner may appeal such removal to the City Manaqer. Such appeal must be in writing to the City Manager within the five workinq day period. This notice and appeal does not apply to a tree posing an immediate danger or threat to public safety, requiring immediate removal. When a tree is removed from a planting lawn, the City shall replace it, provided budget considerations and the specifications of this policy allow. If a property owner wishes a tree planted where one does not exist, the City shall provide 50 percent of the cost to plant the tree, provided budget consideration and the specifications of this policy allow. If the City is unable to fund the replacement, or share the cost of adding a tree, the property owner may finance the purchase of a tree and the Leisure Services Department will plant it. The property owner may plant this tree provided the City Forester has approved the tree type and its location. C= 10. 11. 12. Types 1. When the tree removed is from a planting lawn less than three (3) feet in width, the City may provide and plant a tree beyond the sidewalk on pdvate property (in the front yard) at the request of the property owner (based on site suitability as determined by the City Forester) and if budget considerations allow. Such tree then becomes the property and responsibility of the property owner. When special conditions or circumstances arise which are not directly covered in this policy, the Leisure Services Department shall make a decision on the course of action to be taken, based upon an evaluation of the situation. The selection of the type of street tree to be planted shall be made by the City Forester, after considering the wishes of the property owner. of Trees Allowed This policy contains a listing of small, medium and large trees prepared by the City Forester for planting as street trees. Undesirable trees shall not be recommended for general planting and their use, if any, shall be restricted to special locations where, because of certain characteristics of adaptability or for landscape effect, they can be used to advantage. Only desirable, long-lived trees of good appearance, beauty, adaptability, and generally free from injurious insects or disease shall be planted as street trees. The City Forester shall review at least once every two (2) years the species, cultivars, and varieties included on the lists to determine if any should be removed for any reason. Planting 1. Size Unless otherwise specified by the City Forester, all small deciduous tree species, and their cultivars or varieties, shall be at least five (5) to six (6) feet or more in height, have six (6) or more branches, and shall be at least one (1) inch in diameter six (6) inches above ground level. All medium and large deciduous tree species and their cultivars and varieties shall be at least one and one-fourth (1 1/4) to one and one- half (1 1/2) inches in diameter six inches above ground level, and at least eight (8) to ten (10) feet in height when planted. The crown shall be in good balance with the trunk. 2. Grade Unless otherwise allowed for specific reasons, all trees shall have comparatively straight trunks, well-developed leaders and tops, and roots characteristic of the species, cultivar or variety showing evidence of proper nursery pruning. All trees must be free of insects, disease, mechanical injury, and other objectionable features at the time of planting, and conform to standards set forth in Amedcan Standards for Nursery Stock. D. Pruning and Removal 1. Pruning Topping or dehorning of trees shall not be permitted, except by written permission of the Leisure Services Department. Established trees shall be pruned over the tree's lifetime to allow free passage of pedestrian and vehicular traffic; over time to attain a desired branch height of ten (10) feet over sidewalks and fourteen (14) feet over streets and alleys. A tree's age, size, location, condition and natural form are factors which will determine the extent of pruning. 2. Stump Removal The stumps of trees removed shall be cut to at least six (6) inches below the ground, and soil shall be replaced and the area leveled. If the area where the tree is removed is to be paved, the tree shall be cut or stump removed at least eight (8) inches below the ground. III. LANDSCAPING ON PUBLIC RIGHT-OF-WAY SECTION The above "Street Tree Section I1" does not speak to, permit, or regulate, the planting of groups of trees and shrubs for landscaping purposes on public rights-of- way. This "Section II1" shall govern the planting, maintaining and removal of groups of trees and shrubs on public rights-of-way for landscaping purposes. Landscaping and/or screening required by the City's Zoning Ordinance shall not be placed on City right-of-way. No trees and shrubs shall be planted in the planting lawn or other public right-of-way for landscaping purposes without first obtaining approval of the City Manager. The approval of the City Manager will be in the form of a revocable permit to plant trees and shrubs for landscaping purposes in the public right-of-way. The applicant must agree to plant and maintain the trees and shrubs according to an approved site plan and further agree to be responsible for any and all liability arising from the planting of trees and shrubs on City property. The work must be done by a responsible and insured contractor approved by the City Engineering Division. Requests for such approval shall be made to the City Manager in writing and include a site plan showing the varieties and placement of the trees and shrubs to be planted on City right-of-way and who is to do the work. Trees and shrubs planted on City right-of-way without City approval will be removed by the property owner or tenant after receiving notification from the City. If the trees and shrubs are not removed by the date established, the City will do the removal at the City's expense. IV. STREET CONSTRUCTION SECTION A. Purpose The purpose of this section is to prevent or minimize damage to street trees as a result of street construction activities. This section provides for an administrative procedure to follow when street trees are encountered in street, sewer, water, or utility construction projects. B. Policy 1. Administrative Procedures Street and utility construction activities will, in many cases, cause varying degrees of damage to street trees. For this reason, the City Forester shall act to advise other City Departments and private contractors when street construction activities will be taking place within ten (10) feet of a street tree. The outlined procedures will be followed by all City Departments and contractors working within the public right-of-way: The City Forester shall be used as a technical resource in the design and construction specification writing phase of City construction projects to identify issues and potential problems relating to street trees which could arise from the construction activities. Prior to the construction of a City street or utility construction contract, a project representative will walk the project area with the City Forester to determine what specific procedures should be followed to protect adjacent street trees. These procedures will be incorporated into the project specifications. The City Forester, or appropriate representative, shall be invited to the project pre-construction meeting with the contractor to emphasize the importance of protecting the trees while the work is progressing. do The City Forester will attend public meetings and hearings (as needed) on projects where potential damage to street trees has been identified by prior inspection and review. Trees intended for trimming will be identified in the specifications and the public involvement process. The City Forester shall be available when called by the Engineering Division to monitor the progress of the contractor and to advise the City Departments or private contractor if the work is not proceeding according to the adopted specifications relating to tree protection, or if the specifications should be altered during the progress of the work. The City Forester will be available to discuss in greater detail the anticipated effect on the tree, and to answer property owner's questions. For privately contracted work, the contracting authority and the contractor shall be responsible for the protection of street trees pursuant to this policy. 2. Tree Removal City Street trees found to be growing over existing curbs or located too close to the curb such that reconstruction of the curb is not feasible without causing death of the tree, the tree will be removed by the Contractor. In such cases, the adjacent property owner shall be notified as outlined above. Trees removed for construction projects will be replaced as part of the City construction contract at no cost to the property owners if the planting lawn is a minimum of 3 feet wide and meets other established guidelines outlined in this policy. Replacement of removed trees shall be done during normal planting seasons after the construction work has been completed. Construction Practices The construction specifications will outline specific procedures to be followed by the contractor, along with tree damage liabilities, including penalties and costs of damage remediation. Prior to the commencement of construction, City Forestry crew will prune street trees extending over the roadway which could be damaged. Contractors shall notify the City if damage is done beyond the level anticipated, and repairs to trees damaged dudng construction will be made by the contractor. When trees are damaged or destroyed due to negligence or non-compliance, the contractor shall be required to pay for the necessary cost of repairs, removals, replacements and to reimburse the City for loss of value. Loss of value will be determined by the City Forester, using the most recent edition of The Council of Tree & Landscape Appraisers, Guide for Plant Appraisal. The following specific suggestions will best protect and preserve our street trees, and reduce the chance of liability in the event of their failure. All heavy equipment (other than hand tools) shall be kept off of the planting lawn under the drip line of any tree. The planting lawn will not, to the extent possible, be cut into or disturbed in any way within the trees' drip line. This includes creating setbacks for new curb and gutter, accommodating slip form pavers, reducing the height of the planting lawn or where an alternative exists, trenching or digging for utilities. Curb and gutter removal will be done in such a way as to minimize any damage to the tree's root system or above ground parts. · At no time shall the tracks or tires of the excavator/backhoe or pavement grinder, et cetera, be allowed to ride on the curb or planting lawn within a tree's drip line where it would case damage to the roots, buttress root flair, trunk or crown of the tree, without protective measures in place to protect the tree and avoid soil compaction. · At no time shall construction equipment or materials, including gravel, sand or soil, be stored on the surface of any unpaved area within a protected tree's drip line. · At no time shall chemicals, rinsates or petroleum products be deposited within the drip line of city street trees. · Exposed tree roots shall be protected with mulch and watered following curb and gutter removal if backfilling isn't completed by the end of the same workday. Backfilling should be completed with hand tools to avoid compaction. Only a friable clay loam soil shall be used as a backfill soil. Backfill soil shall be free of rock and other construction debris. · Where possible and specified by the City Forester, orange plastic barrier fencing or snow fence will be erected to protect trees and their root zones. The fencing shall be installed prior to construction and not removed until after final clean up of the construction site. · To preserve viable root systems and maintain structural stability of a tree, it is required that all underground utility placement or replacement, to the extent possible, be done by boring or tunneling beneath the root systems of the tree with open cut excavating done only outside of the tree's drip line. · Trenching/Tunneling Near Trees by Dr. James R. Fazio shall be used as a guide by qualified utility workes. · Ifa root must be cut and removed ora damaged root pruned, a clean cut shall be made with a sharp cuffing tool. The following sequence shall be used: 1. expose the root by hand using hand tools such as shovel, trowel; 2. make a clean cut with a sharp tool such as a hand pruner or hand saw and in the event of larger roots, a chain saw; (root grinding is not an option); 3. remove root; 4. protect exposed root or backfill. Curb and gutter replacement adjacent to street trees can be made with a slip form paver only if the paver can be accommodated without any additional alterations to the existing planting lawn. Where insufficient room does not exist, the area will be poured using hand set steel forms. Expansion joint or masonite may be necessary for forming around the base of trees where conventional forms will not fit. Non-linier paving (bump outs), skip overs and narrower streets are all options to consider for avoiding root injury. · Where sidewalk replacement is necessary, care should be taken to avoid injury to the tree's root system. Sidewalk repairs should be made usinq one of the approved replacement modifications which best corrects the sidewalk anomaly while minimizinq harm to the tree. Surface roots may be cut when necessary, making clean pruning cuts to a maximum depth just below the finished grade of the new walk. The root system should be cut no further than 5 inches away from the edge of the proposed new walk to accommodate its forms. · At no time shall the planting lawn grade be changed by removing soil or through the addition of soil within the tree's drip line. · When a situation should arise with the potential to cause harm to the tree, which is clearly not addressed by this policy guideline, the engineering department and City Forester shall be consulted to determine the best course of action. 4. Soil Quality Soil to be used as backfill within the right-of-way shall be a friable topsoil. It shall not contain admixtures of subsoil and shall be free of lumps larger than 2" in diameter, stones, plants or their roots and construction matter or debris. Adopted: Revised: Revised: Revised: Revised: October 3, 1988 February 21, 1994 January 11, 1999 Apd112, 2000 July 9, 2001 --I IT! 0 O> ITl E