The Commission shall review and advise the City Council upon the issuance of any building or zoning permit for any building, land, area, district or other object previously designated as a heritage preservation site under the provisions of this chapter. A copy of the application for any such building permit or zoning permit shall be forwarded to the Commission within 10 days of the receipt of same by the zoning administrator or building official. Every application for a building permit affecting a designated heritage preservation site shall be accompanied by detailed plans for the proposed work to be done.
(A) Type of building activity to be reviewed.
(1) Remodel or repair in any manner that will change the exterior appearance of the building or site.
(2) Construction.
(3) Moving a building.
(4)
Demolition in whole or part.
(5) Signs.
(6) Addition or deletion of awning, shutters, canopies and similar appurtenances.
(7) Change or alteration of a structure's architectural style.
(8) Alteration of a roof line.
(B) City activity. The Heritage Preservation Commission shall review and make recommendations concerning all city activity to change the nature or appearance of a designated heritage preservation site.
(C) Preservation program. All decisions of the Heritage Preservation Commission with respect to this section shall be in accordance with the program approved by the Secretary of Interior's Standards for Rehabilitation of which the following provisions indicate the nature and scope of authentic preservation and the degree of quality sought in planning as well as in building craftsmanship:
(1) Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, district or site and its environment, or to use a property for its originally intended purpose.
(2) The distinguishing original qualities or character of a building, structure, district or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
(3) All buildings, structures, districts and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
(4) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, site or district and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
(5) Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, district or site shall be treated with sensitivity.
(6) Deteriorated architectural features shall be repaired rather than replaced wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
(7) The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
(8) Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to any project.
(9) Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural, or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment.
(10) Wherever possible, new additions or alterations to structures shall be done in such a manner, that if such additions or alterations were to be removed in the future, the essential-form and integrity of the structure would be unimpaired.
(D) Findings. Before approving any building activity, the Commission shall make findings based on the program for rehabilitation and preservation of the heritage preservation site or district in regard to the following.
(1) In the case of a proposed alteration or addition to existing buildings, the Commission shall make written findings on how the structure may be architecturally or historically affected considering the existing appearance, building height, building width, depth, or other dimension, roof style, type of building materials, ornamentation, paving and setback.
(2) In the case of the proposed demolition of a building prior to approval of the demolition, the Commission shall make written findings on the following: architectural and historic merit of the building, the effect on surrounding buildings, the effect of any new proposed construction on the remainder of the building (in case of partial demolition) and on surrounding buildings, the economic value or usefulness of the building as it now exists, or if altered or modified, in comparison with the value or usefulness of any proposed structures designated to replace the present building or buildings.
(3) In the case of a proposed new building, the Commission shall make written findings on how the building will in itself, or by reason of its location on the property, materially affect the architectural or historic value of buildings on adjacent sites or in the immediate vicinity of the heritage preservation site.
(E) Application. Within 35 days of the date of receipt of the application by the Commission, the Commission shall forward to the City Clerk, the City Zoning Administrator and the applicant its written recommendations regarding the application. If the Commission finds the application to be lacking relevant and material information, the Commission may in writing request information from the applicant, in which case, the Commission shall complete and forward its recommendations as required above within 35 days of the receipt of the information requested. If the Commission recommends the denial of the application, the Commission shall set forth separately and distinctly each reason for its recommendation. If the Commission recommends the approval of the application with conditions, the Commission shall set forth separately and distinctly each such condition and its reasoning in support of same. In either case, the Commission shall give notice to the applicant as part of its recommendation notice of the right to a hearing set forth below.
(F) Hearing.
(1) If the Commission recommends the denial of the application, or recommends approval of the application with conditions, and the applicant objects to the Commission's recommendation, the applicant may demand a hearing before the City Council by filing a written notice of objection with the City Clerk/Treasurer within 15 days of the date of mailing of the Commission's recommendation. The notice of objection by the applicant shall state the general grounds for the objection.
(2) Upon receipt of a notice of objection by the City Clerk/Treasurer, the City Council shall set a time, date and place for a hearing upon same and publish the notice of said hearing and deliver a copy of the notice of the hearing to the applicant and the Commission not less than 10 days prior to the date of the hearing.
(3) The procedure at the hearing shall be as follows:
(a) The Council will hear and/or state the recommendations of the Commission and the recommendations or comments of the Planning Commission and/or city staff, if any.
(b) The objecting applicant will present evidence and reasoning underlying the objections.
(c) The Council will review and admit into the record any relevant written comments received and will solicit relevant comments from persons present.
(d) Rebuttal, if any.
(4) Within 35 days of the date of the hearing, the Council shall make written findings of fact and its decision, and shall mail copies of same to the Commission and the applicant. The applicant shall have 30 days following the mailing of the Council's decision to appeal same to the District Court.
(G) Recording of heritage preservation sites. The office of the City Clerk shall record or file with the Chisago County Recorder or Registrar of titles the legal description of all properties designated as heritage preservation sites by the city.
(Ord. passed - -; Am. Ord. 2017-05-02A, passed 5-2-2017)