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(A) (1) Any person may request the designation of a historic landmark by submitting a written application for the designation to the Historic Preservation Commission. The application must contain the following information:
(a) A map showing the boundaries of the proposed historic landmark and the name and address of the property owner;
(b) Description of the proposed historic landmark, including a statement of significance which describes how the site meets the significance criteria in this subchapter; and
(c) Sketches, photographs or drawings of the property and fully completed Iowa Site Inventory Form for the property.
(2) Upon receipt of a request, and before taking further action, the Historic Preservation Commission shall contact the property owner and obtain their consent to have their property designated as a historical landmark.
(B) Upon receipt of the application for designating a historic landmark, the Commission shall submit the application to the state for review and comment. The state’s comments on the proposed designation will be made available to the public.
(C) The Commission shall hold a public hearing concerning the proposed designation. Notice of public hearing shall be published and all affected property owners must be notified by ordinary mail prior to the hearing. At the public hearing, comments will be accepted concerning the establishment of the historic landmark. After hearing all comments and other relevant information, the Commission shall determine if the area is an area of historic significance that meets one or more of the following:
(1) Has integrity of location, design, setting, materials, skill, feeling and association;
(2) Embodies the distinctive characteristics of a type, period, method of construction, represents the work of a master, possesses high artistic value, represents a significant and distinguishable entity whose components may lack individual distinction;
(3) Is associated with events that have been a significant contribution to the broad patterns of our local, state or national history;
(4) Is associated with the lives of persons significant in our past; and/or
(5) Has yielded, or may be likely to yield, information important in prehistory or history.
(D) The Commission shall prepare an ordinance designating the historic landmark and submit the ordinance to the state for review and comment.
(E) The Commission shall submit the application, statements of significance and contexts, proposed ordinance and state’s comments to the City Council. Upon receipt, the City Council shall:
(1) Hold a public hearing;
(2) At the public hearing, consider whether the application for the historic landmark demonstrates that the significance criterion or criteria are met;
(3) Will either approve if the application meets the significance criteria or deny the designation if the criteria fails to meet the designation;
(4) Written notification of the public hearing shall be mailed to the owners of the proposed historic site and the following:
(a) Building Official;
(b) City Clerk; and
(c) City Planner.
(F) If approved, the application shall be submitted to the City Plan Commission for review to amend the zoning map designating the historic landmark as an Historic Overlay District. The Historic Overly District may be combined with any zoning district established in the city’s zoning regulations and shall be shown on the official zoning map. The City Planner will notify the Building Official and City Engineer of the designation. When so designated, any improvement requiring a building permit or demolition permit shall be subject to the provisions set forth in this subchapter.
(Ord. 2276, passed 5-25-2004; Ord. 2394, passed 11-25-2008)
The Commission shall review all projects requiring a building permit or demolition permit that are located within a designated historic district or that have been designated a historic landmark to consider the issuance of a certificate of appropriateness. The Community Development Department shall forward a copy of all demolition and building permit applications related to any designated historic district or historic landmark to the Historic Preservation Commission.
(A) An application for a certificate of appropriateness shall be obtained from the Building Official, and when completed, filed with the appropriate administrative official as designated by the Commission.
(B) For projects requiring a building permit, the applicant shall submit a complete description of the project, including plans and photographs 30 days prior to the monthly meeting of the Commission. The applicant will be notified of the meeting and shall have the opportunity to present his or her request for a certificate of appropriateness.
(C) The Commission’s review shall be based on the Secretary of the Interior’s Standards for Rehabilitation and the Commission design guidelines.
(D) The Commission shall approve, approve with modification or deny the issuance of the certificate. The findings of the Commission on each application shall be contained in a written resolution setting forth the full reason for its decision and the vote of each member participating therein. The resolution shall be placed on file for public inspection in the office of the City Clerk within ten business days after the meeting at which the application was acted upon. Thereafter, a copy of the resolution shall be sent to the applicant by ordinary mail. If the application is approved or approved with modifications acceptable to the applicant, a certificate of appropriateness will be issued, signed by the Chairperson, and immediately transmitted along with the application to the Building Official. If the application is disapproved, the application will be immediately transmitted, along with the written resolution of the Commission’s findings, to the Building Official.
(Ord. 2276, passed 5-25-2004; Ord. 2394, passed 11-25-2008)
Any person aggrieved by any provision of this subchapter may appeal to the City Council by filing a written appeal with City Clerk. The appeal shall state the reasons why the decision is being contested.
(A) Repealing historic district designation.
(1) Eighty percent of the property owners within a designated historic district may file an appeal to the City Council requesting rescinding an area’s designation as a historic district.
(2) The rescinding process will proceed in the same manner as the original designation process. The petition will be accompanied by an application which contains the following:
(a) A map showing the boundaries of the designated historic district and the names and addresses of all property owners;
(b) Description of the historic district including a statement which describes why the district no longer meets the significance criteria in this subchapter; and
(c) Sketches, photographs or drawings of the property or fully completed state site inventory forms for the properties in the district, documenting that the district no longer meets the significance criteria.
(3) The Historic Preservation Commission will consider the request to rescind at a public hearing. The Commission will convey its recommendation regarding the request to the Mayor and City Council for their consideration within ten days following the public hearing.
(4) Upon receipt of the recommendation, the City Council shall schedule a public hearing to consider same at a specific place, date and time, not more than 30 days after the receipt, by giving notice as required by law.
(5) The City Council, after public hearing, may approve or disapprove the Commission’s recommendation by a majority vote of its membership.
(6) If not satisfied with the decision of the City Council, any party to the appeal before the City Council may appeal to the County District Court within 60 days after the Council’s decision.
(7) The Historic Preservation Commission shall not have the power or authority to appeal a decision of the City Council to District Court.
(B) Repealing historic landmark designation.
(1) A historic landmark may be rescinded in the same manner as the original designation process. The petition will be accompanied by an application which contains the following:
(a) A map showing the boundaries of the designated historic landmark and the name and address of all property owners;
(b) Description of the historic landmark including a statement which describes why the landmark no longer meets the significance criteria in this subchapter; and
(c) Sketches, photographs or drawings of the property or fully completed state site inventory form for the landmark which documents that the landmark no longer meets the significance criteria.
(2) The Historic Preservation Commission will consider the request to rescind at a public hearing. The Commission will convey its recommendation regarding the request to the Mayor and City Council for their consideration within ten days following the public hearing.
(3) Upon receipt of the recommendation, the City Council shall schedule a public hearing to consider same at a specific place, date and time, not more than 30 days after the receipt, by giving notice as required by law.
(4) The City Council, after public hearing, may approve or disapprove the Commission’s recommendation by a majority vote of its membership.
(5) If not satisfied with the decision of the City Council, any party to the appeal before the City Council may appeal to the County District Court within 60 days after the Council’s decision.
(C) Denial of certificate of appropriateness.
(1) In the event a certificate of appropriateness is denied, the property owner may apply for an exemption based on the substantial hardship of maintaining the property according to the design guidelines for historic properties. Substantial hardship is to be considered by the Commission where one or more of the following unusual and compelling circumstances exists:
(a) There are no other reasonable means of saving the property from deterioration or collapse; and/or
(b) The property is owned by a nonprofit organization and it is not feasible financially or physically to achieve the charitable purposes of the organization while maintaining the property appropriately.
(2) The owner will be required to submit documents to show that he or she cannot comply with the design guidelines and earn a reasonable rate of return on his or her investment in the property. Information required will include:
(a) Costs of the proposed development with and without modification needed to comply with the design guidelines as determined by the Commission;
(b) Structural report and/or a feasibility report prepared by a qualified preservation architect or engineer;
(c) Market value of the property in its present condition and after completion of the proposed project;
(d) Cost of the property, date purchased, relationship, if any, between seller and buyer, terms of financing;
(e) Annual gross income for the past two years from the property with operating and maintenance expenses, depreciation and annual cash flow before and after debt service during that time;
(f) Any other information considered necessary by the Commission to determine whether or not the property may yield a reasonable return; and
(g) If the property owner is a nonprofit organization, the organization will be asked to provide documentation that it is not feasible financially or physically to achieve the charitable purposes of the organization while maintaining the property appropriately.
(3) If the Commission denies, or postpones for 180 days, a request to demolish a historic building, the Commission shall work closely with the owner to find an appropriate use for the property, to help find a buyer or to obtain funding for rehabilitation, including low interest loans or grants. The Commission shall inform the community concerning the threat to the building, its value as part of the fabric of the community and, through publicity and contacts with civic groups, seek to provide assistance in preserving the property.
(4) When an applicant disagrees with the Commission’s decision to deny issuance of a certificate of substantial hardship or conditions attached to the certificate, an appeal shall be reviewed by the City Council. The Commission shall be submit a report to the City Council explaining the denial or required conditions.
(5) When an applicant disagrees with City Council’s decision regarding issuance of a certificate of substantial hardship or conditions attached to the certificate, an appeal may be made to the County District Court.
(D) Demolition permit. If denied a certificate of appropriateness for the demolition of a property, the property owners may appeal to the City Council on the grounds of economic hardship and follow the process outlined in division (C) above.
(Ord. 2106, passed 11-9-1999; Ord. 2276, passed 5-25-2004; Ord. 2394, passed 11-25-2008)
HUMAN RIGHTS COMMISSION
The purposes of this subchapter are:
(A) To secure for all individuals within the city freedom from discrimination in connection with employment, public accommodation, housing, education and credit; and thereby to protect the personal dignity of these individuals, to ensure their full productive capacities, to preserve the public safety, health and general welfare, and to promote the interests, rights and privileges of individual citizens within the city;
(B) To provide for the execution within the city of the policies embodied in the Iowa Civil Rights Act of 1965 and in the Federal Civil Rights Act and to promote cooperation between the city and the state and federal agencies enforcing these acts; and
(C) To provide, at the local level, a Commission on Human Rights, dedicated to the following: effective enforcement of the Iowa Civil Rights Act, service as a source of information to employers, laborers, business persons, employees, tenants and other citizens relative to various civil rights legislation and regulations; and active assistance to prevent and eliminate the effect of discriminatory practices.
(1999 Code, § 31.01)
There is hereby established in the city government a Commission to be known as the Human Rights Commission, which Commission shall consist of seven members broadly representative of the community. Members of the Commission are appointed by the Mayor and confirmed by the Council. Each member is appointed for a term of four years. The terms of the members shall be staggered with each term of office to expire on September 30. Vacancies shall be filled for the remainder of the unexpired term. The Commission shall elect a Chairperson and Vice Chairperson from the members of the Commission. Any four members constitute a quorum. All members of the Commission serve without compensation, but are reimbursed for travel and other necessary expenses out of the funds appropriated for the Commission.
(1999 Code, § 31.03) (Ord. 2702, passed 6-15-2022)
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