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A. Demolition Generally: Demolition of landmarks, landmark sites, individually designated historic properties or structures within historic districts, and structures in conservation districts is prohibited unless, upon application and after hearing, the commission issues a certificate of appropriateness or a certificate of economic nonviability pursuant to this section.
B. Demolition By Neglect Prohibited: The owner of a building or structure in any historic or conservation district, or of a landmark or landmark site, or individually designated historic property must keep in good repair all the exterior portions of such buildings or structures and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior portion and comply with all other provisions of law requiring property and improvements to be kept in good repair. The owner must repair the building or structure to correct any of the following defects as determined by the city building official: (Ord. 26-14, 3-17-2014; amd. Ord. 40-15, 6-1-2015)
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 deterioration or are insufficient to support the load imposed;
6. Fireplaces and chimneys which list, bulge, or settle due to defect or deterioration or are of insufficient size or strength to carry the 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. Deterioration of any exterior feature so as to create a hazardous condition which could make demolition necessary for the public safety;
12. Deterioration or removal after the effective date hereof of any unique architectural feature which would detract from the original architectural style;
13. Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, wall facings, and architectural details that cause instability, loss of shape and form, or crumbling;
14. Rotting, holes, and other forms of decay; or
15. Leaving a building or structure open or vulnerable to vandalism, decay by the elements, or animal and/or insect infestation.
C. Emergency/Hazard Removal: In the event that a building or structure becomes damaged by fire, or other calamity or disaster, to such an extent that the building official determines it cannot reasonably be repaired and restored, or it poses an immediate risk to public safety and well being, after consultation with a licensed architect or engineer in determining whether a building or structure can be reasonably repaired, stabilized or restored, any portion thereof may be removed in conformance with applicable laws. (Ord. 52-09, 10-19-2009; amd. Ord. 40-15, 6-1-2015)
D. Review Of Demolition Permits: Upon receiving an application for a demolition permit for any building subject to this section, the building official must immediately notify the planning services department of such application. If the application is for any building with one or more dwelling units, the building official must also immediately notify the housing and community development department. The applicant must file the information required in this section with the historic preservation commission at the office of the planning services department by the application deadline established by the commission. If the application is for any building with one or more dwelling units, the planning services department must provide the filed information to the housing and community development department.
1. At its next regular meeting, the commission will approve or deny the application, or table the application for additional information for a specified period not to exceed ninety (90) days from the date of application with the commission. Failure of the commission to take action on the application within the ninety (90) day period, unless the applicant requests and the commission grants an extension of such time, constitutes commission approval thereof.
2. The commission will review all information submitted by the applicant and, if the application is for any building with one or more dwelling units, all information submitted by the housing and community development department, and make a determination as to the following:
a. Whether the building proposed for demolition has historic or architectural significance to the community; and
b. Whether denial of the proposed demolition permit would prevent the property owner from earning a reasonable economic return on the property.
3. If the commission finds that denial of the application would prevent the property owner from earning a reasonable economic return on the property, or that the building does not have any historical or architectural significance to the community, the commission will approve the application.
4. If the commission finds that denial of the application would not prevent the property owner from earning a reasonable economic return on the property, and that the building has historical or architectural significance to the community, the commission will deny the permit application.
5. If the applicant is the state of Iowa or a political subdivision of the state, the city council will also make a determination as to whether the denial of the application would prevent the state or the political subdivision from accomplishing its governmental functions as follows:
a. If, after weighing the interests and attempting to accommodate all conflicting governmental interests, the city council finds that denial of the application would prevent the state or the political subdivision from accomplishing its governmental functions, the city council will approve the application.
b. If, after weighing the interests and attempting to accommodate all conflicting governmental interests, the city council finds that denial of the application would not prevent the state or the political subdivision from accomplishing its governmental functions, the city council may deny the application.
6. If the city council denies the application, it will state its findings in writing and shall transmit a copy of such findings to the applicant.
E. Standards For Demolition Review:
1. The report, "Heritage Of Dubuque", dated March 1974, and filed on record on January 27, 1975, is a comprehensive study for the historical preservation and conservation of the city and one of the guides to be considered at such time as a demolition permit is applied for under this section. The city of Dubuque's historic property inventory and any subsequent official architectural/historical surveys/evaluations and nominations to the national register of historic places prepared for any buildings located within the conservation districts described in subsection A of this section are also guidelines at such time.
2. In determining whether a building has historic or architectural significance, the commission considers an application for a demolition permit in accordance with the standards for review set forth in the secretary of the interior's "standards for identification and evaluation", and any subsequent revisions of these standards and guidelines by the secretary of the interior. The commission also considers a determination from the state historical preservation office as to the potential eligibility for listing of the building proposed for demolition on the national register of historic places.
F. Economic Guidelines And Review Criteria:
1. In determining whether to approve or deny the application, the commission may consider the information set forth in this subsection. The commission may also investigate strategies which would allow the property owner to earn a reasonable economic return on the property, may solicit expert testimony, and may require that the applicant make submissions concerning any or all of the following information:
a. A bid from a qualified contractor showing the cost of the proposed demolition.
b. A report from a licensed engineer, architect or contractor with experience in rehabilitation as to the structural integrity of the structure(s) that the applicant proposes to demolish.
c. The appraised value of the property by a licensed appraiser for the following conditions:
(1) In the property's current condition;
(2) After completion of the proposed demolition;
(3) After rehabilitation of the existing property for continued use by providing sales for the previous six (6) months for at least three (3) comparable properties. If there are not sales for the previous six (6) months at comparable properties, sales for the previous year at comparable properties may be used; and
(4) If the property is an income producing property, such valuation must include the rent scheduled and anticipated income after such rehabilitation, and the same for at least three (3) comparable properties to substantiate the information provided for the property in question.
d. An estimate from an architect, developer, contractor, or appraiser experienced in rehabilitation as to the cost to rehabilitate the building to the point of which a reasonable use or a reasonable profit can be realized from the property, including, but not limited to, bringing a building up to code so it can be occupied, not necessarily its "highest and best use", preferred use, or a restoration project.
e. The amount paid for the property, the date of purchase, and the person from whom the property was purchased, a description of the relationship, if any, if any between the owner of record, the applicant and the person from whom the property was purchased or is being purchased, and the terms of the purchase or proposed purchase, including financing.
f. If the property is income producing, copies of the 1040 schedule E or other appropriate forms and/or schedules filed with the IRS for the previous two (2) years. Such forms must include operation and maintenance expenses, depreciation deduction and annual cash flow before and after debt service, if any. Such forms must be signed by the current property owner to certify their authenticity. If such forms/statements are not available, income statements from a certified public accountant or licensed public accountant on letterhead and signed may be substituted.
g. The name of all mortgagees and the balance of all mortgages or other financing secured by the property and annual debt service, if any, for the previous two (2) years. Debt service is the amount of principal and interest payments paid annually on the property.
h. All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing and ownership of the property.
i. Any listing of the property for sale or rent, the price asked and offers received for sale or rent, if any, within the previous five (5) years.
j. The assessed value of the property for the previous two (2) assessment years.
k. The amount of real estate taxes assessed for the previous two (2) assessment years and whether or not they have been paid.
l. The form of ownership or operation of the property, whether sole proprietorship, for profit or not for profit corporation, limited partnership, joint venture or other.
m. Any other information considered necessary by the commission to determine whether the property yields or may yield a reasonable economic return to the property owner(s). A "reasonable economic return" is defined as the cost to rehabilitate the building to the point at which a reasonable use or a reasonable profit can be realized from the property. This may mean bringing a building up to code to the point at which it can be occupied, not necessarily to its "highest and best use", preferred use or a restoration project.
n. Proof of the applicant's efforts to obtain financing, tax incentives, preservation grants and other incentives to allow the applicant to earn a reasonable economic return from the property.
o. Documents detailing the applicant's efforts in ongoing maintenance and repair. This may include, but is not limited to, tax statements and/or copies of invoices.
2. If the application is for any building with one or more dwelling units, the housing and community development department may also make submissions concerning any or all of the above information, including strategies which would allow the property owner to earn a reasonable economic return on the property. The commission will consider such information.
G. Guidelines And Review Criteria For Applications By State Or Political Subdivision Of State:
1. In determining whether to approve or deny the application, the commission may consider the information set forth in this subsection and any other information the commission considers relevant to balancing any conflicting governmental interests.
2. The commission may require that the applicant make submissions concerning the following information for the proposed site and suitable alternative location(s), including, but not limited to:
a. Fair market value of property.
b. Estimate of the cost of the proposed demolition, including hazardous material removal and remediation.
c. Fair market value of any property owned by the governmental body that could be sold if that site is not chosen for the project.
d. Property tax impact of removing private property from the tax rolls at the proposed location and all alternative locations.
e. Any other factors that contribute to making one location more suitable than others for the proposed use.
f. Any other information appropriate to evaluating how all conflicting governmental interests may be accommodated.
g. The need for the use in question, the effect on neighboring property, and the environmental impact of the proposed use.
H. Action: If the commission fails to take action to approve, deny or withhold action on the application within the ninety (90) day period, or such extension as requested by the applicant, the building official will issue the permit forthwith. (Ord. 26-14, 3-17-2014; amd. Ord. 40-15, 6-1-2015)
A. No regulated permit or site plan approval for the alteration of landmarks, individually designated historic properties, landmark sites or structures in historic districts may be issued prior to review and action by the commission unless a determination of no material effect has been made in accordance with this chapter. (Ord. 52-09, 10-19-2009; amd. Ord. 40-15, 6-1-2015)
B. Nothing in this chapter may be construed to prevent ordinary maintenance or repair of any landmark, landmark site or structure or site within a historic district where such maintenance or repair does not involve a material change of appearance which necessitates issuance of a regulated permit or site plan approval.
C. An application for a regulated permit or site plan approval must be made to the appropriate city official. The application must state or the appropriate city official will determine whether the proposed work or activity is to be done on a landmark, landmark site, individually designated historic property or on a structure within a historic district.
D. If the application demonstrates no material effect as recognized by this chapter, then the city planner may issue a determination of no material effect, which authorizes the proposed work or activity to proceed. If a permit application does not demonstrate compliance with the standards for a determination of no material effect, then an application must be made for commission review of the proposed work or activity. The application for commission review will be filed in the planning services department.
E. Unless otherwise mutually agreed upon by the applicant and the commission, the commission will, within sixty (60) days after submittal of a complete application, review the proposed work or activity to determine whether it complies with the standards specified in this chapter. In the event the commission does not approve or deny an application within sixty (60) days after submittal of a complete application, such application is deemed approved by the commission, unless the applicant has consented to an extension of the sixty (60) day period. The commission will issue a certificate of appropriateness if, after conducting a review of the application, it finds: (Ord. 27-14, 3-17-2014; amd. Ord. 40-15, 6-1-2015)
1. That the property owner or the property owner's representative has established that the proposed work or activity complies with the standards specified in this chapter 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.
3. In reviewing the proposed work or activity, the commission may confer with the applicant or the applicant's authorized representative. The commission may require submission of such additional drawings, sketches, photographs or other exhibits, as it deems reasonably necessary for consideration of the application. (Ord. 52-09, 10-19-2009; amd. Ord. 40-15, 6-1-2015)
F. The issuance of a certificate of appropriateness enables the applicant to obtain a regulated permit or site plan approval and to proceed with the proposed work or activity.
G. If the commission denies the proposed work or activity, it must state its reasons and transmit to the applicant a written record of its denial. The commission may propose revisions to the applicant's proposal, which, if adopted by the applicant, may cause the commission to reconsider its denial. The applicant may modify the proposed project and resubmit a modified proposal at any time.
H. The commission will also issue a certificate of appropriateness, if, after conducting a review of preservation alternatives, it finds: (Ord. 27-14, 3-17-2014; amd. Ord. 40-15, 6-1-2015)
1. That the property owner or the property owner's representative has established that the preservation alternatives for the proposed work or activity 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 or activity 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. (Ord. 52-09, 10-19-2009; amd. Ord. 40-15, 6-1-2015)
I. Prior to filing an application for a certificate of economic nonviability, as provided for in subsection J of this section, the applicant must file an application for a review of preservation alternatives. This application documents the applicant's attempts to evaluate and obtain "preservation alternatives", including, but not limited to, financing, tax incentives, preservation grants, restoration alternatives and other incentives sufficient to allow the applicant to earn a reasonable economic return from the property.
1. After a review of the preservation alternatives, the commission approves or denies the proposed project.
2. If the proposed project is approved, the commission issues a certificate of appropriateness.
3. If the commission denies the proposed project, it must state its reasons and transmit to the applicant a written record of its denial. The commission may propose appropriate revisions of the applicant's proposal that, if adopted by the applicant, may cause the commission to reconsider its denial. The applicant may modify the proposed project and resubmit a modified proposal at any time.
J. If the commission denies such proposed project after a review of preservation alternatives, it may, upon application or on its own motion, issue a certificate of economic nonviability.
1. Certificate Of Economic Nonviability: Upon application or motion for a certificate of economic nonviability, the commission will schedule a public meeting on that application or motion.
2. Data To Be Provided By Applicant: Before rendering its decision, the commission may solicit expert opinion or require that the applicant for a certificate of economic nonviability submit the following information, including, but not limited to: (Ord. 27-14, 3-17-2014; amd. Ord. 40-15, 6-1-2015)
a. Estimate of the cost of the proposed work or activity 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. (Ord. 52-09, 10-19-2009; amd. Ord. 40-15, 6-1-2015)
c. Estimated market value of the property in its current condition; after completion of the proposed construction or alteration; and after any changes recommended by the commission.
d. The amount paid for the property, the date of purchase and the person from whom purchased, including a description of the relationship, if any, between the owner of record or the applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer.
e. If the property is income producing, the annual gross income from the property for the previous two (2) years.
f. Itemized operating and maintenance expenses for the previous two (2) years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period.
g. The remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years.
h. All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing or ownership of the property.
i. Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two (2) years.
j. The assessed value of the property according to the two (2) most recent assessments.
k. The amount of real estate taxes for the previous two (2) years and whether or not they have been paid.
l. The form of ownership or operation of the property, whether sole proprietorship, for profit or not for profit corporation, limited partnership, joint venture or other.
m. Any other information considered necessary by the commission to make a determination as to whether the property yields or may yield any reasonable economic return to the property owner(s), including, but not limited to, the income tax bracket of the owner(s) or applicant(s) or of the principal investor(s) in the property.
n. Proof of the applicant's efforts to obtain financing, tax incentives, preservation grants and other incentives sufficient to allow the applicant to earn a reasonable and an economic return from the property.
o. A showing of the applicant's efforts in ongoing maintenance and repair.
3. Issuance Or Postponement Of Certificate: If the commission, after review of the evidence submitted, finds that denial of the proposed work would prevent the property owner from earning any reasonable economic return from the property, the commission will:
a. Immediately issue a certificate of economic nonviability; or
b. At its discretion, postpone, for a period not to exceed one hundred eighty (180) days, the issuance of a certificate of economic nonviability. During this time, the commission will investigate strategies for the property owner to earn a reasonable economic return from the property. No regulated permit will be issued during this time unless a certificate of appropriateness has been secured. If, at the end of the one hundred eighty (180) day period, the commission, after a public meeting, finds that the property owner still cannot earn any reasonable economic return from the property, it will issue a certificate of economic nonviability.
4. Denial Of Certificate: If the commission finds, after initial review or after the one hundred eighty (180) day period of postponement, that the property owner has earned or is able to earn a reasonable economic return from the property, then the commission will deny the application for a certificate of economic nonviability.
K. The failure of the commission to approve or deny an application for a certificate of appropriateness within sixty (60) days from the date of the filing of the application for a certificate of appropriateness, unless an extension is agreed upon mutually by the applicant and the commission, constitutes approval, unless within such sixty (60) days the commission has made a determination of economic nonviability and has suspended its decision regarding a certificate of economic nonviability pursuant to subsection J3b of this section.
L. The certificate of appropriateness expires and becomes null and void unless the regulated permits are secured within sixty (60) days from the date of its issuance.
M. All required permits must be secured and work must commence within sixty (60) days from the date of the issuance of the certificate of appropriateness and be completed within such time as the building official determines is reasonable under the circumstances, but not longer than two (2) years after its issuance. The building official may grant, in writing, one or more extensions of time, for periods not to exceed one hundred eighty (180) days each. The extensions must be requested in writing and justifiable cause for the extension must be demonstrated. (Ord. 27-14, 3-17-2014; amd. Ord. 40-15, 6-1-2015)
N. The transfer of a determination of no material effect, a certificate of appropriateness or a certificate of economic nonviability from one structure, improvement or site to another structure, improvement or site or from one person to another is prohibited. (Ord. 52-09, 10-19-2009; amd. Ord. 40-15, 6-1-2015)
O. Each determination of no material effect, certificate of appropriateness or certificate of economic nonviability issued under the provisions of this chapter expires and becomes null and void if the work or activity for which the determination of no material effect, certificate of appropriateness or certificate of economic nonviability was issued is not commenced within one year of its issuance. (Ord. 27-14, 3-17-2014; amd. Ord. 40-15, 6-1-2015)
A. The commission considers each design review on the merits of the individual case, with due deliberation given to each proposed change(s) and its sympathetic relationship to the specific historic setting, architectural or historic significance, extent of previous alteration, use of original materials and quality of design of the existing structure or site. Commission approval of a particular type of alteration or activity does not establish a binding precedent for future commission action, but may constitute an additional factor to be considered in subsequent design reviews involving the same type of alteration or activity.
B. The "secretary of interior's standards and guidelines for archaeology and historic preservation", the "secretary of interior's standards and guidelines for the treatment of historic properties", codified as 36 CFR 68, as amended, and the "secretary of the interior's standards for rehabilitation and guidelines for rehabilitating historic buildings", provide the guidelines by which the commission reviews an application for a certificate of appropriateness or certificate of economic nonviability, and any subsequent revisions of these standards and guidelines by the secretary of the interior will be adopted by the commission.
C. The commission shall also be guided by the architectural guidelines and any design standards specified in the ordinance or amendment designating the landmark, landmark site or historic district.
D. The commission considers the factors of architectural style, scale, mass, arrangement, texture, materials, and any other pertinent factors. The proposed work must be appropriate for and must restore, preserve, or enhance features of buildings or structures. The proposed work shall not adversely affect the exterior architectural features of the building or structure, nor shall the proposed work adversely affect the character or special historical, architectural or aesthetic value of the property and its setting. The proposed work also must conform to such further standards as may be embodied in the ordinance. (Ord. 44-16, 9-19-2016)
A. Application Of Section: The provisions of this section apply to all buildings located in whole or in part within the following described conservation districts: (Ord. 29-14, 3-17-2014; amd. Ord. 40-15, 6-1-2015)
1. 4th Street Neighborhood Conservation District: Beginning at the intersection of 7th and Bluff Streets, thence southerly along Bluff Street to its intersection with West 5th Street; thence westerly along West 5th Street to its intersection with the northerly extension of Raymond Street; thence southerly along Raymond Street and its northerly and southerly extensions to its intersection with West 3rd Street; thence easterly along West 3rd Street to its intersection with St. Mary's Street; thence southerly along St. Mary's Street to its intersection with Emmett Street; thence easterly along Emmett Street to its intersection with Bluff Street; thence southerly along Bluff Street to its intersection with 1st Street; thence easterly along 1st Street to its intersection with the alley between Bluff and Locust Streets; thence northerly along the alley between Bluff and Locust Streets to its intersection with West 5th Street; thence easterly along West 5th Street to its intersection with Locust Street; thence northerly along Locust Street to its intersection with 7th Street; thence westerly along 7th Street to its intersection with Bluff Street which is the point of beginning.
2. Fenelon Place Neighborhood Conservation District: Beginning at the intersection of West 5th and Burch Streets, thence southerly along Burch Street to its intersection with West 3rd Street; thence easterly along West 3rd Street to its intersection with the southerly extension of Raymond Street; thence northerly along Raymond Street and its southerly and northerly extensions to its intersection with West 5th Street; thence westerly along West 5th Street to its intersection with Burch Street which is the point of beginning.
3. 3rd Street Neighborhood Conservation District: Beginning at the intersection of West 3rd and Hill Streets thence southwesterly along Hill Street to its intersection with Langworthy Street; thence northwesterly along Langworthy Street to its intersection with Alpine Street; thence northeasterly along Alpine Street to its intersection with West 3rd Street; thence northwesterly along West 3rd Street to its intersection with Nevada Street; thence northeasterly along Nevada Street to its intersection with West 5th Street; thence southeasterly along West 5th Street to its intersection with Alpine Street; thence southerly along Alpine Street to its intersection with Melrose Terrace; thence southeasterly along Melrose Terrace and its southeasterly extension to its intersection with Winona Street; thence southwesterly along Winona Street to its intersection with West 3rd Street; thence southeasterly along West 3rd Street to its intersection with Hill Street which is the point of beginning.
(Ord. 52-09, 10-19-2009; amd. Ord. 40-15, 6-1-2015)
4. Washington Street Neighborhood Conservation District: Beginning at the intersection of E. 22nd Street and Kniest Street, thence southeasterly along Kniest Street to its intersection with Garfield Avenue, thence southwesterly along Garfield Avenue to its intersection with the City alley located between Elm Street and Kniest Street, thence southeasterly along the City alley to its intersection with E. 18th Street, thence southwesterly along E. 18th Street to its intersection with the City alley located between the Iowa Chicago and Eastern Railroad right-of-way and Elm Street, thence southeasterly along the City alley to its intersection with E. 17th Street, thence northeasterly along E. 17th Street to its intersection with the Iowa Chicago and Eastern Railroad right-of-way, thence southeasterly along the Iowa Chicago and Eastern Railroad right-of-way to its intersection with E. 16th Street, thence southwesterly along E. 16th Street to its intersection with Elm Street, thence southeasterly along Elm Street to its intersection with E. 15th Street, thence northeasterly along E. 15th Street to its intersection with the City alley located between Elm Street and Pine Street, thence southeasterly along the City alley located between Elm Street and Pine Street to its intersection with E. 14th Street, thence southwesterly along E. 14th Street to its intersection with the City alley located between Elm Street and Pine Street, thence southeasterly along the City alley located between Elm Street and Pine Street to its intersection with E. 12th Street, thence southwesterly along E. 12 Street to its intersection with Elm Street, thence southeasterly along Elm Street to its intersection with E. 11th Street, thence southwesterly along E. 11th Street to its intersection with W. 11th Street, thence southwesterly along W. 11th Street to its intersection with the City alley located between Central Avenue and Iowa Street; thence northwesterly along the City alley to its intersection with the City Hall access driveway, thence southwesterly along the City Hall access driveway to its intersection with Iowa Street, thence northwesterly along Iowa Street to its intersection with Loras Boulevard; thence northeasterly along Loras Boulevard to its intersection with the City alley located between Iowa Street and Central Avenue, thence northwesterly along the City alley to its intersection with W. 17th Street, thence northeasterly along W. 17th Street to its intersection with Heeb Street; thence northwesterly along Heeb Street to its intersection with the northern boundary of Parcel #10-24-252-018; thence northeasterly along the northern boundary of Parcel #10-24-252-018 to its intersection with the west boundary of Parcel #10-24-252-017; thence northwesterly along the west boundary of Parcel #10-24-252-017 to its intersection with the south boundary of Parcel #10-24-252-015, thence northeasterly along the south boundary of Parcel #10-24-252-015 to its intersection with the west boundary of Parcel #10-24-252-013, thence northwesterly along the west boundary of Parcel #10-24-252-013 to its intersection with Heeb Street, thence northwesterly along Heeb Street to its intersection with Kaufmann Avenue, thence northeasterly along Kaufmann Avenue to its intersection with 22nd Street thence northeasterly along 22nd Street to its point of origin at the intersection of E. 22nd Street and Kniest Street excluding the area beginning at the intersection of E. 14th Street and Jackson Street, thence southeasterly along Jackson Street to its intersection with E. 13th Street, thence southwesterly along E. 13th Street to its intersection with White Street, thence northwesterly along White Street to its intersection with E. 14th Street, thence northeasterly along E. 14th Street to its point of origin at the intersection of E. 14th Street and Jackson Street.
This subsection shall not apply to an application for a demolition permit for properties being acquired and demolished for the Bee Branch Creek restoration project. (Ord. 15-11, 2-22-2011; amd. Ord. 40-15, 6-1-2015)
5. Jackson Park Neighborhood Conservation District: Beginning at the intersection of 14th Street and Central Avenue thence westerly along 14th Street to its intersection with Iowa Street; thence southerly along Iowa Street to its intersection with 10th Street; thence westerly along 10th Street to its intersection with Bluff Street; thence northerly along Bluff Street to its intersection with Locust Street; thence northwesterly along Locust Street to its intersection with Ellis Street; thence northerly along Ellis Street and its northerly extension to its intersection with Clarke Drive; thence northwesterly along Clarke Drive to its intersection with Paul Street; thence northeasterly along Paul Street to its intersection with Lowell Street; thence southeasterly along Lowell Street to its intersection with North Main Street; thence southerly along North Main Street to its intersection with Clarke Drive; thence southeasterly along Clarke Drive and its southeasterly extension to its intersection with Central Avenue; thence southerly along Central Avenue to its intersection with 14th Street which is the point of beginning.
6. West 11th Street Neighborhood Conservation District: Beginning at the intersection of 9th and Bluff Streets thence westerly along 9th Street to its intersection with University Avenue; thence westerly along University Avenue to its intersection with Spruce Street; thence northerly along Spruce Street to its intersection with West 11th Street; thence westerly along West 11th Street to its intersection with Walnut Street; thence northerly along Walnut Street to its intersection with Loras Boulevard; thence westerly along Loras Boulevard to its intersection with Cox Street; thence northerly along Cox Street to its intersection with the westerly extension of West 16th Street; thence easterly along West 16th Street and its westerly extension to its intersection with Montrose Terrace; thence northerly along the northeasterly extension of Montrose Terrace to its intersection with West Locust Street; thence southeasterly along West Locust Street to its intersection with Bluff Street; thence southerly along Bluff Street to its intersection with 9th Street which is the point of beginning.
7. Broadway Street Neighborhood Conservation District: Beginning at the intersection of West 23rd Street and Central Avenue thence westerly along West 23rd Street to its intersection with Lewis Street; thence northwesterly along Lewis Street to its intersection with Fulton Street; thence northerly along Fulton Street to its intersection with King Street; thence easterly along King Street and its easterly extension to its intersection with Central Avenue; thence southerly along Central Avenue to its intersection with West 23rd Street which is the point of beginning.
8. Downtown Neighborhood Conservation District: Beginning at the intersection of White Street and 11th Street, thence southerly along White Street to its intersection with 5th Street; thence easterly along 5th Street to its intersection with the railroad tracks; thence easterly along the railroad tracks to their intersection with the Mississippi River; thence southerly along the riverfront across the Ice Harbor to the eastern terminus of 1st Street; thence westerly along 1st Street to its intersection with U.S. Highway 61/151; thence southerly along U.S. Highway 61/151 to its intersection with the Locust Street Connector; thence westerly along the Locust Street Connector and across Locust Street to Jones Street; thence westerly along Jones Street to its intersection with Bissell Lane; thence northerly along Bissell Lane extended to 1st Street; thence westerly along 1st Street to its intersection with Bluff Street; thence northerly along Bluff Street to its intersection with 5th Street; thence easterly on 5th Street to its intersection with Locust Street; thence northerly on Locust Street to its intersection with 8th Street; thence westerly on 8th Street to its intersection with Bluff Street; thence southerly on Bluff Street to its intersection with 5th Street; thence westerly along 5th Street to the bluff line; thence northerly along the bluff line to 9th Street; thence easterly along 9th Street to its intersection with Bluff Street; thence northerly along Bluff Street to its intersection with 10th Street; thence easterly along 10th Street to its intersection with Iowa Street; thence northerly along Iowa Street to its intersection with 14th Street; thence easterly along 14th Street to its intersection with White Street, thence southerly along White Street to its intersection with 13th Street, thence westerly along 13th Street to its intersection with Central Avenue, thence southerly along Central Avenue to its intersection with 11th Street, thence easterly along 11th Street to its intersection with White Street, which is the point of beginning.
9. Brewery Conservation District: Lot 2-7 of Mineral Lot 322, Lot 1-1-3-8 of Mineral Lot 322, and Lot 2-1 of Liebe's Subdivision No. 3 in the City of Dubuque, Iowa.
(Ord. 52-09, 10-19-2009; amd. Ord. 40-15, 6-1-2015)
B. Process For Establishment, Expansion Or Alteration Of Conservation District: Any person may request that the city council establish, expand or alter a conservation district. The process for establishment, expansion or alteration of a conservation district is as follows:
1. A written request for the establishment, expansion or alteration of a conservation district must be submitted to the city clerk. At its next regular meeting following receipt of the request by the city clerk, the city council may approve or deny the request, set the request for consideration at a subsequent meeting, set the request for a public hearing, or refer the request to the commission for a recommendation before voting on the request.
2. At its next regular meeting, if a referral is made to it by the city council, the commission will review the request, and make a recommendation to the city council to approve or deny the request, or to table the request for additional information for a specified period not to exceed sixty (60) days. Failure of the commission to act on the request within the sixty (60) day period, unless the applicant requests and the commission grants an extension of such time, constitutes commission approval thereof. The recommendation of the commission will be transmitted to the city clerk. The city clerk will promptly transmit the recommendation and the application to the city council for its consideration. In determining whether to recommend approval or denial of the request, the commission will consider whether the proposed conservation district, or the expansion or alteration of the district, has historic or architectural significance to the community.
3. At its next regular meeting following receipt of the recommendation of the commission by the city clerk, the city council will approve or deny the request, or refer the nomination back to the commission for modification. (Ord. 29-14, 3-17-2014; amd. Ord. 40-15, 6-1-2015)
C. Historic And Architectural Significance Guidelines And Review Criteria:
1. The report, "Heritage Of Dubuque", dated March 1974, and filed on record on January 27, 1975, shall be considered as a comprehensive study for the historical preservation of the city and as one of the guides to be considered at such time as a demolition permit is applied for in a reference conservation district. The city of Dubuque's historic property inventory and any subsequent official architectural/historical surveys/evaluations and nominations to the national register of historic places prepared for any buildings located within the conservation districts described in subsection A of this section also shall be considered as guidelines at such time.
2. In determining whether a building has historic or architectural significance, the commission shall consider an application for a demolition permit in accordance with the standards for review set forth in the secretary of the interior's "standards for identification and evaluation", and any subsequent revisions of these standards and guidelines by the secretary of the interior. The commission shall also consider a determination from the state historical preservation office as to the potential eligibility for listing of the building proposed for demolition on the national register of historic places.
D. Economic Guidelines And Review Criteria:
1. In determining whether to approve or deny the application, the commission may consider the information set forth in this subsection. The commission may also investigate strategies which would allow the property owner to earn a reasonable economic return on the property, may solicit expert testimony, and may require that the applicant make submissions concerning any or all of the following information:
a. A bid from a qualified contractor showing the cost of the proposed demolition.
b. A report from a licensed engineer, architect or contractor with experience in rehabilitation as to the structural integrity of any structure that the applicant proposes to demolish.
c. An opinion of the market value and the appraised value of the property by a realtor or appraiser: 1) in its current condition; 2) after completion of the proposed demolition; 3) after renovation of the existing property for continued use; and 4) all appraisals obtained within the last five (5) years for the property.
d. An estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation of the cost: 1) to perform the repairs identified by the building services department and the housing and community development department if the structure contains one or more dwelling units; and 2) to rehabilitate the structure.
e. The amount paid for the property, the date of purchase and the person from whom the property was purchased, a description of the relationship, if any, between the owner of record, the applicant and the person from whom the property was purchased, and the terms of the purchase or proposed purchase, including financing.
f. If the property is income producing, form 1040 schedule E or equivalent for the previous two (2) years.
g. Itemized operating and maintenance expenses for the previous two (2) years, and the depreciation deduction and annual cash flow before and after debt service, if any, during the same period.
h. The name of all mortgagees and the balance of all mortgages or other financing secured by the property and annual debt service, if any, for the previous two (2) years.
i. Any listing of the property for sale or rent, the price asked and offers received, if any, within the previous five (5) years.
j. The assessed value of the property for the previous two (2) assessment years.
k. The amount of real estate taxes assessed for the previous two (2) assessment years and whether or not they have been paid.
l. Any other information considered necessary by the city council to make a determination as to whether the property does or may yield a reasonable economic return to the property owner(s).
m. A statement of the applicant's efforts to obtain financing, tax incentives, preservation grants and other incentives sufficient to allow the applicant to earn a reasonable economic return from the property in its current condition, and after renovation of the existing property for continued use.
n. A statement of the applicant's current maintenance and repair activities.
2. If the application is for any building with one or more dwelling units, the housing and community development department may also make submissions concerning any or all of the above information, including strategies which would allow the property owner to earn a reasonable economic return on the property. The commission shall consider such information.
E. Guidelines And Review Criteria For Applications By State Or Political Subdivision Of State:
1. In determining whether to approve or deny the application, the commission may consider the information set forth in this subsection and any other information the commission considers relevant to balancing any conflicting governmental interests.
2. The commission may require that the applicant make submissions concerning any or all of the following information for the proposed site and suitable alternative location(s):
a. Fair market value of property.
b. Estimate of the cost of the proposed demolition, including hazardous material removal and remediation.
c. Fair market value of any property owned by the governmental body that could be sold if that site is not chosen for the project.
d. Property tax impact of removing private property from the tax rolls at the proposed location and all alternative locations.
e. Any other factors that contribute to making one location more suitable than others for the proposed use.
f. Any other information appropriate to evaluating how all conflicting governmental interests may be accommodated.
g. The need for the use in question, the effect on neighboring property, and the environmental impact of the proposed use.
F. Action: If the commission fails to take action to approve, deny or withhold action on the application within the ninety (90) day period, or such extension as requested by the applicant, the building official shall issue the permit forthwith.
G. Process For Establishment, Expansion Or Alteration Of Conservation District: Any person may make a request to the city council for establishment, expansion or alteration of a conservation district. The process for establishment, expansion or alteration of a conservation district shall be as follows:
1. A written request for the establishment, expansion or alteration of a conservation district shall be submitted to the city clerk. At its next regular meeting following receipt of the request by the city clerk, the city council may approve or deny the request, set the request for consideration at a subsequent meeting, set the request for a public hearing, or refer the request to the commission for a recommendation before voting on the request.
a. If the city council considers the request at a public hearing, a notice of the date, time and location of the hearing shall be published in accordance with Iowa Code section 362.3.
b. The city council may also direct the city clerk to mail a notice of the date, time and location of the meeting at which the city council will consider the request to the property owners of record in the district.
c. If the city council refers the request to the commission, the city council may also direct the secretary of the commission to mail a notice of the date, time and location of the meeting at which the commission will consider the request to the property owners of record in the district.
2. At its next regular meeting, if a referral is made to it by the city council, the commission shall review the request, and make a recommendation to the city council to approve or deny the request, or to table the request for additional information for a specified period not to exceed sixty (60) days. A failure of the commission to take action on the request within the sixty (60) day period, unless the applicant requests and the commission grants an extension of such time, shall constitute commission approval thereof. The recommendation of the commission shall be transmitted to the city clerk. The city clerk shall promptly transmit the recommendation and the application to the city council for its consideration. In determining whether to recommend approval or denial of the request, the commission shall consider whether the proposed conservation district, or the expansion or alteration of the district, has historic or architectural significance to the community.
3. At its next regular meeting following receipt of the recommendation of the commission by the city clerk, the city council shall approve or deny the request.
H. Demolition By Neglect Prohibited: The owner of a building or structure in any conservation district shall preserve and keep in good repair all of the exterior portions of such buildings and structures and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior portion. This shall be in addition to all other provisions of law requiring property and improvements to be kept in good repair. The owner shall repair the building or structure to correct any of the following defects as determined by the building official:
1. Parts which are improperly or inadequately attached so that they may fall and injure persons or property;
2. A deteriorated or inadequate foundation;
3. Defective or deteriorated floor supports or floor supports that are insufficient to carry the loads imposed;
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 deterioration or are insufficient to support the load imposed;
6. Fireplaces and chimneys which list, bulge, or settle due to defect or deterioration or are of insufficient size or strength to carry the 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. Deterioration of any exterior feature so as to create a hazardous condition which could make demolition necessary for the public safety;
12. Deterioration or removal after the effective date hereof of any unique architectural feature which would detract from the original architectural style;
13. Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, wall facings, and architectural details that cause instability, loss of shape and form, or crumbling;
14. Rotting, holes, and other forms of decay; or
15. Leaving a building or structure open or vulnerable to vandalism, decay by the elements, or animal and/or insect infestation. (Ord. 52-09, 10-19-2009; amd. Ord. 40-15, 6-1-2015; Ord. 40-22, 11-21-2022)
At the request of the city council, the commission shall conduct studies and encourage special attention to the public planning, design, construction, and maintenance needs with respect to land use, transportation, public utilities, public facilities, housing, open space, historic preservation, urban design, and other elements of the comprehensive plan in the following conservation planning areas:
A. Phase I Historic And Architectural Survey Area: An area located in the Washington/Jackson/Elm Street area north of the central business district in the Couler Valley, which consists primarily of the Central Avenue, White Street, Jackson Street, Washington Street, Elm Street, Pinard Street, and Kniest Street corridors between 8th and 26th Streets.
B. Phase II Historic And Architectural Survey Area: An area northeast of the original plat of the city of Dubuque with two (2) distinct subareas: the Rhomberg/Eagle Point neighborhood which consists primarily of three (3) streets (Garfield, Rhomberg and Lincoln) running northeast and southwest from Kniest Street to Eagle Point area; and, the Linwood district, which consists of streets located on the hillside between 22nd Street and Linwood Cemetery, from Queen Street to Jefferson Middle School.
C. Warehouse District: The area encompassed by 12th Street on the north, White Street on the west, and U.S. 61/151 on the east. (Ord. 52-09, 10-19-2009; amd. Ord. 40-15, 6-1-2015)
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 this chapter, and whether the commission's action was patently arbitrary or capricious.
E. The city council may affirm 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.
F. 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. 52-09, 10-19-2009; amd. Ord. 40-15, 6-1-2015)
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. 52-09, 10-19-2009; amd. Ord. 40-15, 6-1-2015)