(A) Public policy. The City Council hereby declares as a matter of public policy that the preservation, protection, perpetuation and use of areas, places, buildings, structures and other objects having a special historical, community or aesthetic interest of value is a public necessity and is required in the interest of the health, prosperity, safety and welfare of the community. The purpose of this section is to:
(1) Safeguard the heritage of the city by preserving sites and structures which reflect elements of the city’s cultural, social, economic, political, visual and architectural history;
(2) Protect and enhance the city’s appeal and attraction to residents, visitors and tourists and serve as a support and stimulus to business and industry;
(3) Enhance the visual and aesthetic character, diversity and interest of the city;
(4) Enhance the economic viability of heritage preservation landmarks and districts through the protection and promotion of their unique character;
(5) Foster civic pride in the beauty and notable accomplishments of the past; and
(6) Promote the preservation and continued use of historic sites and structures for the education and general welfare of the people of the city.
(B) Establishment and composition.
(1) A Heritage Preservation Commission composed of seven members is hereby continued as heretofore established for the city and under the supervision of the Council which commission is authorized by M.S. § 471.193, subd. 2, as it may be amended from time to time. All appointments thereto shall be made for a term of two years.
(2) One member of this Commission should, if available in the community, be a member of the county’s Historical Society. At least two members, if available in the community, should be preservation-related professionals (including the professions of history, architecture, architectural history, archeology, planning, real estate, design, building trades, landscape architecture or law). A member of the Planning Commission and the City Planner of the city should be ex-officio non-voting members of the Commission and not included in the number. Members must be persons who have demonstrated an interest or expertise in historic preservation.
(C) Power and duties. The powers and duties of the Commission include the powers authorized by M.S. § 471.193, subd. 3, as it may be amended from time to time. No power may be exercised by the Commission which is contrary to state law, the Charter or the code. No action of the Commission may contravene any provision of the city’s zoning or planning ordinances unless expressly authorized by ordinance. The Commission may also recommend to the Council buildings (including interiors where appropriate), lands, areas, districts or other objects to be designated or described for heritage preservation in the city, as follows.
(1) The Commission shall cause to be prepared studies or surveys which would catalogue the buildings (including interiors where appropriate), lands, areas, districts or other objects to be considered by the city for heritage preservation.
(2) The Commission shall have the authority to solicit gifts and contributions to be made to the city and to assist in the preparation of application for grant funds to be made to the city for the purpose of heritage preservation.
(3) For every building or district designated for heritage preservation, the Commission shall prepare a guideline for utilization of the property.
(4) The Commission shall make no application to the National Register without the consent of the Council.
(D) Designation for preservation.
(1) Reports. Prior to recommending a site or district to the Council for designation, amending a designated site or district or nominating a site or district to the National Register of Historic Places, a report shall be made which catalogs the building(s) (including interior(s) where appropriate), land(s), area(s), district(s) or other object(s) to be preserved in the city for heritage preservation.
(2) Criteria. The Commission shall recommend to the Council buildings (including interiors where appropriate), lands, areas, districts or other objects to be designated or described for heritage preservation. In considering the designation of heritage preservation sites, the Commission shall apply the following criteria. Preservation sites must meet at least one of the following criteria:
(a) Its character, interest or value as part of the development, heritage or cultural characteristics of the city, state or the United States;
(b) Its location as a site of a significant historical event;
(c) Its identification with a person or persons who significantly contributed to the culture and development of the city, state or the United States;
(d) Its embodiment of distinguishing characteristics of an architectural style, period, form or treatment;
(e) It is identified as the work of an architect or master builder whose individual work has influenced the development of the city;
(f) Its embodiment of elements of architectural design, detail, materials or craftsmanship which represents a significant architectural innovation; and
(g) Its unique location or singular physical characteristic represents an established and familiar visual feature of a neighborhood, community or the city as a whole.
(3) Planning Commission review. The Commission shall advise the Planning Commission of the proposed designation of a heritage preservation site, including boundaries and a program for the preservation, restoration or rehabilitation of the site and secure from the Planning Commission its recommendation with respect to the relationship of the heritage preservation designation to the comprehensive plan of the city. The Planning Commission will render its opinion as to the effect of the proposed designation upon the surrounding neighborhood and any other planning consideration which might be relevant to the proposed designation. The Planning Commission shall then recommend to approve, reject or suggest modifications to the proposed designation. The recommendation shall become part of the official record concerning the proposed designation and shall be submitted by the Commission along with its recommendation concerning the proposed designation to the Council. The Commission may make modifications, changes and alterations concerning the proposed designation as it deems necessary in consideration of the recommendations of the Planning Commission.
(4) Communications with the state’s Historical Society. A copy of the Commission’s proposed designation and design guidelines of a heritage preservation site, including boundaries and a program for the preservation, restoration or rehabilitation of the site shall be sent to the state’s Historical Society in accordance with state statutes.
(5) Hearings. Prior to the designation, the Council shall hold a public hearing, notice of which shall have been published in a newspaper of general circulation at least ten days prior to the date of hearing and notice shall be sent to owner of property being considered for designation.
(6) Communication with the Council. The Commission shall determine if the proposed heritage preservation site is eligible for heritage preservation as determined by the criteria specified in division (D)(2) above. If the Commission recommends to the Council that the site be designated for heritage preservation, the Commission shall present to the Council any necessary reports on the site along with a guideline for utilization of the site.
(7) Council designation. The Council, after review of the reports and guideline for utilization of the site and considering any evidence adduced at the hearing, shall determine by ordinance or resolution whether or not to designate or describe the specific buildings (including interiors where appropriate), lands, areas, districts or other objects to be designated or described for heritage preservation.
(8) Acquisition. The Commission may recommend to the Council, after review and comment by the Planning Commission, that certain property eligible for designation as a heritage preservation site be acquired by gift, negotiation or by eminent domain as provided for in M.S. Ch. 117, as it may be amended from time to time.
(E) Review of permits. The Commission shall review any building permits issued by the city to do any of the following in a building or area or district designated for heritage preservation in the city:
(1) Remodel or repair in any manner that will change the exterior appearance and/or interior where designated;
(2) Move a building;
(3) Destroy a building in whole or in part;
(4) Change the nature or appearance of a preserved area;
(5) In reviewing any permit, the Commission shall adhere to the guidelines established by the Secretary of the Interior’s Standards for Rehabilitation, as amended.
(a) Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the building structure or site and its environment, or to use a property for its originally intended purpose.
(b) The distinguishing historic qualities or character of a building, structure or site and its environment shall be preserved. The removal or alteration of any historic material or distinctive architectural features shall be avoided.
(c) All buildings, structures, objects and sites shall be recognized as products of their own time, place and use. Proposed alterations which seek to create or add features inconsistent to the building’s, structure’s, object’s or site’s era shall be discouraged.
(d) Changes which may have taken place in the course of time that have acquired historic significance in their own right shall be retained and preserved.
(e) Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, object or site shall be preserved.
(f) Deteriorated historic features shall be repaired rather than replaced, whenever 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.
(g) The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other chemical means that could damage the historic fabric of the building, structure, object or site shall be avoided.
(h) Contemporary design for alterations and additions to existing properties shall not be discouraged when alterations do not destroy significant historical, architectural or cultural material, and the design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.
(i) Whenever possible, new additions and adjacent or related new construction shall be done in a manner that if alterations are removed in the future, the historic integrity of the designated building, structure, object or site would remain unimpaired.
(j) Significant archaeological resources affected by a project shall be protected and preserved. If resources must be disturbed, mitigation measures shall be undertaken.
(6) The Commission shall review the permits by holding a public hearing, notice of which shall have been sent to the property owners involved. Every application for a building permit in relation to property designated for heritage preservation in the city shall be accompanied by plans for the proposed work to be done; and
(7) After conducting the public hearing, the Commission shall render its decision thereon in writing to the Council, with a copy to the Building Inspector and a copy to the applicant. If the Commission shall have disapproved the plans, the Building Inspector shall not issue the permit. If the Commission shall disapprove the plans, its written order of disapproval shall include recommendations for changes to be made or what other further consideration should be given to the plan before the Commission’s approval would be given. If no action upon the plans submitted to the Commission has been taken at the expiration of 60 days from the date of the application for building permit, and submission of plans, the plans shall have been deemed to be approved and, if all other requirements of the city have been met, the Building Inspector shall authorize the permit for the proposed building. The Building Inspector, upon receipt from the Commission of its decision, shall forthwith forward to the Council for placing on its agenda at its next regular meeting the application for permit as submitted to the Building Inspector.
(F) Certificate of no change.
(1) An applicant for a building permit requiring the approval of the Heritage Preservation Commission may elect to dispense with the requirements of notice to the property owners, public hearing and approval by the full Commission if the applicant is eligible for a certificate of no change. The certificate of no change may be issued by the Commission, in the manner provided in division (F)(2) below, if the proposed property alteration is limited to:
(a) Maintenance, construction or reconstruction where all surface materials and other visible elements are to be replaced with identical materials and where the replacement materials will be installed to the original configuration;
(b) Out of view construction of a minor nature which, although involving some visible alteration to a structure, introduces no significant change to the existing architectural character. OUT OF VIEW shall be defined as any alteration located on a minor or secondary elevation or surface and where the architectural significance of the structure is not impaired to any measurable degree;
(c) A change to any structure built after 1970 located within a historic district, and which change does not affect the essential character of the structure or adjacent historic structures. For example: the no-change process shall be available to summarily approve changes to windows, entrances, doors and the like, but not to changes in height, coloration, mossing or encroachment towards historic properties; and
(d) Emergency repairs of a temporary nature to structures affected by fire, vehicle damage, vandalism, windstorm or the like. Approval shall be limited to alterations necessary to make the structure wind-tight, water-proof and free from unauthorized entry. Approval shall extend only for a period deemed necessary by the approving Commissioners up to a maximum of six months.
(2) The procedure for obtaining a certificate of no change shall be as follows.
(a) The applicant shall submit a written application on forms provided by the Commission. The applicant may be asked to provide:
1. Photographs of the structure and area to be altered;
2. An illustration or drawing of the proposed construction; and
3. A sample or appropriate product literature of the materials to be used.
(b) The application, when completed with the above-described supporting materials, shall be forwarded to the Heritage Preservation Commission Chair and two Commission members appointed by the Chair.
(c) Within 14 calendar days after receipt of a written application, pursuant to divisions (F)(1)(a) through (F)(1)(c) above, the Commission members shall either deny the certificate of no change or express their unanimous approval. If no response is made within 14 calendar days after receipt of the written application, the application shall automatically be deemed approved by the Commission. Within three working days after receipt of a written application, pursuant to division (F)(1)(d) above, the Commission members shall respond to the request for a certificate of no change. If no response is made within three business days after receipt of the written application, the application shall automatically be deemed approved by the Commission.
(d) Following any denial, any applicant may submit a revised application for a certificate of no change or submit an application for regular consideration by the full Commission using standard procedures for a public hearing.
(e) No published notice to the public or other notice to the property owners shall be required to obtain a certificate of no change.
(f) A summary of any certificates of no change shall be given to all members of the Commission at each Commission meeting.
(G) Review of permit by Council. The Council, upon receipt of the building permit application and the report of the Commission, shall, in its sole discretion, decide whether the building permit shall be issued. If the Commission has recommended disapproval of the permit, the Council, before approving plans for any proposed building located or to be located in a district, shall make findings in regard to the following:
(1) In case of a proposed alteration or addition to an existing building that the alteration or addition will not materially impair the architectural or historic value of the building, and shall make findings considering the existing structure and existing exterior appearance, building height, building width, depth or other dimensions, roof style, type of building materials, ornamentations, paving setback and color;
(2) In case of the proposed demolition of a building, prior to the approval of the demolition, the Council shall make 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 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 case of a proposed new building, that the building will not in itself, by reason of its location on the site, materially impair the architectural or historic value of buildings on adjacent sites or in the immediate vicinity within the preservation district;
(4) In case of code enforcement, the Council shall determine that the proposed alteration, addition, demolition or new building is for the health, safety and welfare of the general public and is necessary to meet the laws of the city and the state; and
(5) In the case that the area or districts cannot be preserved without acquisition, the city may acquire the property in question by gift, by negotiation or by eminent domain, as provided for in applicable state law.
(H) Recording of designated areas. The City Administrator shall record with the County Recorder the legal description of all buildings, lands or areas designated for historic preservation by the Commission.
(I) Reports to the state’s Historical Society. In addition to submitting all proposed site designations and design guidelines to the state’s Historical Society, the Heritage Preservation Commission will be required to submit an annual report to the state’s Historical Society by October 31 of each year summarizing the Commission’s activities, including designations, review and other activities during the previous 12 months.
(2002 Code, § 2.35)