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The City Council finds and declares as a matter of public policy that the preservation, protection, and enhancement of buildings, structures and improvements of historical, cultural, architectural, engineering, political, or social significance located throughout the city are required in the interest of the prosperity, civic pride and general welfare of the citizens of the city. The City Council further finds that the aesthetic, cultural and economic standing of Gaylord would be threatened by disregarding the heritage of the city and by allowing the destruction or defacement of such buildings and structures. Accordingly, the purposes of this chapter are to:
(A) Safeguard the heritage of the City of Gaylord by preserving properties which reflect elements of the city's cultural, social, economic, political, visual, or architectural history;
(B) Provide for the designation, protection, preservation, and rehabilitation heritage landmarks and heritage landmark districts and to participate in federal or state programs to do the same;
(C) Protect and enhance the City of Gaylord's appeal and attraction to residents and visitors;
(D) Strengthen the local economy through the protection and promotion of Gaylord's unique historic character;
(E) Foster knowledge and civic pride in the beauty and noble accomplishments of the past;
(F) Promote the use of historic buildings and structures for the economic prosperity, education, inspiration and general welfare of the people of the city;
(G) Assist, encourage and provide incentives to owners for preservation, restoration, redevelopment and use of historic buildings, structures, objects and sites;
(H) Promote the reuse and recycling of existing building stock in Gaylord and thereby conserve increasingly scarce landfill space and valuable natural resources; and
(I) To encourage new buildings and development that will be harmonious with the existing historic buildings and neighborhoods but will not necessarily be of the same architectural style.
(Ord. 324, passed 11-4-2015; Am. Ord. 324, passed 10-3-2018)
For the purpose of this subchapter the following definitions shall apply to this term as written unless context indicates or requires a different meaning:
ALTERATION. Any act that changes the exterior architectural appearance or exterior feature of a structure, site or area.
ADDITION. Any act or process which changes the exterior architectural features of a building or structure designated for preservation by adding to, joining with, or increasing the size or capacity of the structure.
CERTIFICATE OF APPROPRIATENESS. Written approval by the Heritage Preservation Commission, signed by the city administrator, of a permit application for work that is appropriate and that does not adversely affect an individual heritage landmark or heritage landmark district.
CERTIFICATE OF ECONOMIC HARDSHIP. A certificate issued by the City Council authorizing alterations, construction, relocation, removal or demolition when a landmark, or a building, structure or other improvement within an heritage landmark district, cannot be put to a reasonably beneficial use or the owner cannot obtain a reasonable economic return thereon without the proposed alteration, constriction, relocation, removal or demolition.
COMMISSION. The Gaylord Heritage Preservation Commission created by the City Council.
CONSTRUCTION. The act of altering an existing structure, building an addition to an existing structure, or the erection of a new principal building or accessory structure on a lot or property.
CONTRIBUTING. A classification applied to a site, structure or object within a heritage landmark district signifying that it contributes generally to the qualities that give the heritage landmark district historic or architectural significance as embodied in the criteria for designating a heritage landmark district. A contributing structure has its major character defining features intact and although minor alterations may have occurred they are generally reversible. Historic materials may have been covered but evidence indicates they are intact.
DEMOLITION. Any act or process that partially or totally destroys a landmark or a structure.
DEMOLITION BY NEGLECT. Neglect in maintaining, repairing or securing a historic resource that results in deterioration of an external feature of the resource or the loss of structural integrity of the resource.
HERITAGE LANDMARK DISTRICT. An area designated as a “Heritage Landmark District” by ordinance of the City Council according to the criteria and pursuant to the procedures established within this chapter.
HISTORIC INVENTORY. The comprehensive inventory of landmarks and contributing and
non-contributing structures located in a heritage landmark district.
HISTORIC RESOURCE. Any designated heritage landmark, and any site or structure within a designated heritage landmark district rated as having historic significance or as contributing to a heritage landmark district.
HISTORIC SIGNIFICANCE. Having character, interest or value as part of the development, heritage or culture of the community, county, state or nation, as the location of an important local, county, state or national event, or through identification with a person or persons who made important contributions to the development of the community, county, state or nation.
HERITAGE LANDMARK. A property, site, structure or object designated as a “heritage landmark” by the City Council as having a high degree of historical, cultural and/or architectural significance.
NEW CONSTRUCTION. The building of a new principal building or accessory structure within the heritage landmark district or on a heritage landmark site.
NONCONTRIBUTING. A classification applied to a site, structure, object, or portion thereof, within a heritage landmark district signifying that it does not contribute generally to the qualities that give the heritage landmark district historic or architectural significance as embodied in the criteria for designating a heritage landmark district; was built within 50 years of the date of heritage landmark district designation unless otherwise designated as a landmark; or the major character defining features have been so altered or deteriorated as to make the original and/or historic form, materials and details indistinguishable and alterations are irreversible.
REGISTER. The listing of locally designated properties.
SITE. The location of an event, activity, structure or object.
STRUCTURE. Anything constructed or erected, having a permanent or semi-permanent location on another structure or in the ground, including without limitation buildings, garages, fences, gazebos, advertising signs, antennas, and satellite sending or receiving dishes.
(Ord. 324, passed 11-4-2015; Am. Ord. 324, passed 10- 3-2018)
(A) The Heritage Preservation Commission is hereby established, which shall consist of seven voting members to be appointed by the City Council. Any member appointed to serve on the Commission shall be a resident of the Gaylord community and shall have a demonstrated interest in historic preservation. The composition of the Commission shall include, if available, at least two preservation-related professionals, including the professions of history, architecture, architectural history, archaeology, planning, or landscape architecture. Whenever possible, at least one member should own or reside in a historic property or should own or reside in property in a heritage landmark district. In addition, one member must be a designated representative of the Sibley County Historical society, if available.
(B) The City Council shall initially appoint two members to serve a term of two years, two members to serve a term of three years, and three members to serve a term of four years. All subsequent appointments shall be for a term of four years. Members may be reappointed for consecutive terms. Vacancies shall be filled by City Council within 60 days of the vacancy occurring. The term of a Commission member may be terminated, and a new member appointed in the event the Commission member fails to attend any three consecutive Commission meetings or in the event of failure to attend any four meetings in any 12-month period.
(C) City Council shall set the per diem for the Commission.
(D) The Commission shall elect from its membership a chairperson, vice chairperson and secretary, who's terms of office shall be fixed by bylaws adopted by the Commission. The chairperson shall preside over meetings of the Commission and shall have the right to vote. The vice chairperson shall, in cases of absence or disability of the chairperson, perform the duties of the chairperson. The secretary shall keep a record of all resolutions, proceedings and actions of the Commission.
(E) Four members of the Commission shall constitute a quorum for the transaction of business.
(F) Each member of the Commission shall be entitled to one vote. The affirmative vote of a majority of Commission members present at a meeting shall be required for the approval of plans or the adoption of any resolution, motion or other action of the Commission.
(G) The Commission shall make bylaws, not inconsistent with local or state law, as it deems advisable and necessary for the conduct of its affairs and for the purpose of carrying out the intent of this subchapter. Such rules shall provide for the time and place of regular meetings and for the calling of special meetings.
(H) The Commission shall hold regular meetings, but no less than four per year. In addition, the Commission shall meet at its earliest convenience, when called by the Chair, to review such building permits or applications as are referred to it by the City Building Official or City Administrator. All meetings of the Commission shall be open to the public.
(I) No member of the Commission shall participate in the hearing or disposition of any matter in which he or she has an economic interest.
(J) To accomplish the intent and purpose of this ordinance, the City of Gaylord shall provide the Commission with adequate staff support and supplies.
(Ord. 324, passed 10-3-2018)
The Commission shall have the following powers and duties:
(A) Review properties nominated for designation as a heritage landmark or heritage landmark district, and make recommendations to the City Council regarding historic designations.
(B) Review and provide comments and recommendations on nominations of properties to the National Register of Historic Places.
(C) Review and issue a certificate of appropriateness, when appropriate, on any application for alterations, moving or demolishing a designated heritage landmark or contributing property or noncontributing property in a heritage landmark district.
(D) Conduct surveys and maintain a roster of historic resources which shall include a description of the characteristics of the resources which justified its designation, and a description of the particular features that should be preserved, and shall include the location and boundaries of the resource.
(E) Review and comment to City Council on land use, housing, and redevelopment, municipal improvement and other types of planning and programs undertaken by any agency of city, county or state governments, as they relate to historic resources in the City of Gaylord.
(F) Work for the continuing education of the citizens of the City of Gaylord with respect to the civic and architectural heritage of the city.
(G) Act in a resource and advisory capacity to owners of historic resources regarding their preservation, restoration, and rehabilitation.
(H) May make recommendations to City Council on the acceptance of grants and gifts given for heritage preservation purposes.
(I) May review and make recommendations to City Council on proposed amendments to the zoning ordinance as it relates to historic resources or heritage landmark districts.
(J) Make recommendations to City Council on proposed amendments to this subchapter.
(K) Prepare an annual report by October 31 for the submission to City Council and the Minnesota State Historic Preservation Office concerning the work of the Commission during the preceding year.
(L) Be informed about and provide information to the public and city staff on the use of various Federal, state, local and private funding sources available to promote landmark preservation and other incentives for preservation of heritage landmarks, including legislation, regulations and codes which encourage the use and adaptive re-use of heritage landmarks.
(M) May make recommendation to City Council that designated properties or historic resources be acquired by purchase, gift or by eminent domain.
(N) Due to peculiar conditions of design and construction in historic neighborhoods, it may be in the public interest to retain a neighborhood's historic appearance by making variances to normal requirements. Where it is deemed that such variances will not adversely affect neighboring properties, the commission shall recommend to the planning and zoning commission that such variance to standard requirements be made.
(O) Due to peculiar conditions of design and construction of historic buildings it may be in the public interest to retain the economic viability of a historic building by making exceptions to normal requirements. Where it is deemed that such exceptions will be no more hazardous based on life safety, fire safety and sanitation than the existing building, the Commission shall recommend to the building official that such exceptions to standard requirements be made.
(Ord. 324, passed 11-4-2015; Am. Ord. 324, passed 10- 3-2018)
The Commission shall ensure that:
(A) The annual report is prepared by October 31 of each year as required in accordance with M.S. 471.193, Subd. 6 for submission to the Minnesota State Historic Preservation Office and shall file a copy with the City Administrator for distribution to the City Council.
(B) The list of all areas, places, buildings, structures, lands, districts, or other objects which have been designated as Historic Resources will be kept up to date.
(C) An updated catalogue of all known publications, articles, books, pamphlets, policies, or other materials having a direct bearing on the Heritage Preservation Program for the City of Gaylord shall be kept and made reasonably available by city staff at City Hall.
(D) The Commission will work in cooperation with the Sibley County Historical Society to fulfill these requirements.
(Ord. 324, passed 11-4-2015; Am. Ord. 324, passed 10- 3-2018)
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