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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)
(A)
The process for nominating buildings, sites, structures, objects and districts for designation as heritage landmarks shall be initiated by the Heritage Preservation Commission with the consent of the property owner. The Heritage Preservation Commission shall apply the following criteria for designation as heritage landmarks or heritage landmark districts:
(1) For a property to qualify for designation as a heritage landmark or heritage landmark district, it must be:
(a) At least 50 years old. A landmark may be exempted from this age standard if it is found to be exceptionally important in terms of other significant criteria in this section;
(b) Associated with events that have made a significant contribution to the broad patterns of Gaylord history;
(c) Associated with the lives of persons significant in our past;
(d) Embody the distinctive characteristics of a type, period, or method of construction, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or
(e) Have yielded, or may be likely to yield, information important in prehistory or history; and
(f) A heritage landmark district must consist of two or more buildings, structures or sites meeting the criteria for landmark designation, and may also include other buildings, structures or sites which, although they may not qualify for individual landmark designation, contribute to the overall visual character of the area and to its architectural or historic significance.
(g) For heritage landmark districts, at least 50% of the owners of property within the district boundaries must consent to the landmark district designation, or the designation process shall be discontinued.
(2) Evaluation of significance shall apply the heritage landmark eligibility criteria within appropriate historic context.
(3) Evaluation results shall be made available to the public.
(B) After the Commission recommends designation as a landmark and before the City Council approves or disapproves the nomination application, no permit shall be issued for alteration, construction, removal or demolition of the proposed landmark unless a certificate of appropriateness is issued. However, if the City Council does not approve or disapprove the nomination application within 60 days of the Commission's recommendation, a certificate of appropriateness shall not be required after expiration of this 60 day period.
(C) The Commission shall forward its recommendations, together with its findings of significance and eligibility, and with the comments of the Planning Commission and of the State Historic Preservation Office, to the City Council. The City Council, upon the request of the Commission, may, by ordinance, designate a Heritage Landmark or Heritage Landmark District.
(D) No nomination application relating to the same property will be entertained by the Commission for six months following City Council disapproval.
(E) The City Administrator shall record with the Sibley County Recorder the legal description of all buildings, lands, or areas designated as Historic Resources by the Council, and shall send a copy to the building official.
(F) Properties listed on the Gaylord Register shall be recorded on official zoning records with an “HL” (for Heritage Landmark) designation. This designation shall not change or modify the underlying zone classification.
(G) Evaluation of properties within heritage landmark districts: individual properties within heritage landmark districts shall be classified as: Contributing/historic (contributes to the district in terms of design, historical association, and/or setting); contributing non-historic (a property less than 50 years old which complements and does not detract from the overall character of the district in terms of design, historical association, and/or setting); non-contributing (a property which detracts from the district in terms of design, style, building type, historical association, and/or setting).
(H) The owner of a heritage landmark or a contributing property with in a designated heritage landmark district shall keep the property in good repair.
(I) Removal of heritage landmark designation: under no circumstances shall the City Council remove the heritage landmark status. Properties shall not be removed from designated status except in cases where there has been a procedural or professional error in the designation process or where the property has been destroyed or radically altered.
(J) Designated heritage landmark sites. Pursuant to the procedures set forth in the this section the following parcels are designated as Heritage Landmark sites:
(1) Sibley County Courthouse and Sheriffs Residence and Jail (added 1988 to the National Register of Historic Places - #88003071) 400 Court Street and 319 Park Avenue, Gaylord.
(2) Gaylord City Park including picnic shelters, civic monuments, a WPA era bridge and culvert, roller rink and a 1940 band shell (added 2012 to the National Register of Historic Places) bounded by the lakeshore on the north and Park Avenue and Veteran's Drive on the south, Gaylord.
(Ord. 324, passed 11-4-2015; Am. Ord. 324, passed 10- 3-2018)
(A) To protect designated heritage landmarks and heritage landmark districts, the heritage preservation commission shall review all applications for city permits for the following types of work in relation to a designated heritage resource:
(1) Demolition of any building or structure, in whole or in part;
(2) Moving a building or structure to another location;
(3) Excavation, grading, or earth moving in areas containing significant archaeological resources;
(4) New construction; and
(5) Exterior remodeling work that will substantially alter or destroy any distinguishing historical features of a building, site, structure, object, or district.
(B) No city permits for the types of work described in the subsection above will be issued without a certificate of appropriateness approved by the heritage preservation commission and signed by the city administrator evidencing compliance with the city's heritage preservation plan and the plan of treatment for individual heritage landmarks and landmark districts. Certificates of appropriateness may be granted subject to conditions.
(C) The Heritage Preservation Commission shall complete their review of certificate of appropriateness applications within 60 days of the application.
(D) A certificate of appropriateness may be issued administratively upon the approval of the City Administrator in consultation with the Chair or Vice-Chair of the Commission for minor repairs, alterations, painting or other changes that will have no impact on historic and architectural resources. From time to time, the Commission may recommend, and the City Council may approve, a description of such minor repairs, alterations or changes for which a Certificate of Appropriateness maybe issued administratively.
(E) The Heritage Preservation Commission shall review plans for public works projects and applications for zoning permits in relation to properties designated or determined eligible for designation as heritage landmarks or landmark districts to assure compliance with the goals and policies of the city preservation plan.
(F) All decisions of the Heritage Preservation Commission and staff with respect to approval or denial of certificates of appropriateness shall be subject to review by the city council. Any party aggrieved by the denial of a certificate of appropriateness shall have a right to appeal such decision directly to the City Council by filing a written notice of appeal with the City Administrator. Upon receipt of the notice of appeal, the city administrator shall transmit a copy to the Heritage Preservation Commission.
(G) A certificate of appropriateness shall be invalid if:
(1) The plans approved by the Commission or the City Council are changed in any material way;
(2) Any conditions of the certificate of appropriateness are not satisfied; or
(3) Any building permit issued for the approved work becomes invalid.
(H) Violations of the provisions of this chapter or the conditions of approval granted thereunder shall be a misdemeanor. This chapter may also be enforced by injunction, abatement, or any other appropriate remedy in any court of competent jurisdiction.
(I) All design review decisions relating to certificates of appropriateness shall be in compliance with the Secretary of the Interior's standards for the preservation, rehabilitation, restoration, and reconstruction of historic properties, and the plans of treatment adopted for heritage landmarks and landmark districts (see § 31.28). The Heritage Preservation Commission shall make every effort to follow the Secretary of Interior's guidelines without causing undue hardship to the property owner.
(J) Signage shall be designed to enhance and complement the historic character of buildings within a heritage preservation district. Prior to issuance of a sign permit for a new sign or replacement of an existing sign, the applicant shall complete an application for a certificate of appropriateness. The proposed sign shall meet the following:
(1) All sign permits for property within a local historic district shall comply both with the requirements of this chapter and the Zoning Ordinance.
(2) Signs shall be positioned so they are an integral design feature of the building which means that signs shall help define and enhance the architectural features of the building and shall not destroy architectural details, such as but not limited to, stone arches, glass transom panels, or decorative brickwork. Signs may be placed only in the horizontal lintel “sign space” above the store front windows, or within window glass, attached to awnings, or in areas where signs were historically attached.
(3) External illumination of signs is permitted. Illumination shall emit a continuous white light that prevents direct light from shining onto the street. The use of internally lit signs, such as, but not limited to, backlit plastic, is not permitted. Public service time and/or temperature signs are exempt from this standard.
(4) All freestanding signs which comply with the requirements of the Zoning Ordinance shall be located, sized, and landscaped so that they do not obscure the view of historic resources.
(5) Awning or canopy signs may be used with a wall sign if the sign on the awning/canopy is either less than seven square feet in size or eight inches in height, is in the lowest section of the awning/canopy and is parallel to the building.
(6) Historic projecting signs are allowed within the Heritage Preservation District if it meets all the following criteria:
(a) Maximum size shall be six square feet per sign face, and shall not extend more than five feet beyond the wall of the building.
(b) No part of the projecting sign and supports shall be less than eight feet above grade nor higher than two-thirds of the height of the building to which it is attached or 15 feet above grade, whichever is higher.
(c) Supporting brackets shall be designed to be compatible to the sign and bolted whenever possible into masonry joints in order to avoid damaging brick or other stonework.
(7) A-frame style signs shall be permitted provided they meet the following standards:
(a) Such signs shall be no larger than ten square feet in sign area per side.
(b) Such signs shall not be higher than four feet or wider than two and a half feet.
(c) Such signs shall only be displayed during business hours.
(d) Such signs may be placed on private property or on the public sidewalk near the place of business but must provide at least five feet of clearance on the sidewalk for pedestrian movement.
(e) Only one such sign shall be allowed per zoned lot.
(f) Such signs shall complement and enhance the architectural qualities of the building and shall be compatible and consistent with the facade of the building and other permanent signage on the building.
(K) Awnings within the public right-of-way may be permitted within the historic district provided the following criteria are met:
(1) Awnings extending above the public right-of-way shall have a minimum vertical clearance of eight feet above the sidewalk.
(2) Residential awnings shall be constructed of canvas, cloth or equivalent. Non-residential awnings shall be constructed of canvas, other equivalent cloth, metal or glass.
(3) Awnings shall be integrated structurally and architecturally into the design of the facade and not obscure the character-defining features of historic facades.
(4) The following shall be prohibited:
(a) A single continuous awning that connects two buildings.
(b) Back-lit or internally lit awnings.
(Ord. 324, passed 10-3-2018)
(A)
The demolition or moving of heritage landmarks shall be discouraged. The Commission may, however, after careful consideration of the effect of the move on the heritage landmark in question and on the entire heritage landmark district, issue a certificate of appropriateness for moving or demolition of a heritage landmark or contributing structure of a heritage landmark district.
(B) In applications involving the demolition or relocation of a heritage landmark, provision shall be made for a public hearing as set forth in this chapter.
(C) Upon receiving an application concerning the demolition or relocation of a heritage landmark or a contributing site located in an heritage landmark district, the Commission within 90 days after receipt of the application shall either approve or deny such application, or find that the preservation and protection of heritage landmarks and the public interest will best be served by postponing the demolition or relocation for a designated period, which shall not exceed 180 days from the receipt of the application, and notify the applicant of such postponement.
(D) Within the period of postponement of such demolition of any heritage landmark or contributing site, the Commission shall take steps to ascertain what the City Council can or may do to preserve such building, including consultation with private civic groups and interested private citizens and including investigation of the potential use of the power of eminent domain when the preservation of a given building is clearly in the interest of the general welfare of the community and of certain historic and architectural significance. The Commission may also request a reuse study be completed to determine potential reuses of the building proposed to be demolished.
(E) For review of a certificate of appropriateness for relocating or demolition, the Commission shall use the following general criteria. In order for the Commission to approve relocating or demolition of a heritage landmark or contributing site, at least one of the following requirements must be met:
(1) Despite evidence of the owner's efforts to properly maintain the structure, retention of the resource constitutes a hazard to public safety that cannot be eliminated by economic means available to the owner, including the sale of the structure on its present site to any purchaser willing to preserve the structure.
(2) Preservation of the resource is a deterrent to a major improvement program that will be of substantial benefit to the community.
(3) Retaining the resource will cause an undue and unreasonable financial hardship to the owner, taking into account the financial resources available to the owner including the sale of the structure to any purchaser willing to preserve the building. The applicant shall provide proof of financial hardship as required and defined by the Commission.
(F) In determining whether reasonable alternatives exist, the Commission shall consider, but not be limited to, the integrity of the property and the economic value or usefulness of the existing structure, including its current use, costs of renovation and feasible alternative uses.
(G) In addition to the general criteria listed in division (E) the applicant must also demonstrate:
(1) If requesting demolition, that the structure cannot be practically moved to another site in Gaylord.
(2) If requesting relocation, that structure can be moved without significant damage to its physical integrity and the applicant can show the relocation activity is the best preservation method for the character and integrity of the structure.
(H) Prior to issuance of a certificate of appropriateness for demolition or relocation of a building or structure, a plan for the use of the property being vacated by the proposed demolition or relocation shall be submitted and approved by the commission. The approval of a certificate of appropriateness for demolition or relocation may be conditioned on issuance of a certificate of appropriateness for the new construction on the site.
(Ord. 324, passed 11-4-2015; Am. Ord. 324, passed 10- 3-2018)
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