Loading...
§ 150.02 OPT-OUT OF M.S. § 462.3593.
   Pursuant to authority granted by M.S. § 462.3593 Subd. 9, the city opts-out of the requirements of M.S. § 462.3593, which defines and regulates temporary family health care dwellings.
(Ord. 506, passed 8-8-16)
HERITAGE PRESERVATION
§ 150.15 DECLARATION OF PUBLIC POLICY AND PURPOSE.
   (A)   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 special historical interest or value is a public necessity, and is required in the interest of the health, safety, welfare and prosperity of the people.
   (B)   The purpose is this subchapter 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 or architectural history;
      (2)   Protect and enhance the city's appeal to residents, visitors and tourists, and serve as a support and stimulus to business and industry;
      (3)   Foster civic pride in the beauty and notable accomplishments of the past; and
      (4)   Promote the preservation and continued use of historic sites and structures for the education and general welfare of the people of the city.
(Ord. 275, passed 7-16-90)
§ 150.16 HERITAGE PRESERVATION COMMISSION.
   (A)   Established. The Heritage Preservation Commission is established for the purpose of making recommendation, advising and thus assisting the City Council in identifying and preserving buildings and lands within the city, including the city limits as changed from time to time by lawful annexation or lawful detachment.
   (B)   Membership.
      (1)   There shall be four members of the Commission. The initial members shall be appointed two for one-year terms each and two for two-year terms each. Thereafter, appointments to two-year terms shall be made annually to fill expired terms. Members may serve for three successive terms. Nothing shall prevent members of the Area Historical Society, Inc., from serving as members of this Commission, but any such common membership shall not be in derogation of the separate autonomy of the Area Historical Society, Inc. One member of this Commission shall at all times be a member of the County Historical Society as provided in M.S. § 471.193(5).
      (2)   The Heritage Preservation Commission membership shall be drawn from persons with demonstrated interest or expertise in historic preservation. If available in the community, at least two members of the Heritage Preservation Commission shall be preservation related professionals including, but not limited to, the professions of history, architecture, architectural history, archaeology, planning, real estate, design, building trades, landscape architecture or law. Commission appointments shall be made by the Mayor and approved by simple majority vote of the City Council at any duly convened meeting thereof.
   (C)   Powers and duties. The powers and duties of the Commission shall be as enumerated under M.S. §471.193, as amended and as may be legally delegated or assigned by the City Council amendments to this chapter.
   (D)   Organization. The Commission when formed shall elect from its members such officers as it deems necessary. The Commission shall have the power to designate and appoint from its members various committees with powers and duties of the Commission. The Commission shall makes rules and regulations as it deems advisable and necessary for the conduct of its affairs, for the purpose of carrying out the intent of this chapter, but are not inconsistent with the city and the laws of the state. The Commission shall make an annual report including a statement of its activities and plans to the Mayor, City Council, City Administrator, Building Official and chairperson of the County Historical Society and such other reports at such frequencies as directed by the City Council resolution.
   (E)   Fiscal responsibility. The Commission shall incur no financial obligation for which public funds are to be expended or which may result in city obligations without the prior express authorization of the City Council.
(Ord. 275, passed 7-16-90)
§ 150.17 ADDITIONAL POWERS AND DUTIES OF COMMISSION.
   The Commission shall have the following powers and duties in addition to those otherwise specified in this chapter:
   (A)   The Commission shall conduct a continuing survey of all areas, places, buildings, structures or objects in the city which the Commission, on the basis of information available or presented to it, has reason to believe are significant to the cultural, social, economic, political or architectural history of the city.
   (B)   The Commission shall conduct general preservation planning to determine needed and desirable improvements of historical buildings through the city, acting in a resource and advisory capacity to owners of such buildings regarding their preservation, restoration and rehabilitation.
   (C)   The Commission shall work for the continuing education of the citizens of the city with respect to the civic and architectural heritage of the city. It shall keep current and public a register of all properties which have been designated heritage preservation sites, along with the plans and program that pertain to them. The Commission may also make recommendations as to additional buildings or structures to be designated as heritage preservation sites.
   (D)   The Commission may accept, on a strictly gratis basis, the services of technical experts and such persons as may be required for the Commission to effectively perform its duties. In all cases where obligations or expenses are to be incurred, such shall have the prior approval of the City Council.
   (E)   The Commission, consistent with express city policy, has the authority to accept gifts and contributions and to assist city staff in the preparation of applications for grant funds for the purpose of heritage preservation.
   (F)   The Commission shall on a continuing basis collect and review all city planning and development records, documents, studies, models, maps, plans and drawings to be entered in the Public Library Historical Archives as a permanent record of the city history and development.
(Ord. 275, passed 7-16-90)
§ 150.18 DESIGNATION OF HERITAGE PRESERVATION SITES.
   (A)   Reports. The Council, upon request of the Heritage Preservation Commission, may direct the Planning Commission in cooperation with other city commissions having an interest in the matter to prepare studies which catalog buildings, land, areas, districts and other objects to be considered for designation as heritage preservation sites.
   (B)   Criteria. The Commission shall recommend to the City Council areas, buildings, districts or objects to be designated heritage preservation sites. In considering the designation of heritage preservation sites, the Commission shall apply the following criteria:
      (1)   Its character, interest or value as part of the development, heritage or cultural characteristics of the city, state and the United States.
      (2)   Its location as a site or contributing element in proximity to a site of a significant historic event or process.
      (3)   Its embodiment of distinguishing characteristics of architectural style, period form or treatment.
      (4)   Its identification with a person or persons who significantly contributed to the culture and development of the city.
      (5)   Its embodiment of elements of architectural design, detail, materials or craftsmanship which represents distinctive architectural innovation.
      (6)   Its unique location or singular physical characteristics representing an established and familiar aspect of a view, vista, site, area or district in the city.
   (C)   Planning Commission review. The Heritage Preservation 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, its opinions as to the effect of the proposed designation upon the surrounding neighborhood, and its opinion and recommendation as to any other planning consideration which may be relevant to the proposed designation, together with its recommendation of approval, rejection or modification of the proposed designation. Such recommendation shall become part of the official record concerning the proposed designation and shall be submitted by the Heritage Preservation Commission along with its recommendation concerning the proposed designation to the City Council. The Heritage Preservation Commission may make such modifications, changes and alterations concerning the proposed designation as it deems necessary in consideration of the recommendations of the Planning Commission.
   (D)   Communication with State Historical Society. A copy of the Heritage Preservation Commission's proposed designation 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 Historical Society in accordance with M.S. § 471.193(6), as amended.
   (E)   Findings and recommendations. The Heritage Preservation Commission shall determine if the proposed heritage preservation site is eligible for preservation as determined by the criteria specified in division (A) of this section, and if the Heritage Preservation Commission recommends to the City Council that the site be designated for heritage preservation, the Commission shall transmit to the City Council its recommendations and proposed program for the heritage preservation site.
   (F)   Council designation; hearings. The City Council, upon the request of the Heritage Preservation Commission, may by resolution designate a heritage preservation site. Prior to such designation, the City Council shall hold a public hearing, notice of which shall have been published in a newspaper of general circulation at least 20 days prior to the date of the hearing, and notice of the hearing shall be mailed to all owners of property which is proposed to be designated a heritage preservation site and to all property owners within 350 feet of the boundary of the area to be designated a heritage preservation site.
   (G)   Acquisition. The Heritage Preservation Commission may recommend to the City 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 other legal means as provided for in M.S. Chapter 117. It shall be the City Council's decision as to whether or not a property is to be acquired.
(Ord. 275, passed 7-16-90)
§ 150.19 REVIEW OF PERMITS.
   (A)   Generally. The Heritage Preservation Commission shall review and advise the City Council upon the issuance of city permits. Every application for a building permit in relation to property in the city which has been designated as a heritage preservation site shall be accompanied by detailed plans for the proposed work to be done, immediately referred by the Building Official's office to the Commission.
   (B)   Type of building activity to be reviewed.
      (1)   Remodel or repair in any manner that will change the exterior appearance of the building or site;
      (2)   Construction;
      (3)   Moving a building;
      (4)   Demolition in whole or part; or
      (5)   Repair, removal, replacement or erection of exterior signs.
   (C)   City activity. The Heritage Preservation Commission shall review and make recommendations concerning all activity in the city to change the nature or appearance of any building, structure or sign within any designated heritage preservation site.
   (D)   Standards.  
      (1)   No building or structure, including signs shall be erected, reconstructed, substantially altered, or restored, which have been designated a heritage preservation site or a part thereof, unless the same is reviewed by the City Council acting upon the advice of the Commission established in this subchapter as being architecturally compatible with historical or architectural aspects of the site. In reviewing any proposed erection, reconstruction, alteration or restoration, the general purpose shall be to maintain the integrity of the designated sites.
      (2)   The Secretary of the Interior's standards shall be utilized in developing and implementing these standards of review.
      (3)   In reviewing any proposed erection, reconstruction, alteration or restoration, the general purposes shall be to maintain the integrity of designated properties as follows, as long as the general purposes are consistent with the Secretary of Interior's standards:
         (a)   Every reasonable effort shall be made to provide a compatible use for a property which 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 original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features shall be avoided when possible.
         (c)   All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
         (d)   Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significant in their own right, and this significance shall be recognized and respected.
         (e)   Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.
         (f)   Deteriorated architectural features shall be repaired rather than replaced, wherever 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.
(Ord. 275, passed 7-16-90) Penalty, see § 10.99
Loading...