For purposes of this chapter, the following definitions shall apply unless the context clearly indicates otherwise:
ALTERATION: Any act or process that changes the exterior architectural or environmental features of a building, structure, object, site, or area, including, but not limited to, the addition to, erection, excavation, construction, reconstruction, restoration, rehabilitation, removal, or demolition of any building, structure, object, or site, or part thereof.
AREA: A specific geographic division of the city of Waterloo.
BUILDING: Any structure built for the support, shelter, or enclosure of persons, animals, or property of any kind.
CERTIFICATE OF APPROPRIATENESS: A document issued by the commission that evidences its approval, or approval with modification, of plans for an alteration that: a) will require a regulated permit or, regardless of whether a regulated permit is required, will affect landscaping or a door, window, or screen for a door or window, and b) will cause a material change in appearance or the removal of a historic landmark or of a building, structure, object, or site within a historic district.
CERTIFICATE OF ECONOMIC HARDSHIP: A document issued by the commission that evidences its determination that an alteration: a) requires a regulated permit or, regardless of whether a regulated permit is required, will affect landscaping or a door, window, or screen for a door or window, b) will cause a material change in appearance, or the removal or demolition, of a historic landmark or a building, structure, object or site within a historic district or preservation district, c) has resulted or would result in denial of an application for a certificate of appropriateness, and d) if not allowed to proceed, would result in the owner being deprived of any reasonable economic return on the property.
CERTIFICATE OF NO MATERIAL EFFECT: A document issued by the commission that evidences a determination that plans for an activity that requires a regulated permit or, regardless of whether a regulated permit is required, will affect landscaping or a door, window, or screen for a door or window: a) is not an "alteration", "construction", "removal", "demolition", or "excavation", as such terms may be defined by this chapter, and b) does not cause a material change in the appearance or exterior features of a historic landmark or of a building, structure, object, or site within a historic district or preservation district.
CHANGE IN APPEARANCE: A change that will affect either the exterior architectural or environmental features of a historic landmark or of any building, structure, object, site, landscape feature, or work of art within a historic district or preservation district, including those located on publicly owned property or in street or highway right of way and as to which the change is not required by applicable law for reasons of public health or safety. By way of illustration only, the following may constitute a change in appearance that is material:
A. A reconstruction or alteration of the size, shape, or facade of a historic landmark, including replacement or relocation of any doors or windows or removal or alteration of any architectural features, details, or elements.
B. Demolition or relocation of a historic landmark.
C. Commencement of excavation for construction purposes.
D. A change in the location of advertising visible from the public right of way.
E. The erection, alteration, restoration, or removal of any building or other structure within a historic landmark, historic district or preservation district, including walls, fences, steps, pavements, or other appurtenant features.
CITY COUNCIL: The city council of the city of Waterloo, Iowa.
COMMISSION: The Waterloo historic preservation commission, as established by this chapter and by title 2, chapter 9 of this code.
CONSTRUCTION: Any act or process that adds an addition, including, but not limited to, additional height, to an existing structure or erects a new principal or accessory structure on a site. "Construction" includes the placing of construction materials in a permanent position and fastening them in a permanent manner.
DEMOLITION: The act or process or pulling down, destroying, removing, or razing a structure or commencing the work of total or substantial destruction.
DESIGN STANDARDS AND GUIDELINES: A standard of acceptable activity that will preserve or rehabilitate the prehistoric, historic, architectural, archeological, or cultural character of a historic landmark, a historic district, a preservation district, or a building, structure, object, or site in a historic district or preservation district. Guidelines shall include design standards and/or guidelines adopted by resolution of the city council, design standards and/or guidelines specified in the ordinance or amendment designating a historic landmark, historic district or preservation district, the secretary of the interior's standards and guidelines for the treatment of historic properties, the secretary of the interior's standards for preservation and guidelines for preserving historic buildings, the secretary of the interior's standards for rehabilitation and guidelines for rehabilitating historic buildings, and any subsequent revisions of said standards and guidelines by the secretary of the interior.
EXCAVATION: The digging out or removal of earth or soil.
EXTERIOR ARCHITECTURAL FEATURES: The architectural style and the general design and arrangement of the exterior of a structure, including, but not limited to, the kind, color, and texture of the building material and the type, style, and arrangement of all windows, doors, light fixtures, signs, and other appurtenant fixtures, features, details, or elements relative to the foregoing.
EXTERIOR ENVIRONMENTAL FEATURES: All those aspects of the landscape or the development of a site that affect the historical character of the property.
HISTORIC DISTRICT: A significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically by plan or physical development. This area must contain contiguous pieces of property under diverse ownership, which meets one or more of the historic significance criteria and has been officially designated as a historic district by ordinance pursuant to the procedures set forth in this chapter. A historic district differs from a preservation district in that: a) the regulation of this chapter with respect to a historic district applies to all exterior architectural or environmental features and is not limited to those features that are visible only from public rights of way, and b) the preservation standards applicable to a historic district are intended to be more rigorous, and are intended to be interpreted with a more broad view of whether a proposed alteration is material in its effect, than is true with preservation standards applicable to a preservation district.
HISTORIC LANDMARK: A building, structure, object, or site that meets one or more of the historic significance criteria and has been designated as a historic landmark by ordinance pursuant to the procedures set forth in this chapter.
HISTORIC SIGNIFICANCE CRITERIA: Analytical factors used in determining if a building, structure, object, site, or district is historically significant. The criteria apply to the quality of significance in American history, architecture, archaeology, engineering, and culture that is present in buildings, structures, sites, or districts that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and:
A. That are associated with events that have made significant contributions to the broad patterns of our history; or
B. That are associated with the lives of significant persons in the past; or
C. That embody the distinctive characteristics of a type, period, or method of construction, that represent the work of a master, that possess high artistic value, or that represent a significant and distinguishable entity whose components may lack individual distinction; or
D. That have yielded, or may be likely to yield, information important in history or prehistory.
INTEGRITY: The original, unaltered, or historically altered appearance of a structure, site, or area when taken as a whole.
LANDSCAPING: Any activity that modifies the visible features of a site, apart from principal and accessory buildings, including, but not limited to, trees, shrubs, and woody vines, landforms, terrain shape and elevation, nonvegetative ground cover and overlayments, bodies or courses of water, structures, fences and objects. Vegetation other than trees, shrubs and woody vines does not constitute "landscaping" for purposes of this chapter.
LOCAL DESIGNATION: The process set forth in section 9-8-6 of this chapter by which historic landmarks, historic districts and preservation districts are identified and designated.
NATIONAL REGISTER OF HISTORIC PLACES: A listing maintained by the U.S. department of the interior, national park service, of buildings, structures, objects, sites, and districts determined to be significant in American history, architecture, archeology, engineering, and culture. Listing of a building, structure, object, site, or district on the national register of historic places is distinct from "local designation" as defined in this chapter.
OBJECT: As distinguished from buildings and structures, those constructions that are primarily artistic in nature or are relatively small in scale and simply constructed. Although it may be movable by nature or design, an object is associated with a specific setting or environment.
OWNER: The person or legal entity listed in the public records as owner for purposes of taxation, and shall be construed to include an owner of record.
PRESERVATION: The act or process of applying measures necessary to sustain the existing form, integrity, and materials of a historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses on the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. New exterior additions are not within the scope of a preservation treatment; however, the limited and sensitive upgrading of mechanical, electrical and plumbing systems and other code related work to make properties functional is appropriate within a preservation project.
PRESERVATION DISTRICT: A significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically by plan or physical development. This area must contain contiguous pieces of property under diverse ownership, which meets one or more of the historic significance criteria and has been officially designated as a preservation district by ordinance pursuant to the procedures set forth in this chapter. A preservation district differs from a historic district in that: a) the regulation of this chapter with respect to a preservation district is limited to exterior architectural or environmental features that are visible from public rights of way, not including alleys, and b) the preservation standards applicable to a preservation district are intended to be less rigorous, and are intended to be interpreted with a more narrow view of whether a proposed alteration is material in its effect, than is true with preservation standards applicable to a historic district.
PROPERTY INVENTORY: A file of information about buildings, structures, sites, objects and districts in the city of Waterloo, including, but not limited to, completed Iowa site inventory forms, national register of historic places nominations, reports of survey and evaluation projects and contexts developed for the city, officially designated city of Waterloo landmark and historic district nominations, and other germane information.
REASONABLE ECONOMIC RETURN: A fair and equitable stream of income or appreciation in value, as compared to properties of similar location, use, or structures, under generally prevailing economic conditions in the city of Waterloo.
REGULATED PERMIT: An official document or certificate issued by the building official, city engineer, or other city official pursuant to provisions of the building code or other ordinance or regulation that authorizes the performance of a specified activity.
REHABILITATION: The act or process of making possible a compatible use for a property through repairs, alterations, and additions while preserving those portions or features that convey its historical, cultural, or architectural value.
REMOVAL: Any relocation of a building, structure, or object on its site or to another site.
REPAIR: Any act or process that: a) does not require a building permit, b) is not construction, removal, excavation, or demolition, and c) does not involve a material change in appearance as a result of any alteration of or to landscaping or a door, window, or screen for a door or window.
SHPO: The state historic preservation office of the state historical society of Iowa, a division of the Iowa department of cultural affairs.
SITE: The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historic, cultural, or archeological value regardless of the value of any existing structure.
STRUCTURE: Anything constructed or erected that requires permanent or temporary location on or in the ground, including, but not limited to, buildings and appurtenant structures, such as landscape features and sidewalks; lampposts and streetlights; fences; advertising signs and billboards; telecommunications antennas; dishes and towers; swimming pools; and solar collectors. A structure also includes any improvements on publicly owned property. (Ord. 5057, 7-11-2011)