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A. Appointments:
1. The commission shall consist of an odd number of members, no fewer than five (5) in number, all of whom are residents or owners of real property within the city of Waterloo. The specific number of members shall be as determined in the commission's bylaws. All of said members shall be appointed by the mayor and approved by the city council.
2. Each historic district and preservation district shall be represented by at least one member appointed from among persons owning property in the district. Other members shall be chosen at large. Each member shall possess a demonstrated special interest, experience or education in the preservation of historic resources, history, architecture or archaeology. The commission's members shall include, as available, licensed architects or professionals in the fields of history, architectural history, planning or archaeology.
3. No more than one member of the city's planning, programming and zoning commission shall serve on the commission.
B. Terms:
1. The term for each member shall be three (3) years. No member of the commission shall serve more than two (2) consecutive terms, but a member may be reappointed to one or more additional terms upon extraordinary circumstances and/or unavailability of applicants. The appointment of members shall be staggered, with no fewer than two (2) being appointed in any given year.
2. Vacancies occurring in the commission, other than by expiration of term of office, shall be filled only for the unexpired term.
3. Each member shall serve until the appointment of a successor.
C. Compensation: Members shall serve without compensation.
D. Organization:
1. The commission shall elect from its membership a chair and vice chair whose terms of office shall be one year. The chair and vice chair may serve for more than one term, but no member shall serve as chair for more than two (2) consecutive years.
2. The chair shall preside over meetings and shall have the right to vote in the event of a tie only. The vice chair shall, in cases of absence or disability of the chair, perform the duties of the chair. A simple majority vote of members at any meeting at which a quorum is present shall be sufficient to pass a motion.
3. Staff to the commission shall serve as secretary. The secretary shall record each meeting, take minutes and keep a record of all applications, resolutions, proceedings, and actions of the commission.
E. Other Operating Procedures:
1. Annually, the commission shall prepare a report to the city council summarizing the activities of the commission in the past year and shall present it to the city council. The report should state the status of preservation in the city and recommend any improvements the commission deems necessary.
2. Members of the commission shall participate in training programs from time to time. These may include special commission study sessions, which shall not be regularly scheduled meetings, and other training programs provided in the state or nation. At a minimum, all members shall attend one training session annually. (Ord. 5057, 7-11-2011)
A. A quorum shall consist of a simple majority of all members of the commission.
B. The commission shall hold at least one public meeting each month, unless there is no business to transact, at such times as the commission shall establish in its bylaws.
C. The commission shall transact business at regular meetings, or at special meetings held only when the chair or three (3) members declare a need exists. One day written or oral notice to the members of the time, place, and reason(s) for said meeting must be given. Further notice to the public shall be posted at least twenty four (24) hours in advance of the meeting.
D. All regular and special meetings of the commission shall be open to the public, and any person shall be entitled to appear and be heard on a matter before the commission reaches its decision.
E. Except as otherwise set forth in this chapter, written notice to the general public of any meeting or hearing shall be posted at least twenty four (24) hours in advance of the meeting or hearing. Except as otherwise set forth in this chapter, written notice to an applicant or other specific person required by this chapter shall be mailed by first class mail no less than four (4) days in advance of the meeting or hearing to the recipient's last known address or the address as it appears in the records of the county auditor. Failure to send notice by mail to any person entitled to notice shall not invalidate any proceedings that occur at the meeting or hearing for which notice is given if the address of such person is not known or does not appear in the county auditor's records.
F. Members of the commission shall attend at least two-thirds (2/3) of all regular and special scheduled meetings within any twelve (12) month period. If any member attends fewer meetings, it may constitute grounds for the commission to recommend to the city council that the member be replaced. Attendance of all members shall be entered in the minutes.
G. No commission member shall participate in the discussion or vote on any matter that has the appearance of a current or anticipated, direct or indirect, financial or material effect on his or her property, income, or business interests or on the property, income, or business interests of any person related to a member by blood or marriage within the third degree of consanguinity. The commission member shall be responsible for notifying the chair and secretary of a possible conflict of interest prior to the commission taking any action on the matter. (Ord. 5057, 7-11-2011)
The commission shall have the following duties and may exercise the following powers:
A. Shall adopt its own bylaws or procedural regulations consistent with state and federal guidelines.
B. Shall maintain a system for and conduct an ongoing identification and evaluation of historically, archaeologically, culturally, and architecturally significant buildings, structures, objects, sites and districts and shall establish and oversee a property inventory that complies with the property inventory of the state of Iowa and is available for public inspection and use.
C. May research and recommend to the city council the adoption of ordinances designating buildings, structures, sites, objects, or areas as historic landmarks.
D. May research and recommend to the city council the adoption of ordinances designating areas as historic districts or preservation districts.
E. Shall keep a register of all buildings, structures, objects, sites, and districts that have been designated as historic landmarks or historic districts. The register shall include all information required for each designation.
F. May determine an appropriate system of markers for designated historic landmarks, historic districts and preservation districts.
G. In addition to funds regularly budgeted to the commission each year, may request from the city council funds for the operation of programs that meet the purposes and intent of this chapter. The commission may also apply for grants or seek other funding for these operations.
H. Shall from time to time establish written design standards and/or guidelines, subject to approval by the city council, which approval shall be by resolution.
I. Shall review and make decisions on any applications for certificates of no material effect, certificates of appropriateness, or certificates of economic hardship, and shall require presentation of such plans, drawings, elevations, and other information as may be necessary to make such decisions.
J. Shall review actions or activities that are subject to city regulation and that affect proposed or designated buildings, structures, objects, and sites, or buildings, structures, objects and sites within historic districts or preservation districts, including, but not limited to, zoning amendments, proposed plats, applications for special use permits, and applications for zoning variances, and after review, submit a recommendation to the appropriate city board or commission.
K. Shall make a recommendation to the state historic preservation officer for the listing of a historic district or historic landmark in the national register of historic places and shall conduct a public hearing thereon.
L. May promote public interest in the purposes described in this chapter by carrying on a public education program, which can include:
1. Assisting and encouraging any organization or individual that desires to protect, enhance or preserve the use of structures, sites and areas of historic and/or cultural significance;
2. Encouraging and assisting in the establishment of educational and cultural programs, tours and events to advance the purpose described in this chapter;
3. Encouraging and assisting in the use of incentive programs, historic preservation techniques, and historic preservation resources that aid property owners and residents in the preservation of their historic and/or culturally significant structures or districts;
4. Making recommendations to the city council and city commissions and boards on preservation issues when appropriate.
M. May, subject to approval of the city council:
1. Acquire by purchase, bequest, or donation total or lesser ownership or possessory interests in historic properties, including properties adjacent to or associated with historic properties;
2. Preserve, restore, maintain, and operate historic properties under the ownership or control of the commission;
3. Lease, sell, and otherwise transfer or dispose of historic properties, including properties subject to rights of public access or other covenants, in a manner that will preserve such properties;
4. Cooperate with the federal, state, and local governments in pursuance of the objectives of historic preservation, and enter contracts with federal, state, or local governments or other organizations to carry out the purposes and intent of this chapter;
5. Accept unconditional gifts and donations of real and personal property, including money, for the purpose of historic preservation.
N. May exercise any other power or undertake any other duty authorized by the city council. (Ord. 5057, 7-11-2011)
A. Nomination:
1. Historic Landmarks: The nomination of historic landmarks shall be made by the property owner, the commission, or any other person or organization.
2. Historic Districts: The nomination of historic districts shall be made by an owner of record of property within a proposed historic district, the commission, or any other person or organization. The nomination shall be supported by the written consent of no less than twenty five percent (25%) of the record owners of properties in the proposed historic district.
3. Preservation Districts: The nomination of preservation districts shall be made by an owner of record of property within a proposed preservation district, the commission, or any other person or organization. The nomination shall be supported by the written consent of no less than twenty five percent (25%) of the record owners of properties in the proposed historic district.
B. Content Of Landmark Nominations: All nominations shall be made on forms supplied by the commission. Nominations must be complete when submitted to the commission. An incomplete nomination will be returned to the applicant. A landmark nomination must contain the following:
1. A completed Iowa site inventory form with all attachments or a national register of historic places nomination form for a property listed on the national register;
2. Photographic documentation of the property at the time of nomination;
3. A scale map showing the location of the property within the city at the time of nomination;
4. A scale map of the property showing the proposed boundaries, extant buildings, structures, objects, and sites within the property at the time of nomination;
5. Statements and documentation that the property meets one or more of the historic significance criteria.
C. Content Of District Nominations: All nominations for historic districts and preservation districts shall be made on forms supplied by the commission. Nominations must be complete when submitted to the commission. An incomplete nomination will be returned to the applicant. A district nomination must contain the following:
1. Completed Iowa site inventory forms with all attachments for all buildings, structures, objects, and sites within the proposed district or, for a historic district only, a national register of historic places nomination form for a historic district listed on the national register;
2. Photographic documentation of all properties in the proposed district at the time of nomination;
3. A scale map showing the location of the proposed district within the city at the time of nomination;
4. A scale map of the proposed district showing the proposed boundaries, extant buildings, structures, objects, and sites within the district at the time of nomination;
5. A list of names and addresses of owners of record of all properties within the district; and
6. Statements and documentation that the proposed district meets one or more of the historic significance criteria.
D. Procedure:
1. Public Review: All nominations shall be available for public review at city hall.
2. Notice Of Public Hearing: Written notice of a public hearing before the commission on a nomination shall be sent by regular mail not less than four (4) nor more than twenty (20) days prior to the hearing, addressed to the person making the nomination and to each owner of record of the nominated historic landmark or to each owner of record of property within a nominated historic district or preservation district. Written notice shall also be posted at least twenty four (24) hours prior to the public hearing. Failure to send notice by mail to any property owner entitled to notice shall not invalidate any proceedings in connection with the proposed designation if the address of such person is not known or does not appear in the county auditor's records. Written notice shall specify the date, time, place, and purpose of the public hearing and shall include a visual depiction of the area included within any proposed district.
3. Public Hearing Before Commission: Within sixty (60) days after receipt of a completed nomination in proper form, the commission shall hold a public hearing. Oral or written testimony concerning the significance of the nominated historic landmark, historic district or preservation district shall be taken from any interested person. The commission may request expert testimony, consider staff reports, present its own evidence, and conduct such other investigation as it deems necessary regarding compliance of the nominated historic landmark, historic district or preservation district with the review criteria set forth in this section. The owner of any nominated historic landmark or of any property within a nominated historic district or preservation district shall be allowed a reasonable opportunity to present evidence and to cross examine expert witnesses.
4. Determination By Commission: Within thirty (30) days after the close of the public hearing, the commission shall make a determination upon the evidence as to whether the nominated historic landmark, historic district or preservation district meets one or more of the historic significance criteria. If the nominated landmark or district meets one or more of the criteria, the commission will recommend designation. If the nominated landmark or district does not meet the criteria, the commission will not recommend designation. The commission's determination shall be made in an open meeting by resolution of the commission and shall be reduced to the form of a written report that states the findings of fact constituting the basis of the determination. The commission's recommendation of designation and its supporting report shall be filed with the planning, programming, and zoning commission. The commission shall also transmit to the planning, programming, and zoning commission a proposed ordinance or amendment establishing such historic landmark, historic district or preservation district and describing its location and boundaries by address and legal description.
5. Review By SHPO: A proposed ordinance or amendment of designation of a historic landmark, historic district or preservation district shall be submitted to SHPO for review and comment within three (3) days of the commission's transmittal of same to the planning, programming and zoning commission. The city shall make any SHPO recommendations available to the public for viewing during normal working hours at a city government place of public access.
6. Action By Planning, Programming And Zoning Commission: Within sixty (60) days of receipt of the commission's recommendation, report, and proposed ordinance or amendment, the planning, programming and zoning commission shall report to the city council with respect to the relation of such nomination to the general development plan, zoning ordinance, proposed public improvements, and any plans for the renewal of the area involved. A written copy of this report shall be submitted to the historic preservation commission. Upon submission of the report of the planning, programming and zoning commission, or upon expiration of the sixty (60) day period, whichever occurs first, the matter shall be transmitted to the city council. If the planning, programming and zoning commission alters the area of the proposed district as approved by the historic preservation commission, the planning, programming and zoning commission must submit a description of the altered proposed area to SHPO and the historic preservation commission for further review and recommendations concerning the altered proposed district.
7. Removal From Consideration: At any time before the city council adopts an ordinance or amendment to establish a proposed historic district or preservation district, the proposal shall be withdrawn from further consideration if a petition objecting to such proposal is filed with the city clerk containing the signatures of at least fifty percent (50%) of the owners of property within the proposed new district or, in the case of an existing district that is proposed to be enlarged, at least fifty percent (50%) of the owners of property within the existing district and the area proposed to be added thereto.
8. Action By City Council:
a. Upon receiving the recommendation of SHPO and upon either the receipt of the recommendation of the planning, programming, and zoning commission or the lapse of the sixty (60) day period referred to in subsection D6 of this section, the city council shall conduct a public hearing on the ordinance or amendment establishing the proposed historic landmark, historic district or preservation district.
b. After public hearing, the city council may approve or disapprove the ordinance or amendment or return the nomination to the historic preservation commission for modification. A modified nomination shall require compliance with the same procedure for designation as set forth above, with the following exceptions:
(1) Unless substantial modifications are proposed, the public hearing before the historic preservation commission may be waived by said commission. For purposes of this subsection D8b(1), a "substantial modification" to a proposed historic district or preservation district is one that would add or remove an area of land that is at least ten percent (10%) of the area originally proposed for inclusion in such district, or that would, in the reasonable judgment of the commission, alter the purpose or integrity of such district, and a "substantial modification" to a proposed historic landmark is one that would, in the reasonable judgment of the commission, alter the purpose or integrity of such landmark.
(2) Only the property owners affected by the city council's proposed modification shall be notified by mail of the proposed modification prior to action by the historic preservation commission.
c. City council approval of the ordinance or amendment shall constitute designation of the historic landmark, historic district or preservation district. The designation will be forwarded to the city clerk for recording, and the designation and nomination will be filed in the city's property inventory.
E. Amendment Or Rescission Of Designation: Any designation made pursuant to this chapter may be amended or rescinded in the same manner as the original designation was made. An amendment of designation of a historic landmark, a historic district or a preservation district may occur if one or more buildings, structures, objects or sites are added. A rescission of designation may occur if the historic landmark, historic district or preservation district no longer meets the historic significance criteria due to subsequent discovery of information relating to the historic significance or due to destruction of the historic property by act of God or other unintentional cause.
F. Extension Of Time: Whenever any provision of this chapter requires any governmental body, within a prescribed period of time, to make a determination or to perform any act in relation to a nomination, the applicant and the commission may extend such period by mutual written consent of the involved parties, which consent shall be kept on file with the official record of the proceedings. (Ord. 5057, 7-11-2011)
A. Any proposed alteration or activity that will affect a historic landmark or a building, structure, object, or site within a historic district or preservation district, and for which a regulated permit or site plan approval is required, or which affects any landscaping, door, window, or screen, regardless of whether a regulated permit is required, shall be reviewed by the commission. Notwithstanding the foregoing, nothing in this chapter shall be construed to prevent ordinary maintenance or repair of any historic landmark or structure or site within a historic district or preservation district where such maintenance or repair does not involve a material change in appearance that necessitates issuance of a regulated permit or site plan approval or that does not involve a material change in appearance as a result of any alteration of or to landscaping or a door, window, or screen.
B. The commission shall also review any proposed demolition for which a regulated permit is required if the proposed demolition affects a building, structure, object, or site that has not been locally designated as a historic landmark but: 1) is then under review pursuant to a filed nomination for designation, 2) has been listed on the national register of historic places, 3) for which a national register of historic places nomination is on file with the commission, or 4) has been determined as eligible for listing on the national register of historic places by SHPO.
C. No regulated permit or site plan approval with respect to a historic landmark or a building, structure, object, or site within a historic district may be issued prior to review by the commission and filing of a certificate of no material effect, a certificate of appropriateness, or a certificate of economic hardship. Upon review, the commission shall have authority to deny any application or to grant any of such certificates.
D. In cases where a historic landmark or a building, structure, object, or site within a historic district or preservation district may be located in an area subject to review by a separate board, commission or other body in the city of Waterloo, the commission shall, in connection with making its final decision, hear and consider the recommendations of such board, commission, or body. (Ord. 5057, 7-11-2011)
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