HomeMy WebLinkAbout02/28/2011Council Work Session
February 28, 2011
4:20 p.m.
Council Chambers
Roll Call.
Approval of Agenda, as proposed or amended.
1. Historic Preservation Ordinance Proposal.
ADJOURNMENT
Suzy Schares
City Clerk
Summary:
In an effort taboth modernize and encourage historic preservation, the Historic
Preservation Commission (HPC) has been working on rewriting both the existing
Historic Preservation Ordinance as well as the Design Guidelines for Historic Buildings.
Over the past two years, the HPC has worked with both State Historic Preservation
Office and City Attorney Chris Wendland in order to construct this document.
In order to further encourage historic preservation, the commission would like to add the
option of a Preservation District in addition to the already existing Historic Districts.
Although similar, a Preservation District would differ from a Historic District in that only
elements visible from the right-of-way would be regulated, with the goal of preserving
the appearance of a historic neighborhood while allowing greater use of materials than
traditionally allowed in a historic district. The HPC has noted that there are many areas in
Waterloo that might be interested in creating a district if fewer regulations are in place
then a traditional Historic District.
Section:
9-8-1
Purpose and Intent
1. Changed some wordings, generally similar to former ordinance.
9-8-2 - Definitions
1. Added Certificate of economic hardship
2. Defined change in appearance
3. Further define Historic District
4. Added Definition of Historic Landmark
5. Added Historical Significance Criteria
6. Added "trees, shrubs, and woody vines, landforms, terrain shape and elevation,
non -vegetative ground cover and overlayments, bodies or courses of water,
structures, fences and objects" to landscaping definition.
7. Added definition of Preservation district
8. Added many other definitions to replace the verbage and clairify the wording of
the document.
9-8-3 - COMMISSION COMPOSITION AND MEMBERSHIP
1. Lowers the minimum number of members to 5 from 7.
2. Lowers the HPC commissioners serving on the P&Z Commission from (2) to (1).
(Currently there are no P&Z Commissioners on the HPC)
9-8-4 MEETINGS:
No significant changes
9
9-8-5 COMMISSION POWERS AND DUTIES:
1. (G) New language added to allow the HPC to apply for grants and seek other
means of funding for the operation of programs that meet the purposes of Historic
Preservation.
2. (L) May promote public interest in the purposes of Historic Preservation.
3. (N) May exercise any other power or undertake any other duty authorized by the
city council.
9-8-6 IDENTIFICATION AND DESIGNATION OF HISTORIC LANDMARKS,
HISTORIC DISTRICTS AND PRESERVATION DISTRICTS:
1. Adds Historic Landmarks and Preservation Districts as items that can be
nominated and explains the content needed for nomination of Landmarks and
Districts.
2. Explains procedure for creating a District.
3. Removes the requirement that 51 % of the ownership of properties within the
proposed District must approve.
9-8-7 ALTERATION OF HISTORIC LANDMARKS, HISTORIC DISTRICTS AND
PRESERVATION DISTRICTS:
1. Similar to current Ordinance Sec 18 %2-11
9-8-8 PROCEDURE FOR REVIEW; ISSUANCE OF CERTIFICATES OF NO
MATERIAL EFFECT, APPROPRIATENESS, AND ECONOMIC HARDSHIP:
1. Adds instructions for obtaining a certificate of economic hardship including
standards for determination
2. Adds Demolition regulations for Historic Landmarks, buildings or structures.
3. Establishes a time limit of 1 year to start work with a certificate of
appropriateness or economic hardship.
9-8-9 APPEALS FROM COMMISSION ACTION
1. No significant changes
9-8-10 REMEDY OF DANGEROUS CONDITIONS:
1. Similar to current Ordinance 18 '/2 -9
9-8-11 COMPLIANCE WITH CERTIFICATE
1. Similar to 18 '/2 -15 in current Ordinance.
9-8-12 FEES
1. Establishes the HPC to charge fees upon the submission of an application for a
certificate of appropriateness or a certificate of economic hardship.
2. The applicant shall pay a fee in an amount determined from time to time by
resolution of the City Council.
9-8-13 VIOLATIONS AND PENALTIES
1. Similar to 18 /2 -14 of current Ordinance
9-8-14 COMPLIANCE WITH EXISTING ZONING REGULATIONS
1. Similar to 18 /2 -16 of current Ordinance
DRAFT
ORDINANCE NO.
AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY
OF WATERLOO, IOWA, BY REPEALING CHAPTER 9, HISTORIC
PRESERVATION COMMISSION, OF TITLE 2, BOARDS AND COMMISSIONS,
AND REPEALING CHAPTER 8, HISTORIC PRESERVATION, OF TITLE 9,
BUILDING REGULATIONS; AND ENACTING IN LIEU THEREOF A NEW
CHAPTER 9, HISTORIC PRESERVATION COMMISSION, OF TITLE 2, BOARDS
AND COMMISSIONS, AND A NEW CHAPTER 8, HISTORIC PRESERVATION, OF
TITLE 9, BUILDING REGULATIONS.
BE IT ORDAINED by the City Council of the City of Waterloo, Iowa:
That Chapter 9, Historic Preservation Conunission, of Title 2, Boards and Commissions, and
Chapter 8, Historic Preservation, of Title 9, Building Regulations, all in the 2007 Code of
Ordinances of the City of Waterloo, Iowa, are hereby repealed in their entirety; and that a new
Chapter 9, Historic Preservation Commission, of Title 2, Boards and Commissions, and Chapter
8, Historic Preservation, of Title 9, Building Regulations, in the current Code of Ordinances of
the City of Waterloo, Iowa, are hereby enacted in lieu thereof as follows:
TITLE 2
CHAPTER 9
HISTORIC PRESERVATION COMMISSION
2-9-1: COMMISSION CREATED:
There is hereby created and established, as provided in Iowa Code § 303.34, a historic
preservation commission to carry out the purposes and to exercise the powers and duties as set
forth in Title 9, Chapter 8, of this code.
TITLE 9
CHAPTER 8
HISTORIC PRESERVATION
9-8-1: PURPOSE AND INTENT:
The purpose of this chapter is to:
(a) Protect, enhance, and perpetuate those buildings, sites, and districts that represent or
reflect special elements of the city's cultural, social, economic, and architectural history;
(b) Safeguard the city's historic, aesthetic, and cultural heritage as embodied and reflected in
such buildings, sites, and districts;
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(c) Strengthen the city's economy by encouraging the stabilization, improvement,
preservation, or rehabilitation of designated properties, districts or sites;
(d) Protect and enhance the city's historic, cultural, and architectural heritage for tourists and
visitors and thereby support and stimulate business and industry;
(e) Promote the use of historic buildings, sites and districts for the education, pleasure, and
general welfare of the people of the city;
(f) Promote attention to sound design principles in areas of new development and
redevelopment, and raise the level of community understanding and expectation for
quality in the built environment; and
(g) Integrate historic preservation with the city's comprehensive land use plan.
9-8-2: DEFINITIONS:
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.
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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 Chapter 2, Title 9, of this Code of Ordinances.
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
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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
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(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, non -vegetative 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
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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; lamp posts and street lights; 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.
9-8-3: COMMISSION COMPOSITION AND MEMBERSHIP:
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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 (1) 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.
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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.
9-8-4: MEETINGS:
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 (1) 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
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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.
9-8-5: COMMISSION POWERS AND DUTIES:
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
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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.
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9-8-6: IDENTIFICATION AND DESIGNATION OF HISTORIC LANDMARKS, HISTORIC
DISTRICTS AND PRESERVATION DISTRICTS:
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.
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.
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;
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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. 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
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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.
6. 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.
7. 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.
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 60-day period referred to in paragraph 7 above, 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
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of this paragraph, 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.
9-8-7: ALTERATION OF HISTORIC LANDMARKS, HISTORIC DISTRICTS AND
PRESERVATION DISTRICTS:
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.
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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 asa historic landmark but (i) is then under review pursuant to_a filed
nomination for designation, (ii) has been listed on the National Register of Historic Places, (iii)
for which a National Register of Historic Places nomination is on file with the commission, or
(iv) 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.
9-8-8: PROCEDURE FOR REVIEW; ISSUANCE OF CERTIFICATES OF NO MATERIAL
EFFECT, APPROPRIATENESS, AND ECONOMIC HARDSHIP:
A. Application for a Regulated Permit. Application for a regulated permit shall be made to the
appropriate city official. The application shall state whether the proposed alteration or activity is
to be done to a historic landmark or to a building, structure, object, or site in a historic district or
preservation district. The appropriate city official shall verify the determination and notify the
applicant if an application for a certificate of appropriateness is required. An application for
certificate of appropriateness shall be on a form prescribed by the city, shall be completed, and
shall include all supporting drawings, sketches, photographs, and/or other information the city
determines is necessary for considering the application, including but not limited to the
following:
1. Site plan or improvement plan, with proposed building elevations (drawn to scale).
2. Photographs of existing and historic building conditions.
3. Product literature and specifications.
4. Samples of proposed materials and colors.
Upon filing of an application for a certificate of appropriateness, the appropriate city official
shall promptly transmit the application and all supporting materials to the commission. The
commission will not consider an incomplete application.
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B. Alterations Not Requiring a Regulated Permit. If any proposed alteration or activity that will
affect a historic landmark or building, structure, object, or site within a historic district or
preservation district does not require a regulated permit but does affect landscaping or any door,__
window, orscreen for a door or window, then an application for a certificate of appropriateness
shall be filed with the city's planning, programming and zoning office, which shall transmit the
application to the commission.
C. Certificate of No Material Effect. A certificate of no material effect may be issued if an
application for a certificate of appropriateness demonstrates compliance with design standards
and guidelines, provided that the proposed work or activity will not result in a material change in
appearance or, with respect to preservation districts only, will result in an alteration that is not
visible from the public right-of-way. The commission may, in its bylaws, delegate to one or
more commission officers, a committee of the commission, or to an appropriately qualified city
employee the responsibility for determining whether the application qualifies for a certificate of
no material effect. If the application so qualifies, the recommendation of the designated persons
or committee shall be placed on a consent agenda for action at the next regularly scheduled
commission meeting. The applicant shall be notified of the time, date, and place of said meeting.
A certificate of no material effect shall be issued within three (3) days of the meeting at which
the application is approved, and the commission shall notify the city official from whom the
applicant sought a regulated permit. If an application does not demonstrate eligibility for
issuance of a certificate of no material effect, then the commission shall review the application as
an application for a certificate of appropriateness, and the applicant shall be notified of the time,
date, and place of the meeting at which the application will be considered.
D. Certificate of Appropriateness.
1. Review criteria. A certificate of appropriateness may be issued if (a) an application
demonstrates compliance with design standards and guidelines and (b) the proposed work or
activity in creating, changing, destroying, or affecting the exterior features of the building,
structure, object, or site upon which the work is to be done will not have a substantial adverse
effect on the aesthetic, historic, or architectural significance and value of either the property
itself or of the neighboring properties in a historic district or preservation district.
2. Hearing. The commission shall hold a public hearing on an application for a certificate
of appropriateness within thirty (30) days after the completed application was filed, unless
the applicant consents to a later hearing date. The applicant shall be notified of the time,
date, and place of the hearing. If a historic landmark or a building, structure, object, or site
within a historic district or preservation district is located in an area subject to an independent
body of review, such as Main Street Waterloo, the commission will hear the
recommendations, if any, of said independent body of review and will consider the
recommendations when making its final decision.
3. Action on Application. The commission may approve the application as submitted, deny
it as submitted, or approve it with conditions. The commission may propose appropriate
revisions to the application, which, if adopted, would cause the commission to reconsider its
denial. If the application is approved, a certificate of appropriateness shall be issued within
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three (3) days of the commission's decision. If the commission denies the application, it
shall adopt written fmdings and conclusions within thirty (30) days of the hearing date and
shall notify the applicant in writing of its denial. Within three (3) days of its decision, the
commission shall notify the city official from whom the applicant sought a regulated permit,
and in the event an application is approved subject to conditions, the conditions shall be
noted on the permit. The applicant may modify the proposed project and shall have the right
to resubmit a modified proposal at any time, but if an application is denied, a subsequent
application for the same proposed alteration or activity may not be submitted within ninety
(90) days of the date of denial.
E. Certificate of Economic Hardship. Following denial of an application for a certificate of
appropriateness, an applicant may apply for a certificate of economic hardship on a form
prescribed by the city.
1. Basis for Issuance. A certificate of economic hardship may be issued if (a) an application
for a certificate of appropriateness has been denied and (b) the commission determines after
hearing that disapproval of the proposed alteration or activity would deprive the property
owner of all reasonable economic return from the property. In considering whether the
property owner would be deprived of all reasonable economic return from the property, the
commission shall deny the certificate of economic hardship where the inability to realize any
reasonable economic return from the property has been created by the property owner's
conduct, including but not limited to neglect of maintenance or absence of bona fide attempts
to earn a reasonable economic return from the property. The determination of economic
hardship shall be made solely with reference to the property, independent of the type of
ownership or the financial status or means of the owner.
2. Standards for Determination. The applicant shall provide any information that the
commission deems necessary for making a determination as to whether the property yields or
may•yield a reasonable economic return, which information may include but is not limited to
the following:
a. The amount paid for the property, the date of purchase, and the identity of the seller
and description of the seller's relationship to the applicant.
b. Any appraisals of the property made within the previous two (2) years for purposes of
selling, purchasing or financing.
c. The property's assessed value according to the two (2) most recent assessments.
d. The amount of real estate taxes for the previous two (2) years and proof that they
have been paid.
e. The annual gross income from the property for the previous two (2) years, itemized
expenses for operation and maintenance, and cash flow before and after debt service.
This information need not be provided for any single-family, owner -occupied property.
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f. Any state or federal income tax returns on or relating to the property for the previous
two (2) years.
g. The remaining balance on any financing secured by the property and other debt
service, if any, for the previous two (2) years.
h. Any listing of the property for sale or rent within the previous two (2) years,
including price asked and offers received.
i. Estimated cost of proposed work or activity and an estimate of any additional cost
that would be incurred in complying with the commission's recommendation for
conditions necessary for issuance of a certificate of appropriateness.
j. The property's estimated market value in its current condition, after completion of the
proposed alteration or activity, after any changes proposed by the commission, and, in the
case of demolition, after renovation of the property for continued use.
k. A report from a licensed professional architect or engineer with demonstrated
experience in historic property rehabilitation as to the structural soundness of any
structure and its suitability for rehabilitation.
1. A showing of the applicant's efforts at ongoing maintenance and repair.
m. Proof of the applicant's efforts to obtain financing, tax incentives, grants, or other
funding sufficient to allow the applicant to realize a reasonable economic or return from
the property.
3. Hearing. The commission shall hold a public hearing on an application for a certificate of
economic hardship within sixty (60) days after the completed application was filed, unless
the applicant consents to a later hearing date. The applicant shall be notified of the time,
date, and place of the hearing. The commission shall receive and review evidence and hear
testimony from the applicant or witnesses. The commission may solicit expert testimony or
require that the applicant submit additional information.
4. Action on Application. Within thirty (30) days after closure of the hearing, the
commission shall complete its evaluation of economic hardship, applying the standards set
forth in paragraph 2 of this section 9-8-8(E), and shall adopt written fmdings and
conclusions. The commission shall either approve the issuance of a certificate of economic
hardship or deny it. The commission shall notify the applicant in writing of its decision and
shall concurrently notify the city official from whom the applicant sought a regulated permit.
If the application is approved, a certificate of economic hardship shall be issued within three
(3) days of the commission's decision.
F. Demolition.
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1. Form of Request. A request to demolish a historic landmark or a building, structure,
object or site in a historic district or preservation district or a structure identified in section 9-
8-7(B) shall be submitted as an application for a certificate of economic hardship, subject to
all requirements and procedures set forth in this section 9-8-8.
2. Preservation Plan. After an application is filed, the commission and the applicant shall
work together in good faith to develop a plan to preserve or rehabilitate the property. If a
mutually agreeable plan is developed, it shall be reduced to writing, signed by the applicant,
and approved by the commission. Upon approval of a preservation plan, the commission
shall issue a certificate of appropriateness that incorporates the plan by reference, and a copy
of the plan shall be appended to the certificate. If a preservation plan is not developed within
sixty (60) days after the application is filed, the commission shall either deny the application
or shall table the application for an additional period of six (6) months. At the end of the six-
month period, the commission shall approve the application and issue a certificate of
economic hardship if it is satisfied that the applicant has made continuing, bona fide, and
reasonable efforts to locate a purchaser to preserve, rehabilitate or restore the property, and
that such efforts have been unsuccessful. Notwithstanding the failure to develop a
preservation plan, and at any time before conclusion of the six-month period, the commission
may approve the application and issue a certificate of economic hardship if the commission is
satisfied that there is no reasonable likelihood that the applicant or some other person is
willing to preserve, rehabilitate or restore the property or to purchase the property for such
purpose.
3. Property Acquired by Eminent Domain. If the property proposed to be demolished is a
property that was acquired by eminent domain, after consideration of all the circumstances
the commission may at any time waive the requirements of this section 9-8-8 and issue a
consent to demolish, which shall have the effect of a certificate of economic hardship.
4. Bond Required. The applicant shall post a bond in an amount set by the commission or
the city council, as appropriate, to ensure complete removal of debris left by the demolition
process and to compensate for any damage done to adjacent properties. The bond shall be
posted before the approved certificate is issued. The commission may waive this
requirement with respect to any property owned by a federal, state, or local governmental
body.
5. Documentation. In connection with approval of any certificate of economic hardship
under this section 9-8-8(F), the commission may require as a condition to issuance of a
certificate the allowance of a reasonable period in which to make a photographic, video or
other suitable record of the property before it is demolished.
G. Future Effect. The commission's approval of a particular type of alteration, work, or activity,
whether as a result of issuance of a certificate of no material effect, a certificate of
appropriateness, or otherwise, shall not establish a binding precedent for future commission
action, but it may be an additional factor to be considered in subsequent reviews involving the
same or a similar type of alteration, work, or activity.
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H. Time Limitation. Each certificate of no material effect, certificate of appropriateness, or
certificate of economic hardship shall expire and become null and void if the alteration for which
the certificate was issued is not initiated within one (1) year of its issuance.
9-8-9: APPEALS FROM COMMISSION ACTION:
A. Appeal to City Council. An aggrieved party may appeal the commission's final action to the
city council by filing a written notice of appeal with the city clerk within thirty (30) days after
the date of notice of the commission's action. The notice of appeal shall identify the applicant,
the date of the commission's action, and the ground of the appeal. The city council shall
consider only the record of the action before the commission, and no new matter may be
considered. The city council may affirm or reverse the commission's action, or may refer the
matter back to the commission for such further action as may be appropriate. The city clerk shall
give written notice of the city council's decision within seven (7) days of same to the appellant
and the commission.
B. Appeal to District Court. An appellant who is not satisfied by the decision of the city council
may file an appeal in the district court for Black Hawk County within sixty (60) days of the city
council's decision.
C. Standard of Review. In any appeal, the city council or the district court, as the case may be,
shall consider whether the commission exercised its powers and followed the guidelines
established by law and by this chapter and whether the commission's action was patently
arbitrary and capricious.
9-8-10: REMEDY OF DANGEROUS CONDITIONS:
A. Except for emergencies as determined by the building official pursuant to city ordinance, city
enforcement agencies and departments shall give the commission at least thirty (30) days' notice
of any proposed order for remedying conditions determined to be dangerous to life, health, or
property that may affect the exterior features of any historic landmark or any building, structure,
object, or site in a historic district or preservation district.
B. The commission shall have the power to require that alterations not adversely affect the
exterior features of a building or structure in cases where the danger to life, health, or property
may be abated without detracting from its exterior features. In such cases, it shall be the
responsibility of the commission and the city enforcement agency or department to cooperate
with the property owner in an attempt to achieve a preservation plan whereby the dangerous
conditions will be corrected with minimal adverse impact on exterior features. Such plan shall
be approved by the commission and shall be signed by the chair of the commission, the property
owner, and the head of the city enforcement agency or department.
C. If a preservation plan acceptable to the commission, the property owner, and the city
enforcement agency or department cannot be reached within thirty (30) days or a period of time
acceptable to the city enforcement agency or department, the agency or department shall proceed
to issue and enforce its proposed order.
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9-8-11: COMPLIANCE WITH CERTIFICATE:
A. After a certificate has been issued and a regulated permit, if required, is granted to the
applicant, the building official or other local authority shall from time to time inspect the work
authorized and shall take such action as is necessary to enforce compliance with the certificate.
Commission members may from time to time inspect the authorized work, from the public right-
of-way, and shall advise the building official or other local authority as necessary to enforce
compliance with the certificate.
B. If it is found that such work is not being carried out in accordance with the certificate, the
building official shall issue a stop work order.
C. Any change in appearance at variance with that authorized by the certificate shall be deemed
a violation of these regulations.
9-8-12: FEES:
Upon submission of an application for a certificate of appropriateness or a certificate of
economic hardship, or upon the filing of an appeal to the city council from final commission
action, the applicant shall pay a fee in an amount determined from time to time by resolution of
the city council. Filing fees received for applications and appeals shall be deposited in a
dedicated fund for historic preservation activities and used solely for such purposes.
9-8-13: VIOLATIONS AND PENALTIES:
A. It shall be unlawful for any person to disobey, omit, neglect, or refuse to comply with any
provision of this chapter. Upon conviction, such person shall be guilty of a municipal infraction.
Each day that a violation is permitted to exist constitutes a separate offense.
B. The remedies provided for in this section shall be cumulative and not exclusive and shall be
in addition to any other remedies provided by law.
9-8-14: COMPLIANCE WITH EXISTING ZONING REGULATIONS:
Any new structure in a historic district or preservation district shall conform to all setback
requirements of the zone in which it is to be built or moved. If a historic landmark or a structure
in a historic district or preservation district has lost fifty percent (50%) or more of its assessed
value due to fire, explosion, act of God, or other natural disasters, it may be placed upon its
original foundation or the site of the original foundation, and it shall be reconstructed as near as
possible to the original exterior design. If the original foundation or site thereof is found to be
noncompliant with the zoning ordinance in effect at the time, reconstruction shall require
approval by the board of adjustment prior to beginning construction.
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PASSED AND ADOPTED by the City Council this day of , 2010, and
approved by the Mayor this day of , 2010.
ATTEST:
Suzy Schares, City Clerk
Ernest G. Clark, Mayor
Historic preservation ordinance 22 Page 22 of 222-2
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ORDINANCE NO. 3727
AN ORDINANCE AMENDING THE 1988 CODE OF ORDINANCES
OF THE CITY OF WATERLOO, IOWA, BY REPEALING
CHAPTER 18 1/2, HISTORIC PRESERVATION; AND BY
ENACTING IN LIEU THEREOF A NEW CHAPTER 18 1/2,
HISTORIC PRESERVATION.
BE T ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WATERLOO:
That Chapter 18 1/2, Historic Preservation, of the 1988
Code of 0 dinances of the City of Waterloo, Iowa, is hereby
repealed in its entirety; that a new Chapter 18 1/2,
Historic reservation, of the 1988 Code of Ordinances of the
City of Wterloo, Iowa, is hereby enacted in lieu thereof as
follows:
Chapter 18 1/2
HISTORIC PRESERVATION
Sec. 18 1y2-1. Purpose and Intent.
The purpose of this chapter is to create and establish
the Water oo Historic Preservation Commission to promote the
education cultural, economic a:nd general welfare of the
City of W terloo by:
(a) Maintaining a comprehensive inventory of historic,
architectural and archaeological sites and districts in
the ¶ity of Waterloo for public use;
(b) Prom ting the City's historic, aesthetic and cultural
heritage through the designation, enhancement and
perpetuation of such historic districts and sites which
reprgsent or reflect significant elements of the City's
unique heritage;
(c) Strehgthening the City's economy by encouraging the
stabilization, improvement, preservation or
reh ilitation of designated properties, districts or
site;
(d) Facilitating the dissemination of information regarding
Wate loo's cultural, historical and architectural
heritage, through publications, proclamations, and
promptional events recognizing Waterloo's heritage;
(e) Inte rating Historic Preservation with a comprehensive
land use plan. (Ord. No. 3420, 1-20-86)
Sec. 18 1%2-2. Definitions.
(a) Alte ation shall mean any act or process which causes a
mate ial change in exterior appearance to any site,
strupture or property withir. a historic district.
(b) Arch tectural and Historical Sites Survey as used
here n shall mean that survey conducted on behalf of
the City of Waterloo to identify and classify those
stru tures in the City built prior to 1935. These
structures have been classified as follows:
1.
2.
Individually National Register of Historic Places
eligible;
Supportive structure in a potential or existing
historic district;
BOOK 291 PAGE 95 1,
Ordinance No. 3727
Page 2
3. Not eligible for National Register of Historic
Places.
(c) Area shall mean a specific geographic division of the
City of Waterloo.
(d) Certificate of Appropriateness shall mean a certificate
issued by the Waterloo Historic Preservation Commission
indicating its approval of plans for alteration,
construction, removal or demolition of any site or a
structure in a historic district. The certificate must
be obtained before a regulated permit will be issued if
the work to be done will have an impact on any
contributing architectural features or any A or B sites
and structures.
(e) Certificate of No Material Effect shall mean a
certificate issued by the Waterloo Historic
Preservation Commission or designee of the work being
contemplated in the application if determined to have
no adverse effect on any significant architectural
features of any site or a structure or any property
located within a historic district. The certificate
must] be obtained before a regulated permit will be
issued.
(f) Commission shall mean the Waterloo Historic
Preservation Commission as established by this chapter.
I
(g) Cons ruction shall mean the act of adding an addition
to an existing structure or the erection of a new
principal or accessory structure on a lot or property,
to include the placing of construction materials in a
permanent position and fastened in a permanent manner.
(h) Council shall mean the City Council of Waterloo, Iowa.
(i) Demoition shall mean any act or process that destroys
all br part of a site or structure.
(j) Design Guidelines shall mean a standard of appropriate
actiiity that will preserve the historic and
architectural character of a structure or area.
Guidelines shall be consistent with the Secretary of
the Interior's "Standards for Rehabilitation" and
"Guidelines for Rehabilitating Historic Buildings".
(k) Exte for Features shall mean the architectural
character and general composition of the exterior of a
stru ture, including but not limited to the kind, color
and texture of the building material and the type,
design and character of all windows, doors, light
fixt res, signs and appurtenant elements, and shall
also be construed as meaning significant architectural
feat res.
(1) Historic District shall mean an area designated as a
"historic district" in accordance with criteria as
stated herein and by ordinance of the City Council,
which is contiguous and contains within definable
geographic boundaries several property under diverse
ownership.
(m) LandTscape Feature shall mean fencing, gazebos and also
incl sive of other ornamental outdoor fixtures.
(n) Owne
enti
shal
shall mean the person, corporation or other legal
y listed as owner for purposes of taxation, and
be construed to include owner of record.
BOGK 491 PAGE 958
Ordinance No. 3727
Page 3
(o) Reasonable Return shall mean fair and equitable value
under the prevailing economic and social climate of the
City and based on comparable locations, uses and
structures.
(p) Regulated Permit shall mean a permit issued by the
building official, city engineer or other official of
the city according to provisions of the building code,
or other ordinance or regulation, and which permit is
regulated by this chapter when:
(1) The issuance of such permit would occasion a
change in an exterior :Feature, herein defined, on
a site or structure; and
(2) The location of such permit is a designated site
or within an historic district established
pursuant to this chapter.
(q) Repair shall mean any change that is not construction,
removal or alteration.
(r) Removal shall mean any relocation of a structure on its
site or to another site.
(s) Significant Feature shall mean architectural,
historical and archaeological elements that contribute
to the historic value of the site or structure.
(t) Site shall mean a property structure or feature marking
a specific event, era or prominent feature of the City,
state or nation, which has been designated in
accordance with criteria as stated herein and by
ordinance of the City Council; construed to include
historic site.
(u) Structure shall mean anything constructed or erected
requiring permanent or temporary location on or in the
ground and including, but not limited to building or
appurtenant structures, such as landscape features,
advertising signs, radio and television antennae or
dishes, swimming pools, solar collectors and any
improvements on publicly owned property. (Ord. No.
3420, 1-20-86)
Sec. 18 1/2-3. Meetings of the Historic Preservation
Commission.
(a) A quorum shall consist of a simple majority of all
members.
(b) The Commission shall adopt rules or bylaws for the
transaction of its business which shall provide for the
time and place of holding regular and special meetings
and '•revise procedures for the approval or disapproval
of certificate of appropriateness as needed.
(c) There shall be no fewer than four (4) meetings of the
Commission per year and special meetings on an as
needed basis.
(d) Transaction of Business. The Commission shall transact
business only at regular meetings, or in the case of a
special meeting, which shall be held only when the
chair or three (3) members declare a need exists.
Business may be transacted if the Commission gives one
(1) day written or oral notice to the members of the
time place, and reason(s) for said meeting. Further
BOOK 291 PAGE 959
Ordinance No. 3727
Page 4
r-
notice to public shall be posted at least twenty-four
(24) hours in advance of the meeting.
(e) All regular or 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 it
reaches its decision. Notice of hearings shall be sent
as specified in identification and designation, Section
18 1/2-8 (b) (1) through (3).
(f) Members of the Historic Preservation Commission shall
attend at least two-thirds of all regularly scheduled
meetings within any twelve-month period. If any
member does not attend such prescribed number of
meetings, it may constitute grounds for the Commission
to recommend to the City Council that such member be
replaced. Attendance of all members shall be entered
on the minutes.
(g) No member of the Historic Preservation Commission shall
vote on any matter that may directly or indirectly,
materially or apparently effect the property, income,
or business interest of that member. (Ord. No. 3420,
1-20-86)
Sec. 18 1/2-4.
Composition.
Historic Preservation Commission,
(a) The Waterloo Historic Preservation Commission shall
consist of no fewer than seven (7) members, all of whom
are residents of or employed within the City of
waterloo, said members shall be appointed by the Mayor
and approved by the City Council.
(b) The Highland Historic District shall be represented by
one (1) member and as historic districts are created,
one (1) member shall be appointed from each district.
Other members shall be chosen at large, each of whom shall
possess a demonstrated expertise or positive interest in
architecture, law, historic preservation, history,
archaeology or city planning.
(c) No more than two (2) members of the Commission shall
belong to the City's Planning and Zoning Commission.
(Ord. No. 3420, 1-20-86)
Sec. 18 1/2-5. Terms of Commission Members.
(a) The original appointment of the members of the
Commission shall be two (2) for one (1) year, two (2)
for two (2) years, and three (3) for three (3) years.
The members appointed from the designated historic
districts shall serve three-year terms.
After the initial appointment of members, the term for each
member shall be three (3) years.
(b) Vacancies occurring in the Commission, other than by
expiration of term of office, shall be filled only for
the unexpired term.
(c) Each member shall serve until the appointment of a
successor.
(d) Members shall serve without compensation. (Ord. No.
3420)
BOOK 291 PAGE96O
Ordinance No. 3727
Page 5
Sec. 18 1/2-6. Officers of Commission.
(a) The Historic Preservation Commission shall elect from
its membership a chair and, vice -chair whose term of
office shall be one (1) year. The chair and vice -chair
may serve for more than one (1) term, but no member
shall serve as chair for more than two (2) consecutive
years.
(b) The chair shall preside over meetings and shall haze
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 shall be sufficient to pass a
motion.
(c) The Historic Preservation Commission shall designate a
person to serve as secretary to the Commission. The
secretary shall take minutes of each Commission
meeting, keep a record of all applications for
certificates of appropriateness, resolutions
proceedings, and actions of the Historic Preservation
Commission. (Ord. No. 3420, 1-20-86)
Sec. 18 1/2-7. Powers, Duties and Responsibilities.
The Waterloo Historic Preservation Commission will work
with all City boards and departments to further its goals
and shall have and may exercise the following powers,
duties, and responsibilities:
(a) Adopt its own bylaws or procedural regulations
consistent with state and federal guidelines.
(b) Maintain a system for the survey and inventory of
Waterloo properties for the purpose of identifying
those structures, areas o:r sites of architectural,
historic, or prehistoric significance.
(c) Investigate and recommend to the Planning, Programming
and Zoning Commission and to the City Council the
adoption of ordinances designating properties or
structures having special historic, cultural or
architectural value as "sites".
(d) Investigate and recommend to the Planning, Programming
and Zoning Commission and to the City Council the
adoption of ordinances designating areas as having
special historic,. cultural or architectural value as
"historic districts".
(e) Keep a register of all properties and structures that
have been designated as sites or historic districts,
including all information required for each
designation.
(f) Determine an appropriate system of markers for
designated sites and historic districts.
(g) Request from the City Council funds to support the
preparation and publishing of maps, brochures, and
other descriptive material about waterloo's sites and
historic districts.
(h) Advise and assist owners of sites or other historic
structures on physical and financial aspects of
preservation, renovation, rehabilitation, and reuse,
and on procedures for inclusion in the National
Register of Historic Places.
Ordinance No. 3727
Page 6
(i) Review and make decisions on any application for a
Certificate of Appropriateness or through Commission
designee for a Certificate of No Material Effect and
require presentation of such plans, drawings,
elevations, and other information as may be necessary
to make such decisions.
(j) Review proposed zoning amendments and applications for
special use permits and applications for zoning
variances that affect proposed or designated sites and
structures within historic districts.
(k) Make a recommendation to the state office of historic
preservation for the listing of an historic district or
site in the National Register of Historic Places and
may conduct a public hearing thereon.
(1) Other Powers. In addition to those duties and powers
specified above, the Commission may, with City Council
approval:
(1) Accept gifts and donations of real and personal
property, including money, for the purpose of
historic preservation.
(2) Acquire by purchase, bequest, or donation, fee and
lesser interests in historic properties, including
properties adjacent to or associated with historic
preservation.
(3) Apply for federal, state and local funds for the
rehabilitation, preservation, improvement or
stabilization of sites or structures in historic
districts located within the City of Waterloo.
(4) Preserve, restore, maintain and operate historic
properties, under the ownership or control of the
Commission.
(5) Lease, sell, and otherwise transfer or dispose of
historic properties subject to rights of public
access and other covenants and in a manner that
will preserve the property.
(6) Contract, with the state or the federal government
or other organizations.
(7) Cooperate with the federal, state and local
governments in the pursuance of the objectives of
historic preservation.
(8) Provide information for the purpose of historic
preservation to the governing body.
(9) Promote and conduct an educational and
interpretive program on historic properties within
its jurisdiction.
Sec. 18 1/2-8. Identification and Designation.
The Commission may exercise its powers, duties and
responsibilities by preparing studies to identify and
designate sites or historic districts as defined in this
chapter. The Commission may proceed at its own initiative
or act upon petition from any person, group, organization,
or the State office of Historic Preservation of the State
Bureau of Historic Preservation.
BDOK 291 PACE 9_62
Ordinance No. 3727
Page 7
(a) Procedure. The following procedure shall be followed
in proposing the designation of sites and historic
districts:
(1) Proposals shall be filed with the Commission upon
forms prescribed by them, and shall include all
data required by the Commission, including legal
descriptions of real estate involved.
(2) A public hearing by the Commission may be held
prior to submission to Planning, Programming and
Zoning Commission for review.
(3) In any case where a historic district is proposed,
the petitioner shall acquire the written consent
of at least fifty-one (51) percent of the
ownership of properties within the proposed
historic district.
(4) After such investigation as the Commission deems
necessary, the Commission shall recommend to
approve, disapprove, or modify the proposal within
sixty (60) days of the referral of the petition to
the Commission. Said recommendation shall be in
writing and signed by the Commission chair and
shall state the findings of fact which constituted
the basis of the decision.
(5) Within seven (7) calendar days after making such
determination, the Comlftission shall transmit the
proposal and the recommendation to the Planning,
Programming and Zoning Commission and petitioner.
(6) Within sixty (60) days of the receipt of the
report, recommendation and proposed ordinance, the
Planning, Programming and Zoning Commission shall
report to the City Council with respect to the
relation of such designation to the general
development plan, zoning ordinance, proposed
public improvements, and any plans for the renewal
of the area involved. Upon submission of the
report of the Planning, Programming and Zoning
Commission, or Upon the expiration of the
sixty-day period, the matter shall be transmitted
to the City Council.
(7) The City Council shall submit a description of the
proposed area to the State Office of Historic
Preservation at lease forty-five (45) days prior
to the date of any public hearing conducted by the
City Council on an ordinance establishing the
proposed area as an historic district. Any
recommendations made by the State Office of
Historic Preservation shall be made available by
the City to the public for viewing during normal
working hours at a City government place of public
access.
(8) Upon receiving the recommendation of the Historic
Preservation Commission and the report of the
Planning, Programming and Zoning Commission,
recommendation of approval from the State office
of Historic Preservation or having had the
forty-five day waiting period elapse, the City
Council shall conduct a public hearing on the
ordinance establishing the proposed Historic
Preservation district. The Council may approve or
disapprove the ordinance or may refer the historic
800K 291 PACE 953
Ordinance No. 3727
Page 8
district designation to the Historic Preservation
Commission for modification.
(b) Notice. In the case of public hearings, the Commission
shall meet the following notification requirements:
(1) Written notice shall be given to the owners of
the properties proposed for designation. Said
notice shall be sent by regular mail from the
secretary to the last known address or address as
it appears in the records of the County Auditor's
Office. Written notice shall also be posted at
lease twenty-four (24) hours prior to public
hearing.
(2) Failure to send notice by mail to any such
property owner where the address of such owner is
not so recorded shall not invalidate any
proceedings in connection with the proposed
designation.
(3) The notice shall include the date, time, place,
and reason for the public hearing. Said notice
shall be given not less than five (5) days nor
more than twenty (20) days prior to the public
hearing.
(c) Effective Date. Any determination made under the
provisions of this section shall be in full force and
effective on the date the determination is made.
(d) Amendment Rescission. Any designation made in
accordance with this chapter may be amended or
rescinded in the same manner as the original
designation was made.
(e) Extension of Time. Whenever under the provisions of
this chapter, the Commission is required within a
prescribed period of time to make a determination or
perform any act in relation to any petition for
designation, the petitioner and the Commission may
extend such period by mutual consent of the involved
parties, said consent to be filed in writing to the
Commission.
(f) Economic Impact. The Commission shall in its
consideration of designations consider, along with all
other factors and criteria, all economic factors
presented to it. The Commission shall recognize the
necessity of weighing potential economic detriments
against preservation objectives and shall strive to
effect a reasonable return in all instances.
(g) Designation Criteria. In considering a proposal to
designate any improvements or sites in the City as a
site or historic district, the following criteria shall
be considered:
(1) If it has historical and cultural importance,
having significant character, interest, or value,
as part of the development history or cultural
characteristic of the city, state, or nation.
(2) If it is associated with the life of a person
significant in the past.
(3) If it is the site of a significant historical
event.
131,DK.29 AS£964
ordinance No. 3727
Page 9
If it exemplifies or reflects a cultural,
political, economic, social, or historic heritage
of the city, state, or the nation.
If it has potential for yielding information of
archaeological significance.
If it embodies distinctive elements of an
architectural or any engineering type, style, or
method of construction.
If it is representative of the notable work of a
master builder, designee, or architect whose
individual genius influenced the city, state or
nation.
(8) If it represents an established or familiar visual
feature of the neighborhood, community, or city
due to its unique location or similar physical
characteristic.
(9) If it has geographical importance by being related
to a significant area and should be developed or
reserved according to a plan based on a historic,
cultural or architectural motif.
(10) If it has a relationship to a site, building, or
historic district.
(11) If it has integrity as a natural environment that
significantly contributes to the quality of life
in the city. (Ord. No. 3420, 1-20-86)
Sec. 18 1/2-9. Remedy
Sites and Structures.
of
Dangerous
Conditions
of Designated
(a) Except for emergencies as determined by the building
official pursuant to the ordinances of the City of
Waterloo, City enforcement agencies and departments
shall give the Historic Preservation Commission at
least thirty (30) days notice of any proposed order
which may affect the exterior features of any building
for remedying conditions determined to be dangerous to
life, health or property.
(b) In all other cases it shall be the responsibility of
the Commission and the City agency or department to
cooperate with the property owner in an attempt to
develop a preservation plan whereby the dangerous
conditions will be corrected with minimal adverse
impact on exterior features. Such plan shall be
approved by the Commission and shall be signed by the
chair of the Commission, the property owner, and the
head of the City agency or department.
(c) If a preservation plan acceptable to the Commission,
the City agency or department and the property owner
cannot be reached within thirty (30) days or a period
of time acceptable to the City agency or department,
the agency or department shall proceed to issue and
enforce its proposed order. (Ord. No. 3420, 1-20-86)
Sec. 18 1/2-10. Demolition of Sites and Structures
Identified in the Architectural/Historic Sites Survey.
(a) Regulated permits for demolition of sites or structures
identified as "A" or "B" classifications shall be
reviewed by the Historic Preservation Commission.
BD0x 291 PRGE %5
Ordinance No. 3727
Page 10
(b) Said "A" and "B" classifications require the property
owner with the assistance of the Commission to develop
a preservation plan whereby the property can be
restored, rehabilitated, relocated, preserved or
adaptively reused. Such preservation plan shall be
developed within ninety (90) days.
(c) "C" classifications require no review by the
Commission. (Ord. No. 3420, 1-20-86)
Sec. 18 1/2-11. Alteration of all "A" Classified sites
and/or any structures within historic districts.
(a) No material change in appearance of any "A" classified
site or any structure within a historic district shall
be made or permitted to be made by the owner or
occupant thereof until a regulated permit shall have
been obtained for such change as provided by this
chapter.
(b) It shall be the duty of the Historic Preservation
Commission to review all plans for any and all material
changes in appearance of any structure or site as
identified herein. It shall have the power to review
such plans before a regulated permit for such can be
granted, provided that the Commission shall review only
such features of a change as they affect the exterior
of the structure. The Commission shall issue a
certificate of appropriateness if it approves plans
submitted to it for review. The Commission shall
approve only if it finds that either:
(1) The proposed work in creating, changing,
destroying, or affecting the exterior features of
the improvement or site upon which the work is to
be done will not have a substantial adverse effect
on the historical or architectural significance
and value of either the property itself or of the
neighboring improvements in relation to said
district or site. The Commission shall determine
whether the proposed change is consistent with the
historic value and the overall architectural style
of the district site, or building; or
(2) The denial of a certificate of appropriateness
would prevent the owner of the site or a structure
within a historic district from earning a
reasonable return or other interest in his
property. The building official, city engineer,
or other local authorities shall not issue a
regulated permit until such certificate of
appropriateness has been issued by the Commission.
(Ord. No. 3420, 1-20-86)
Sec. 18 1/2-12. Procedure for the Review of Plans.
(a) Application for a regulated permit shall be made to the
appropriate City official or Department.
(1) The chair of the Historic Preservation Commission
and the secretary of said Commission, or their
designee, may issue a certificate of no material
effect if the work contemplated in the application
will have no effect on any significant
architectural features of the site or any
structure within the historic district. (Ord. No.
3420, 1-20-86)
zfL( 293_ TAU '966
Ordinance No. 3727
Page 11
(b) The application will state that the work is to be done
to an "A" classified site or any structure within a
historic district. The Commission may require
submission of such drawings, sketches, photographs, or
other exhibit as it deems reasonably necessary for
consideration of the application. Upon the filing of
such application, the building official shall
immediately notify the Historic Preservation Commission
of the receipt of such application and shall transmit
it, together with accompanying plans and other
information to the Commission, unless it pertains
solely to the interior of the building.
(c) The Historic Preservation Commission shall meet within
thirty (30) days after notification by the appropriate
City official of the filing, or a mutually agreed upon
date, unless the application qualifies for a
certificate of no material effect, as specified herein.
The Commission shall review the plans according to the
duties and powers specified herein. In reviewing the
plans, the Commission may confer with the applicant or
his authorized representative. In acting upon an
application, the Commission shall consider whether the
change in appearance conforms to design guidelines as
defined herein.
(d) The Commission shall approve,
modifications, or disapprove such
approved, shall issue a certificate of
which is to be signed by the chairman,
application for the regulated permit
transmitted to the building official.
approve with
plans, and if
appropriateness,
attached to the
and immediately
(e) If the Commission disapproves of such plans, it shall
state its reasons for doing so and shall transmit a
record of such actions therefor in writing to the
appropriate city official and to the applicant. The
Commission may propose appropriate revisions of the
applicant's plans if it disapproved of the plans
submitted. The applicant, if so desired, may make
modifications to the plans and shall have the right to
resubmit said application after one hundred twenty
(120) days have elapsed or at a time mutually agreed
upon by the applicant and the Commission.
(f) No regulated permit shall be issued authorizing a
material change or appearance of any "A" classified
site or any structure within a historic district, until
a certificate of appropriateness has been filed with
the appropriate City official. In the event the
Commission disapproves of a proposed plan, its notice
of disapproval shall be binding upon the said City
official and no permit shall be issued in such a case.
The failure of the Commission to act within sixty (60)
days from the date of an application filed with it,
unless an extension is agreed upon mutually by the
applicant and the Commission, shall be deemed to
constitute approval. In the event, however, that the
Commission shall make a finding that the circumstances
of a particular application require further time for
additional study and information that cannot be
obtained within the aforesaid period of sixty (60)
days, then in said event the Commission shall have a
period of up to a maximum of ninety (90) days from the
date of original submittal of application within which
to act upon such an application.
(g) After the certificate of appropriateness has been
issued and the regulated permit granted to the
ao°X 291 PACE 967
Ordinance No. 3727
Page 12
applicant,the appropriate City official or his designee
shall from time to time inspect the construction,
alteration, or repair approved by such certificate and
shall take such action as is necessary to enforce
compliance with the approved plans.
(h) Nothing in this chapter shall be construed to prevent
ordinary maintenance or repair of any "A" classified
site or any structure within a historic district where
such maintenance or repair does not involve an
alteration as herein defined.
Sec. 18 1/2-13. Appeals from Commission Decisions.
An aggrieved party may' appeal the Commission's final
action within sixty (60) days to the City Council. If not
satisfied by the decision of the City Council, the party may
appeal within sixty (60) days of the City Council's decision
to the District Court for Black Hawk County. On appeal, the
City Council or the district court, as the case may be,
shall consider whether the Commission has exercised its
powers and followed the guidelines established by law and
ordinance and whether the Commission's action was patently
arbitrary and capricious. (Ord. No. 3420, 1-20-86)
Sec. 18 1/2-14. Violation and Penalties.
In accordance with established City policies and/or
procedures, any person, firm, or corporation who violates,
disobeys, omits, neglects, or refuses to comply with or who
resists the enforcement of any of the provisions of this
chapter upon conviction shall be fined not more than one
hundred dollars ($100.00) for each offense. Each day that a
violation is permitted to exist constitutes a separate
offense. The building official is hereby designated and
ordered to enforce this chapter. (Ord. No. 3420, 1-20-86)
Sec. 18 1/2-15. Enforcement.
In case any building or structure is erected,
constructed, reconstructed, altered, repaired or converted
or any building, structure or land is used in violation of
this chapter, the appropriate City official, in addition to
other remedies, shall institute any proper action or
proceedings in the name of the City of Waterloo, Iowa, to
prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance,
or use, to restrain, correct or abate such violation, to
prevent the occupancy of said building, structure of land,
or to prevent any illegal act, conduct, business or use in
or about such premises. (Ord. No. 3420, 1-20-86)
Sec. 18 1/2-16. Compatibility with Existing Zoning
Regulations.
Any new building shall conform to all setback
requirements of the zone in which it is to be built or
moved. If a building which has lost fifty (50) percent or
more of its assessed value due to fire or other natural
disasters is to be reconstructed as near as possible to the
original exterior design, it may be placed upon its original
foundation or the site of the original foundation. In the
event that the original foundation or site thereof is found
to be in noncompliance with regulations in Zoning Ordinance
No. 2479, as amended, it shall require Board of Adjustment
approval prior to beginning construction. (Ord. No. 3420,
1-20-86)
aoox 2.91 PAGE 968
Ordinance No. 3727
Page 13
Sec. 18 1/2-17. Validity.
Should any section or provision of this chapter be
declared by a court of competent jurisdiction to be invalid,
that decision shall not affect the validity of the chapter
as a whole or any part thereof, other than the part so
declared to be invalid. (Ord. No, 3420, 1-20-86)
INTRODUCED:
PASSED 1ST CONSIDERATION:
PASSED 2ND CONSIDERATION:
PASSED 3RD CONSIDERATION:
July 9, 1990
July 9, 1990
July 9, 1990
July 9, 1990
PASSED AND ADOPTED by the City Council on this 9th day
of July, 1990, and approved by the Mayor on this llth day of
July, 1990.
ATTEST:
Bernard L. f+ICRinley, Ma or
Clerk/Auditor
CERTIFICATE
I, Larry P. Burger, City Clerk/Auditor of the City of
Waterloo, Iowa, do hereby certify that attached hereto is a
true and complete copy.of:;gtdinance No. 3727, as passed and
adopted by the Counc7,the City of Waterloo, Iowa, on the
9th day of July,199q }
Witnesd
July, 1990,
SitV105-1
P R
seals. of office this llth day of
MISC
INDEXED �
COMPARED �U'r-
PAGED cr— 15?S
CLACK HAWK COUNTY, I9WA:SS
Filed for record 9110, ,9419 96
att : SS P N,aaed recorded io
Misc • Book 291
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