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HomeMy WebLinkAbout1982-12-21 OrdinanceORDINANCE NO. 82-3097 AN ORDINANCE VACATING THE WEST 60 FEET OF THE EAST 160 FEET OF THE ALLEY RIGHT -OF -{JAY IN BLOCK 47, IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. That the right-of-way in Iowa City, Iowa, described as the west 60 feet of the east 160 feet of the alley in Block 47, Iowa City, Iowa, according to the recorded plat thereof is hereby vacated for street purposes with a 20 foot utility easement retained over the entire 60 feet. SECTION II. This ordinance shall be in full force and effect when published by law. SECTIONIII. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provi- sion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 21st day of December, 1982. a.0 lCL �r�c. MAYORPro iem ATTEST: i J 2eW Q6«�y CITY CLERK Received A Approved By Tho Legal Dpa3ftnent 1,. MICROFILMED By JORM MICROLAB 1 CEDAR RAPIDS • DES MOI`!ES 30 V? J ,J 97 , and seconded by Dickson Idopted and upon roll call there were: IAYS: ABSENT: BALMER DICKSON ERDAHL LYNCH MCDONALD x NEUHAUSER PERRET .ion 12/7/82 ige: Ayes: Dickson, Erdahl, McDonald, . None. Absent: Balmer, Lynch, Perret. tion 12/13/82 ge: Ayes: eu auser, Perret, Balmer, McDonald. Nays: None. Absent: Lynch. December 29, 1982 309"? MICROFILMED BY �I JORM MICR6LA13 j CEDAR RAPIDS • DES MOVIES I LL ORDINANCE NO. 82-3098 AN IC ERVATION SSION ORDINANCE CITY, IOWA, AND PROVIDINGIFOR RTHE PESTABLISHMENT OF HISTORIC R HISTTORIC THE CITY OF IOWAPRESERVATION DISTRICTS, AND DEFINING POWERS AND DUTIES IN ASSOCIATION THEREWITH. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE AND INTENT. The purpose of this ordinance is to: A. Promote the educational, cultural, economic and general welfare the public through the protection, enhancement, and perpetuation of dist of historic and cultural significance located in the City of Iowa City. B. Safeguard the City's historic, aesthetic, a d ctulturaland ritage by ppreserving districts of historical, al significance. C. Stabilize and improve property values• by conservation of historic properties. D. Foster civic pride in the legacy of beauty and achievements of the past. E enhance the City's attprovided. idedrists and visitors and the . Protect and support and F. Strengthen the economy of the City, and ltural G Promote the education, pleasuresand welfare ofof historic ntheupeople of he City.significance as sites for SECTION II. DEFINITIONS. A. APPLICANT. The party making application for a Certificate of Appropriateness from the Iowa City Historic Preservation Commission. B. APPLICATION. A written request by a property owner or other party to the Iowa City Historic Preservation Commission for a Certificate of Appropriateness. C. CERTIFICATE OF APPROPRIATENESS. The document evidencing approval by the Historic Preservation Commission of a proposal to make a change in appearance which must be obtained before a Regulated Permit may be issued. ation of tures of D CANE INaHbuiildingAorEchange or PPARANCE.alteration of the ny change or rappearance of exterior property within a historic district. This definition shall pertain only to changes in appearance which are visible from the public way or from adjacent properties, and for which a building, demolition, house moving or other regulated permit is required for compliance with applicable city codes. Furthermore, nothing in this definition shall be construed to prohibit or MICROEIVIED By JORM MICROLAB CEDAR RAPIDS • DES MOINES 30 99 J r I Ordinance No. 82-3098 Page 2 limit normal repairs or maintenance which do not involve alterations or changes in the exterior features of a building, for which no regulated permit is required. For the purposes of this ordinance, changes made in the color of the exterior surfaces of a building are considered to be ordinary maintenance and repair. E. CHANGE OR ALTERATION. The erection of a building on a site, the movement of a building from or to a site, the demolition of a building, the reconstruction or restoration of a building, or any action to change, modify, reconstruct, remove or demolish any exterior feature of an existing building. F. COMMISSION. The Iowa City Historic Preservation Commission, as established by this Ordinance. G. EXTERIOR FEATURES. The architectural style, general design and arrangement of the exterior of a building, including the kind and texture of the building material and type and style of all windows, doors, light fixtures, signs and other appurtenant fixtures. H. HISTORIC DISTRICT. An area that contains contiguous pieces of property under diverse ownership which: 1. Are significant to American history, architecture, archeology and culture or Iowa City history, architecture, archeology and culture, 2. Possess integrity of location, design, setting, materials and workmanship. 3. Are associated with events that have made a significant contribution to the broad patterns of our history, or 4. Are associated with the lives of persons significant in our past or 5. Embody the distinctive characteristics of a type, period, method of construction; represent the work of a master; possess high artistic values; represent a significant and distinguishable entity whose components may lack individual distinction. 6. Have yielded, or may be likely to yield, information important in pre- history or history. I. PROPERTY OWNER. An individual or group of individuals, corporation, partnership, association, or any entity, including state and local governments and agencies which is the owner of real estate. J. REGULATED PERMIT. A permit issued by the Building Official, or other official of the City of Iowa City according to the provisions of 1) Building Code, 2) Sign Regulations, 3) House Movers Ordinance, or 4) Fire Code. 3099 111CR0(ILMED BY JORM MIC ROCI! CEDAR RARIDS UES 1401'1ES v r �1 Ordinance No. 82-3u. Page 3 SECTION III. IOWA CITY HISTORIC PRESERVATION COMMISSION A. An Iowa City Historic Preservation Commission is hereby established. The Commission shall initially consist of seven (7) members who shall be residents of the City of Iowa City. B. Members of the Commission shall be appointed by the City Council. At least one resident of each designated area of historical significance shall be appointed to the Commission. Other members shall be chosen at large from any part of the city and shall have some expertise in history, urban planning, architecture, archeology, law, sociology, or other closely related field, or shall demonstrate interest in the area of historic preservation. At least three of the members shall hold appointments at large.' Should the number of officially designated city historic districts exceed four in number, a new member shall be added to the Commission for each new district in excess of four districts. No more than one-third of the members of the Commission shall belong to the City's Planning and Zoning Commission. C. The original appointment of the members of the Commission shall be two (2) for one year, two (2) for two years, and three (3) for three years. The members appointed from designated historic districts shall serve, three year terms. After the initial appointment of members the term for each member shall be three years. D. Vacancies occuring in the Commission, other than by expiration of term of office, shall be filled only for the unexpired term. E. Members may serve for more than one term and each member shall serve until the appointment of a successor. F. Members shall serve without compensation. G. A simple majority of the Commission shall constitute a quorum for the _ transaction of business. SECTION IV. RULES OF THE COMMISSION. A. ' The Historic Preservation Commission shall elect from its membership a chairperson and vice -chairperson whose term of office shall be one year. The chairperson and vice -chairperson may serve for more than one term. The chairperson shall preside over the Commission and shall have the right to vote. The vice -chairperson shall, in cases of absence or disability of the chairperson, perform the duties of the chairperson. B. The City Manager shall designate a person to serve as secretary to the Commission. The secretary shall keep a record of all applications for Certificates of Appropriateness, resolutions, proceedings, and actions of the Historic Preservation Commission. C. The Commission shall recommend rules or by-laws for the transaction of its regular business to the City Council for adoption. The Commission shall have the authority to adopt rules of procedure in connection with the 'Fev? MICROFILM) BY JORM MIC ROLAB CEDAR RAPIDS O[S DES'? -1011 L Ordinance No. 82-3098 Page 4 approval or disapproval of Certificates of Appropriateness subject to approval of the City Council. D. The Commission shall keep a record, which shall be open to public view, of its resolutions, proceedings and actions. The vote or failure to vote of each member shall be recorded. The concurring affirmative vote of a majority of those members present shall be sufficient for a Certificate of Appropriateness to be granted, or for the adoption of any resolution, motion or other action of the Commission. The Commission shall submit a report on its activities to the Council and may make such recommendations to the Council as it deems necessary to carry out the principles of this ordinance. SECTION V. POWERS OF THE COMMISSION A. The Commission shall be authorized to conduct studies for the identification and designation of Historic Districts meeting the definitions established by this ordinance. The Commission may proceed at or its own initiative or upon a petition from any person, group association. B. The Commission shall review and act upon all applications for Certificates of Appropriateness, pursuant to Section VII of this ordinance. C. The Commission shall cooperate with property owners and city agencies pursuant to the provisions of Section VIII of this ordinance. D. The Commission shall further the efforts of historic preservation in the city by making recommendations to the City Council and city commissions and boards on preservation issues when appropriate, by encouraging the protection and enhancement of structures with historical, architectural or cultural value, and be encouraging persons and organizations to become involved in preservation activities. E. The Commission shall not obligate itself or the City of Iowa City in any financial undertaking unless authorized to do so by the City Council. SECTION VI. PROCEDURES FOR THE DESIGNATION OF HISTORIC DISTRICTS. A. The Commission may make a report recommending that an area be designated a historic district. Before any report or recommendation is submitted to the Planning and Zoning Commission for review, the Commission shall hold a public hearing on any proposal to designate an area as a historic district. The Commission shall give prior notice of the time, date, place, and subject matter of such hearing. Such notice shall be served by ordinary mail addressed to each property owner of land included within such proposed district at his or her last known address. If the address of any property owner is unknown such notice shall be served by ordinary mail addressed to "owner" at the street address of the property in question. The City Clerk shall file an affidavit of mailing setting forth the names, addresses, and date of. mailing of all property owners notified pursuant to this section. Such affidavit shall be filed with the clerk in the records of his/her office. After this public hearing the Commission shall submit its report I-01[20( 1LI1CD 61' ^. JORM MICROLAB CEDAR RAPIDS • DCS %101NCS 309'9 J. v L ­ Ordinance No. 82-3096 Page 5 to the Planning and Zoning Commission and shall include a proposed ordinance establishing such district and describing the boundary thereof. B. Within sixty (60) days of the receipt of the report, recommendation and proposed ordinance, the Planning and Zoning Commission shall report to the City Council with respect to the relation of such designation to the comprehensive plan, zoning ordinance, proposed public improvements and other plans for the renewal of the area involved. The Planning and Zoning Commission shall recommend approval, disapproval or modification of the proposed historic district. Upon submission of the report of the Planning and Zoning Commission, or upon the expiration of the sixty (60) day period, the matter shall be transmitted to the City Council. C. The City Council shall submit a description of the proposed area of historical significance or the petition describing the area to the Division of Historic Preservation of the Iowa State Historical Department for review and recommendations concerning the proposed area. The description of the proposed area shall be submitted to the Division of Historic Preservation at least 30 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 Division 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. 0. Upon receiving the recommendation of the Division of Historic Preservation, the City Council shall provide notice of such hearing as provided by law and conduct a public hearing on the ordinance establishing the proposed historic preservation district. The Council may adopt or reject the ordinance or may refer the historic district designation to the Commission for modification. SECTION VII. APPLICATIONS FOR CERTIFICATES OF APPROPRIATENESS. A. After adoption of the Historic Preservation Ordinance no individual or corporation shall undertake a change in appearance of a building or site within a designated historic district for which a regulatedep rmit is required, nor shall the Building Official issue a regulated permit for a change in appearance of a building or site, unless a Certificate of Appropriateness has been granted by the Historic Preservation Commission. The imposition of any additional activities requiring Certificates of Appropriateness shall require the approval of the City Council and the prior recommendation of the Commission and the State Division of Historic Preservation. B. Application for a Certificate of Appropriateness shall be made to the Building Official. The application should include drawings, photographs, sketches and other exhibits portraying the work to be accomplished which will aid the Historic Preservation Commission in the consideration of the application. C. 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 JORM MICR40LAO LE DAR RAPIDS • DES 101! S 30419 J r L Ordinance No. 82-3098 Page 6 other information to the Commission, unless the application pertains solely to the interior of the structure. D. All applications received before the closing date, to be >stablished by the Commission, shall be considered by the Commission at its next regularly scheduled meeting. The Commission shall review the application according to the duties and powers specified herein. In reviewing the application - the Commission may confer with the applicant or the applicant's authorized representative. In acting upon an application the Commission shall consider whether the change in appearance to a building or site proposed by the application conforms to standards set forth in the January 1979 revised edition of the Secretary of the Interior's "Standards for Rehabilitation." The Commission may use the Secretary of Interior's "Guidelines for Rehabilitating Historic Buildings" or other guidelines adopted by the Commission to aid in determining whether the proposed change in appearance to a building or site conforms to the Secretary for Rehabilitation." of Interior's "Standards E. The Commission shall approve, modify, or disapprove the application. The findings of the Commission on each application shall be contained in a written resolution setting forth the full reason for its decision and the vote of each member participating therein. Such resolution shall be placed on file for public inspection in the office of the City Clerk within five business days after the meeting at which the application was acted upon. Thereafter, a copy of the resolution shall be sent to the applicant by ordinary mail. If the application is approved or approved with modifications acceptable to the applicant a Certificate of Appropriateness will be issued, signed by the Chairperson, and immediately transmitted along with the application to the Building Official. If the application is disapproved it will be immediately transmitted, along with the written resolution of the Commission's findings, to the Building Official. F. Any applicant aggrieved by any decision of the Commission may appeal the action to the City Council. Such an appeal must be in writing and must be filed with the City Clerk no later than 10 business days after the filing of the above mentioned resolution. The City Council shall, within a reasonable time, hold a public hearing on the appeal, give public notice thereof as well as notice to the applicant and to the appellant, if different from the applicant, and decide the appeal within a reasonable time. In deciding such appeal, the.City Council shall consider whether the Commission has exercised its powers and followed the guidelines established by law and this ordinance, and whether the Commission's action was patently arbitrary or capricious. In exercising the above-mentioned powers the City Council may, in conformity with the provisions of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the Commission from whom the appeal is taken. G. If not satisfied with the decision of the City Council the appellant may appeal to the Johnson County district court within 60 days after the Cduncil's decision. 3oy9 IIICROi ILMID BY JORM MICROLAB CEDAR RAPIDS • DES'401`!ES J L Ordinance No. 82-3098 Page 7 Certificates of Appropriateness issued on the basis of approved applications authorize only changes in appearance set forth in such approved applications and no other changes in appearance. It shall be the duty of the Building Official or his/her designee to inspect from time to time any work performed pursuant to such a Certificate to insure compliance with the requirements of such Certificate. 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. Any change in appearance at variance with that authorized by the Certificate shall be deemed a violation of these regulations and shall be punishable as provided in Section X of this ordinance. SECTION VIII. REMEDY OF DANGEROUS CONDITIONS. A. Except for emergencies as determined by the Building Official pursuant to the ordinances of the City of Iowa City, City enforcement agencies and departments shall give the Historic Preservation Commission at least 30 days notice of any proposed order which may affect the exterior features of any building within a historic district by directing changes or alterations of such building for remedying conditions determined to be dangerous to life, health or property. B. The Commission shall have the power to require that changes of alterations not adversely affect the exterior features of a building in cases where the danger to life, health or property may be abated without detracting from the exterior features of the building. In such 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 achieve a preservation solution 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 Chairman of the Commission, the property owner, and the head of the city agency or department. C. If a preservation solution acceptable to the Commission, the City agency or department, and the property owner cannot be reached within 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. SECTION IX. COMPATIBILITY WITH EXISTING ZONING REGULATIONS. Any new building shall conform to all set off requirements of the zone in which it is to be built. or moved. If a building which has lost 100% or more of its assessed value due to fire or other natural disasters is to be reconstructed as near as possible to its original exterior design, it may be placed upon its original foundation or the site of the original foundation. SECTION X. ENFORCEMENT, VIOLATIONS AND PENALTIES. A. It shall be the duty of the Building Official to enforce these regulations and to bring to the attention of the City Council any violations or lack of compliance herewith. B. Any person who violates, disobeys, omits, neglects or refuses to 'comply with any provision of this ordinance shall be charged with a simple M ICROP I LIIED BY' JORM MICROLAB � CEDAR RAPIDS • DES MINES 34411 J r L. Ordinance No. Page B misdemeanor to be prosecuted in a court of appropriate jurisdiction in Johnson County, Iowa. C. Violations of Section VII and VIII of this Ordinance are deemed and declared to be a nuisance, and as such may be subject to summary abatement by means of a restraining order or injunction issued by the District Court. SECTION XI. SEVERABILITY. Should any section or provision of this ordinance be decided by a court of this state to be unconstitutional or involid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. SECTION XII. SHORT TITLE. This ordinance shall be known and may be cited as "The Historic Preservation Ordinance of the City of Iowa City, Iowa." SECTION XIII. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION XIV. EFFECTIVE DATE. This ordinance shall take effect immediately upon passage and publication as required by law. y DAVID PERRET, MAYOR PRO TEM MAAN K , ULFUY CIr CLARK It was moved by Dickson and seconded by Erdahl that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON _ x EROAHL x LYNCH �— MCDONALD x NEUHAUSER y PERRET First consideration 11/23/82 Vote for passage: Ayes: Neuhauser, Perret, Balmer, Dickson, Erdahl, Lynch. Nays: McDonald. Absent: None. Second consideration I2il3/82 Vote for passage: Ayes: Dickson, Erdahl, Lynch, Neuhauser, Perret, Balmer. Nays: McDonald. Absent: None. Date published December 29, 1982 ' MICROFILMED BY JORM MICROLAB CEDAR RAPIDS • DES '10INFS I Received & Rporcwn:: By The Legal Depa�n ent 3 o s�9 J 1W ,■ u City of Iowa City MEMORANDUM Date: November 3, 1982 TO: City Council From: Pat Keller, Associate Planner Re: Historic Preservation Ordinance The Historic Preservation Ordinance (HPO) has undergone initial review by City Council. Two revisions have been made by the Council to the HPO. These revisions serve to further specify the intent of the ordinance. The first change involves the wording of Section II. Definitions, J. Regulated Permit, which now reads as follows: J. Regulated Permit. A permit issued by the Building Official, or other official of the City of Iowa City, according to the provisions of the 1) Building Code, 2) Sign Regulations, 3) House Movers Ordinance, or 4) Fire Code. The second change includes: SECTION VII. APPLICATION FOR CERTIFICATE OF APPROPRIATENESS. A. After adoption of the Historic Preservation Ordinance no individual or corporation shall undertake a change in appearance of a building or site within a designated historic district for which a regulatedep Emit is required, nor shall' the Building Official issue a regulated permit for a change in appearance of a building or site, unless a Certificate of Appropriateness has been granted by the Historic Preservation Commission. The imposition of any additional improvements requiring a Certificate of . Appropriateness shall require the approval of the City Council and the prior recommendation of the Commission and the State Division of Historic Preservation. Because the HPO has been altered, another public hearing will be held to review the ordinance. The public hearing is set for November, 1982. Included below is a list of dates that pertain to the Historic. Preservation Ordinance. November 9 - public hearing November 23 - first consideration December i - second consideration December 21 - final consideration and vote for passage and adoption bdwl/9-10 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS • DES MOVIES I J \■