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Home My WebLink AboutBy-LawsChris Olney From: Kellie Fruehling Sent: Wednesday, April 04, 2018 12:35 PM To: Bob Miklo; Marcia Bollinger, Chris Olney Subject: Terms CPRB (Jul 1 — Jul i), Historic Preservation Commission (Jul 1- Jul 1), Planning & Zoning Commission (Jul 1- Jul 1), and Public Art Advisory Committee (Jan 1- Jan 1) all have terms with the same start and end date. I talked with Eleanor and we agreed to change the ending date on each commission by 1 day, so July 1 will now be Jun 3o and Jan 1 will be Dec 31. As you make changes to your by-laws, please update the ending term to the appropriate date. Let me know if you have questions. Thanks Kellie Fruehling City Clerk City of Iowa City 410 E Washington St Iowa City, IA 52240 (319) 356-5041 Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 16-202 RESOLUTION APPROVING THE BY-LAWS OF THE IOWA CITY HISTORIC PRESERVATION COMMISSION WHEREAS, the by-laws of the Historic Preservation Commission have not been updated since 2004; and WHEREAS, it is in the public interest to adopt by-laws which guide the procedures and actions of the commission by clarifying the commissioners will reside in Iowa City, their terms will expire July 1 and adding a conflict of interest portion; and WHEREAS, the Historic Preservation Commission recommended unanimously at their February 26, 2016 and April 14, 2016 Commission meeting to approve the amended by-laws; and WHEREAS, the proposed by-laws have been reviewed by the Council Rules Committee, and are recommended for adoption. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The by-laws of the Iowa City Historic Preservation Commission, attached hereto and incorporated by reference herein, are approved and adopted by the City Council. Passed and approved this 21st day of June , 2016. M OR ATTEST: CIT LERK Approved By: City Attorney's Office s/by-laws res.doc 0 Resolution No. 16-202 Page 2 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Thomas the Botchway Cole Dickens Mims Taylor Thomas Throgmorton BY-LAWS IOkYA CITY HISTORIC PRESERVATION COMMISSION (Recommended by HPC April 14, 2016) ARTICLE I. MEETINGS Section 1. Regular Meetings. Regular meetings of this Commission shall be held once each month. In addition, a date and time may be reserved for a second meeting each month for the purpose of reviewing Certificate of Appropriateness applications. If no applications are filed for review at the second meeting, the meeting need not occur. Section 2. Special Meetings. Special meetings of the members may be called by the Chairperson and shall be called by the Chairperson's at the request of three or more members of the Commission. Section 3. Place of Meetings. Regular meetings shall be in the City Hall or other appropriate meeting place in Iowa City, Iowa. Should these places be unavailable, another meeting place shall be selected. The meeting place shall be accessible to people with disabilities. Section 4. Notre of Meeting. Notice and agenda for all regular meetings shall be distributed to all members of the Commission and the press. Special meetings may be called upon notice to all members of the media at least 24 hours before a special meeting is held. All provisions of the State Open Meetings Law shall be followed. Section 5. Quorum. A majority of the members of the Commission shall constitute a quorum at any meeting and a majority of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during all regular meetings for open public discussion. ARTICLE II. MEMBERSHIP Section 1. Membership. The Historic Preservation Commission shall consist of one representative from each historic district and four members selected at -large. The Chairperson and Vice - Chairperson will be elected annually by the Commission members. All members shall reside within the City limits of the City of Iowa City, Iowa, and shall serve as members without compensation, but shall be entitled to the necessary expenses, including travel expenses, incurred in the discharge of their duties. Section 2. Nomination. The City Council shall appoint members to the Historic Preservation Commission as vacancies occur. If a position/appointment becomes vacant by reason of resignation or otherwise and results in an unexpired term, the Council may choose to fill the unexpired term in such a manner that the appointee shall continue in the position not only through the unexpired term but also through a subsequent regular term. ppd adm i n\byl awhpc.doc Section 3. Terms. Members shall be appointed for three-year terms. All terms expire July 1 and no more than four terms may expire in any given year. Section 4. Absences. Three consecutive unexplained absences of a Commission member may result in a recommendation to the Mayor from the Commission to discharge such member and appoint a new Commission member. Section 5. Orientation for New Members. Prior to the first regular meeting following their appointment, new members shall be provided with copies of the pertinent portions of the City Code Historic Preservation Commission By-laws, and other documents that would be useful to Commission members in carrying out their duties. ARTICLE III. OFFICERS Section 1. Number. The officers of this Commission shall be a Chairperson and Vice -Chairperson, each of whom shall be elected by members of the Commission. Section 2. Election and Term of Office. The officers of this Commission shall be elected annually. Section 3. Vacancies. A vacancy in either office shall be filled by Commission members for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings of the members, appoint committees, call special meetings and in general perform all duties of the Chairperson and such other duties as may be prescribed by members from time to time. Section 5. Vice -Chairperson. In the absence of the Chairperson or in the event of death, inability or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. ARTICLE IV. CONDUCT OF COMMISSION AFFAIRS Section 1. Agenda. The Chairperson or a designated representative, together with appropriate members of the City staff, shall prepare an agenda for all regular Commission meetings. Agendas are to be sent to Commission members, the City Council and the media at least three days prior to the regular meetings. Section 2. Secretary. A secretary, not to be a Commission member, shall be provided for all regular and special meetings. Section 3. Minutes. Minutes of all regular and special meetings are to be prepared and distributed to Commission members and approved by the Commission prior to being sent to City Council, in the manner prescribed by the Council. Specific recommendations for the Council are to be set off from the main body of the minutes, and appropriately identified. Section 4. Policies and Program . Periodically, the Commission shall review the policies and programs of the City relating to historic preservation, and make such recommendations to the City Council as are deemed appropriate. 3 Section 5. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Commission by the City Council. The Commission shall initiate the consideration of such items at the next regular meeting following receipt, and shall notify Council of its disposition. Section 6. Attendance at Council Meetings. The Commission Chairperson or designated representative are to be in attendance at all City Council meetings, including informal sessions, at which matters pertaining to the Commission are to be discussed or when actions concerning the Commission's responsibilities are to be taken. The Commission's Chairperson is to receive Council agenda prior to each Council meeting, and is to be otherwise notified of meetings involving Commission business. Section 7. Annual Repo . An annual report, detailing the activities of the Commission, shall be prepared by the Chairperson, approved by the Commission, and submitted to the City Council. Section 8. Liaison with Planning and Zoning Commission. At such time as the Commission undertakes any business which is deemed pertinent to the activities of the Planning and Zoning Commission, the Planning and Zoning Commission shall be so notified, and may send a representative to the next meeting of the Historic Preservation Commission to act as a liaison between the two Commissions. Section 9. Ex parte Contacts. A member who has had a discussion of an agenda item outside of a public meeting with an interested party shall reveal the contact prior to staff report, naming the other party and sharing specifics of the contact, copies if in writing or a synopsis if verbal. Provided, however, that in ruling upon applications for certificates of appropriateness, the Commission is acting in a quasi-judicial capacity. In these matters, ex parte communications item outside of a public meeting between members of the Commission and parties or persons with a personal interest in the application should not occur, in accordance with Rodine v. Zoning Board of Adjustment of Polk County, 434 N.W. 2d 124 (1988). Section 10. Conflict of Interest. Members who believe they have a conflict of interest on a matter about to come before the Commission shall state the reason for the conflict of interest and leave the panel of the Commission before the discussion begins. Members who recuse themselves may choose to leave the meeting room for the procedures for that application. Section 11. Desi n Review Subcommittee. The Commission shall have the authority to establish a historic preservation design review subcommittee to review and make recommendations to the Commission regarding applications for certificates of appropriateness. Said subcommittee shall consist of three members of the Commission, appointed annually by the Commission, to serve one year terms. ARTICLE V. AMENDMENTS Section 1. These by-laws may be altered, amended or repealed and new by-laws may be adopted by the members at any regular meeting or at any special meeting called for that purpose. ppdadmi n\bylawhpc.doc All rf� ZL�J Marian Karr1�� From: Mitch Behr n; Sent: Wednesday, September 28, 2005 11:23 AM To: Marian Karr Subject: HPC question last night The state code provisions regarding2re found at 303.20 through 303.40. ol� s l �,ff.:. , CITY OF IOWA CITY Tt MEMORANDUM Date: September 23, 2005 To: City Council From: Eleanor M. Dilkes, City Attorney Re: State Requirements for City Boards and Commissions In her memo of July 22, 2005, a copy of which is attached, Planning Director Karin Franklin set forth the State Code requirements for city boards and commissions staffed by the Planning Department. The following are state requirements for boards staffed by other city departments: 1) Library Board. Pursuant to Section 392.5 of the Iowa Code, any proposal to alter the composition, manner of selection, or charge of a library board is subject to voter approval. Pursuant to Title 11 of the City Code, the Library Board of Trustees consists of nine members appointed by the Mayor with approval of the City Council, and a county representative. All members of the board must be residents of the city, except for the non-resident member, and all must be over the age of 18 years. 2) Airport Commission. Pursuant to Section 330.20 of the Iowa Code, the Airport Commission may consist of three or five resident voters. The terms of office can be established by city ordinance but shall be no more than six and no less than three years. 3) Airport Zoning Commission. Pursuant to Section 329.9 of the Iowa Code, the Commission consists of two members from the City, two from the County and a Chair selected by majority vote of the other members. The terms must be six years. 4) Airport Zoning Board of Adjustment. Pursuant to Section 329.12, the Board of Adjustment consists of two members appointed by the City Council, two appointed by the Board of Supervisors and one additional member as chair, selected by a majority vote of the other members. The terms must be five years. Cc: City Manager Assistant City Manager City. Clerk eleanor/mem/brd-comm-reqs.doc k .:III F CITY OF IOWA CITY IP4 MEMORANDUM Date: July 22, 2005 L� To: Steve Atkins, City Manager From: Karin Franklin, Director, PCD Re: State requirements for Boards and Commissions As requested, we have reviewed State law relative to the various appointed boards and commissions staffed by the Planning Department. Those include Housing and Community Development Commission (HCDC), Planning & Zoning Commission (P&Z), Board of Adjustment (BOA), Historic Preservation Commission (HRO), and Public Art Advisory Committee (PAAC). Only P&Z, BOA and HPC are addressed in the Code of Iowa. 303.34 A city must provide by ordinance for an historic preservation commission when an ordinance is enacted designating an historic district. There must be at least three members; otherwise the terms and numbers of members of the commission are left to local discretion. Guidance is given as to the expertise of members and that not more than one-third of the commission can also be zoning commissioners. A representative from each designated historic district is required.- 414.6 Requirements for a zoning commission are more vague. A commission is required if a city wants to have zoning. There are no stipulations for number, terms or qualifications. Reference is made to a city plan commission being able to act as the zoning commission, but there is no other reference in the Code to a plan commission. 414.7 By Code, the board of adjustment shall consist of 5 or 7 members who will serve for 5 years. A majority of the members must be persons representing the public at large and cannot be involved in the buying or selling of real estate. -0 -D 13 Prepared by: Shelley McCafferty, Assoc. Planner 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 _. RESOLUTION NO. 04-32 RESOLUTION AMENDING THE BY-LAWS OF THE HISTORIC PRESERVATION COMMISSION WHEREAS, Resolution No. 83-371 adopted by-laws governing the meetings, membership, officers, and conduct of the Iowa City Historic Preservation Commission; and WHEREAS, the Commission and City Council wish to amend the Commission's by-laws to provide for one representative from each historic district, which is consistent with State code; and WHEREAS, the Commission and City Council wish to amend the Commission's by-laws to establish the expiration date for all terms as March 29; and WHEREAS, the Commission and City Council wish to amend the Commission's by-laws regarding ex parte contacts between property owners and staff, subcommittees or members of the Historic Preservation Commission; and WHEREAS, the Commission and City Council wish to amend the Commission's by-laws to provide for the establishment of a design review subcommittee to review applications for certificates of appropriateness and make recommendations to a quorum of Historic Preservation Commission at its regularly scheduled meetings; and WHEREAS, the Iowa City Historic Preservation Commission has approved acceptance of the proposed by-law amendments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: the by-laws of the Iowa City Historic Preservation Commission, as amended and as attached hereto, are approved as to form and content, and are hereby adopted. Passed and approved this 3rd day of February _ 20_QA_. ❑R AR L!!! Approved by Mgt - ATTEST: �' �� `],tsrJ CM-CCLEERK City ttomey's Office It was moved by _Wi 1 burn and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey X Champion X Elliot X Lehman X O'Donnell X Vanderhoef x Wilburn ppdadminVes\d typlat.doc BY-LAWS IOWA CITY HISTORIC PRESERVATION COMMISSION ARTICLE I MEETINGS Section 1. Regular Meetings. Regular meetings of this Commission shall be held once each month. In addition, a date and time shall be reserved for a second meeting each month for the purpose of reviewing Certificate of Appropriateness applications. If no applications are filed for review at the second meeting, the meeting need not occur. Section 2. Special Meetings. Special meetings of the members may be called by the Chairperson and shall be called by the Chairpersons at the request for of three or more members of the Commission. Section 3. Place of Meetings. Regular meetings shall be in the Iowa City Public Library, Civic Center or other appropriate meeting place in Iowa City, Iowa. Should these places be unavailable, another meeting place shall be selected. Section 4. Notice of Meeting. Notice and agenda for all regular meetings shall be distributed to all members of the Commission and the press. Special meetings may be called upon notice to all members of the media at least 24 hours before a special meeting is held. All provisions of the State Open Meetings Law shall be followed. Section 5. Quorum. A -majority of the members of the Commission shall constitute a quorum at any meeting and a majority of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during all regular meetings for open public discussion. ARTICLE II. MEMBERSHIP Section 1. Membership. The Historic Preservation Commission shall consist of sevenFs one representative from each historic district and four members selected at -large; +�of member -ship c.ha e 4F, the shekened �nrmc that nrnl 9F staggered ecarruc-znfL�-�F2�F5: �'�'c�E'�3t - F�rr� r�-�-p ry �9� rnem�ersla+p. The Chairperson and Vice -Chairperson will be elected annually by the Commission members. All members shall be qualified electors of the City of Iowa City, Iowa, and shall serve as members without compensation, but shall be entitled to the necessary expenses, including travel expenses, incurred in the discharge of their duties. Section 2. Nomination. The City Council shall appoint members to the Historic Preservation Commission as vacancies occur. If a position/appointment becomes vacant by reason of resignation or otherwise and results in an unexpired term, the Council may choose to fill the K unexpired term in such a manner that the appointee shall continue in the position not only through the unexpired term but also through a subsequent regular term. Section 3. Terms. potn e teFPRof present members, new Members shall be appointed for three-year terms. All terms expire March 29 and no more than four terms may expire in any.given year. Section 4. Absences. Three consecutive unexplained absences of a Commission member may result in a recommendation to the Mayor from the Commission to discharge such member and appoint a new Commission member. Section 5. Orientation for New Members. Prior to the first regular meeting following their appointment, new members shall be provided with copies of the pertinent portions of the City Code, Historic Preservation Commission By-laws, and other documents that would be useful to Commission members in carrying out their duties. ARTICLE III. OFFICERS Section 1. Number. The officers of this Commission shall be a Chairperson and Vice - Chairperson, each of whom shall be elected by members of the Commission. Section 2. Election and Term of Office. The officers of this Commission shall be elected annually. Section 3. Vacancies. A vacancy in either office shall be filled by Commission members for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings of the members, appoint committees, call special meetings and in general perform all duties of the Chairperson and such other duties as may be prescribed by members from time to time. Section 5. Vice -Chairperson. In the absence of the Chairperson or in the event of death, inability or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. ARTICLE IV. CONDUCT OF COMMISSION AFFAIRS Section 1. Agenda. The Chairperson or a designated representative, together with appropriate members of the City staff, shall prepare an agenda for all regular Commission meetings. Agendas are to be sent to Commission members, the City Council and the media at least three days prior to the regular meetings. Section 2. Secretary. A secretary, not to be a Commission member, shall be provided for all regular and special meetings. Section 3. Minutes. Minutes of all regular and special meetings are to be prepared and 3 distributed to Commission members and approved by the Commission prior to being sent to City Council, in the manner prescribed by the Council. Specific recommendations for the Council are to be set off from the main body of the minutes, and appropriately identified. Section 4. Policies and Programs. Periodically, the Commission shall review the policies and programs of the City relating to historic preservation, and make such recommendations to the City Council as are deemed appropriate. Section 5. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Commission by the City Council. The Commission shall initiate the consideration of such items at the next regular meeting following receipt, and shall notify Council of its disposition. Section 6. Attendance at Council Meetings. The Commission Chairperson or designated representative are to be in attendance at all City Council meetings, including informal sessions, at which matters pertaining to the Commission are to be discussed or when actions concerning the Commission's responsibilities are to be taken. The Commission's Chairperson is to receive Council agenda prior to each Council meeting, and is to be otherwise notified of meetings involving Commission business. Section 7. Annual Repart. An annual report, detailing the activities of the Commission, shall be prepared by the Chairperson, approved by the Commission, and submitted to the City Council. Section 8. Liaison with Planning and Zoning Commission. At such time as the Commission undertakes any business which is deemed pertinent to the activities of the Planning and Zoning Commission, the Planning and Zoning Commission shall be so notified, and may' send a representative to the next meeting of the Historic Preservation Commission to act as a liaison between the two Commissions. Section 9. Ex parte Contacts. Property owners will often consult with staff, subcommittees, or members of the Historic Preservation Commission before submitting plans to the full Commission for approval. When this occurs, property owners shall be told that the final authority rests with the full Commission. When an application for a certificate of appropriateness is reviewed by the Commission, any discussion between the property owner and staff, subcommittees, or members of the Commission shall be disclosed to the full Commission. Section 10. Historic Review Subcommittee. The Commission may establish a subcommittee for review applications for Certificates of Appropriateness. The subcommittee shall advise the applicant regarding any changes required to bring their proposed project into compliance with the Iowa City Historic Preservation Guidelines, District Guidelines and the Secretary of Interior's Standards for Rehabilitation. The subcommittee or a designated representative shall make recommendations to the Commission regarding compliance of the application. The subcommittee shall be composed of three members. ARTICLE V. AMENDMENTS Section 1. These by-laws may be altered, amended or repealed and new by-laws may be adopted by the members at any regular meeting or at any special meeting called for that purpose. Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 00-271 RESOLUTION AMENDING THE BY-LAWS OF THE HISTORIC PRESERVATION COMMISSION TO PROVIDE FOR A SECOND REGULAR MONTHLY MEETING, AS NEEDED. WHEREAS, Resolution No. 83-371 adopted By -Laws governing the meetings, membership, officers, and conduct of the Historic Preservation Commission; and WHEREAS, the Commission and City Council wish to amend the Commission's By -Laws to provide for a second regular monthly meeting as needed; and WHEREAS, the Rules Committee of the Iowa City City Council has unanimously approved acceptance of the proposed By -Law amendments for the Iowa City Historic Preservation Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: the By -Laws of the Iowa City Historic Preservation Commission, as amended and as attached hereto, are approved as to form and content, and are hereby adopted. Passed and approved this 1st day of August 12000 IVA Uffikeli ATTEST' CITY -CLERK It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: AYES: NAYS: ppdadmheslhpcbylaws. doc +�• :�aa ■FIN I 0' Donnel 1 the Resolution be ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn BY-LAWS IOWA CITY HISTORIC PRESERVATION COMMISSION ARTICLE I. MEETINGS Section 1. Regular Meetings. Regular meetings of this Commission shall be held once each month. In addition, a date and time shall be reserved for a second meeting each month for the purpose of reviewing Certificate of Appropriateness applications. If no applications are filed for review at the second meeting, the meeting need not occur. Section 2. Special Meetings. Special meetings of the members may be called by the Chairperson and shall be called by the Chairperson's request for members of the Commission. Section 3. Place of Meetings. Regular meetings shall be in the Iowa City Public Library, Civic Center or other appropriate meeting place in Iowa City, Iowa. Should these places be unavailable, another meeting place shall be selected. Section 4. Notice of Meeting. Notice and agenda for all regular meetings shall be distributed to all members of the Commission and the press. Special meetings may be called upon notice to all members of the media at least 24 hours before a special meeting is held. All provisions of the State Open Meetings Law shall be followed. Section 5. Quorum. A majority of the members of the Commission shall constitute a quorum at any meeting and a majority of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during all regular meetings for open public discussion. ARTICLE II. MEMBERSHIP Section 1. Membership. The Historic Preservation Commission shall consist of seven members; term of membership shall be three years except for the shortened terms that provide for staggered membership. The Chairperson and Vice -Chairperson will be elected annually by the Commission members. All members shall be qualified electors of the City of Iowa City, Iowa, and shall serve as members without compensation, but shall be entitled to the necessary expenses, including travel expenses, incurred in the discharge of their duties. Section 2. Nomination. The City Council shall appoint members to the Historic Preservation Commission as vacancies occur. If a position/appointment becomes vacant by reason of resignation or otherwise and results in an unexpired term, the Council may choose to fill the unexpired term in such a manner that the appointee shall continue in the position not only through the unexpired term but also through a subsequent regular term. K Section 3. Terms. Upon the expiration of terms of present members, new members shall be appointed for three-year terms. Section 4. Absences. Three consecutive unexplained absences of a Commission member may result in a recommendation to the Mayor from the Commission to discharge such member and appoint a new Commission member. Section 5. Orientation for New Members. Prior to the first regular meeting following their appointment, new members shall be provided with copies of the pertinent portions of the City Code, Historic Preservation Commission By-laws, and other documents that would be useful to Commission members in carrying out their duties. ARTI(:I F III OFFICERS Section 1. Number. The officers of this Commission shall be a Chairperson and Vice - Chairperson, each of whom shall be elected by members of the Commission. Section 2. Election and Term of Office. The officers of this Commission shall be elected annually. Section 3. Vacancies. A vacancy in either office shall be filled by Commission members for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings of the members, appoint committees, call special meetings and in general perform all duties of the Chairperson and such other duties as may be prescribed by members from time to time. Section 5. Vice -Chairperson. In the absence of the Chairperson or in the event of death, inability or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. ARTICLE IV CONDUCT OF COMMISSION AFFAIRS Section 1. Agenda. The Chairperson or a designated representative, together with appropriate members of the City staff, shall prepare an agenda for all regular Commission meetings. Agendas are to be sent to Commission members, the City Council and the media at least three days prior to the regular meetings. Section 2. Secretary. A secretary, not to be a Commission member, shall be provided for all regular and special meetings. Section 3. Minutes. Minutes of all regular and special meetings are to be prepared and distributed to Commission members and approved by the Commission prior to being sent to City Council, in the manner prescribed by the Council. Specific recommendations for the Council are to be set off from the main body of the minutes, and appropriately identified. 3 Section 4. Policies and Programs. Periodically, the Commission shall review the policies and programs of the City relating to historic preservation, and make such recommendations to the City Council as are deemed appropriate. Section 5. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Commission by the City Council. The Commission shall initiate the consideration of such items at the next regular meeting following receipt, and shall notify Council of its disposition. Section 6. Attendance at Council Meetings. The Commission Chairperson or designated representative are to be in attendance at all City Council meetings, including informal sessions, at which matters pertaining to the Commission are to be discussed or when actions concerning the Commission's responsibilities are to be taken. The Commission's Chairperson is to receive Council agenda prior to each Council meeting, and is to be otherwise notified of meetings involving Commission business. Section 7. Annual Report. An annual report, detailing the activities of the Commission, shall be prepared by the Chairperson, approved by the Commission, and submitted to the City Council. Section B. Liaison with Planning and Zoning Commission. At such time as the Commission undertakes any business which is deemed pertinent to the activities of the Planning and Zoning Commission, the Planning and Zoning Commission shall be so notified, and may send a representative to the next meeting of the Historic Preservation Commission to act as a liaison between the two Commissions. ARTICLE V AMENDMENTS Section 1. These by-laws may be altered, amended or repealed and new by-laws may be adopted by the members at any regular meeting or at any special meeting called for that purpose. p pd ad min\bylawh pc.d oc RESOLUTION NO. 95-3.1.4 RESOLUTION AMENDING THE BY-LAWS OF THE IOWA CITY HISTORIC PRESERVATION COMMISSION BY AMENDING THE PROVISIONS FOR FILLING VACATED, UNEXPIRED TERMS. WHEREAS, City Council, upon a recommendation from its Rules Committee, has directed all City Boards and Commissions to amend their by-laws with regard to the filling of vacated, unexpired terms; and WHEREAS, City Code Section 14-4C-4C requires that changes to the by-laws of the Historic Preservation Commission be adopted by City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the By -Laws of the Iowa City Historic Preservation Commission, as amended and as attached hereto, are approved as to form and content, and are hereby adopted. Passed and approved this 24th day of October , 1995. ATTEST:M�.e.r-� CITY CLERK YOR Approved by _City r torney icef�� _95 It was moved by Lehman and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker x Horowitz x Kubby X Lehman X Novick -y Pigott y Throgmorton pp dadmin\hpb ylawa. res ORDINANCE NO. 95--1695 ORDINANCE AMENDING TITLE 14, CHAPTER 4, "LAND CONTROL AND DEVELOPMENT," ARTICLE C, "HISTORIC PRESERVATION REGU- LATIONS," SECTION 3, "HISTORIC PRESER- VATION COMMISSION," BY AMENDING THE MEMBERSHIP RULES OF THE HISTORIC PRES- ERVATION COMMISSION. WHEREAS, the City Council has directed all City boards and commissions to amend their bylaws with regard to the filling of vacated, unexpired terms; and WHEREAS, the requested amendments to the bylaws of the Historic Preservation Commission necessitate changes in Title 14, Chapter 4, Land Control and Development, Article C, Historic Preservation Regulations; and WHEREAS, the Commission and City Council wish to also amend the Commission's member- ship rules by requiring the appointment of a greater number of at large members to the Historic Preservation Commission; and WHEREAS, a greater number of at large members is required in order to ensure that the membership of the Commission consists of individuals with the technical expertise neces- sary to make sound decisions regarding historic preservation issues. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 14, Chapter 4, Land Control and Development, Article C, Historic Preservation Regulations, Section 3, Historic Preservation Commission, is hereby repealed and amended as follows: a. Section 14-4C-3B is hereby repealed and amended to read as follows: B. Members of the Commission shall be appointed by the City Council. At least one resident of each designated historic district shall be appointed to the Com- mission. Other members shall be chos- en at large from any part of the City and shall have some expertise in histo- ry, urban planning, architecture, ar- chaeology, law, sociology or other closely related field, or shall demon- strate interest in the area of historic preservation. At least four (4) mem- bers shall hold appointments at large. Should the number of officially desig- 32 Ordinance No. 95-3695 Page 2 nated City historic districts exceed three (3) in number, a new member shall be added to the Commission for each new district in excess of three (3) districts. The new member shall be appointed by the City Council as soon as practicable after the official designa- tion of the historic district triggering the operation of the preceding clause. b. Section 14-4C-3D is hereby repealed and amended to read as follows: D. Vacancies occurring in the Commission shall be filled by appointment by the City Council in accordance with the by- laws of the Commission. SECTION Il. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 24th day of October, 1995. MAYOR ' ATTEST: CITY CLERK C ndby ttarniEi' ic°l f3-� ppdadmin\hpcbylaw.Ord 32 Ordinance No. 95-3695 Page 3 It was moved by Pigott and seconded by Novick that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman Novick x Pigott x Throgmorton First Consideration QI?A/95 Vote for passage: AYES: Kubby, Lehman, Novick, Pigott, Throgmorton, Baker, Horowitz. NAYS: None. ABSENT: None. Second Consideration 1() / 10 / 9 5 Vote for passage: AYES: Novick, Pigott, Throgmorton, Baker, Horowitz, Kubby, Lehman. NAYS: None. ABSENT: None. Date published 11/1/95 3� ORDINANCE NO. 95-3691 AN ORDINANCE AMENDING TITLE 14, CHAP- TER 4, "LAND CONTROL AND DEVELOP- MENT," ARTICLE C, "HISTORIC PRESERVA- TION REGULATIONS," AND CHAPTER 6, "ZONING," ARTICLE J, "OVERLAY ZONES" TO ALLOW THE CITY TO DESIGNATE HIS- TORIC LANDMARKS AND CONSERVATION DISTRICTS. WHEREAS, the City has adopted the Iowa City Historic Preservation Plan as an ele- ment of the Comprehensive Plan, and; WHEREAS, the Historic Preservation Plan calls for the adoption of legislation to allow the City to designate and protect Historic Land- marks, and; WHEREAS, the Historic Preservation Plan also calls for the adoption of legislation to allow the City to designate and regulate devel- opment within conservation districts to preserve the appearance and character of its "traditional" neighborhoods. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 10- WA CITY, IOWA, THAT: SECTION I. AMENDMENT. Chapter 4, entitled "Land Control and Development," is hereby amended by repealing Article C, entitled "Historic Preservation Regulations," and replacing there- with a new Article C, entitled "Historic Preserva- tion Regulations" as follows: CHAPTER 4 LAND CONTROL AND DEVELOPMENT ARTICLE C. HISTORIC PRESERVATION REGULATIONS SECTION: 14-4C-1: Purpose and Intent 14-4C-2: Definitions 14-4C-3: Historic Preservation Commission 14-4C-4: Rules of the Commission 14-4C-5: Powers of the Commission 14-4C-6: Procedures for the Designation of Historic Districts and Historic Landmarks 14-4C-6.1: Register of Historic Landmarks and Historic Districts 14-4C-6.2: Recording of Historic Landmarks 14-4C-6.3: Historic Landmark Plaques 14-4C-7: Applications for Certificates of Appropriateness 14-4C-8: Remedy of Dangerous Conditions 14-4C-9: Compliance with Zoning Regula- tions 14-4C-10: Penalties Ordinance No. 95-3591 Page 2 14-4C-1: PURPOSE AND INTENT: The pur- pose of this Article is to: A. Promote the educational, cultural, eco- nomic and general welfare of the public through the protection, enhancement and perpetuation of historic districts and his- toric and cultural landmarks located in the City; B. Safeguard the City's historic, aesthetic and cultural heritage by preserving dis- tricts, historic landmarks and properties of historical, architectural and cultural significance; C. Stabilize and improve property values by conserving historic properties; D. Foster civic pride in the legacy of beauty and achievements of the past; E. Protect and enhance the City's attrac- tions to tourists and visitors and thereby support and stimulate business thereby provided; F. Strengthen the economy of the City; and G. Promote the use of districts of historic and cultural significance as sites for the education, pleasure and welfare of the people of the City. (Ord. 94-3636, 8-30- 94, eff. 9-1-94) 14-4C-2: DEFINITIONS: As used in this Article, the following definitions shall apply: APPLICANT: The party making application for a certificate of appropriateness from the Iowa City Historic Preservation Commission. APPLICATION: A written request by a prop- erty owner or other party to the Iowa City Historic Preservation Commission for a certificate of ap- propriateness. 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. CERTIFICATE OF NO MATERIAL EFFECT: The document, issued in lieu of a certificate of appropriateness, which signifies that the work contemplated in the application will have no effect on any significant architectural features of the building, historic landmark or on the historic dis- trict. The certificate of no material effect evidenc- es approval by the Historic Preservation Commis- sion and the Department of Planning and Com- munity Development of a proposal to make a change in appearance. CHANGE IN APPEARANCE: Any change or alteration of the exterior features of a landmark, of a building or change or alteration of the ap- pearance of a property within a historic district or Ordinance No. 95-3691 Page 3 conservation 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 mov- ing or other regulated permit is required for com- pliance with applicable City codes.' Further- more, nothing in this definition shall be construed to prohibit or limit normal repairs or maintenance which do not involve alterations or changes in the exterior features of a historic landmark or of a building and for which no regulated permit is required. For the purposes of this Article, chang- es made in the color of the exterior surfaces of a building are not considered a change in appear- ance, but deemed to be ordinary maintenance and repair. 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 build- ing or historic landmark. COMMISSION: The Iowa City Historic Pres- ervation Commission, as established by Ordi- nance 94-3636 in accord with this adopted Arti- cle. CONSERVATION DISTRICT: An area that contains abutting pieces of property under diverse ownership, the built portions of which by majority are at least 50 years old and which: A. According to a historic resources survey, no more than 60% of the structures are of a quality, integrity and condition that qualify for historic district designation; and B. Represent the traditional character of Iowa City neighborhoods through archi- tectural characteristics, building scale, building setback, and streetscape design; or C. Exemplify a pattern of neighborhood settlement or development significant to the cultural history or tradition of Iowa City; or D. Represent unique or unusual physical character that creates a distinctiveness. EXTERIOR FEATURES: The architectural style, general design and arrangement of the exterior of a building, including the kind and tex- ture of building material and the type and style of all windows, doors, light fixtures, signs and other appurtenant fixtures. See Chapter 5, Article G of this Title for moving build- ings. Ordinance No. 95-3691 Page 4 HISTORIC DISTRICT: An area that contains contiguous pieces of property under diverse own- ership which: A. Are significant to American history, archi- tecture, archaeology and culture or Iowa City history, architecture, archaeology and culture; or B. Possess integrity of location, design, setting, materials and workership; or C. Are associated with events that have made a significant contribution to the broad patterns of our history; or D. Are associated with the lives of persons significant in our past; or E. Embody the distinctive characteristics of a type, period, method of construction; represent the work of a master; possess high artistic values; represent a signifi- cant and distinguishable entity whose components may lack individual distinc- tion; or F. Have yielded or may be likely to yield information important in prehistory or history. HISTORIC LANDMARK: Any building, struc- ture, object, archaeological site, area of land or element of landscape architecture with signifi- cance, importance or value consistent with the criteria contained in paragraphs A.-F. of the defi- nition of historic district contained in this Article, which has been designated as a historic land- mark by the Iowa City City Council pursuant to this Article. PROPERTY OWNER: An individual or group of individuals, corporation, partnership, associa- tion or in any entity, including State and local governments and agencies, which own real es- tate. REGULATED PERMIT: A permit issued by the Building Official or other official of the City, ac- cording to the provisions of the Uniform Building Code2, "Sign Regulations" 3, House Movers' Or- dinance" or Fire Code". (Ord. 94-3636, 8-30- 94, eff. 9-1-94) 2 See Chapter 5, Article A of this Title. 3 See Chapter 6, Article O of this Title. See Chapter 5, Article G of this Title. 5 See Title 7, Chapter 1 of the City Code. Ordinance No. 95-3691 Page 5 14-4C-3: HISTORIC PRESERVATION COMMISSION: A. An Iowa City Historic Preservation Com- mission is hereby reestablished and the current members thereof are hereby authorized and directed to fulfill their existing terms and directives consistent with this Article. The Commission shall consist of seven (7) members who shall be residents of the City. B. Members of the Commission shall be appointed by the City Council. At least one resident of each designated historic district shall be appointed to the Com- mission. Other members shall be cho- sen at large from any part of the City and shall have some expertise in history, urban planning, architecture, archaeolo- gy, law, sociology or other closely related field, or shall demonstrate interest in the area of historic preservation. At least three (3) of the members shall hold ap- pointments at large. Should the number - of officially designated City historic dis- tricts exceed four (4) in number, a new member shall be added to the Commis- sion for each new district in excess of four (4) districts. The new member shall be appointed by the City Council as soon as practicable after the official designa- ti6n of the historic district triggering the operation of the preceding clause. C. Members shall serve three (3) year terms. D. Vacancies occurring 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 compen- sation except for any expenses deemed reasonable and budgeted by the City Council. G. A simple majority of the Commission shall constitute a quorum for the trans- action of business. (Ord. 94-3636, 8-30- 94, eff. 9-1-94) 14-4C-4: RULES OF THE COMMISSION: A. The Historic Preservation Commission shall elect from its membership a chair- person and vice -chairperson whose term of office shall be one year. The chairper- son and vice -chairperson may serve for more than one term. The chairperson shall preside over the Commission and Ordinance No. 95-,16 1 Page 6 have the right to vote. The vice -chairper- son shall, in cases of absence or disabili- ty of the chairperson, perform the duties of the chairperson. B. The City Manager shall designate a per- son to serve as secretary to the Commis- sion. The secretary shall keep a record of all applications for certificates of ap- propriateness, resolutions, proceedings, and actions of the -Historic Preservation Commission. C. The Commission shall recommend rules or by-laws for the transaction of its regu- lar business to the city Council for adop- tion. The Commission shall have the authority to adopt rules of procedure in connection with the approval or disap- proval 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 mem- ber shall be recorded. The concurring affirmative vote of a majority of those members present shall be sufficient for a certificate of appropriateness to be grant- ed, or for the adoption of any resolution, motion or other action of the Commis- sion. The Commission shall submit a report on its activities to the Council and may make such recommendations to the City Council as it deems necessary to carry out the principles of this Article. (Ord. 94-3636, 8-30-94, eff. 9-1-94) 14-4C-5: POWERS OF THE COMMISSION: A. The Commission shall be authorized to conduct studies for the identification and designation of conservation districts, historic districts and historic landmarks meeting the definitions established by this Article. The Commission may pro- ceed at its own initiative or upon a peti- tion from any person, group or associa- tion. Any request from a person, group or association to designate a conservation district, historic landmark or historic dis- trict shall be commenced by submitting to the Commission a nomination on a form furnished by the Commission. B. The Commission shall make a recom- mendation to the office of the State His- torical Society of Iowa for the listing of a historical district or site or historic land- mark in the National Register of Historic Ordinance No. 95-3691 Page 7 Places and shall conduct a public hear- ing thereon. C. The Commission shall review and act upon all applications for certificates of appropriateness, pursuant to Section 14- 4C-7 of this Article. D. The Commission shall cooperate with property owners and City agencies pur- suant to the provisions of Section 14-4C- 8 of this Article. E. 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 protec- tion and enhancement of structures with historical, architectural or cultural value, and by encouraging persons and organi- zations to become involved in preserva- tion activities. F. The Commission shall not obligate itself or the Cityin any financial undertaking unless authorized to do so by the City Council. (Ord. 94-3636, 8-30-94, eff. 9- 1-94) 14-4C-6: PROCEDURES FOR THE DESIGNA- TION OF CONSERVATION DISTRICTS, HIS- TORIC DISTRICTS AND HISTORIC LAND- MARKS. A. Report Required: 1. The Commission must make a report to the Plan and Zoning Commission recommend- ing that an area be designated a conservation district, a historic district or a historic landmark. Before any report or recommendation is submit- ted, the Commission shall hold a public hearing on any proposal to designate an area as a con- servation district, a historic district or a historic landmark. The Commission shall give notice of the time, date, place and subject matter of such hearing at least seven (7) days prior to the hear- ing. Such notice shall be served by ordinary mail addressed to each property owner of land includ- ed within such proposed district or to each prop- erty owner upon whose land the proposed land- mark or any part of it is located at the owner's last known address. If the address of any prop- erty owner is unknown, such notice shall be served by ordinary mail addressed to the "owner" at the street address of the property in question. The City Clerk shall file an affidavit of mailing set- ting forth the date of mailing and the names and addresses of all property owners notified pursu- ant to this Section. After the public hearing, the Commission shall submit its report to the Plan Ordinance No.' 95-3691 Page 8 and Zoning Commission and shall include a pro- posed ordinance establishing such district and describing the boundary thereof. . If, after the public hearing, the Commis- sion decides to recommend the landmark for designation, the Commission shall submit its report to the Plan and Zoning Commission and shall include a proposed ordinance designating the landmark including a description thereof. 2. A copy of the report shall also be submitted to the State Historical Society of Iowa or its successor for review and recommendations concerning the proposed area or historic land- mark. Comments from the State Historical Soci- ety or its successor regarding the proposed area or historic landmark shall be received by the City prior to the date of any action taken by the Plan and Zoning Commission. B. Plan and Zoning Commission Recom- mendations: Within sixty (60) days of receiving the report and the proposed ordinance from the Commission and recommendations from the State His- torical Society of Iowa or its successor, the Plan and Zoning Commission shall submit its recommendations to the City Council with respect to the relation of such conservation district, historic district or landmark designation to the Compre- hensive Plan, Zoning Ordinances, pro- posed public improvements and other plans for the renewal of the area involved. The Plan and Zoning Commis- sion shall recommend approval, disap- proval or modification of the proposed conservation district, historic district or historic landmark. The Historic Preserva- tion Commission shall be advised of any modifications to the proposed conserva- tion district, historic district or historic landmark designation which are recom- mended to the City Council by the Plan- ning and Zoning Commission. C. City Council Review: If the area of. the proposed conservation district, historic district or historic landmark designation as approved by the Historic Preservation Commission is altered by the Plan and Zoning Commission, the City Council shall submit a description of the altered proposed area or the petition describing the area or the proposed historic land- mark designation to the State Historical Society of Iowa or its successor for re- 6 See Chapter 6 of this Title. Ordinance No. 95-3691 Page 9 view and recommendations concerning the altered proposed area or altered proposed historic landmark designation. D. State Recommendations: The recom- mendations from the State Historical Society of Iowa or its successor concern- ing the proposed area or altered pro- posed area or the proposed or altered proposed historic landmark designation shall be received by the City prior to setting a public hearing conducted by the City Council on an ordinance establishing a conservation district, a historic district or designating a historic landmark. Any recommendations made by the State Historical Society of Iowa or its succes- sor shall be made available by the -City to the public for viewing during normal working hours at a City government place of public access. E. Public Hearing: After receiving the rec- ommendations of the State Historical Society of Iowa or its successor on the proposed area and/or altered proposed area or the proposed or altered proposed historic landmark designation, the City Council shall provide notice of public hearing, as provided by law, and conduct a public hearing on the ordinance estab lishing a conservation district, a historic district or a historic landmark. The City Council may adopt or reject the ordi- nance or may refer the conservation district, historic district or historic land- mark designation to the Historic Preser- vation Commission for modification. If the City Council refers the conservation district, historic district or historic land- mark designation to the Historic Preser- vation Commission for modification, the procedures described in subsections A through D of this Section shall be fol- lowed, with the following exceptions: 1. Unless substantial modifications are proposed, the public hearing requirement de- scribed in Subsection A above may be waived. 2. Only property owners affected by the City Council's proposed modification shall be notified by mail of the modification prior to action by the Historic Preservation Commission. (Ord. 94-3636, 5-30-94, eff. 9-1-94) 14-4C-6.1. REGISTER OF HISTORIC LANDMARKS AND HISTORIC DISTRICTS. The City shall maintain a register of historic landmarks and those properties located within historic districts in Iowa City. Ordinance No. 95-3691 Page 10 14-4C-6.2. RECORDING OF HISTORIC LAND- MARKS. Following the designation of a historic land- mark by the City Council, the City Clerk shall file a copy of the City Council ordinance designating the historic landmark and the legal description of the historic landmark with the building department and shall also record the historic landmark desig- nation in the office of the Recorder of Johnson County, Iowa. The Building Official shall note all historic land- mark designations on the zoning map. 14-4C-6.3. HISTORIC LANDMARK PLAQUES. A property designated as a historic landmark in accordance with this article shall be eligible to have a plaque placed upon it to recognize it as such. The plaque shall be of a standard design approved by the Commission and shall be so placed as to be visible to passing pedestrians. 14-4C-7: APPLICATIONS FOR CERTIFICATES OF APPROPRIATENESS: A. Certificate Required: No individual or corporation shall undertake a change in appearance to a historic landmark, or to a building or site within a designated conservation district or historic district for which a regulated permit is required, nor shall the Building Official issue a regulat- ed permit for a change in appearance of a historic landmark or of a building or site in a designated conservation district or historic district, unless a certificate of appropriateness or a certificate of no material effect has been granted or un- less the specific conservation district ordinance for the district which contains the property does not require review for the change of appearance. B. Conditions of Certificate Issuance: The chair of the Historic Preservation Com- mission and the secretary of the Historic Preservation Commission, or their designees, 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 building or on the conservation dis- trict, historic district or on a historic land- mark. C. Application for Certificate; Review: 1. Application for a certificate of appro- priateness shall be made to the Building Official. The application should include drawings, photo- graphs, sketches and other exhibits portraying the work to be accomplished which will assist the Ordinance No. 95-3591 Page 11 Historic Preservation Commission in the consider- ation of the application. 2. Upon the filing of such application, the Building Official shall immediately notify the His- toric Preservation Commission of the receipt of such application and shall transmit it, together with accompanying plans and other information, to the Commission. 3. All applications received before the closing date, to be established by the Commis- sion, shall be considered by the Commission at its next regularly scheduled meeting. The Com- mission shall review the application, according to the duties and powers specified herein. In re- viewing the application, the Commission may confer with the applicant or the applicant's autho- rized representative. In acting upon an applica- tion, the Commission shall consider whether the proposed change in appearance to a historic landmark, or to a building or site within a historic district, proposed by the application conforms to standards set forth in the January, 1979 edition of the Secretary of Interiors Standards for Reha- bilitation or subsequent revisions thereof. The Commission may use the Secretary of Interiors Guidelines for Rehabilitating Historic Buildings or subsequent revisions thereof or other guidelines adopted by the Commission to aid in determining whether the proposed change in appearance to a historic landmark, building or site conforms to the Secretary of Interiors Standards for Rehabil- itation or subsequent revisions thereof. The Commission shall use the guidelines contained in their Conservation District Report to determine whether the proposed change in appearance to a building or site within a conservation district conform with the requirements of the conserva- tion district ordinance. D. Approval or Disapproval of Certificate: The Commission shall approve, modify or disapprove the application. The find- ings of the Commission on each applica- tion shall be contained in a written reso- lution 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 inspec- tion in the -office of the City Clerk within five (5) 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 ap- proved with modifications acceptable to the applicant, a certificate of appropriate- ness will be issued, signed by the chair- person and immediately transmitted Ordinance No. 95-3691 Page 12 along with the application to the Building Official. If the application is disapproved, the application will be immediately trans- mitted, along with the written resolution of the Commission's findings, to the Building Official. E. Appeal to the City Council: Any appli- cant aggrieved by any decision of the Commission regarding a Certificate of Appropriateness in a historic district or for a historic landmark, may appeal the action to the City Council. Such an ap- peal must be in writing and must be filed with the City Clerk no later than ten (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 the public notice as required by State law, as well as provide written 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 Article, and whether the Commission's action was patently arbi- trary or capricious. In exercising the above mentioned powers, the City Coun- cil may, in conformity with the provisions of this Article, reverse or affirm, wholly or partly, or may modify the order, require- ment, 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 the powers of the Commission from whom the appeal is taken. F. Judicial Appeal: If not satisfied with the decision of the City Council, the appellant may appeal to the Johnson County Dis- trict Court within thirty (30) days after the City Council's decision. G. Appeal to Board of Adjustment: Any applicant aggrieved by any decision of the Commission regarding a Certificate of Appropriateness in a conservation district may appeal the action to the Board of Adjustment. Such an appeal must be in writing and must be filed with the City Clerk no later than ten (10) busi- ness days after the filing of the Commis- sion's resolution. The Board of Adjust- ment shall, hold a public hearing on the appeal, give the public notice as required Ordinance No. 95-3691 Page 13 by State law, as well as provide written notice to the applicant and to the appel- lant, if different from the applicant, and decide the appeal within a reasonable time. In deciding such an appeal, the Board of Adjustment shall consider whether the Commission has exercised its powers and followed the guidelines established by law, this article and the Conservation District Report, and shall determine whether or not the Commis- sion's actions were arbitrary and capri- cious. In exercising these powers, the Board of Adjustment may, in conformity with the provisions of this article, affirm or reverse, wholly or partly, or may modi- fy the order, requirement, determination or decision appealed from and may make such order requirement, determi- nation, or decision as ought to be made, and to that end shall have the powers of the Commission from whom the appeal is taken. H. Compliance with Certificate Required: Certificates of Appropriateness issued on the basis of approved applications Autho- rize only those 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 designee to inspect, from time to time, any work performed pursuant to such a certificate to ensure 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 cer- tificate shall be deemed a violation of these regulations. (Ord. 94-3636, 8-30- 94, eff. 9-1-94) 14-4C-8: REMEDY OF DANGEROUS CONDI- TIONS': A. Except for emergencies as determined by the Building Official pursuant to the ordinances of the City, City enforcement agencies and departments shall give the Historic Preservation Commission at least thirty (30) days' notice of any pro- posed order for remedying conditions determined to be dangerous to life, health or property which may affect the exterior features of any building. See also Section 14-5F-3 of this Title. Ordinance No. 95-3691 Page 14 B. The Commission shall have the power to require that changes or 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 fea- tures of the building. In such cases, it shall be the responsibility of the Commis- sion and the City enforcement agency or department to cooperate with the proper- ty owner in an attempt to achieve a pres- ervation 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 chair of the Commission, the property owner and the head of the City enforcement agency or department. C. If a solution acceptable to the Commis- sion, the City enforcement agency or department and the property owner can- not 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. (Ord. 94-3636, 8-30-94, eff. 9-1-94) 14-4C-9: COMPLIANCE WITH ZONING REGU- LATIONS: Any new building shall conform to all setback requirements of the zone in which it is to be built or moved unless in the case of a con- servation district the conservation district ordi- nance provides for alternative requirements. However, if a building has been damaged or destroyed 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 foun- dation regardless of the extent of damages, pro- vided it is reconstructed as near as possible to the original exterior designs. (Ord. 94-3636, 8- 30-94, eff. 9-1-94) 14-4C-10: PENALTIES: Any violation of this Chapter shall be considered a simple misde- meanor or Municipal infraction or environmental infraction as provided for in Title 1, Chapter 4 of the City Code. (Ord. 94-3636, 8-30-94, eff. 9-1- 94) 9 See Section 14-6Q-4 of this Title. 9 See Chapter 6, Article T of this Title for restoration of nonconforming structures. Ordinance No. 95-3691 Page 15 SECTION II. AMENDMENT. Chapter 6, entitled "Zoning," Article J, entitled "Overlay Zones," is hereby amended as follows: a. Section 14-6J-3, entitled "Historic Preser- vation Overlay Zone (OHP) is hereby repealed and replaced therewith by new section 14-6J-3, entitled "Historic Preser- vation Overlay Zone," as follows: 14-6J-3: HISTORIC PRESERVATION OVERLAY ZONE (OHP)10: A. Purpose: The purpose of the CHID zone is to: 1. Promote the educational, cultural, economic and general welfare of the public by protecting, enhancing and perpetuating historic landmarks and districts of historic and cultural significance located in the City; 2. Safeguard the City's historic, aesthet- ic, and cultural heritage by preserving historic landmarks and districts of historical, architectural and cultural significance; 3. Stabilize and improve property values by conserving historic properties; 4. Foster civic pride in the legacy and beauty of past achievements; 5. Protect and enhance the City's attrac- tiveness to tourists and visitors, thereby support- ing and stimulating business; 6. Strengthen the economy of the City; and 7. Promote the use of historic landmarks and districts of historic and cultural significance as sites for the education, pleasure and welfare of the people of the City. B.- Descriptions: 1. An OHP zone is an area that contains abutting pieces of property under diverse own- ership which: a. Are significant to American and/or Iowa City history, architecture, ar- chaeology and culture; or b. Possess integrity of location, design, setting, materials and workership; or c. Are associated with events that have made a significant contribution to the broad patterns of our history; or d. Are associated with the lives of persons significant in our past; or e. Embody the distinctive char- acteristics of a type, period, method of construction; represent the work of a master; possess high artistic values; 10See Chapter 4, Article C of this Title for historic preser- vation regulations. Ordinance No. 95-3691 Page 16 represent a significant and distinguish- able entity whose components may lack individual distinction; or f. Have yielded or may likely yield information important in pre -history or history. (1978 Code §36-53) 2. A historic landmark is any building, structure, object, area of land or element of land- scape architecture with significance, importance or value consistent with the criteria contained in Sections 14-6J-3B of this Chapter and which has been designated as a historic landmark by the City Council pursuant to this Article. C. Procedures for Designation of Historic Landmarks, OHP and Conservation Overlay (OC)" Zones: 1. Report by Historic Preservation Com- mission; Hearing: a. The Historic Preservation Commission must make a repr%rt recom- mending that an area be designated an OC, OHP zone or historic landmark. Before any report or recommendation is submitted to the Plan and Zoning Com- mission for review, the Historic Preser- vation Commission shall hold a public hearing on any proposal to designate an area as an OC zone, OHP zone or his- toric landmark. The Historic Preservation Commission shall give notice of the time, date, place and subject matter of such hearing at least seven (7) days prior to the hearing. Such notice shall be served by ordinary mail addressed to each prop- erty owner of land included in such pro- posed OC, OHP zone or historic land- mark at the property owner's 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 prop- erty in question. The City Clerk shall file an affidavit of mailing setting forth the date of mailing and the names and ad- dresses of all property owners notified pursuant to this subsection. After this public hearing, the Historic Preservation Commission shall submit its report to the Plan and Zoning Commission and shall include a proposed ordinance establish- ing such OC, OHP zone or historic land- mark and describing the boundary. "See Chapter 6, Article 5, Section 4 of this Title regarding Conservation Overlay Zones. Ordinance No. 95-3691 Page 17 b. A copy of the report shall also be submitted to the State Historical Soci- ety of Iowa or its successors for review and recommendations concerning the proposed area. Comments from the State Historical Society of Iowa or its successor regarding the proposed area shall be received by the City prior to an action by the Plan and Zoning Commis- sion which sets forth recommendations to the City Council on an ordinance estab- lishing the proposed area as an OC, OHP zone or historic landmark. 2. Plan and Zoning Commission Rec- ommendation: Within sixty (60) days of receiving the report and the proposed ordinance from the Commission and recommendations from the State Historical Society of Iowa or its successor, the Plan and Zoning Commission shall submit its recommendations to the City Council based on the relation of such designation to the Compre- hensive Plan, as amended, Zoning Qrdinance, proposed public improvements and other plans for the renewal of the area involved. The Plan and Zoning Commission shall recommend ap- proval, disapproval or modification of the pro- posed OC, OHP zone or historic landmark. Upon submission of the report of the Plan and Zoning Commission or upon the expiration of the sixty (60) day period, the matter shall be transmitted to the City Council. The Historic Preservation Com- mission shall be advised of any modifications to the proposed OC, OHP zone or historic landmark recommended by the Plan and Zoning Commis- sion. 3. City Council Report Alterations to State: If the Plan and Zoning Commission alters the area of the proposed OC, OHP zone or his- toric landmark as approved by the Historic Pres- ervation Commission, the City Council shall sub- mit a description of the altered proposed area or the petition describing the area to the State His- torical Society of Iowa or its successor for review and recommendation concerning the altered pro- posed OC, OHP zone or historic landmark. 4. State Recommendations; Hearing: a. The City must receive rec- ommendations from the State Historical Society of Iowa or its successor concern- ing the proposed OC, OHP zone or his- toric landmark and area or altered pro- posed OC, OHP zone or historic land- mark and area prior to setting a public hearing on ordinance establishing an OC, OHP zone or historic landmark. The City shall make any recommendations made by the State Historical Society of Ordinance No. 95-3691 Page 18 Iowa or its successor available to the public for viewing during normal working hours at a City government place of public address. b. After receiving the recom- mendations of the State Historical Soci- ety of Iowa or its successor on the pro- posed OC, OHP zone or historic land- mark and area and/or altered proposed OC, OHP zone or historic landmark and area, the City Council shall provide no- tice of public hearing as provided by law and conduct a public hearing on the ordi- nance establishing an OC, OHP zone or historic landmark. The City Council may adopt or reject the ordinance or may refer the OC, OHP zone or historic land- mark designation to the Historic Preser- vation Commission for modification. If the City Council refers the OC, OHP zone or historic landmark designation to the Historic Preservation Commission for modification, the procedures described in subsections C1 through C4 of this Sec- tion shall be followed, with the following exceptions: - - (1) Unless substantial modifications are proposed, the public hearing require- ment described in subsection C1 of this Section may be waived. (2) Only property owners affected by the City Council's proposed modification shall be notified by mail of the modifica- tion prior to action by the Historic Pres- ervation Commission. (1978 Code §36-54; 1994 Code) b. Article 14-6J, entitled "Overlay Zones," is hereby amended by adding new Section 14-6J-4, entitled "Conservation Overlay Zone (OC)," as follows: 14-6J-4: CONSERVATION OVERLAY ZONE (OC): A. Purpose: The purpose of the OC zone is to: 1. Conserve the unique characteristics of older neighborhoods, including their architectural, historical and aesthetic qualities; Provide for design review of new con- struction or alteration of existing buildings to assure compatibility with the existing character of older neighborhoods; 2. Encourage the retention and rehabil- itation of existing dwelling units in older neigh- borhoods; Ordinance No. 95-3691 Page 19 3. Stabilize property values and encour- age reinvestment in older neighborhoods; and 4. Protect the environmental setting of historic landmarks and historic preservation over- lay zones in close proximity to or surrounded by OC zones. 13% Descriptions: An OC zone is an area that contains abutting pieces of property under diverse ownership, the built por- tions of which by majority are at least 50 years old and which: 1. According to a historic resources surrey, no more than 60% of the structures are of a quality, integrity and condition that qualify for historic district designation; and 2. Represent the traditional character of Iowa City neighborhoods through architectural characteristics, building scale, building setback, and streetscape design; or 3. Exemplify a pattern of neighborhood settlement or development significant to the cul- tural history or traditiori of Iowa City; or 4. Represent unique or unusual physical character that creates a distinctiveness. C. Procedures for Designation of OC Zones: 1. Preliminary Report: a. Upon the petition of six or more property owners within the pro- posed OC zone, or upon the Historic Preservation Commission's own initiative, the Historic Preservation Commission shall prepare a preliminary report regard- ing the appropriateness of the application of an OC zone to an area identified by the petitioners or the Historic Preserva- tion Commission. In making its determi- nation as to whether or not an OC zone should be established for the neighbor- hood, the Historic Preservation Commis- sion shall consider the following: 1) The degree to which the area contains the general character and appearance of its original period of de- velopment; 2) The extent to which the area evidences ongoing maintenance of exist- ing older buildings; 3) The potential for rehabilitation of existing buildings in the area; 4) The degree to which the area displays traditional neighborhood charac- ter as is evidenced by architectural styles, building scale, building setback; and 5) The concerns of residents and property owners in the area. Ordinance No. 95-3691 Page 20 If the Historic Preservation Com- mission determines that the area does not meet the criteria necessary for con- sideration as an OC zone, the Historic Preservation Commission shall end its study and inform the petitioners of its findings. If the Historic Preservation Commission determines that the area or a portion of the area contains charac- teristics to make it appropriate for the establishment of an OC zone, the His- toric Preservation Commission shall prepare a Conservation District Report. 2. Conservation District Report: The Conservation District Report shall be prepared by the Historic Preservation Commission in consulta- tion with district property owners and residents. The Conservation District Report shall: a. Include a study of the charac- teristics of the proposed OC zone, in- cluding architectural characteristics, ele- ments of the streetscape, physical con- ditions of buildings, age of buildings, history of buildings, and property owner- ship patterns; b. Define the boundaries of the proposed OC zone; . Contain guidelines for alter- ation and rehabilitation of existing build- ings within the OC zone; c. Contain guidelines for the construction of new buildings within the OC zone; d. Identify modifications, if any, to the dimensional requirements of the underlying zoning district based on the prevailing character of existing develop- ment; e. Identify modifications, if any, to the off-street parking requirements which apply to uses in the underlying zone; f. Establish the level of review required for changes of appearance to buildings within the OC Zone; and g. Contain an ordinance imple- menting the provision of the specific OC zone. Establishment of any OC -zone requires City Council adoption of Conser- vation District Ordinances specific to each OC zone. 3. Levels of Review: For each OC zone the Conservation District Report shall establish the level of review required for changes of ap- pearance according to the following categories: a. Major review for certificate of appropriateness: A review by the Com- Ordinance No. 95-3691 Page 21 mission which considers proposed de- signs which involve construction of a building, removal of a building, demolition of a. building, or proposed alterations of specifically identified existing prevalent architectural features which, according to the conservation district ordinance and the conservation district report prepared by the Commission, signify the character of that district. Major reviews shall be conducted according to the requirements for a certificate of appropriateness (con- tained in Title 14-4C-7). b. Intermediate review for certifi- cate of appropriateness: A review by Commission staff in consultation with the chair of the Commission or, alternately, the designee of the chair, who consider proposed designs which involve existing prevalent architectural features, which, according to the conservation district ordinance and to the conservation district report, contribute to the character of the district. An approval of a design subject to intermediate review shall require the assent of Commission staff in consulta- tion with the Commission's chair or vice chair. Written report of this review pro- cess shall be made to the Commission by the next scheduled Commission meet- ing. c. Minor review for certificate of appropriateness: A review by appropri- ate City staff who assess proposed de- signs which involve exterior changes that have no material effect on existing preva- lent architectural features as determined by the conservation district ordinance and the conservation district report pre- pared by the Commission on such indi- vidual district. A minor review shall be conducted in the process of issuing a regulated building permit. Written report of this review process shall be made to the Commission by the next scheduled Commission meeting. 4. Hearing: Approval of a Conservation District Report establishing an OC zone shall be by ordinance in accordance with the procedures set forth in §14-6J-3C, Procedures for Designa- tion of OHP and OC Zones, of this chapter. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be ad- judged to be invalid or unconstitutional, such Ordinance No. 95-3691 Page 22 adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitu- tional. SECTION V. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 12th day of September, 1995. MA OR r t m ATTEST: Aar e l�Ll CITY CLERK Approved by: City A ey's'ai_�gc� ppdadmiMoph-oc.ord Ordinance No. 95-3691 Page 23 It was moved by Pigott and seconded by Lehman that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz Kubby x Lehman x Novick x Pigott x Throgmorton First Consideration Vote for passage: Kubby, Lehman, 8/15/95 AYES: Pigott, Throgmorton, Baker, Horowitz, Novick. NAYS: None. ABSENT: None. Second Consideration R/Z/45 Vote for passage: AYES: Pigott, Throgmorton, Baker, Horowitz, Kubby, Lehman, Novick. Date published 912Q I95 BY-LAWS IOWA CITY HISTORIC PRESERVATION COMMISSION ARTICLE I. MEETINGS Section 1. Regular Meeting. Regular meetings of this Commission shall be held once each month. Section 2. Special Meetings. Special meetings of the members may be called by the Chairperson and shall be called by the Chairperson's request for members of the Commission. Section 3. Place of Meetin s. Regular meetings shall be in the Iowa City Public Library, Civic Center or other appropriate meeting place in Iowa City, Iowa. Should these places be unavailable, another meeting place shall be selected. Section 4. Notice of Meeting. Notice and agenda for all regular meetings shall be distributed to all members of the Commission and the press. Special meetings may be called upon notice to all members of the media at least 24 hours before a special meeting is held. All provisions of the State Open Meetings Law shall be followed. Section 5. Quorum. A majority of the members of the Commission shall constitute a quorum at any meeting and a majority of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during all regular meetings for open public discussion. ARTICLE II. MEMBERSHIP Section 1. Membership. The Historic Preservation Commission shall consist of seven members; term of membership shall be three years except for the shortened terms that provide for staggered membership. The Chairperson and Vice-Chairpersoh will be elected annually by the Commission members. All members shall be qualified electors of the City of Iowa City, Iowa, and shall serve as members without compensation, but shall be entitled to the necessary expenses, including travel expenses, incurred in the discharge of their duties. Section 2. Nomination. The City Council shall appoint members to the Historic Preservation Commission as vacancies occur. If a position/appointment becomes vacant by reason of resignation or otherwise and results in an unexpired term, the Council may choose to fill the unexpired term in such a manner that the appointee shall continue in the position not only through the unexpired term but also through a subsequent regular term. 2 Section 3. Terms. Upon the expiration of terms of present members, new members shall be appointed for three-year terms. Section 4. Absences. Three consecutive unexplained absences of a Commission member may result in a recommendation to the Mayor from the Commission to discharge such member and appoint a new Commission member. Section 5. Orientation for New Members. Prior to the first regular meeting following their appointment, new members shall be provided with copies of the pertinent portions of the City Code, Historic Preservation Commission By-laws, and other documents that would be useful to Commission members in carrying out their duties. ARTICLE Ill. OFFICERS Section 1. Number. The officers of this Commission shall be a Chairperson and Vice - Chairperson, each of whom shall be elected by members of the Commission. Section 2. Election and Term of Office. The officers of this Commission shall be elected annually. Section 3. Vacancies. A vacancy in either office shall be filled by Commission members for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings of the members, appoint committees, call special meetings and in general perform all duties of the Chairperson and such other duties as may be prescribed by members from time to time. Section 5. Vice -Chairperson. In the absence of the Chairperson or in the event of death, inability or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. ARTICLE IV. CONDUCT OF COMMISSION AFFAIRS Section 1. Agenda. The Chairperson or a designated representative, together with appropriate members of the City staff, shall prepare an agenda for all regular Commission meetings. Agendas are to be sent to Commission members, the City Council and the media at least three days prior to the regular meetings. Section 2. Secretary. A secretary, not to be a Commission member, shall be provided for all regular and special meetings. 3 Section 3. Minutes. Minutes of all regular and special meetings are to be prepared and distributed to Commission members and approved by the Commission prior to being sent to City Council, in the manner prescribed by the Council. Specific recommendations for the Council are to be set off from the main body of the minutes, and appropriately identified. Section 4. Policies and Programs: Periodically, the Commission shall review the policies and programs of the City relating to historic preservation, and make such recommendations to the City Council as are deemed appropriate. Section 5. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Commission by the City Council. The Commission shall initiate the consideration of such items at the next regular meeting following receipt, and shall notify Council of its disposition. Section 6. Attendance at Council Meetings. The Commission Chairperson or designated representative are to be in attendance at all City Council meetings, including informal sessions, at which matters pertaining to the Commission are to be discussed or when actions concerning the Conmission's responsibilities are to be taken. The Commission's Chairperson is to receive Council agenda prior to each Council meeting, and is to be otherwise notified of meetings involving Commission business. Section 7. _Annual Report. An annual report, detailing the activities of the Commission, shall be prepared by the Chairperson, approved by the Commission, and submitted to the City Council. Section S. Liaison with Planning and Zoning Commission. At such time as the Commission undertakes any business which is deemed pertinent to the activities of the Planning and Zoning Commission, the Planning and Zoning Commission shall be so notified, and may send a representative to the next meeting of the Historic Preservation Commission to act as a liaison between the two Commissions. ARTICLE V. AMENDMENTS Section 1. These by-laws may be altered, amended or repealed and new by-laws may be adopted by the members at any regular meeting or at any special meeting called for that purpose. a:\ppdadmKbylaws.hpc ORDINANCE NO. q/-3h3r, AN ORDINANCE REESTABLISHING THE HIS- TORIC PRESERVATION COMMISSION AND SPECIFYING THAT APPEALS OF DECISIONS OF THE COMMISSION SHALL BE MADE TO THE CITY COUNCIL. WHEREAS, the Code of Iowa requires that municipal historic preservation commissions be established by ordinance; and WHEREAS, the Code of the State of Iowa requires that appeals of decisions of the histor- ic preservation commissions be made to the governing body; and WHEREAS, the recently adopted Code of Ordinances of the City of Iowa City is inconsis- tent with the Code of Iowa in this regard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. Title 14, The Unified Development Code, Chapter 4, entitled "Land Control and Development," Article C, entitled "Historic Preservation Regulations," of the Code of Ordinances of the City of Iowa City, Iowa, be and the same is hereby amended by adopting the following Article C, "Historic Preservation Regulations" which supersedes the previously adopted Article C, "Historic Pres- ervation Regulations": CHAPTER 4 ARTICLE C. HISTORIC PRESERVATION REGU- LATIONS Section: 14-4C-1: Purpose and Intent 14-4C-2: Definitions 14-4C-3: Historic Preservation Commission 14-4C-4: Rules of the Commission 14-4C-5: Powers of the Commission 14-4C-6: Procedures for the Designation of Historic Districts 14-4C-7: Applications for Certificates of Appropriateness 14-4C-8: Remedy of Dangerous Conditions 14-4C-9: Compliance with Zoning Regulations 14-4C-10: Penalties Sec. 14-4C-1: PURPOSE AND INTENT: The purpose of this article is to: A. Promote the educational, cultural, economic and general welfare of the public through the protection, enhancement, and perpetua- Ordinance No.g4--jr,3F, Page 2 tion of historic districts and historic and cultural landmarks located in the city, B. Safeguard the City's historic, aesthetic, and cultural heritage by preserving districts and properties of historical, architectural, and cultural significance, C. Stabilize and improve property values by conserving historic properties, D. Foster civic pride in the legacy of beauty and achievements of the past, E. Protect and enhance the City's attractions to tourists and visitors and thereby support and stimulate business thereby provided, F. Strengthen the economy of the city, and G. Promote the use of districts of historic and cultural significance as sites for the educa- tion, pleasure and welfare of the people of the city. Sec. 14-4C-2: DEFINITIONS: As used in this article, the following defini- tions shall apply: Applicant. The party making application for a certificate of appropriateness from the Iowa City Historic Preservation Commission. Application: A written request by a property owner or other party to the Iowa City Historic Preservation Commission for a certificate of appropriateness. Certificate of appropriateness: The docu- ment, evidencing approval by the historic preservation commission of a proposal to make a change in appearance, which must be ob- tained before a regulated permit may be used. Certificate of no material effect. The docu- ment, issued in lieu of a certificate of appropri- ateness, which signifies that the work contem- plated in the application will have no effect on any significant architectural features of the building or on the historic district. The certifi- cate of no material effect evidences approval by the Historic Preservation Commission and the Department of Planning and Community Development of a proposal to make a change in appearance. Change in appearance: Any change or alter- ation of the exterior features of a building or change or alteration of the appearance of a property within a historic district. This defini- tion 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 Ordinance No. 94-363h Page 3 permit is required for compliance with applica- ble city codes.' Furthermore, nothing in this definition shall be construed to prohibit or limit normal repairs or maintenance which do not involve alterations or changes in the exterior features of a build- ing, and for which no regulated permit is re- quired. For the purposes of this Chapter, changes made in the color of the exterior surfaces of a building are not considered a change in appearance, but deemed to be ordi- nary maintenance and repair. Change or alteration: The erection of a build- ing 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. Commission: The Iowa City Historic Preser- vation Commission, as established by this ordinance in accord with this adopted article. 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. Historic district: An area that contains contiguous pieces of property under diverse ownership which: A. Are significant to American history, archi- tecture, archaeology and culture or Iowa City history, architecture, archaeology and culture; or B. Possess integrity of location, design, set- ting, materials and workmanship; or C. Are associated with events that have made a significant contribution to the broad pat- terns of our history; or D. Are associated with the lives of persons significant in our past; or E. Embody the distinctive characteristics of a type, period, method of construction; repre- sent the work of a master; possess high artistic values; represent a significant and distinguishable entity whose components may lack individual distinction; or 'See Chapter 5, Article G of this Title for moving buildings. Ordinance No. 94-3636 Page 4 F. Have yielded, or may be likely to yield, information important in prehistory or histo- ry. Property owner: An individual or group of individuals, corporation, partnership, associa- tion, or in any entity, including state and local governments and agencies, which is the owner of real estate. Regulated permit: A permit issued by the building official, or other official of the city, according to the provisions of the Uniform Building Code,' sign regulations,' house movers' ordinance,' or Fire Code.' Sec. 14-4C-3. HISTORIC PRESERVATION COMMISSION: A. An Iowa City Historic Preservation Commis- sion is hereby reestablished and the current members thereof are hereby authorized and directed to fulfill their existing terms and directives consistent with this Article. The commission shall consist of seven (7) mem- bers who shall be residents of the City of Iowa City. B. Members of the commission shall be ap- pointed by the City Council. At least one resident of each designated historic district 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, archaeology, law, sociology, or other closely related field, or shall demon- strate interest in the area of historic preser- vation. At least three (3) of the members shall hold appointments at large. Should the number of officially designated city historic districts exceed four (4) in number, a new member shall be added to the com- mission for each new district in excess of four (4) districts. The new member shall be appointed by the Council as soon as practi- cable after the official designation of the historic district triggering the operation of the preceding clause. 'See Chapter 5, Article A of this Title. 'See Chapter 6, Article O of this Title. 'See Chapter 5, Article G of this Title. 'See Title 7, Chapter 1 of the City Code. Ordinance No. 94-3636 Page 5 C. Members shall serve three-year terms. D. Vacancies occurring 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 ap- pointment of a successor. F. Members shall serve without compensation except for any expenses deemed reasonable and budgeted by the Council. G. A simple majority of the commission shall constitute a quorum for the transaction of business. Sec. 14-4C-4. 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 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 appropriate- ness, 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 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 resolu- tions, 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 appro- priateness 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 Coun- cil and may make such recommendations to the Council as it deems necessary to carry out the principles of this article. Ordinance No. 94-3636 Page 6 Sec. 14-4C-5. POWERS OF THE COMMIS- SION: A. The Commission shall be authorized to con- duct studies for the identification and desig- nation of historic districts meeting the definitions established by this article. The commission may proceed at its own initia- tive or upon a petition from any person, group or association. B. The Commission shall make a recommenda- tion to the office of the State Historical Society of Iowa for the listing of a historical district or site in the National Register of Historic Places and shall conduct a public hearing thereon. C. The Commission shall review and act upon all applications for certificates of appropri- ateness, pursuant to section 7 of this Arti- cle. D. The Commission shall cooperate with prop- erty owners and city agencies pursuant to the provisions of section 8 of this Article. E. 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 preserva- tion issues when appropriate, by encourag- ing the protection and enhancement of structures with historical, architectural or cultural value, and by encouraging persons and organizations to become involved in preservation activities. F. The Commission shall not obligate itself or the City of Iowa City in any financial under- taking unless authorized to do so by the City Council. Sec. 14-4C-6. PROCEDURES FOR THE DESIG- NATION OF HISTORIC DISTRICTS: A. Report Required: 1. The Commission must make a report to the Plan and Zoning Commission recom- mending that an area be designated a historic district. Before any report or recommendation is submitted, the Com- mission 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 the owner's last known ad- Ordinance No, 94-3636 Page 7 dress. 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 date of mailing and the names and addresses of all property owners notified pursuant to this Section. After this public hearing the Commission shall submit its report to the Plan and Zoning Commission and shall include a proposed ordinance establishing such district and describing the boundary thereof. 2. A copy of the report shall also be sub- mitted to the State Historical Society of Iowa or its successor for review and recommendations concerning the pro- posed area. Comments from the State Historical Society regarding the pro- posed area shall be received by the City prior to the date of any action taken by the Plan and Zoning Commission. B. Plan and Zoning Commission Recommenda- tions: Within sixty (60) days of the receipt of the report and the proposed ordinance from the Commission and recommendations from the State Historical Society of Iowa or its successor, the Plan and Zoning Com- mission shall submit its recommendations 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 re- newal of the area involved. The Plan and Zoning Commission shall recommend ap- proval, disapproval or modification of the proposed historic district. The Historic Preservation Commission shall be advised of any modifications to the proposed historic district which are recommended to the City Council by the Plan and Zoning Commission. C. City Council Review: If the area of the proposed historic district as approved by the Historic Preservation Commission is altered by the Plan and Zoning Commission, the City Council shall submit a description of the altered proposed area or the petition describing the area, to the State Historical 'See Chapter 6 of this Title. Ordinance No. 94-3636 Page 8 Society of Iowa or its successor for review and recommendations concerning the al- tered proposed area. D. State Recommendations: The recommenda- tions from the State Historical Society of Iowa concerning the proposed area or al- tered proposed area shall be received by the City prior to setting a public hearing con- ducted by the City Council on an ordinance establishing a historic district. Any recom- mendations made by the State Historical Society of Iowa shall be made available by the City to the public for viewing during normal working hours at a City government place of public access. E. Public Hearing: After receiving the recom- mendations of the State Historical Society of Iowa on the proposed area and/or altered proposed area, the City Council shall pro- vide notice of public hearing, as provided by law, and conduct a public hearing on the ordinance establishing a historic district. The Council may adopt or reject the ordi- nance or may refer the historic district designation to the Historic Preservation Commission for modification. If the City Council refers the historic district designa- tion to the Historic Preservation Commission for modification, the procedures described in subsections A through D of this section shall be followed, with the following excep- tions: 1 . Unless substantial modifications are pro- posed, the public hearing requirement described in subsection A may be waived. 2. Only property owners affected by the Council's proposed modification shall be notified by mail of the modification prior to action by the Historic Preservation Commission. Sec. 14-4C-7. APPLICATIONS FOR CERTIFI- CATES OF APPROPRIATENESS: A. Certificate Required: No individual or corpo- ration shall undertake a change in appear- ance of a building or site within a desig- nated historic district for which a regulated permit is required, nor shall the Building Official issue a regulated permit for a change in appearance of a building or site in a designated historic district, unless a certif- icate of appropriateness or a certificate of no material effect has been granted. Ordinance No. 94-3636 Page 9 B. Conditions of Certificate Issuance: The chair of the Historic Preservation Commis- sion and the secretary of the Historic Pres- ervation Commission, or their designees, may issue a certificate of no material effect if the work contemplated in the application will have no effect on any significant archi- tectural features of the building or on the historic district. C. Application for Certificate; Review: 1. Application for a certificate of appropri- ateness 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 assist the His- toric Preservation Commission in the consideration of the application. 2. 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 Com- mission. 3. All applications received before the clos- ing date, to be established by the Com- mission, shall be considered by the Commission at its next regularly sched- uled meeting. The Commission shall review the application, according to the duties and powers specified herein. In reviewing the application, the Commis- sion may confer with the applicant or the applicant's authorized representa- tive. In acting upon an application, the Commission shall consider whether the change in appearance to a building or site proposed by the application con- forms to standards set forth in the Janu- ary, 1979 edition of the Secretary of the Interior's "Standards for Rehabilitation" or subsequent revisions thereof. The Commission may use the Secretary of the Interior's "Guidelines for Rehabilitat- ing Historic Buildings" or subsequent revisions thereof 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 of the Interior's "Standards for Rehabilitation." Ordinance No. 94-3636 Page 10 D. Approval or Disapproval of Certificate: The Commission shall approve, modify, or disap- prove 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 (5) 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 ap- proved 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, the application will be immediately transmitted, along with the written resolution of the Commission's findings, to the Building Official. E. Appeal to the City Council: Any applicant aggrieved by any decision of the Commis- sion 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 ten (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 as required by State law, as well as provide written 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 estab- lished by law and this Article, and whether the Commission's action was patently arbi- trary or capricious. In exercising the above - mentioned powers the City Council may, in conformity with the provisions of this Arti- cle, reverse or affirm, wholly or partly, or may modify the order, requirement, deci- sion, or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the Commission from whom the appeal is taken. Ordinance No. 94-3636 Page 11 F. Judicial Appeal: If not satisfied with the decision of the City Council, the appellant may appeal to the Johnson County district court within thirty (30) days after the Council's decision. G. Compliance with Certificate Required: 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 designee to in- spect, from time to time, any work per- formed pursuant to such a certificate to ensure 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 autho- rized by the certificate shall be deemed a violation of these regulations. Sec. 14-4C-8. REMEDY OF DANGEROUS CONDITIONS:' A. Except for emergencies as determined by the Building Official pursuant to the ordi- nances of the City, City enforcement agen- cies and departments shall give the Historic Preservation Commission at least thirty (30) days' notice of any proposed order for remedying conditions determined to be dangerous to life, health or property which may affect the exterior features of any building. B. The Commission shall have the power to require that changes or 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 enforcement 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 ap- proved by the Commission and shall be signed by the chair of the Commission, the 'See also Section 14-5F-3 of this Title. Ordinance No. 94-3636 Page 12 property owner, and the head of the City enforcement agency or department. C. If a solution acceptable to the Commission, the City enforcement agency or department, and the property owner 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 pro- posed order. Sec. 14-4C-9. COMPLIANCE WITH ZONING REGULATIONS: Any new building shall conform to all setback requirements of the zone in which it is to be built or moved.' However, if a building has been damaged or destroyed due to fire, explo- sion, act of God or other natural disasters, it may be placed upon its original foundation or the site of the original foundation regardless of the extent of damages, provided it is recon- structed as near as possible to the original exterior design.' Sec. 14-4C-10. PENALTIES: Any violation of this Chapter shall be consid- ered a simple misdemeanor or Municipal Infrac- tion or environmental infraction as provided for in Title 1, Chapter 4 of the City Code. SECTION 11. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION 111. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. 'See Section 14-6Q-4 of this Title. 'See Chapter 6, Article T of this Title for restoration of nonconforming structures. Ordinance No. 94-3636 Page 13 SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in full force and effect after its final passage, approval and publication, in accordance with law, on September 1, 1994. Passed and approved this _30th day of August, 1994. MAY —OR ATTEST: CITY CIL K pprove b City ttorney;iO fic ppdadminVlp .Ord Ordinance No. 94-3636 Page 14 It was moved by Kubby and seconded by Thro�r.morton that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton First Consideration 8 19 194 Vote for passage: AYES: Pigott, Baker, Horowitz, Kubby, Lehman, Novick. NAYS: None. ABSENT: Throgmorton. Second Consideration _ Vote for passage: Date published 9/7/94 Moved by Kubby, seconded by Novick, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. NAYS: None. ABSENT: None. RESOLUTION NO. 90-60 RESOLUTION AMENDING THE BY-LAWS OF THE HISTORIC PRESERVATION COMMISSION TO ALTER THE MEMBERSHIP OF THE COMMISSION AND ALLOW THE COMMISSION TO ESTABLISH THE DAY OF THE WEEK ON WHICH IT MEETS. WHEREAS, Resolution No. 83-371 adopted By -Laws governing the meetings, membership, officers and conduct of the Historic Preservation Commission; and WHEREAS, the Commission and City Council wish to amend the Commission's By -Laws to delete the requirement that one member of the Historic Preservation Commission be a member of the Planning & Zoning Commission; and WHEREAS, the Commission and City Council also wish to amend the Commission's By -Laws in order to add a section authorizing the Planning & Zoning Commission to send a non -voting representative to the Historic Preservation Commission, to serve in a liaison capacity, as needed; and WHEREAS, the Commission and City Council wish to amend the Commission's By -Laws to state that "regular meetings of this Commission shall be held once each month" rather than mandating the second Wednesday of each month for Commission meetings; and WHEREAS, the Rules Committee of the Iowa City City Council has unanimously approved acceptance of the proposed By -Law amendments for the Iowa City Historic Preservation Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the By -Laws of the Iowa City Historic Preservation Commission, as amended and as attached hereto; are approved as to form and content, and are hereby adopted. It was moved by Courtney and seconded by adopted, and upon roll call there were: Horowitz the Resolution be AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick Passed and approved this 17th day of April , 1990. ;YO Approved as to Form ATTEST: CITY CLERK Legal Department i_2-fa BY-LAWS IOWA CITY HISTORIC PRESERVATION COMMISSION ARTICLE I. MEETINGS Section 1. Regular Meeting. Regular meetings of this Commission shall be held an the once each month. Section 2. Special Meetings. Special meetings of the members may be called by the Chairperson and shall be called by the Chairperson's request for members of the Commission. Section 3. Place of Meetings. Regular meetings shall be in the Iowa City Public Library, Civic Center or other appropriate meeting place in Iowa City, Iowa. Should these places be unavailable, another meeting place shall be selected. Section 4. Notice of Meeting. Notice and agenda for all regular meetings shall be distributed to all members of the Commission and the press. Special meetings may be called upon notice to all members of the media at least 24 hours before a special meeting is held. All provisions of the State Open Meetings Law shall be followed. Section 5. Quorum. A majority of the members of the Commission shall constitute a quorum at any meeting and a majority of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during all regular meetings for open public discussion. ARTICLE II. MEMBERSHIP Section 1. Membership. The Historic Preservation Commission shall consist of seven members; term of membership shall be three years except for the shortened terms that provide for staggered membership. n;;a_ mcm eF shall be a FA8FAbeF Of the oiaR, OR9 and Z^^i _ Gemmi sien to be .,...,.rote, by said G,....,-.. is o... The Chairperson and Vice -Chairperson will be elected annually by the Commission ,members. All members shall be qualified electors of the City of Iowa City, Iowa, and shall serve as members without compensation, but shall be entitled to the necessary expenses, including travel expenses, incurred in the discharge of their duties. Section 2. Nomination. The City Council shall appoint members to the Historic Preservation Commission as vacancies occur. 2 Section 3. Terms. Upon the expiration of terms of present members, new members shall be appointed for three-year terms. Term Of OffiGGfor !he Risn_Rinq_and Zoning membeF r.hr 4 lae Section 4. Absences. Three consecutive unexplained absences of a Commission member may result in a recommendation to the Mayor from the Commission to discharge such member and appoint a new Commission member. Section 5. Orientation for New Members. Prior to the first regular meeting following their appointment, new members shall be provided with copies of the pertinent portions of the City Code, Historic Preservation Commission By-laws, and other documents that would be useful to Commission members in carrying out their duties. ARTICLE III. OFFICERS Section 1. Number. The officers of this Commission shall be a Chairperson and Vice - Chairperson, each of whom shall be elected by members of the Commission. Section 2. Election and Term of Office. The officers of this Commission shall be elected annually. Section 3. Vacancies. A vacancy in either office shall be filled by Commission members for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings of the members, appoint committees, call special meetings and in general perform all duties of the Chairperson and such other duties as may be prescribed by members from time to time. Section 5. Vice -Chairperson. In the absence of the Chairperson or in the event of death, inability or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. ARTICLE IV. CONDUCT OF COMMISSION AFFAIRS Section 1. Agenda. The Chairperson or a designated representative, together with appropriate members of the City staff, shall prepare an agenda for all regular Commission meetings. Agendas are to be sent to Commission members, the City Council and the media at least three days prior to the regular meetings. Section 2. Secretary. A secretary, not to be a Commission member, shall be provided for all regular and special meetings. Section 3. Minutes. Minutes of all regular and special meetings are to be prepared and distributed to Commission members and approved by the Commission prior to being sent to 3 City Council, in the manner prescribed by the Council. Specific recommendations for the Council are to be set off from the main body of the minutes, and appropriately identified. Section 4. Policies and Programs. Periodically, the Commission shall review the policies and programs of the City relating to historic preservation, and make such recommendations to the City Council as are deemed appropriate. Section 5. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Commission by the City Council. The Commission shall initiate the consideration of such items at the next regular meeting following receipt, and shall notify Council of its disposition. Section 6. Attendance at Council Meetings. The Commission Chairperson or designated representative are to be in attendance at all City Council meetings, including informal sessions, at which matters pertaining to the Commission are to be discussed or when actions concerning the Conmission's responsibilities are to be taken. The Commission's Chairperson is to receive Council agenda prior to each Council meeting, and is to be otherwise notified of meetings involving Commission business. Section 7. Annual Report. An annual report, detailing the activities of the Commission, shall be prepared by the Chairperson, approved by the Commission, and submitted to the City Council. Section 8. Liaison with Planning and Zoning Commission. At such time as the Commission undertakes any business which is deemed pertinent to the activities of the Planning and Zoning Commission, the Planning and Zoning Commission shall be so notified, and may send a representative to the next meeting of the Historic Preservation Commission to act as a liaison between the two Commissions. ARTICLE V. AMENDMENTS Section 1. These by-laws may be altered, amended or repealed and new by-laws may be adopted by the members at any regular meeting or at any special meeting called for that purpose. ,C,_�4APPROVED AS M FOR LEGAL DEPARTMENT RESOLUTION NO. 90- 59 RESOLUTION ADOPTING PROCEDURES AND GUIDELINES FOR REVIEW OF PROJECTS IN HISTORIC DISTRICTS. WHEREAS, Historic Districts have been established in order to protect and preserve the City's architectural and historic heritage; and WHEREAS, the Historic Preservation Commission has drafted Procedures and Guidelines for Review of Projects in Historic Districts, a copy of which is attached hereto; and WHEREAS, said Procedures and Guidelines are intended to establish policies, procedures and guidelines which shall apply to the Commission's review of exterior construction and renovation projects in Historic Districts; and WHEREAS, said Procedures and Guidelines are intended to further design policies which will encourage compatibility with existing and future Historic Districts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY that the Procedures and Guidelines for Historic Districts, attached hereto, are approved as to form and content, and are hereby adopted. It was moved by Ambrisco and seconded by Kubbv the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco K Courtney x Horowitz X Kubby x Larson x McDonald x Novick Passed and approved this 17th day of April , 1990. kOR Ap ved as to Form ATTEST: C CLERK Legal Department - -.2 d PROCEDURES AND GUIDELINES FOR REVIEW OF PROJECTS IN HISTORIC DISTRICTS SECTION A: PROCEDURES APPLICABILITY In an officially designated historic district, any exterior alterations or new construction which require a City permit must be approved by the Historic Preservation Commission. Examples of alterations or construction that may require approval include, but are not limited to, an addition to a house, construction of a porch, construction of a garage, or demolition of a building. Examples of exterior work that do not require historic preservation review include house painting, reroofing when no structural members are involved, and construction of a fence not exceeding six feet in height. . INITIATING REVIEW When a person applies for a permit to demolish a building, to alter an existing structure, or to construct a new building in a historic district, the project will require a Certificate of No Material Effect or a Certificate of Appropriateness. These Certificates will be part of the building or demolition permit. No project may begin until both the historic preservation and building inspection review processes have been completed: III. STANDARDS FOR REVIEW OF APPLICATIONS In reviewing applications, the standards enumerated in the Secretary of Interior's Standards for Rehabilitation in Section 27-87 of the Iowa City Code of Ordinances and locally adopted guidelines, if any, shall be applied. IV. APPLYING FOR A CERTIFICATE Application for a Certificate of No Material Effect or a Certificate of Appropriateness is obtained from the Iowa City Building Division of the Housing and Inspection Services Department. This Application must be filed as part of the building or demolition permit application process. The applicant must submit the application form, a site plan and elevation drawings, both drawn to scale. The plan and drawings need not be professionally prepared. The applicant may submit additional materials, such as photographs or materials to be used. The application will be made to the Building Division of the. Department of Housing and Inspection Services, located in the Civic Center at 410 E. Washington Street, Iowa City, Iowa. V. CERTIFICATE OF NO MATERIAL EFFECT A. When to Apply. A Certificate of No Material Effect shall be applied for when, in the opinion of the Building Inspector, the proposed alteration or construction is minor, will not affect the appearance of the building, and will not compromise the character of the neighborhood. Examples of such minor effects include installation or improvement of fire escapes which are unobtrusive and not visible from the street, and minor alterations to outbuildings such as installing ventilation equipment or widening garage doors to accommodate modern vehicles. -2- B. Review Process. Upon the filing of an application for a Certificate of No Material Effect, the Building Division shall forward the Application to the Department of Planning and Program Development ("PPD"). Within two (2) working days after PPD receives the completed application, the Chairperson, or his/her designee, together with another member of the Historic Preservation Commission shall meet to determine if a Certificate of No Material Effect should be issued. If, after review, the application does not trigger the Certificate of Appropriateness standards set in Sec. 27-87 of the Iowa City Code of Ordinances, the Chairperson and the Commission member shall issue a Certificate of No Material Effect, and shall notify both the applicant and the Building Inspector within two (2) working days thereafter. The Permit may then be issued if the project complies with all other applicable City codes. If the Certificate of No Material Effect is denied, the applicant shall' be notified in writing within two (2) working days of such denial, and the application shall be forwarded to the Historic Preservation Commission for review for a Certificate of Appropriateness. VI. CERTIFICATE OF APPROPRIATENESS A. When to Apply. A Certificate of Appropriateness shall be applied for when, in the opinion of the Building Inspector, the proposed alteration or construction will affect the appearance of the building or the district; when a Certificate of No Material Effect is denied; or when demolition is requested. Application shall be made to the Building Division of the Department of Housing and Inspection Services located in the Civic Center at 410 E. Washington Street, Iowa City, Iowa. B. Review process. Standard Review: The Historic Preservation Commission shall designate a regular time and place each week when and where it will have special meetings to review applications for Certificates of Appropriateness. The Commission will meet at that time only to review such applications. If no such applications have been made, the Commission need not meet. Public notice of the meetings shall be given to news media and posted in the lobby of the Civic Center, located at 410 E. Washington Street, Iowa City, Iowa. The meetings shall be open to the public. In order to expedite the review process, an application for a Certificate of Appropriate- ness must be received in the Department of Planning and Program Development at least two (2) working days before the time for a scheduled review meeting of the Historic Preservation Commission. Applications will be reviewed by the staff only to determine that the proposed construction is in compliance with Zoning and Building Code requirements. If the Commission, after review, determines the application requires major changes or additions, the Commission shall defer the application for consideration at a regular -3- monthly meeting. In such event; the Applicant shall be informed in writing of the time and place of such regular meeting. Monthly Meeting Review: In order to be placed on the regular monthly agenda, an application for a Certificate of Appropriateness must be received in the Department of Planning and Program Development no less than 12 working days prior to the scheduled monthly meeting. VII. COMMISSION MEETING FORMAT A quorum of a majority of the voting members of the Commission is required for a meeting. At the meeting, the Commission will hear first from staff to gain background information about the application. The Commission will then hear from the applicant or his/her designated representative. All site plans, elevation drawings, photographs, and other materials shall be made available to the Commission at this time. The Commission members will then have the opportunity to question both staff and the applicant. Members of the public will be invited to present their views; persons in support of the Application shall be heard first, then persons opposing such application. Every effort will be made to work with the applicant to achieve a project design which will meet the standards of the Commission and the needs of the applicant. The Commission may approve, modify, or disapprove the application. An affirmative vote of a majority of those members present is needed to approve or modify an application. The Commission's findings on each application shall be set forth in a written resolution, to be filed in the City Clerk's office as a public record. VIII. APPEAL If an application for either a Certificate of Appropriateness or Certificate of No Material Effect is approved, then the applicant may continue with the permit process. If the application is denied, the applicant has ten (10) working days after the Commission's resolution is filed in the City Clerk's office to file a written appeal to the City Council. The appeal may be made by letter to the City Council. The letter may be accompanied by any materials submitted to the Historic Preservation Commission. APPIOED AS TO FO y U c � ram- LEGAL DEPARTMENT la— 9G SECTION B: GUIDELINES The following are guidelines intended to guide property owners in the construction of new buildings and exterior alterations in Iowa City's designated historic districts. In addition, these guidelines shall be used by the Historic Preservation Commission in determining whether to issue Certificates of Appropriateness and for the review of demolition permits. In no case may these guidelines be used to attempt to replace or override the requirements of the Iowa City Zoning Ordinance. GENERAL A. The design of new structures need not mimic historical styles. The intent of these guidelines is to encourage creativity in design, including contemporary styles. However, such designs must be harmonious with surrounding structures, and must not compromise the historic character of the district. B. Compatibility and harmony will be measured as those attributes relate to the historic structures which contribute to the historic character in a district, and not as they relate to buildings which do not contribute to said character. C. These guidelines may be amended from time to time as deemed appropriate by the Historic Preservation Commission and the City Council. II. BUILDING HEIGHT A. The number of stories of new buildings should be, to the nearest half -story, the average of the number of stories of adjacent buildings characteristic of the district, not to exceed the maximum height allowed by the Zoning Ordinance. III. ROOF FORM A. Roof pitch and roof shape should be similar to existing architecturally significant structures located in the district. B. The roof volumes and number of roof faces of new construction should be similar to that of buildings of architectural significance within the immediate area. C.. Roofing materials should be consistent with the style of the building on which the roof is being placed, and should also be consistent with the predominant materials used on surrounding buildings. IV. VERTICAL EMPHASIS A. When vertical emphasis is a dominant characteristic in the historic district, it should be reinforced by overall building height, vertical windows, doors with transoms, grouping of windows and/or window bays, and floor -to -floor heights. 2 B. The exterior floor -to -floor heights of new construction should match those of adjacent historic buildings or other buildings of architectural significance which exist in the same district. V. STREETSCAPE A. Setbacks should be similar to surrounding buildings. B. Spacing between buildings on a block and the size of building fronts should be similar to the existing spacing and size that is already established on a block face. C. Blank facades which break the pattern on the street should not be used in historic districts. VI. THE FRONT A. Entry levels of new buildings should match the height of entry levels of adjacent architecturally significant buildings unless the topography of the site makes this inappropriate. B. Emphasis should be given to the entry so that the entry is visible from the street. Front porches and steps, emphasis at door areas, and other decorative features can be used if such is already established as a neighborhood pattern. C. Porches should have a connection to the interior by the use of windows and doors. VII. DETAILS A. The windows of new construction should repeat the lines, size and shape of window openings used on surrounding buildings. B. Large areas of solid blank wall should not be created on any highly visible elevations. Vill. OUTBUILDINGS AND GARAGES A. Garages and other outbuildings should be located in positions relative to the main building which are similar to other garages and outbuildings in the historic district, to the extent such placement is possible under the Zoning Ordinance. B. Double -wide garage door openings are discouraged if visible from the public right-of-way. C. Additional curb cuts should not be created where an existing -alley is being used for the sole means of access by at least 50% of the lots on the block. A curb 3 cut may be created when there is no other reasonably functional alternative for access to garages and outbuildings. D. New outbuildings should be subordinate to and compatible with the main building. E. The roof form of any new outbuilding should be similar to the main building. F. Prefabricated metal outbuildings are strongly discouraged. IX. OTHER CONSTRUCTION A. Garages built into new residential structures should not visually dominate the front of the building, nor be set closer to the street than the main part of the building. B. The amount of exposed foundation should be similar to other architecturally significant buildings in the district. C. To the extent possible, required parking should be placed behind the principal building, and be hidden from street view. X. DEMOLITION Based upon National Register Criteria for Evaluation established by the National Park Service, a structure's classification as key, contributing or intrusion will govern the review of any request for demolition. A. A Certificate of Appropriateness for the demolition of any key structure will be denied unless the applicant can demonstrate that the building is structurally unsound and irretrievable and/or the denial of a demolition permit would create a significant economic hardship for the applicant. B. A Certificate of Appropriateness for the demolition of any contributing structure may be approved, after a 60-day period from date of application, during which the applicant and the Commission may endeavor to find an alternative means of developing the site. C. Any structure which is not a key or contributing structure in the historic district shall be considered an intrusion and will be approved for demolition upon request. ":::��PPR AS TO FO LEGAL DEPARTMENT A-11- 11e CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 -ILED ��ry STATE OF IOWA 1985 DEC 19 D 6: 18 SS � fil'COR��i: JOHNSON COUNTY JONNS0N L0..1017A I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 85-3268 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of December 19 85 , all as the same appears of record in my office. Dated at Iowa City, Iowa, this 18th day of 19 85 . Marian K. Karr City Clerk December ORDINANCE NO. 8S-3268 ORDINANCE AMENDING THE POWERS OF THE HISTORIC PRESERVATION COMMISSION AS SPECIFIED IN THE HISTORIC PRESERVATION ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. That the Iowa City Code of Ordinances Section 27-85 is deleted and the following is inserted in lieu thereof: Section 27-85. Powers of the Commission. (a) The Commission shall be authorized to conduct studies for the identifica- tion and designation of historic districts meeting the definitions established by this article. The Commission may proceed at its own initiative or upon a petition from any person, group or association. (b) The Commission shall make a recommen- dation to the Office of Historic Preservation of the Iowa State Historical Department for the listing of a historical district or site in the National Register of Historic Places and shall conduct a public hearing thereon. (c) The Commission shall review and act upon all applications for Certifi- cates of Appropriateness, pursuant to Section 27-87. (d) The Commission shall cooperate with property owners and city agencies pursuant to the provisions of Section 27-88. (e) 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, architec- tural or cultural value, and by encouraging persons and organizations to become involved in preservation activities. (f) 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 II. CERTIFICATION. The City C erk is hereby authorized and directed to certify a copy of this oridnance to the County Recorder of Johnson County, Iowa, upon final passage of publication as provided by law. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILI-TY. If any sec ion, provision or part of the Ordi- nance shall be adjudged to be invalid or unconstitutional, such adjudication 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 Ordi- nance shaTT be in effect after its final passage, approval and publication as required by law. Passed and approved this 17th day of December, 198 MAYOR ATTEST: ITY CLERK It was moved by Baker , and seconded by Ambrisco that the ordinance as read -Fe-adopted and upon roll ca-T1 there were: AYES: NAYS: ABSENT: x_ AMBRISCO x BAKER x DICKSON x_ ERDAHL X MCDONALD X STRAIT X ZUBER First consideration 11/19/85 Vote for passage: Ayes: Erda 1, McDonald, Strait, Zuber, Ambrisco, Baker, Dickson. Nays: None. Second consideration 12/3/85 _ Vote for passage Ayes: Strait, Zuber, Ambrisco, Baker, Dickson, McDonald. Nays: None. Absent: Erdahl. Date published 12/24/85 BOOK 8is PAJE t5 AIRPORT COMMISSION 76-1i AIRPORT ZONING COMMISSION AIRPORT ZONING BD. OF ADJUSTMENT ASSESSOR'S EXAMINING BD. -- BD. OF ADJUSTMENT '?rivv ¢v BD. OF APPEALS T"R 10R t10 �� c BD. OF ELECTRICAL EXAMINERS AND APPEALS Pklp,P 6,0 �G o BD. OF EXAMINERS OF PLUMBERS 4 �G U BD. OF LIBRARY TRUSTEES BD. OF REVIEW BD. OF TRUSTEES FOR POLICE RETIREMENT BD. OF TRUSTEES FOR FIRE RETIREMENT BROADBAND TELECOMMUNICATION COMM. CITY CONFERENCE BD. CIVIL SERVICE COMMISSION COMMITTEE ON COMMUNITY NEEDS / 9 76 DESIGN REVIEW /975� HISTORIC PRESERVATION COMM. / 72.2- HOUSING COMMISSION HUMAN RIGHTS COMMISSION MAYOR'S YOUTH EMPLOYMENT BD. /9CQ S-5161 PARKS AND REC. COMMISSION PLANNING AND ZONING COMMISSION PROJECT GREEN RESOURCES CONSERVATION COMMISSION l i 77 RIVERFRONT COMMISSION 1973 SENIOR CENTER COMMISSION /9 7 9 City of Iowa City MEMORANDUM Date: August 5, 1985 To: Planning and Zoning Commission n��pA / From: Monica Moen, Associate Planner '�lY'�'`" Re: Proposed Amendment to the Historic Preservation Ordinance At its July 10, 1985, meeting, the Historic Preservation Commission proposed to amend Section 27-85, "Powers of the Commission," of the Historic Preserva= tion Ordinance to permit review of local nominations of historic districts or sites to the National Register of Historic Places. This proposal emerged in response to the Commission's interest in having the City seek Certified Local Government (CLG) status. The State Office of Historic Preservation has formulated Iowa's Certified Local Government historic preservation program. Initiated by the National Park Service and administered by the State Historic Preservation Office, the program intends to expand the preservation policy -making and administrative roles of local political subdivisions. By satisfying basic federal require- ments, CLGs become collectively eligible for ten percent of Iowa's Historic Preservation Fund money from the National Park Service to pursue local needs. In order to become certified, a local government must meet several require- ments, chief of which are to have enacted and approved an historic preserva- tion ordinance and appointed an historic preservation commission to enforce the ordinance. The attached information outlines the minimal requirements for certification. The City meets all but one of the CLG program guidelines. The element which needs to be addressed in the Historic Preservation Ordinance is the Commis- sion's responsibility to review all proposed National Register nominations located within Iowa City. It is proposed that the following language which would satisfy this requirement be inserted as Paragraph (b) of Section 27-85 of the Iowa City.Code of Ordinances): (b) The Commission shall make a recommendation to the Office of Historic Preservation of the Iowa State Historical Department for the listing of a historical district or site in the National Register of Historic Places and shall conduct a public hearing thereon. The Historic Preservation Commission has reviewed and approved this amendment and is forwarding this change to you for your consideration. A copy of the proposed ordinance amendment is attached. If you have questions or require additional information prior to the August 12 informal Planning and Zoning Commission meeting, please do not hesitate to call me at 356-5247. I will attend your August 12 meeting to answer any questions you may have. bjl/14 IOWA CERTIFIED LOCAL GOVERNMENT PROGRAM PURPOSE: The purpose of this program is to help local communities recognize and promote their historic and architectural heritage. In essence, the Certified Local Government (CLG) program constitutes a partnership between state and local governments designed.to enhance the ideals of historic preservation through the development of locally -initiated programs. These ideals involve neighborhood betterment and linking economic development to the preservation of a community's heritage. Local governments may annually apply for federal grant funds earmarked for local historic preservation MINIMUM REQUIREMENTS FOR CERTIFICATION: 1. A city or town (not a county) must pass an historic preservation ordinance. This is a form of proclamation expressing community recognition of historic resources worthy of preservation. The ordinance should both affirm civic pride in the legacy of beauty and achievements of the past, and express a desire to promote these through economic development and commerce. 2. The ordinance must allow for the creation of an historic preservation commission with no fewer than three members. Commission responsibilities should be explicitly stated. At minimum, the commisssion must meet three times yearly. It must also consider in an open meeting any National Register nomination in its jurisdiction. Commission membership should also include one representative from each designated district. Counties must also create an historic preservation commission. 3. Historical commissions will have the responsibility to identify/designate local landmarks or historic districts in its jurisdiction. This can be done for community recognition and for future planning efforts. 4. I--f desired, a local government may issue certificates of appropriateness to owners of designated properties or structures contributing to the historic significance of a designated district. 5. A Certified Local Government must maintain a system for the survey and inventory of historic properties for local use. The Office of Historic Preservation strongly recommends community surveys of historic properties because awareness of these resources is an indispensible planning tool for preservation activities. 6. The Certified Local Government shall provide for adequate public participation in local historic preservation programs, including the nomination of properties to the National Register of Historic Places. Proper records of this participation must be kept. A very brief annual report will be required for all activities. I r KINDS OF MATCHING GRANT ACTIVITIES: 1. To conduct a survey and/or inventory of historic properties in the community. 2. To prepare nominations of buildings, sites, structures, objects and districts to the National Register of Historic Places. 3. To prepare and publish studies about a community's history through its buildings. 4. To foster a community education program about historic preservation through the establishment a research center, the development of information about investment tax credits for historic commercial and income -producing buildings, preservation easements, walking tours, Hain Street activities, or other historic preservation -related gatherings. 5. To design a streetscape plan to be used as a model for restoration work. 6. To incorporate historic preservation with economic development. 7. Other related preservation activities which demonstrate a specific, realistic end product. General administrative support can be included in such activities. RESPONSIBILITIES OF THE STATE: 1. To monitor the grants and Certified Local Government activities within the framework outlined in the minimum requirements. 2. To make available orientation materials about historic preservation. 3. To act as the granting agency. This includes proportionate distribution between CLGs.- The state will produce yearly grant criteria. It should be remembered that a CLG will not automatically receive funds each year. Grants are awarded on a competitive basis. HOW TO BECOME CERTIFIED: 1. The chief elected official(s) submits a written proposal and request for certification. 2. The proposal acknowledges the local government's intent to fulfill all regulations of a CLG. 3. Submittal of a copy of the historic preservation ordinance and list of commission members. 4. Provide a list of potential historic sites or districts. 5. The local government will then enter into an agreement with the Office of Historic Preservation, and receive approval from the National Park Service. b 6.1v Printers fee CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I. Bronwyn S. Van Fossen. being duly sworn. say that I am the cashier of the IOWA CITY PRESS -CITIZEN. a news- paper published in said county. and that a notice. a printed copy d which is hereto attac ed. was published in said paper _ timefsl. on the fol.- ]owing datefsf: Cashier Subscribed and Sworn to before. me this 17_ day of1�lf, A:D. 19?y. Notary Public �• /fL- �6 • fro b I MARGAMU • OFFICIAL PURIiGATMW NOTICE OF PUBLIC HEARING N00ce Of publit beg r.1ng to consider AMENDMENTS TO THE KSTORIC PRESERVATION ORDINANCE xhich establish a..Certfficate of No Material Effect and modify the proce-. dures for designating histofic districts, Notice is hereby given that a public hearing will he held by the City Council of Iowa City, Iowa, on the 28th day of August, 1984, in the Council Chambers at �- the C1ric Center, Iowa City, Iowa; at r+hish hearing the Council will Consider amendments to the dLstariS Preservation Ordinance establishing a C®rtiffcete of No Material Effect and Modifying the proce- dures for designating historic districts. Caplts of the proposed amendments are an file for public examination in the Office of the City Clerk, Civic Center, Iowa ;iti+ foul. This notice is given pursuant to Chapter 35P.3 of the code of Iowa 1983. --fasted At Iowa City this 3rd day of August, 1984 �an , Karr,Yarr, C Gy C eiic 8d6di August 11. 196a ri ORDINANCE NO. 85-3268 ORDINANCE AMENDING THE POWERS OF THE HISTORIC PRESERVATION COMMISSION AS SPECIFIED IN THE HISTORIC PRESERVATION ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. That the Iowa City Code of Ordinances Section 27-85 is deleted and the following is inserted in lieu thereof: Section 27-85. Powers of the Commission. (a) The Commission shall be authorized ,to conduct studies for the identifica- tion and designation of historic districts meeting the definitions established by this article. The Commission may proceed at its own initiative or upon a petition from any person, group or association. (b) The Commission shall make a recommen- dation to the Office of Historic Preservation of the Iowa State Historical Department for the listing of a historical district or site in the National Register of Historic Places and shall conduct a public hearing thereon. (c) The Commission shall review and act upon all applications for Certifi- cates of Appropriateness, pursuant to Section 27-87. (d) The Commission shall cooperate with property owners and city agencies pursuant to the provisions of Section 27-88. (e) 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, architec- tural or cultural value, and by encouraging persons and organizations to become involved in preservation activities. (f) 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 II. CERTIFICATION. The City C erk is hereby authorized and directed to certify a copy of this oridnance to the County Recorder of Johnson County, Iowa, upon final passage of publication as provided by law. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordi- nance shall be adjudged to be invalid or unconstitutional, such adjudication 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 Ordi- nance shall a in effect after its final passage, approval and publication as required by law. Passed and approved this 17th day of December, 1985 !, ATTEST: '4' yi�e ITY CLERK �'^ Ravi � s�,?+nr��. r►� It was moved by Baker and seconded by Ambrisco that the Ordinance as read a adopted and upon ro ca ere were: AYES: NAYS: ABSENT: AMBRISCO -_ BAKER -_ DICKSON -X ERDAHL .— MCDONALD X STRAIT X ZUBER First consideration 11/19/85 Vote for passage: Ayes: Erd 1, McDonald, Strait, Zuber, Ambrisco, Baker, Dickson. Nays: None. Second consideration 12/3 85 Vote for passage Ayes: Strait, Zuber, Ambrisco, Baker, Dickson, McDonald. Nays: None. Absent: Erdahl. Date published 12/24/85 _,,- ny- ORDINANCE NO. 11984 va v,SC'� ►D L. uT03G� AN ORDINjNCE ESTABLISHING AN HISTORIC PRESERVATION MARIAN P. KAR CITY, IOWA, AND PROVIDING FOR THE ESTABLISHMENT OF HISTORIC crry CLOFffION DISTRICTS, AND DEFINING POWERS AND DUTIES IN ASSOCIATION 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 of the public through the protection, enhancement, and perpetuation of districts and historic and cultural significance located in the City of Iowa City. B. Safeguard the City's historic, aesthetic, and cultural heritage by preserving districts of historical, architectural, and cultural 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. Protect and enhance the City's attractions to tourists and visitors and the support and stimulus to business thereby provided. F. Strengthen the economy of the City, and G. Promote the use of districts of historic and cultural significance as sites for the education, pleasure and welfare of the people of the City. SECTION II. DEFINITIONS A. APPLICANT. The party making application for a Certificate of Appropri- ateness 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, must be obtained before a Regulated Permit may be issued. D. CERTIFICATE OF NO MATERIAL EFFECT. The document, issued in lieu o_f_a Certificate of Appropriateness before a regulated permit is issued, which signifies that the work contemplated in the application will have no effect on anv significant architectural features of the buildino r on the historic district. The Certificate of No Material Eff ct evidences -approval by the Historic Preservation Commission and the Department of Planninq and Program Development -of a proposal to make a change in aggearance. Ordinance No. Page 2 E. CHANGE IN APPEARANCE. Any change or alteration of the exterior features of a building or change or alteration of the appearance of a property within an 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 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. F. 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 build- ing, the reconstruction or restoration of a building, or any action to change, modify, reconstruct, remove or demolish any exterior feature of an existing building. G. COMMISSION. The Iowa City Historic Preservation Commission, as established by this Ordinance. H. 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. I. HISTORIC DISTRICT. An area that contains contiguous pieces of property under diverse ownership which: 1. Are significant to American history, architecture, archaeology and culture or Iowa City history, architecture, archaeology and culture, 2. Possess integrity of location, design, setting, materials and workmanship. 3. Are associated with events that have made a significant contribu- tion 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. J. 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. Ordinance No. Page 3 K. 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. 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, archaeology, 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 occurring 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 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. Ordinance No. Page 4 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 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 identi- fication and designation of Historic Districts meeting the definitions established by this ordinance. The Commission may proceed at its own initiative or upon a petition from any person, group or association. B. The Commission shall review and act upon all applications for Certifi- cates 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 histori- cal, architectural or cultural value, and by 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 desig- nated an historic district. Before any report ❑r recommendation is submitted to the Planning and Zoning Commission for review, the Commission shall hold a public hearing on any proposal t❑ designate an area as an 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 Ordinance No. Page 5 submit its report to the Planning and Zoning Commission and shall include a proposed ordinance establishing such district and describ- ing the boundary thereof. A copy of the report shall also be submitted to the Office of Historic Preservation of the o�State Historical Departmen or review and recommendations concerning the proposed area. Comments from the Office of Historic Preservation regarding the proposed area shall be received by the City rior to the date of any action taken by the PTanning & Zoning❑mmission which sets forth recommendations o the City Council on an ordinance establishing the proposed area as an historic district. B. Within sixty (60) days of the receipt of the report, of recommenda- tions from the Iowa City Historic Preservation Commission and the Office of Historic Preservation of the Iowa State Historical Depart- ment, and of the propose or inance, the Planning and Zoning ommis- sion shall submit its recommendations 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. The Historic Preservation Commission shall be advised of any modifi- cations to the proposed historic district which are recommended b the Planning and Zoning Commission. C. If the area of the proposed historic district as approved by the Historic Preservation Commission is altered by the Planning and Zoning Commission, the City Council shall submit a description of the altered proposed area of historical significance or the petition descr—'�6i ing the area, to the Office of Historic Preservation of the Iowa State Historical Department for review and recommendations concerning the proposed area. D. The recommendations from the Office of Historic Preservation concern- in2 the proposed area or altered proposed area shall be received the City prior to setting a public hearing conducted by the City uouncii on an ordinance establishing an historic district. An recommendations made by the Office of Historic Preservation shall be made availaDie Dy the Uity to the public for viewing duri ng normal working hours at a city government place of ublic access. U on receiving the recommendations of the Office of Historic Preserva- tion on the. proposed- area and/or alterea proposedarea the City Council shall provide notice of such hearing as provided by law and conduct a pUhlir hearin on the ordinance establishing an historic district. The Council -may adopt or reject the ordinance or may refer the historic district designation to the Historic Preservation Commission for modification. If the Council refers the is oric district esi na ion to the Historic Preservation Commission for modification, the procedures described in Paragraphs A_through D of This Section shall be followed with the exceptions that unless substantial modifications are proposed the public hearing requirement described in Para rah A may be waived and only property owners Ordinance No. Page 6 affected by the Council proposed modification shall be notified b mail of the modification prior to acF`5`ny the Historic Preservation Commission. SECTION VII. APPLICATIONS FOR CERTIFICATES OF APPROPRIATENESS A. After adoption of the Historic Preservation Ordinan corporation shall undertake a change in appearanc site within a designated historic district for permit is required, nor shall the Building Official permit for a change in appearance of a building Certificate of Appropriateness or a Certificate of has been granted. e ce no individual or of a building or which a regulated issue a regulated or site, unless a No Material Effect B. The Chair of the Historic Preservation Commission and the Secretary of the Historic Preservation Commission, or their designees, may issue a Certificate of No Material Effect if the work contem lated in the a - lication will have no effect on any significant architectural features of the building or on the historic district. C. Application for a Certificate of Appropriateness shall be made to the Building Official. The application should include drawings, photo- graphs, sketches and other exhibits portraying the work to be accom- plished which will aid the Historic Preservation Commission in the consideration of the application. D. 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 the application pertains solely to the interior of the structure. E. All applications received before the closing date, to be established by the Commission, shall be considered by the Commission at its next regularly scheduled meeting. The Commission shall review the applica- tion according to the duties and powers specified herein. In review- ing the application the Commission may confer with the applicant or the applicant's authorized representative. In acting upon an applica- tion 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 of Interior's "Standards for Rehabili- tation.-" F. 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 Ordinance No. Page 7 Certificate of Appropriateness will be issued, signed by the Chairper- son, 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. G. 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 follow 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 the powers of the Commission from whom the appeal is taken. H. 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 Council's decision. I. 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 Certifi- cate 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 for remedying conditions determined to be dangerous to life, health or property. B. The Commission shall have the power to require that changes or 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 Ordinance No. Page 8 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 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 depart- ment, 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 setback 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 recon- structed as near as possible to the original exterior design, it may be placed upon its original foundation or the site of the original founda- tion. 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 misdemeanor to be prosecuted in a court of appropriate juris- diction 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 invalid, 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 unconstitu- tional or invalid. SECTION XII. SHORT TITLE. This ordinance shall be known as 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 immedi- ately upon passage and publication as required by law. Passed and approved this MARIAN KARR, CITY CLERK beelved & Approved By The tegat Department L'� _, 71st �� Council Activities July 31, 1984 Page 3 sion, moved by Ambrisco, seconded by Baker, to set a public hearing for 8/14/84 to hear the appeal of the fraternity. The Mayor declared the motion defeated, 0/6, Erdahl absent. Moved by Ambrisco, seconded by Dickson, to set a public hearing for 8/28/84- on proposed amendments to the _Historic Presentation Ordinance which establish a Certificate of No Material Effect and modify the procedures for designating historic districts. The Mayor declared the motion carried unanimously, 6/0, Erdahl absent. Moved by Strait, seconded by Dickson, to set a public hearing for 8/28/84 on a proposed amendment to the Zoning Ordinance regarding the provisional use language for dwellings in the CB2 zone. The Mayor declared the motion carried unanimously, 6/0, Erdahl absent. Moved by Dickson, seconded by Baker, to set a public hearing for 8/28/84 on a proposed amendment to Section 36-88 of the Zoning Ordinance, amendment of the ordinance, to bring the procedures therein into'compli- ance with recent state legislation amending Chapter 414 of the Iowa Code. The Mayor declared the motion carried unanimously, 6/0, Erdahl absent. A public hearing was held on amendments to the Zoning Ordinance to bring the Iowa City Municipal Code into compliance with recent State legislation regarding manufactured housing. No one appeared. A public hearing was held on an ordinance to rezone property at 624 S. Gilbert Street from CI-1 to CC-2. David Poula, attorney for the purchaser, and Ken O'Donnell, realtor for the purchaser, appeared to answer questions. Staffinember Knight present for discussion. Moved by Zuber, seconded by Strait, to adopt RES. 84-213, Bk. 83, pp. 698-700, APPROVING THE FINAL PLAT OF BDI 5TH ADDITION LOCATED AT THE NORTHERNMOST END OF HEINZ ROAD, contingent on approval of legal papers. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the resolution adopted. Moved by Zuber, seconded by Ambrisco, to adopt RES. 84-214, Bk. 839 p: 701, APPROVING THE PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT (LSNRD) PLA14 OF PHARMACEUTICAL DEVELOPMENT SYSTEMS, INC. LOCATED ON LOT ONE OF BDI 5TH ADDITION. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Dickson, to adopt RES. 84-215, Bk. 83, p. 702, APPROVING THE PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN FOR H.P. SMITH COMPANY. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the resolution adopted. Public hearing was held on amendments to the Urban Renewal Plan. Ernie Lehman, representing the Iowa City Chamber of Commerce, appeared re the Blackhawk Minipark and urged Council to have the easement request by the Paul -Helen Bldg. owners appraised and a value assessed to the property owners of the building. Council Activities July 31, 1984 Page 4 Moved by Strait, seconded by Dickson, to defer indefinitely the public hearing on proposed signage easement agreement between the'City of Iowa City and Dr. Harry A. Johnson, Jr., dba Mid -City Hotel Associates -Iowa City. The Mayor declared the motion carried unanimously, 6/0, Erdahl absent. Public hearing was held re acquiring and operating ten (10) dwelling units pursuant to the United States Housing Act of 1937. Strait ques- tioned if name, locations, and estimated costs had to be known and discussed at this time. The City Mgr. stated that no locations would be pursued until the application was approved. A memo would be sent to Council to clarify this matter. No one appeared. Public hearing was held on plans, specifications, form of contract and cost estimate for the construction of sanitary sewer improvements -Sewer System Rehabilitation. No one appeared. Moved by Zuber, seconded by Ambrisco, to adopt RES. 84-216, Bk. 83, p. 703, ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND COST ESTIMATE FOR THE CONSTRUCTION OF SANITARY SEWER IMPROVEMENTS - SEWER SYSTEM REHABILITATION AND AUTHORIZE BIDS TO BE RECEIVED UNTIL 10:00 A.M. ON THE 21ST DAY OF AUGUST, 1984. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the resolution adopted. Leonard Yeggy, 840 St. Anne's Drive, appeared and raised concerns re spraying of chemicals and herbicides. Staff will contact the County Health Department re the concerns. Glenn Shoemaker, Shoemaker and Haaland, appeared re his letter on the Council agenda �iDnsent Calendar regarding engineering services for the Rochester Avenue Reservoir project. Mr. Shoemaker questioned the City bidding procedures. Staff will send material to the Herbert Hoover Engineering Society for review. The Mayor announced the following vacancies: Riverfront Comm. - one vacancy for a three-year term for a representative of the University of Iowa. This appointment will be made at the 9/11/84 City Council meeting. Councilmember Zuber thanked Press Citizen reporter John Campbell for the fine job in service to the city with his stories and wished him well in his new job in Rochester, New York. Councilmember Baker questioned if the gift of land around Sturgis Corner had been resolved. Asst. City Atty. Boyle reported the matter would be discussed in the fall. Baker reported on the Environmental Committee and requested public input re any areas of the City that should be preserved in their natural habitat. Councilmember Ambrisco asked when the landscaping around the Mercy Hospital parking lot would be complete. The City Mgr, reported that plantings would be done in the fall. Councilmember Dickson asked that the Environmental Committee include 624 S. Gilbert as an area for discussion. Asst. City Atty. Boyle reported that a lawsuit had been filed against the City by Plaza Centre One and that Atty. John Hayek will represent the City in this matter. RESOLUTION NO. 83-371 RESOLUTION AUTHORIZING ADOPTION OF BY-LAWS FOR THE IOWA CITY HISTORIC PRESERVATION COMMISSION WHEREAS, the Iowa City Historic Preservation is required by City Ordinance to adopt by-laws governing the operation of the Commission; and WHEREAS, the Iowa City Historic Preservation Commission has unanimously approved acceptance of the proposed by-laws; and WHEREAS, the Rules Committee of the Iowa City Council has approved adoption of the by-laws for the Iowa City Historic Preservation Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the by-laws of the Iowa City Historic Preservation Commission be formally adopted by the Iowa City Council. It was moved by Balmer and seconded by Lvnch the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Dickson X Erdahl X Lynch X McDonald X Neuhauser X Perret Passed and approved this 22nd day of November ATTEST: Y11 � __ CITY CLERIC , 1983. M'L Yi:li .'iS��itY Council Activities November 22, 1983 Page 5 item to be acted upon. Moved by Balmer, seconded by McDonald, to set a public hearing for 12/20/83 on the proposal to issue $700,00 aggregate principal amount of Industrial Revenue Bonds (Millard Warehouse Project) Series B of the City of Iowa City, :Iowa. The Mayor declared the motion carried unanimously, 6/0, Erdahl absent. The City Attorney and City Clerk stated that Council should also take action on a previously deferred resolu- tion establishing fees for right-of-way signs. After discussion, moved by Balmer, seconded by Dickson, to adopt a resolution establishing fees and insurance requirements for right-of-way signs. The Mayor declared the resolution defeated unanimously, 0/6, Erdahl absent. Moved by McDonald, seconded by Perret, to adopt RES. 83-366, Bk. 80, pp. 1099-1101, AUTHORIZING FILING OF THE 1984 COMMUNITY DEVELOPMENT BLOM GRANT/METROPOLITAN ENTITLEMENT PROGRAM STATEMENT FOR 1984 IN THE AMOUNT OF $830,220 UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, INCLUDING ALL UNDERSTANDINGS AND ASSURANCES CONTAINED THEREIN AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE GRANT. Karen Hradek representing Miller/Orchard Neighborhood, thanked Council for their support. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the resolution adopted. Moved by Balmer, seconded by McDonald, to adopt RES. 83-367, Bk. 80, pp. 1102-1103, AUTHORIZING EXECUTION OF AN ADDE[E UM TO THE AGREEMENT WITH HILLCREST FAMILY SERVICES, DBA IOWA CITY RESIDENCE, FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ACQUIRE, REHABILITATE, AND UTILIZE A RESIDENTIAL CARE FACILITY FOR MENTALLY ILL ADULTS, for an additional $20,000. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the resolution adopted. Moved by Balmer, seconded by McDonald, to adopt RES. 83-368, Bk. 80, pp. 1104-1110, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ASSOCIATION FOR CARDED CITIZENS OF JGHNSON COUNTY FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR RENOVATION AND EXPANSION OF THE NELSON ADULT CENTER FOR DEVELOP- MENTALLY DISABLED ADULTS, a $50,000 allocation. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the resolution adopted. Moved by McDonald, seconded by Dickson, to adopt RES. 83-369, Bk. 80, pp. 1111--1112, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE FY84 FUNDING AGREEMENT WITH UNITED ACTION FOR YOUTH, a $500 allocation with an additional $250 held in abeyance. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the resolution adopted. Moved by Dickson, seconded by McDonald, to adopt RES. 83-370, Bk. 80, pp. 1113-1114, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE FY84 FUNDING AGREEMEw WITH THE WILLOW CREEK NEIGHBORHOOD CENTER, an additional $500. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the resolution adopted. Council Activities November 22, 1983 Page 6 Moved by Balmer, seconded by Lynch, to adopt RES. 83-371, Bk. 80, pp. 1115-1118, TO CONSIDER THE ADOPTION OF BY-LAWS FOR THE IOWA CITY HISTORIC PRESERVATION COMMISSION. Councilmember Lynch noted Article IV, Section f, re sting to a secretary not being a Commission member. The Mayor stated a minute taker was standard. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the resolution adopted. Moved by Lynch, seconded by Balmer, to adopt RES. 83-372, Bk. 80, p. 1119, RESOLUTION GRANTING TO HAMMYE CABLEVISION PERMISSION TO INCREASE THE RATE FOR BASIC CABLE TELEVISION SERVICE by $.95 a month. Individual Councilmembers expressed their views on the request and noted the work done by the Broadband Telecommunications Commission. The Mayor declared the resolution adopted, 5/l/1, with the following division of roll call vote: Ayes: Balmer, Dickson, Lynch, McDonald, Neuhauser. Nays: Perret. Absent: Erdahl. The Mayor noted a memo fram Asst. City Attorney David Brown re proposed Cable Ordinance amendments. Moved by McDonald, seconded by Dickson, that the ORDINANCE AMENDING ARTICLE IV, DIVISION 2 OF CHAPTER 14 OF THE I0WA CITY CODE (THE ENABLING ORDINANCE OF THE CITY'S BROADBAND TELECOPM4UNICATIONS FRANCHISE) as amended, be given first vote for passage. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the motion carried. Moved by Balmer, seconded by McDonald, that ORD. 83-3159, Bk. 21, pp. 183-185, TO AMEND CHAPTER 11 TO SPECIFY THE REQUIREMENTS FOR OBTAINING A MASTER ELECTRICIAN'S LICENSE-, be passed and adopted. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the ordinance adopted: A public hearing was held on the Wastewater Collection and Treatment Program as proposed by the Wastewater Facility Committee. The Mayor noted appreciation for the work by the Committee. The following people appeared for discussion: Prof. Richard Dague, U. of I.; Mikelis Briedis, Veenstra & Kima; Dennis Saeugling, 40 Arbury Drive; Merle Trumnel, 314 W. Benton; Jim Hynes, 621 Dearborn St.; Larry Schnittjer, MMS; Bruce Glasgow, 834 N. Johnson; Public Works Director Charles Schmadeke; and Finance Director Rosemary Vitosh. Moved by.Balmer► seconded by Lynch, to adjourn 12:05 A.M. The Mayor_ declared the motion carried unanimously, 6/0, Erdahl absent. MARY C. NEUHAUSER, MAYOR BY-LAWS IOWA CITY HISTORIC PRESERVATION COMMISSION ARTICLE I. MEETINGS Section 1. Regular _Meeting. Regular meetings of this Commission shall be held on the second Wednesday of each month. Section 2. Special Meetings. Special meetings of the members may be called by the Chairperson and shall be called by the Chairperson's request for members of the Commission. Section 3. Place of Meeting Regular meetings shall be in the Iowa City Public Library, Civic Center or other appropriate meeting place in Iowa City, Iowa. Should these places be unavailable, another meeting place shall be selected. Section 4. Notice of Meeting. Notice and agenda for all regular meetings shall be distributed to all members of the Commission and the press. Special meetings may be called upon notice to all members and the media at least 249hours before a special meeting is held. All provisions of the State Open Meetings Law shall be followed. Section 5. Quorum. A majority of the members of the Commission shall constitute a quorum at any meeting and a majority of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during all regular meetings for open public discussion. ARTICLE II. MEMBERSHIP Section 1. Membership. The Historic Preservation Commission shall consist of Seven members; term of membership shall be three years except for the shortened initial terms that provide for staggered membership. One. member /s ao be a member of the Planning and Zoning Commission to be appointed by ` Airy Commission. Annually the Chairperson and Vice -Chairperson will be elected by the Commission members. All members shall be qualified electors of the City of Iowa City, Iowa, and shall serve as members without compensation but shall be entitled to the necessary expenses, including travel expenses, incurred in the discharge of their duties. Section 2. Nomination. The City Council shall appoint members to the Historic Preservation Commission as vacancies occur. Section 3. Terms. Upon the expiration of terms of present members, new members shall be appointed for three year terms. Term of office for the Planning and Zoning member shall be for three years beginning March 29th. 2 Section 4. Absences. Three consecutive unexplained absences of a Commission member may result in a recommendation to the Mayor from the Commission to discharge such member and appoint a new Commission member. Section 5. Orientation for New Members. Prior to the first regular meeting following their appointment, new members shall be provided with copies of the pertinent portions of the City Code, Historic Preservation Commission By-laws, and other documents that would be useful to Commission members in carrying out their duties. ARTICLE III. OFFICERS Section I. Number. The officers of this Commission shall be a Chairperson and Vice -Chairperson, each of whom shall be elected by members of the Commission. Section 2. Election and Term of Office. The officers of this Commission shall be elected annually at the discretion of the Chair. Section 3. Vacancies. A vacancy in either office shall be filled by the members for the unexpired portion of the term. Section 4. _Chairperson. The Chairperson shall, when present, preside at all meetings of the members, appoint committees, call special meetings and in general perform all duties of the Chairperson and such other duties as may be prescribed by members from time to time. Section 5. Vice -Chairperson. In the absence of the Chairperson or in the event of death, inability or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. ARTICLE IV. CONDUCT OF COMMISSION AFFAIRS Section I. Agenda. The Chairperson or a designated representative together with appropriate members of the City staff, shall prepare an agenda for all regular Commission meetings. Agenda are to be sent to Commission members, the City Council and the media at least three days prior to the regular meetings. Section 2. Secretary. A secretary, not to be a Commission member, shall be provided for all regular and special meetings. Section 3. Minutes. Minutes of all regular and special meetings are to be prepared and distributed to Commission members and approved by the Commission prior to being sent to City Council, in the manner prescribed by the Council. Specific recommendations for the Council are to be set off from the main body of the minutes and appropriately identified. Section 4. Policies and Programs. Periodically the Commission shall review the policies and programs of the City, relating to historic preservation and make such recommendations to the City Council as are deemed appropriate. 3 Section 5. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Commission by the City Council. The Commission shall initiate the consideration of such items at the next regular meeting following receipt and shall notify Council of its disposition. Section 6. Attendance at Council Meetings. The Commission Chairperson or designated representatives are to be in attendance at all City Council meetings including informal sessions, at wh7 ch matters pertaining to the domain of the Commission's responsibilities are to be 'scu5se r c rons taken. The Commission Chairperson is ou cil g n prior� each Council meeting and is r--wi-se---notified of meetings involving Commission business.r_e-� Section 7. Annual Report. An annual report, detailing the activities of the Commission, shall be prepared by the Chairperson, approved by the Commission, and submitted to the City Council. ARTICLE V. AMENDMENTS Section 1. These by-laws may be altered, amended or repealed and new by-laws may be adopted by the members at any regular meeting or at any special meeting called for that purpose. 3 Section S. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Commission by the City Council. The Commission shall initiate the consideration of such items at the next regular meeting following receipt and shall notify -Council of its disposition. Section 6. Attendance at Council Meetings. The Commission Chairperson or designated representatives are to be in attendance at all City Council meetings including informal sessions, at which matters pertaining to the domain of the Commission's responsibilities are to be discussed or actions taken. The Commission Chairperson is to receive Council agenda prior to each Council meeting and is to be otherwise notified of meetings involving Commission business. Section 7. Annual Report. An annual report, detailing the activities of the Commission, shall be prepared by the Chairperson, approved by the Commission, and submitted to the City Council. ARTIrl F v AMENDMENTS Section 1. These by-laws may be altered, amended or repealed and new by-laws may be adopted by the members at any regular meeting or at any special meeting called for that purpose. 474a CITY COUNCIL RULES COMMITTEE MEETING August 16, 1983 RULES COMMITTEE: Meeting of August 16, 1983, 7:20 P.M., in the City Manager's Conference Room. COMMITTEE MEMBERS PRESENT: Erdahl and Lynch 'STAFFMEMBERS PRESENT: Karr HISTORIC PRESERVATION BY-LAWS The Rules Committee noted Article IV, CONDUCT OF COMMISSION AFFAIRS, Section 1, re agenda being sent to Commission members, Council, and media three days prior to a regular meeting. They felt it was a good procedure and urged other Boards and Commissions to include such wording in future by-law revisions. Members raised concerns re special meetings that would not enable three day notice. Rules Committee members suggested a rewording of Article IV, Section 6, ATTENDANCE AT COUNCIL MEETINGS, last sentence, be amended to read "The Commission Chairperson is the person authorized to receive Council agenda prior to each Council meeting and is also the individual to be notified of meetings involving Commission business." The Rules Committee recommends adoption of the by-laws, with or without the suggested change in Article IV. BY-LAWS IOWA CITY HISTORIC PRESERVATION COMMISSION ARTICLE MEETINGS Section 1. Regular Meeting. Regular meetings of this Commission shall be held on the second Wednesday of each month. Section 2. Special Meetings. Special meetings of the members may be called by the Chairperson and shall be called by the Chairperson's request for members of the Commission. Section 3. Place of Meetings. Regular meetings shall be in the Iowa City Public Library, Civic Center or other appropriate meeting place in Iowa City, Iowa. Should these places be unavailable, another meeting place shall be selected. Section 4. Notice of Meeting. Notice and agenda for all regular meetings shall be distributed to all members of the Commission and the press. Special meetings may be called upon notice to all members and the media at least 24 hours before a special meeting is held. All provisions of the State Open Meetings Law shall be followed. Section 5. Quorum. A majority of the members of the Commission shall constitute a quorum at any meeting and a majority of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during all regular meetings for open public discussion. ARTICLE II. MEMBERSHIP Section 1. Membership. The Historic Preservation Commission shall consist of seven members; term of membership shall be three years except for the shortened initial terms that provide for staggered membership. One member shall be a member of the Planning and Zoning Commission to be appointed by said Commission. The Chairperson and Vice -Chairperson will be elected annually by the Commission members. All members shall be qualified electors of the City of Iowa City, Iowa, and shall serve as members without compensation but shall be entitled to the necessary expenses, including travel expenses, incurred in the discharge of their duties. Section 2. Nomination. The City Council shall appoint members to the Historic Preservation Commission as vacancies occur. Section 3. Terms. Upon the expiration of terms of present members, new members shall be appointed for three year terms. Term of office for the Planning and Zoning member shall be for three years beginning March 29th. 2 Section 4. Absences. Three consecutive unexplained absences of a Commission member may result in a recommendation to the Mayor from the Commission to discharge such member and appoint a new Commission member. Section 5. Orientation for New Members. Prior to the first regular meeting following their appointment, new members shall be provided with copies of the pertinent portions of the City Code, Historic Preservation Commission By-laws, and other documents that would be useful to Commission members in carrying out their duties. ARTICLE III. OFFICERS Section I. Number. The officers of this Commission shall be a Chairperson and Vice -Chairperson, each of whom shall be elected by members of the Commission. Section 2. Election and Term of Office. The officers of this Commission shall be elected annually at the discretion of the Chair. Section 3. Vacancies. A vacancy in either office shall be filled by the members for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings of the members, appoint committees, call special meetings and in general perform all duties of the Chairperson and such other duties as may be prescribed by members from time to time. Section 5. Vice -Chairperson. In the absence of the Chairperson or in the event of death, inability or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. ARTICLE IV. CONDUCT OF COMMISSION AFFAIRS Section I. Agenda. The Chairperson or a designated representative together with appropriate members of the City staff, shall prepare an agenda for all regular Commission meetings. Agenda are to be sent to Commission members, the City Council and the media at least three days prior to the regular meetings. Section 2. Secretary. A secretary, not to be a Commission member, shall be provided for all regular and special meetings. Section 3. Minutes. Minutes of all regular and special meetings are to be prepared and distributed to Commission members and approved by the Commission prior to being sent to City Council, in the manner prescribed by the Council. Specific recommendations for the Council are to be set off from the main body of the minutes and appropriately identified. Section 4. Policies and Pro rams. Periodically the Commission shall review the policies and programs of the City, relating to historic preservation and make such recommendations to the City Council as are deemed appropriate. 3 Section 5. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Commission by the City Council. The Commission shall initiate the consideration of such items at the next regular meeting following receipt and shall notify Council of its disposition. Section 6. Attendance at Council Meetings. The Commission Chairperson or designated representatives are to be in attendance at all City Council meetings including informal sessions, at which matters pertaining to the domain of the Commission's responsibilities are to be discussed or actions taken. The Commission Chairperson is to receive Council agenda prior to each Council meeting and is to be otherwise notified of meetings involving Commission business. Section 7. Annual Report. An annual report, detailing the activities of the Commission, shall be prepared by the Chairperson, approved by the Commission, and submitted to the City Council. ARTICLE V. AMENDMENTS Section 1. These by-laws may be altered, amended or repealed and new by-laws may be adopted by the members at any regular meeting or at any special meeting called for that purpose. 14-4C-2 fixtures, signs and other appurtenant fix- tures. HISTORIC DISTRICT: An area that con- tains contiguous pieces of property under diverse ownership which: A. Are significant to American history, ar- chitecture, archaeology and culture or Iowa City history, architecture, ar- chaeology and culture; or B. Possess integrity of location, design, setting, materials and workership; or C. Are associated with events that have made a significant contribution to the broad patterns of our history; or D. Are associated with the lives of per- sons significant in our past; or E. Embody the distinctive characteristics of a type, period, method of construc- tion; represent the work of a master; possess high artistic values; represent a significant and distinguishable entity whose components may lack individu- al distinction; or F. Have yielded or may be likely to yield information important in prehistory or history. HISTORIC LANDMARK: Any building, structure, object, archaeological site, area of land or element of landscape architecture with significance, importance or value con- sistent with the criteria contained in subsec- tions A through F of the definition of "histor- ic district" contained in this Article, which has been designated as an historic land- mark by the Iowa City City Council pursuant to this Article. 1. See Chapter 5, Article A of this Title. 2. See Chapter 6, Article O of this Title. 3. See Chapter 5, Article G of this Title. 4. See Title 7, Chapter 1 of the City Code. 14-4C-3 PROPERTY OWNER: An individual or group of individuals, corporation, partner- ship, association or in any entity, including State and local governments and agencies, which own real estate. REGULATED PERMIT: A permit issued by the Building Official or other official of the City, according to the provisions of the Uniform Building Code', Sign Regulations 4 House Movers' Ordinance' or Fire Code, all as amended. (Ord. 95-3691, 9-12-1995) 14-4C-3: HISTORIC PRESERVATION COMMISSION: A. An Iowa City Historic Preservation Commission is hereby reestablished and the current members thereof are hereby authorized and directed to fulfill their existing terms and direc- tives consistent with this Article. The Commission shall consist of seven (7) members who shall be residents of the City. (Ord. 95-3691, 9-12-1995) B. Members of the Commission shall be appointed by the City Council. At least one resident of each designated his- toric district 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, archaeology, law, sociology or other closely related field, or shall demon- strate interest in the area of historic preservation. At least four (4) of the members shall hold appointments at large. Should the number of officially designated City historic districts ex- ceed three (3) in number, a new mem- ber shall be added to the Commission Iowa City 296 14-4C-3 14-4C-5 for each new district in excess of three (3) districts. The new member shall be appointed by the City Council as soon as practicable after the offi- cial designation of the historic district triggering the operation of the preced- ing clause. (Ord. 95-3695, 10-24-1995) C. Members shall serve three (3) year terms. (Ord. 95-3691, 9-12-1995) D. Vacancies occurring in the Commis- sion shall be filled by appointment by the City Council in accordance with the bylaws of the Commission. (Ord. 95-3695, 10-24-1995) E. Members may serve for more than one term and each member shall serve until the appointment of a suc- cessor. F. Members shall serve without compen- sation except for any expenses deemed reasonable and budgeted by the City Council. G. A simple majority of the Commission shall constitute a quorum for the transaction of business. (Ord. 95-3691, 9-12-1995) 14-4C-4: 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 -chair- person may serve for more than one term. The chairperson shall preside over the Commission and 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 certifi- cates of appropriateness, resolutions, proceedings, and actions of the His- toric Preservation Commission. C. The Commission shall recommend rules or bylaws for the transaction of its regular business to the City Coun- cil for adoption. The Commission shall have the authority to adopt rules of procedure in connection with the ap- proval 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 ac- tions. The vote or failure to vote of each member shall be recorded. The concurring affirmative vote of a majori- ty of those members present shall be sufficient for a certificate of appropri- ateness 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 City Council as it deems necessary to carry out the principles of this Article. (Ord. 95-3691, 9-12-1995) 14-4C-5: POWERS OF THE COMMIS- SION: A. The Commission shall be authorized to conduct studies for the identifica- tion and designation of "conservation districts", "historic districts" and "his- toric landmarks" meeting the defini- tions established by this Article. The 296 Iowa City 14-4C-5 Commission may proceed at its own initiative or upon a petition from any person, group or association. Any request from a person, group or association to designate a conserva- tion district, historic landmark or his- toric district shall be commenced by submitting to the Commission a nomi- nation on a form furnished by the Commission. B. The Commission shall make a recom- mendation to the office of the State Historical Society of Iowa for the list- ing of an historical district or site or historic landmark in the National Reg- ister of Historic Places and shall con- duct a public hearing thereon. C. The Commission shall review and act upon all applications for certificates of appropriateness, pursuant to Section 14-4C-7 of this Article. D. The Commission shall cooperate with property owners and City agencies pursuant to the provisions of Section 14-4C-8 of this Article. E. 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 struc- tures with historical, architectural or cultural value, and by encouraging persons and organizations to become involved in preservation activities. F. The Commission shall not obligate itself or the City in any financial un- dertaking unless authorized to do so 14-4C-6 by the City Council. (Ord. 95-3691, 9-12-95) 14-4C-6: PROCEDURES FOR THE DES- IGNATION OF CONSERVA- TION DISTRICTS, HISTORIC DISTRICTS AND HISTORIC LANDMARKS: A. Report Required: 1. The Commission must make a report to the Plan and Zoning Com- mission recommending that an area be designated a conservation district, an historic district or an historic land- mark. Before any report or recommen- dation is submitted, the Commission shall hold a public hearing on any proposal to designate an area as a conservation district, an historic dis- trict or an historic landmark. The Com- mission shall give notice of the time, date, place and subject matter of such hearing at least seven (7) days prior to the hearing. Such notice shall be served by ordinary mail addressed to each property owner of land included within such proposed district at the owner's last known address. If the address of any property owner is unknown, such notice shall be served by ordinary mail addressed to the "owner" at the street address of the property in question. The City Clerk shall file an affidavit of mailing setting forth the date of mailing and the names and addresses of all property owners notified pursuant to this Sec- tion. After the public hearing, the Commission shall submit its report to the Plan and Zoning Commission and shall include a proposed ordinance establishing such district and describ- ing the boundary thereof. 1095 Iowa City ORDINANCE NO. 82-3098 AN ORDINANCE ESTABLISHING AN HISTORIC PRESERVATION COMMISSION FOR THE CITY OF IOWA CITY, IOWA, AND PROVIDING FOR THE ESTABLISHMENT OF HISTORIC PRESERVATION 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 of the public through the protection, enhancement, and perpetuation of districts of historic and cultural significance located in the City of Iowa City. B. Safeguard the City's historic, aesthetic, and cultural heritage by preserving districts of historical, architectural, and cultural 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. Protect and enhance the City's attractions to tourists and visitors and the support and stimulus to business thereby provided. F. Strengthen the economy of the City, and G. Promote the use of districts of historic and cultural significance as sites for the education, pleasure and welfare of the people of the City. 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. D. CHANGE IN APPEARANCE. Any change or alteration of the exterior features of a building or change or alteration of the appearance of a 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 o7-12/ 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. �R-7— r Ordinance No.82-3C 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 Ordinance No. 82-36vd 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 its own initiative or upon a petition from any person, group or association. 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. 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 �� / r Ordinance No. 82-3L)�,j 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. D. 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 o.rdinance 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 regulated permit 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. 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 �a � I Ordinance No. 82-3b,o 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 established 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 of Interior's "Standards for Rehabilitation." 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. 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 Council's decision. Ordinance No. 82-3098 Page 7 H. 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 o�o� f Ordinance No. 82-'uj8 Page 8 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 deeded by a court of this state to be unconstitutional or invalid, 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. T )2*0 t Tec-y-rd— DATIDPERRET, MAYOR PRO TEM FA , IAN K, KARR, DEPUTY ICITY CLEW 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 ERDAHL x_ LYNCH ---X_ MCDONALD x NEUHAUSER x PERRET First consideration 11/23/82 Vote for passage: yes: euhauser, Perret, Balmer, Dickson, Erdahl, Lynch. Nays: McDonald. Absent: None. Second consideration 12/13/82 Vote for passage: Ayes: Dickson, Erdahl, Lynch, Neuhauser, Perret, Balmer. Nays: McDonald. Absent: None. Date published December 29, 1982 Received & Approve -- BY The Legal Depa ent