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HomeMy WebLinkAbout1150 Ord (Heritage Preservation Regulations regarding HPC, Design Permit, Site Alteration Permit, Downtown Design Review District Overlay and Neighborhood Conservation District Overlay, Definitions, and repealing Building Demolition)ORDINANCE NO. 1150 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE RELATED TO HERITAGE PRESERVATION REGULATIONS REPEALING AND REPLACING THE STILLWATER CITY CODE SECTIONS 22-7 HERITAGE PRESERVATION COMMISSION, SECTION 31-209 DESIGN PERMIT, AND SECTION 31- 215 SITE ALTERATION PERMIT, ENACTING SECTIONS 31-404 DOWNTOWN DESIGN REVIEW DISTRICT OVERLAY AND 31-405 NEIGHBORHOOD CONSERVATION DISTRICT OVERLAY, AMENDING SECTION 31-101 DEFINITIONS, AND REPEALING CHAPTER 34 BUILDING DEMOLITION The City Council of Stillwater does ordain: SECTION 1. Stillwater City Code Section 22-7, Heritage Preservation Commission is hereby repealed and replaced as follows: Sec. 22-7. - Heritage preservation commission. Subd. 1. Commission established. City of Stillwater Ordinance #506 established the Stillwater Heritage Preservation Commission in 1973. Subd. 2. Declaration of public policy and purpose. The city council declares that the preservation, protection, perpetuation and use of areas, lands, places, buildings, structures, districts or other objects having a special historical, community or aesthetic interest or value is a public necessity, and is required in the interest of the health, prosperity, safety and welfare of the community. The purposes of the heritage preservation commission are to: (a) Safeguard the city's heritage by preserving sites and structures that reflect elements of the city's cultural, social, economic, political, visual or architectural history; (b) Protect and enhance the city's appeal and attraction to residents, visitors and tourists and serve as a support and stimulus to business and industry; (c) Enhance the visual and aesthetic character, diversity and interest of the city; (d) Foster civic pride in the beauty and notable accomplishments of the past; and (e) Promote preservation and continued use of historic sites and structures for the education and general welfare of the city's residents. Subd. 3. Definitions. The following words, terms and phrases, when used in this section, shall have the definitions ascribed to them in this subdivision, except where the context clearly indicates a different meaning: 1 (a) Alter or alteration means to change the exterior of an existing building, structure, or site, including features that materially modify its historic appearance or construction. (b) Building, structure, or site of potential historic significance means a building, structure or site, or a portion of same, with a construction date of 50 or more years ago. (c) Character defining features. The particular materials, ornamentation and architectural features that together define the historic character of the building, site, or district. (d) Commission means the heritage preservation commission of the City of Stillwater. (e) Contributing means a designation applied to a building, structure or site that adds to the overall character and significance of an historic district due to its historical, cultural, architectural, archaeological, or engineering significance and its compatibility with other buildings, structures and sites within a historic district. A contributing structure has intact major character defining features and although minor alterations may have occurred they are generally reversible. Historic materials may have been covered over but evidence indicates they are intact. (f) Demolition means any act or process that destroys in part or in whole. (g) Demolition by neglect means the long-term neglect of a building, site or structure that contributes to a level of dilapidation so severe that rehabilitation of the building, site or structure may no longer be a viable option. (h) Design permit means the written approval of a permit application for proposed alterations to a heritage preservation site or a contributing building, structure or site within a historic district, based on findings that the work is appropriate and does not adversely affect the heritage preservation site. Heirloom home means a house that has good historical physical integrity and represents one of the architectural styles of the late nineteenth century or the first half of the twentieth century. Heritage preservation site means any areas, lands, places, buildings, structures, districts or other objects that has been duly designated a local heritage preservation site by the city council because of its historical, cultural, architectural, archaeological or engineering significance, pursuant to subdivision 5(2) of this section. (k) Historic context means a summary document created for planning purposes that groups information about historical properties based on a shared theme, specific time period and geographical area. (i) (j) (1) (m) Historic district means a collection of all contributing and non- contributing properties within a defined area designated as a historic district by the city council because of its historical, cultural, architectural, archaeological or engineering significance. A historic district is a type of heritage preservation site, subject to all heritage preservation site regulations, and may contain independently designated heritage preservation sites. Historic resource means any building or structure that is not currently designated as a heritage preservation site, but which may be worthy of such designation because of its historical, cultural, architectural, archaeological or engineering significance. (n) Integrity means a site's ability to convey its significance through retention of the physical aspects of location, design, setting, materials, workmanship, feeling, and association. (o) Inventory means the City's listing of locally designated heritage preservation sites and districts, including contributing properties within a district. (p) (q) Landmark site means a site that is among the most historically and architecturally significant properties in Stillwater. A landmark retains its architectural integrity and has a strong connection to the history of the city. Non-contributing means a designation applied to a building, structure or site that does not have architectural or historic significance, and does not add to the overall character and significance of an historic district, due to a lack of architectural or historical integrity or its incompatibility with other buildings, structures and sites. Non-contributing buildings can include, but not be limited to, those with incompatible additions or exterior alterations, have lost original integrity, or are outside a district's period of significance. (r) Period of significance means the span of time that properties attain the character defining features that qualify them for designation. (s) Significance means the importance of a heritage preservation site, historic district, or historic resource. (t) Staff means designated Community Development Department staff liaison to the heritage preservation commission or designee. (u) Survey means a systematic examination of an area designed to gather information about historic properties sufficient to evaluate them against predetermined criteria of significance within specific historic contexts. Subd. 4. Powers and duties of the commission. The commission shall have the following powers and duties, in addition to those otherwise specified in this section: 3 (a) Survey. The commission shall survey all areas, lands, places, buildings, structures, districts or other objects in the city which the commission, on the basis of information available or presented to it, has reason to believe are significant to the city's culture, social, economic, religious, political or architectural history. Surveys are intended to identify potential sites and districts that have the potential for local designation as a heritage preservation site. The city clerk's office is designated as the repository. (b) Designation. The commission shall recommend to the City Council areas, lands, places, buildings, structures, districts or other objects to be considered for designation as a local heritage preservation site or district. The commission shall also recommend to the City Council any city - initiated nominations to the National Register of Historic Places. (c) Recognition. The commission shall maintain a listing of recognized historical properties that constitutes the Heirloom Homes and Landmark Sites program. The commission shall review and approve or deny applications submitted by property owners to participate in the Heirloom Homes and Landmark Sites program, as outlined in City Code Section 22- 7 Subd. 6. (d) Review of permits. In order to protect the architectural and historic character of designated local heritage preservation sites, the commission shall conduct review of applications for demolition, as outlined in City Code Section 31-215, and design permits and approve, approve with conditions, or deny the issuance of design permits. The commission shall also protect the unique character of Stillwater's downtown and residential neighborhoods through the review and approval or denial of: (1) Demolition permits required in City Code Section 31-215 (2) Design permits for required projects in the following: (i) (ii) Downtown design review overlay district Neighborhood conservation overlay district (e) Advocacy. The commission shall continually survey all areas to determine needed and desirable improvements of older buildings throughout the city, acting in a resource and advisory capacity to owners of historically significant sites regarding their preservation, restoration and rehabilitation. (f) Recommendations. The commission may request the City Council: (1) Acquire by purchase, gift, or bequest, of a fee or lesser interest, including preservation restrictions, in designated properties and adjacent or associated lands which are important for the preservation and use of the designated properties. (2) Use the City Council's power of eminent domain to maintain or preserve designated properties, properties eligible for designation, Subd. 5. and adjacent or associated lands be acquired by gift, negotiation or by eminent domain as provided for in Minn. Stat. Ch. 117. (g) Public education. The commission strive to develop programming for the continuing education of the city's residents with respect to the city's cultural, architectural, archaeological, and engineering heritage. The commission shall share the history of Stillwater, including its individual sites and neighborhoods, through a broad variety of mediums. (h) Record keeping. The commission shall keep current a public inventory of locally designated heritage preservation sites and districts, including contributing sites within districts. The commission may on a continuing basis collect and review certain city planning and development records, documents, studies, models, maps, plans and drawings to be entered into the public library historical archives as a permanent record of city history and development. Annual reporting. An annual report shall be prepared by October 31st of each year as required in accordance with Minnesota Statues 471.193, subd. 6 for submission to the State Historic Preservation Office and shall file a copy with the city clerk for distribution to the City Council. Designation of heritage preservation sites. Heritage preservation sites shall be designated as follows: (1) Nomination. The nomination of a heritage preservation site, which may include areas, lands, places, buildings, structures, districts or other objects at least 50 years old or older, shall be made to the commission on a nomination application form and include all supporting documentation. The nomination of a heritage preservation site shall be submitted by one or more of the following: (a) A member of the heritage preservation commission. (b) A member of the city council. (c) The HPC staff liaison. (d) Any person with a legal or equitable interest in the subject property. (2) Criteria for heritage preservation site designation. In considering the designation of heritage preservation sites, the commission shall determine the request meet one or more criteria in each of the following subsections: (a) Historical physical integrity. One or more of these criteria establishes historical physical integrity due to: (i) Retaining original character defining features, materials, and character. (i) 5 (ii) Maintaining original location or same historic context after having been moved. (iii) The structure has been accurately reconstructed or restored based on historical documentation. (b) Historical significance. One or more of the following criteria establishes historical significance: (i) The character, interest or value as part of the development, heritage or cultural characteristics of the neighborhood, city, county, state, or nation. (ii) The location as a site of a significant historic event for the neighborhood, city, county, state, or nation. (iii) The identification with a person or persons who significantly contributed to the city's culture and development. (iv) The identification with or embodiment of distinguishing characteristics of an historic context, architectural style, period, form or treatment associated with the neighborhood, city, county, state, or nation. (v) The identification as work of an architect or master builder whose individual work has influenced the city's development. (vi) The embodiment of elements of architectural design, detail, materials or craftsmanship that represent a significant architectural innovation for the neighborhood, city, county, state, or nation. (vii) The unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, community or the city. Criteria for designation as a historic district. A district shall be eligible for designation if it constitutes a geographically definable area, which contains two or more areas, places, buildings, structures, lands, or other objects, or a combination thereof which: (a) A majority of the areas, places, buildings, structures, lands, or other objects, collectively, contribute to special character or special historical or cultural interest of value of the district; (b) Represent one or more periods or styles of architecture typical of one or more periods of significance of the city, county, state or nation; and (c) Cause such an area, by reason of such factors, to constitute a visually distinctive section of the city. (4) Communications with Minnesota State Historic Preservation Office. A copy of the commission's proposed designation of a heritage preservation site, including boundaries, shall be sent to the State Historic Preservation Office. (5) Planning commission review. All applications for the designation of a heritage preservation site shall be submitted to the planning commission for its recommendation with respect to the relationship of the proposed heritage preservation designation to the comprehensive plan, the effect of the proposed designation upon the surrounding neighborhood and any other planning considerations that may be relevant to the proposed designation. The planning commission shall offer its recommendation of approval, denial or modification of the proposed designation to the commission. (6) Hearings. Following receipt of the recommendation from the planning commission, the heritage preservation commission shall hold a public hearing on the application. Notice of the public hearing shall be published in the city's official legal newspaper at least 10 days prior to the date of the hearing, sent to all owners of the property proposed to be designated a historic preservation site, and sent to all property owners within 350 feet of the property lines of the area to be designated. (7) Findings and recommendations. The commission shall determine if the proposed heritage preservation site is eligible for heritage preservation as determined by the criteria specified in Subd. 5 (3) and (4) of this section, and make a recommendation to the city council. (8) City council designation. The city council shall consider the application and may by resolution approve the designation as a heritage preservation site. In the event the proposed designation, including contributing status of a property in a proposed historic district, is not supported by the property owner, the City Council designation shall require a supermajority vote. (9) Stillwater Inventory additions. Following any City Council designation of a heritage preservation site or district, the commission shall update the Stillwater Inventory. The city clerk's office is designated as the repository for at least one copy of all studies, reports, recommendations and programs required under this section. (10)Recording of heritage preservation sites. The resolution designating the heritage preservation site shall be recorded against the property with the county recorder or registered with the registrar of titles and kept on file with the building official. (11)Stillwater inventory removals. In the event any heritage preservation site or district is no longer deemed appropriate for local designation, the commission or property owner may initiate removal of the site or district from the Stillwater Inventory by the same procedure and criteria for establishing the designation, except a supermajority vote of the City Council is required to remove a heritage preservation site designation. Subd. 6. Recognition of Heirloom Homes and Landmark Sites. The commission may adopt a policy, subject to approval by the city council, which lists the structures of historical or architectural integrity that have been recognized as Heirloom Homes or Landmark Sites, to which the commission may add to from time to time, in order to recognize and encourage the protection, enhancement, and use of such structures. Nothing in this section shall be constructed to impose any additional regulations or controls upon Heirloom Homes and Landmark Sites included on this list. (1) Nomination. An application for recognition as an Heirloom Home or Landmark Site may be submitted by the property owner or, with the property owner's permission, any other person or organization, including the heritage preservation commission. (2) Criteria for recognition. The commission shall consider applications to recognize a structure as an Heirloom Home or Landmark Sites if the structure is of historical or architectural integrity. (a) Heirloom Homes represent a variety of house styles, large and small, representative of nineteenth century Stillwater. They retain a fair amount of their original design elements such as siding, windows, doors and porches and may possess potential for local designation. (b) Landmark Sites are the finest old houses and the most remarkable sites in Stillwater. They have architectural integrity and a strong connection to the history of Stillwater. Landmark Sites may be eligible for or already listed in the National Register of Historic Places and possess potential for designation as a heritage preservation site. Subd. 7. Review of design permits for alterations to heritage preservation sites. Requirements for design permits, using the procedure set forth in Zoning, Chapter 31, Sec. 31-209, are as follows: (1) Heritage preservation sites. Prior to the issuance of other applicable city permits and licenses, the commission shall review and approve or deny the issuance of a design permit for any of the following types of alterations to a heritage preservation site that involve: (a) Remodeling, alteration or repair that will change the exterior appearance of a heritage preservation site. (b) New construction. (c) Signs. (d) Moving of buildings. 8 (2) Administrative review. To expedite the review process, the following types of applications and plans for minor alterations may be approved by the Community Development Department when the work is in substantial conformance with the criteria identified herein. (3) (a) Interior work affecting only the interior of a structure (such as plumbing, insulation, flooring, finishes, etc.) (b) Minor alterations in keeping with the integrity of the site and do not impact the overall architecture character including: (i) Ordinary and routine maintenance not exceeding $10,000 (ii) Siding similar to the existing materials, finish and form (iii) Replacement of windows with same form including pane arrangement, materials and finish (iv) Replacement of roofing materials (v) Landscaping including fencing (vi) Installation of garbage or recycling enclosures (vii) Replacement of awnings (c) Emergency repair. In emergencies where immediate repair is needed to protect the life, health or safety of the structure and its inhabitants, the building official, in consultation with the HPC staff liaison, may approve the repair to the extent necessary to protect life, health or safety without prior commission action. Additional work shall require a design permit. In the case of a design permit issued under this subdivision or any emergency repair affecting a heritage preservation site, the building official shall immediately notify the commission of its action and specify the facts or conditions constituting the emergency. Design permit standards for heritage preservation sites. All commission decisions with respect to ' design permits shall be in substantial accordance with the Secretary of Interior's General Standards and Guidelines for Rehabilitation. Subd. 8. Maintenance. Owners of National Register -listed structures and sites, heritage preservation sites, and buildings or structures of potential historic significance shall not allow their buildings to deteriorate by neglect (i.e. failing to provide ordinary maintenance or repair). Such conditions as broken windows, doors and openings which allow the elements and vermin to enter, the deterioration of exterior architectural features, or the deterioration of a building's structure system shall constitute failure to provide ordinary maintenance or repair. Subd. 9. Penalty for violation of section. An owner or occupant of any area, place, building, structure or other object within a duly designated heritage 9 preservation site who remodels, repairs, demolishes or moves a heritage preservation site in violation of this section shall be guilty of a misdemeanor. Each such day is a separate violation, and it shall be punishable as such. The imposition of the penalties prescribed shall not prevent the city from instituting civil actions allowed by law, such as but not limited to abatement or administrative citations. SECTION 2. Stillwater City Code Section 31-101 Definitions is hereby amended by adding the following: Building, structure, or site of potential historic significance means a building, structure or site, or a portion of same, with a construction date of 50 or more years ago. Character defining features. The particular materials, ornamentation and architectural features that together define the historic character of the building, site, or district. Demolition means any act or process that destroys in part or in whole. Demolition by neglect means the long-term neglect of a building, site or structure that contributes to a level of dilapidation so severe that rehabilitation of the building, site or structure may no longer be a viable option. Heritage preservation site means any areas, lands, places, buildings, structures, districts or other objects that has been duly designated a local heritage preservation site by the city council because of its historical, cultural, architectural, archaeological or engineering significance, pursuant to subdivision 5(2) of this section. Historic context means a summary document created for planning purposes that groups information about historical properties based on a shared theme, specific time period and geographical area. Historic resource means any building or structure that is not currently designated as a heritage preservation site, but which may be worthy of such designation because of its historical, cultural, architectural, archaeological or engineering significance. Integrity means a site's ability to convey its significance through retention of the physical aspects of location, design, setting, materials, workmanship, feeling, and association. Significance means the importance of a heritage preservation site, historic district, or historic resource. SECTION 3. Stillwater City Code Section 31-209 Design Permit is hereby repealed and replaced as follows: Design permits shall require the following: 10 (1) Purpose. The purpose of the design permit procedure is to ensure that building and site development is designed to complement the character and integrity of Stillwater's traditional neighborhoods and commercial districts, including adjacent buildings, the streetscape, and the natural environment. General provisions. Requirement for approval of a design permit shall be established within Sec. 22-7 and the Downtown Design Review (DDR) and Neighborhood Conservation (NC) overlay zoning districts. Procedure. A design permit application is subject to the following procedure: (a) Submission of application. Applicant shall submit a complete design permit application accompanied by detailed plans including a site plan, building elevations and design details, application requirements established in adopted special design guidelines, and materials deemed necessary by the Community Development Department to evaluate the request. (b) Heritage preservation commission (HPC) review. The HPC shall consider the application at a hearing and approve, approve with conditions or deny the application. If the application involves a new dwelling house within the NC overlay district, the hearing shall be a public hearing. For all other applications, no public hearing is required. (4) Design permit standards. In making a determination whether to approve or deny an application for a design permit, the commission shall be guided by the following standards: (a) Proposed alterations to a heritage preservation site shall conform to the Secretary of the . Interior's Standards and Guidelines for Rehabilitation. (b) Proposed alterations shall conform to special design guidelines for areas or districts of the City officially adopted by the City Council. (c) Proposed alterations shall conform to the existing primary and secondary structure setbacks and neighborhood street rhythm. (d) The height, scale, mass and proportion of the proposed alterations, including facade openings and roof style, shall be compatible with the site and its surroundings. (e) Proposed alterations shall have four-sided detailing and materials. (f) The location, height and material of walls, fences, hedges, trees and screen plantings shall ensure compatibility with adjacent development and the environment and conceal areas, utility installations and other unsightly development. 11 (g) (5) (7) The appearance of the number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures shall be compatible with adjacent development. (h) The HPC may include conditions in its decisions that it deems reasonable and necessary to carry out the intent of this chapter and this section. Upon findings by the HPC that the application, subject to conditions as it deems necessary, will meet the above criteria, secure the purpose of this chapter, the comprehensive plan, and the heritage preservation ordinance, the HPC may approve the design permit. If findings are made that an application would violate the criteria of a design permit, the HPC must deny the application. Findings required and criteria. The HPC shall make findings that the application meets each of the following criteria in order to approve a design permit: (a) The proposed building alteration or new construction, including its appurtenances, does not materially impair the architectural or historic integrity of the building and site, adjacent buildings and sites, or the neighborhood as a whole. (b) If located in a historic district, the proposed building or site alteration or new construction is compatible with, and will ensure continued significance and integrity of all properties within the historic district based on the period(s) of significance under which the district was designated. (c) Granting the design permit will be in keeping with the spirit and intent of this chapter and does not negatively alter the essential character and significance of the building, site, and its surroundings. (6) Appeals. The design permit applicant or any party aggrieved by the Community Development Department's or HPC's decision shall have a right to appeal such order and decision to the City Council as follows: (a) Filing. Appeals from a decision of the Community Development Department or HPC shall be made in writing and shall state the reasons for the appeal. The appeal, accompanied by the appropriate fee, must be received by the city clerk not later than ten calendar days following the date of action from which the appeal is being taken, unless otherwise specified in this Section 31-217. (b) Stay, pending appeal. The receipt of a written appeal will stay all action and approvals or permits which may have been granted, pending the decision of the City Council. Modifications to design permits. Modification of design permits shall be as follows: 12 (a) Minor modifications. The Community Development Department may administratively approve modifications to conditions imposed on any design permit, at the request of the design permit holder, where evidence has been submitted by the design permit holder that the requested modification: (i) Is substantially similar to the approved design permit; and (ii) Will not significantly alter the design permit; and (iii) Is made because of changed circumstances. (b) Major modifications. The Community Development Department must refer major modifications to any design permit to the HPC. A modification is considered to be major when it constitutes a significant revision to a permit including but not be limited to setback and rhythm, height, scale/mass and proportion, detailing and materials, or appropriate screening. SECTION 4. Stillwater City Code Chapter 31-215 relating to Site Alteration Permits is hereby repealed and replaced as follows: Sec. 31-215 Building Demolition Permit Subd. 1. Purpose. To aid the City in achieving goals focused on community sustainability, protection of affordable housing, and the preservation of the community character of Stillwater's residential neighborhoods, the unnecessary demolition of National Register -designated structures and sites, Heritage Preservation Sites and buildings or structures of potential historic significance built prior to January 1, 1946 is generally prohibited. Whenever feasible, National Register -listed structures and sites, heritage preservation sites, and pre-1946 buildings or structures of potential historic significance shall be preserved and repaired, rather than demolished, except as otherwise allowed under this subsection. Subd. 2. Demolition Permit required. Any property that is a National Register -listed structure or sites, Heritage Preservation Site, or pre-1946 building or structure of potential historic significance must obtain a demolition permit prior to demolition. Demolition permit applications may only be submitted by the property owner or the City when said property has been neglected and in disrepair. Subd. 3. Inspections required. The owner shall allow access to the subject property by appropriate city Staff for: (1) A mandatory pre -demolition permit application inspection; and (2) The purpose of inspections and/or appraisals required city as part of its review of a demolition permit application. 13 Subd. 4. Demolition permit submission requirements. The applicant shall submit a demolition permit application and documentation regarding: (1) Architectural plans, elevations and/or renderings depicting the proposed demolition and site redevelopment's conformance to applicable overlay guidelines; (2) A cost comparison of the rehabilitation of the existing building or structure of potential historical significance and demolition and redevelopment of the site, including demolition and disposal costs; (3) Historic, if any, and current photographs of the elevations, exterior architectural features, and structural members; and (4) Photographs of the adjacent buildings or structures, or setting. Subd. 5. Review authority. Demolition permits shall be reviewed by the City upon submittal of a complete demolition permit application. To aid the City in its review of demolition, the City may engage properly licensed architects, engineers, historic preservation specialist, and/or real estate appraisers to investigate and prepare: (1) A written report on the significance of the building, site or structure and its ability to reasonably meet the National, state or local criteria for designation as a heritage preservation site; the age and overall integrity of the building, site or structure, including its significant features, unusual or uncommon design, texture, and/or material; and the relative importance of the building, site or structure in the context of the block where such building or structure is located (Historical Report); and (2) A written report upon the existing condition and feasibility of preservation of the heritage preservation site proposed for total demolition (Conditions Report). Said Conditions Report shall include an estimate of the reasonable cost of all work required to preserve, rehabilitate, or restore the historic building or structure; and (3) A written report upon the County's ten-year appraised value and/or existing market value of the relevant heritage preservation site (Appraisal Report), for the purposes of comparing this value against the cost estimate contained within the Conditiqns Report. Subd. 6. Staff review and report development. Upon submission of a complete demolition permit application, City staff or its consultants will prepare and compile the necessary Appraisal, Conditions and/or Historical Reports. Subd. 7. Heritage Preservation Commission review. The Heritage Preservation Commission (HPC) will consider all demolition permit applications in a public hearing. (1) Requests for demolition of a National Register -listed structures or sites or a Heritage Preservation Sites shall be reviewed by the HPC who will make recommendation of permit approval or denial to the City Council. 14 (2) Request for demolition of pre-1946 buildings or structures of potential historic significance shall be reviewed by the HPC. (3) The HPC will consider the following review criteria prior to making its decision: (a) The structural integrity of the building, site or structure proposed for demolition and evidence of the owner's efforts to properly maintain it; (b) The ability of the building, site or structure to be reused onsite in a reasonably economical way; (c) The cost and economic feasibility of restoring the building, site or structure; (d) The ability of the building, site or structure to be practically moved to another site in the town; and (e) The site development proposal's conformance to the established district adopted guidelines and: (i) Any impact(s) that will occur to the visual character of the neighborhood where demolition is proposed to occur. (ii) Any impact(s) that will occur to the historic importance of the buildings, structures or objects located on the property and adjacent properties. (iii) Any impact that will occur to the architectural integrity of the buildings, structures or objects located on the property and adjacent properties. (4) Upon reviewing the reports and review criteria, the HPC will make a determination whether the demolition permit should be approved based on demolition permit approval findings found in Subd. 9. If the HPC denies the permit application, it will forward a recommendation of denial to the City Council. Subd. 8. City Council review. The City Council shall review the HPC recommendation, demolition permit application and all applicable reports and take action on the request. Approval or denial of the demolition permit shall be documented with findings based upon Subd. 9. Subd. 9. Findings. Prior to the approval of a demolition permit, the City must find: (1) Demolition of the resource has been evaluated against and, on balance, has been found supportive of the goals and policies of the Comprehensive Plan and relevant area plans, taking into account factors such as: the merits of proposed new development on the site, the merits of preserving the resource, and the area's desired character; and (2) Denial of a demolition permit would effectively deprive the owner of all reasonable use of the site. 15 (a) For investment or income -producing properties, the owner's inability to obtain a reasonable rate of return in the present condition or if rehabilitated under Design Permit criteria. (b) For non -income producing properties consistent of an owner -occupied single- or two-family dwelling and/or institutional use not solely operating for profit, the owner's inability to convert the property to a compatible and conforming use in its present condition or, if rehabilitated. (c) Noneconomic Reason: there is situation substantially inadequate to meet the applicant's needs because of specific health and/or safety issues. Subd. 10. Penalty for violation of section. An owner or occupant of building, site or structure subject to this section demolishes said structure, or a portion thereof, in violation of this section shall be guilty of a misdemeanor. Each such day is a separate violation, and it shall be punishable as such. The imposition of the penalties prescribed shall not prevent the city from instituting civil actions allowed by law, such as but not limited to abatement or administrative citations. SECTION 5. Stillwater City Code Section 31-404 Downtown Design Review District is hereby enacted as follows: The downtown design review overlay district shall be regulated as follows: (1) Purpose. The downtown design review overlay district is established to conserve and enhance downtown Stillwater's appearance, preserve its historical and architectural assets, protect and encourage areas of existing or potential scenic value, and assist property owners. It promotes working together effectively when new construction, renovation, and restoration are proposed. The purpose of the regulations is to ensure that building alterations emphasize the design and materials of the original building and remove inconsistent materials and features, that new construction maintains the scale and character of existing buildings and that downtown pedestrian quality is maintained and enhanced. (2) District boundaries. This section shall apply to all lands within the jurisdiction of the city of Stillwater, Minnesota as shown on the official zoning map and/or the attachments thereto as being located within the boundaries of the downtown design review overlay district. (3) Design permit required. A design permit is required for new construction and any alterations to existing structures/sites that have the potential to alter the architectural integrity of that structure/site. (a) Heritage preservation commission review. Prior to the issuance of other applicable city permits and licenses, the heritage preservation commission shall review and approve or deny the issuance of a design permit for any of the following uses and development types: 16 (i) Residential structures including single- and two-family dwellings. (ii) Commercial, office, institutional, and industrial structures, including land not involving buildings (e.g. outside storage, loading, or utility areas). (iii) Accessory structures and uses. (iv) Any structure for which a variance has been requested. (v) All signs requiring a sign permit. (vi) Any projects where the applicant is a public agency over which the city exercises land use controls. (vii) Parking lots of five or more spaces. (viii) Any planned unit development or subdivision. (b) Administrative review. To expedite the review process, the following types of applications and plans for minor alterations may be approved by the Community Development Department when the work is in substantial conformance with the criteria identified herein. (i) Interior work affecting only the interior of a structure (such as plumbing, insulation, flooring, finishes, etc.) (ii) Minor alterations in keeping with the integrity of the site and do not impact the overall architecture character including: 1) Ordinary and routine maintenance not exceeding $10,000 2) Siding similar to the existing materials, finish and form 3) Replacement of windows with same form including pane arrangement, materials and finish 4) Replacement of roofing materials 5) Landscaping including fencing 6) Installation of garbage or recycling enclosures 7) Replacement of awnings (4) Design standards. The following shall apply: (a) Main Street setbacks. (i) Front yard setback. For infill lots fronting on Main Street, the front yard setback shall be zero. Exceptions are allowed if it is designed as an expansion of the public pedestrian environment and generally aligns with the setbacks of adjacent buildings. (ii) Side yard setback. For lots fronting on Main Street, the side yard setbacks shall be zero. Exceptions are allowed if it is designed as a public pedestrian way and generally aligns with adjacent street design and form. (b) Facade transparency. (i) At street level, a minimum of 60% of the street facing facades) shall be transparent; side and rear facades shall be 30% transparent. (ii) Reflective glass, mirrored glass, and heavily tinted glass shall be prohibited. (c) Prohibited building exterior materials. Building exteriors shall not utilize exposed or painted concrete masonry units. (d) Lighting. (i) Lighting fixtures shall be concealed or integrated into the overall design of the site; (ii) Light sources shall be hidden from direct pedestrian and motorist view; and (iii) Unshielded wall pack light fixtures shall be prohibited. (e) Signs. (i) Only one sign containing the business name or graphic logo shall be permitted per street- facing side. Projecting signs are not considered to face the street. 1) A window sign, not requiring a sign permit, may be used in addition to other sign types. (ii) Signs shall be located in such a way as to not obscure any architectural features of the building. (iii) Neon signs shall only be permitted as interior window signs. (iv) The following materials or sign types shall be prohibited: 1) Backlit and internally lit signs. 2) Signs with changeable or movable letters or graphics. (5) Design guidelines. The city's review of any proposed new construction or alteration shall also be subject to any design guidelines specific to the downtown design review district that have been officially adopted by the City Council. SECTION 6. Stillwater City Code Section 31-405 Neighborhood Conservation District overlay is hereby enacted as follows: The neighborhood conservation overlay district shall be regulated as follows: 18 (1) Purpose. The neighborhood conservation overlay district is established to protect and preserve the unique character of Stillwater's residential neighborhoods by regulating new infill development and partial demolition within the district. Its purpose is to conserve traditional neighborhood character, guide future infill and partial demolition development within the district, and discourage unnecessary demolition of structures that contribute to the district's historic character. It also preserves neighborhood pride, property values, a diverse and affordable range of homes, and the general economic vitality of the neighborhood. (2) District boundaries. This section shall apply to all lands within the jurisdiction of the city of Stillwater, Minnesota shown on the official zoning map and/or the attachments thereto as being located within the boundaries of the neighborhood conservation overlay district. (3) Design permit required. A design permit is required for the following uses and development types: (a) The construction of a new dwelling on a vacant lot (b) The demolition of a pre-1946 building or structure that is of potential historic significance and demolition is: (i) greater than twenty percent (20%) of all external walls of a building or structure, measured based upon their total surface area, when such walls are visible from a street, public way or the St. Croix River except when removal is for the construction of a front porch; or (ii) greater than 30% of total exterior is demolished regardless of the visibility of such walls from a street, public way or the St. Croix River. (4) Design guidelines. The city's review of any proposed new construction or alteration shall also be subject to any design guidelines specific to the neighborhood conservation district that have been officially adopted by the City Council. SECTION 7. Stillwater City Code Chapter 34 Building Demolition is hereby repealed. SECTION 8. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance updated the City of Stillwater's preservation related ordinances, include design and demolition permitting. In addition it establishes preservation - based zoning overlay districts. 19 SECTION 9. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the Stillwater City Council this 15th day of September, 2020. ATTEST: Ted Kozlowski, Mayor 20 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON Diane Erickson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: Stillwater Gazette with the known office of issue being located in the county of: WASHINGTON with additional circulation in the counties of: WASHINGTON and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 09/18/2020 and the last insertion being on 09/18/2020. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: Designated Agent Subscribed and sworn to or affirmed before me on 09/18/2020 by Diane Erickson. Notary Public DARLENE MARIE MACPHERSON Notary Public Minnesota ,;„ *Commission Elpiresdaneary 39, 2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $40.00 per column inch CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 1150 AN ORDINANCE RELATED TO HERITAGE PRESERVATION REGULATIONS REPEALING AND REPLACING THE STILLWATER CITY CODE SECTIONS 22-7 HERITAGE PRESERVATION COMMISSION, SECTION 31-209 DESIGN PERMIT, AND SECTION 31-215 SITE ALTERATION PERMIT, ENACTING SECTIONS 31-404 DOWNTOWN DESIGN REVIEW DISTRICT OVERLAY AND 31-405 NEIGHBORHOOD CONSERVATION DISTRICT OVERLAY, AMENDING SECTION 31-101 DEFINITIONS, AND REPEALING CHAPTER 34 BUILDING DEMOLITION The City Council of the City of Stillwater does ordain: The ordinance updated the City of Stillwater's preservation related ordinances, include design and demolition permitting. In addition it establishes preserva- tion -based zoning overlay districts. Approved this 15th day of September, 2020 . Do not hesitate to contact the City Clerk's Office (651) 430-8802 if you have any questions or need further information. Signed: Beth Wolf, City Clerk Published in the Stillwater Gazette September 18, 2020 1076422 Ad ID 1076422