HomeMy WebLinkAbout14.B. Recommendation regarding Heritage Preservation Ord. and Heritage Preservation Comm.
/4,8
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Economic Development Advisory Committee
Paul Snook, Economic Development coordinator~
SUBJECT: Recommendation regarding Heritage Preservation Ordinance and
Heritage Preservation Commission
MTG DATE: March 16,2004
Introduction and Background
Per recommendation of the Economic Development Advisory Committee, the City
Council is asked to direct staff to develop a heritage preservation ordinance, which
includes a heritage preservation commission, to be presented (at a later date) to City
Council for adoption (See March 1, 2004 memo, attached).
At the March 1 st meeting, staff presented to the City Council a recommendation from the
Economic Development Advisory Committee to develop a heritage preservation
ordinance and heritage preservation commission. After discussion, City Council tabled
the item for the March 16th meeting and requested that heritage preservation professionals
provide more information at that meeting. Per City Council request, staff has arranged to
have Michael Koop, Historic Preservation Program Specialist with the Minnesota
Historical Society I State Historic Preservation Office, and John Gutteter, Executive
Director of the Scott County Historical Society, make a presentation at the March 16th
meeting.
Requested Action
After presentation by the Mr. Koop and Mr. Gutteter, per the Economic Development
Advisory Committee recommendation memo of March 1st, offer and pass a motion to
direct staff to:
a) Develop a Heritage Preservation Ordinance, which includes a heritage
preservation commission, and;
b) Present the ordinance to City Council for adoption.
cc HP Recommend 3-16-04 B.doc
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CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Economic Development Advisory Committee SE$
Paul Snook, Economic Development Coordinator
SUBJECT: Recommendation regarding Heritage Preservation Ordinance and
Heritage Preservation Commission
MTG DATE: March 1,2004
Introduction
Per recommendation of the Economic Development Advisory Committee, the City
Council is asked to direct staff to develop a heritage preservation ordinance, which
includes a heritage preservation commission, to be presented to City Council for
adoption.
At the February 17th City Council meeting Councilor Lehman requested that the
Economic Development Advisory Committee's recommendation regarding Heritage
Preservation, Ordinance and Heritage Preservation Commission be presented to City
Council at the March 1st meeting. The ED Advisory Committee arrived at its
. recommendation at their May 2003 meeting. The original intent of the ED Advisory
Committee was to present the recommendation to the City Council as the Council
undertook the citywide strategic planning effort, but since councilor Lehman requested it
sooner, it is being presented now.
Background
The Economic Development Advisory Committee bnanimously made recommendation to
the City Council to create and adopt a heritage preservation ordinance and establish a
heritage preservation commission. Should the Council act on this recommendation, the
initial work of the commission would be to attain Certified Local Government status in
\
order to access funds that would assist in conducting a comprehensive survey of historic
resources and other preservation activities.
The ED Advisory Committee has determined that heritage preservation is an important
part of the City's economic development program and that the City should have an
official process to identify, preserve, protect and enhance the distinctive historic and
architectural heritage of Shako pee representing elements of the City's cultural, social,
economic, political and architectural history. The process, in the form of a heritage
preservation ordinance that would include a heritage preservation commission, would
conserve and improve the value of properties designated as historic landmarks or located
within historic districts; enhance the attractiveness of the City to homeowners, visitors,
cc HP Recommend 4-2-04 B.doc
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tourists, and shoppers and, thereby, supporting business, commerce and industry in the
City and providing economic benefits to the City; foster civic pride in the
accomplishments of the past as manifested in properties, structures, improvements and
areas of historical and architectural significance within the City; and foster and encourage
the preservation, restoration and rehabilitation of properties, structures, improvements
and areas and, thereby, preventing deterioration, dilapidation and blight.
Discussion
As cities proceed to adopt heritage preservation ordinances, often there are questions and
misconceptions regarding heritage preservation. Exhibit A, informational Q & A 's from
the City of St. Paul and the National TrUst for Historic Preservation, answer some of
those questions.
The advisory committee's recommendation is based on Section 3 ofthe Economic
Development Strategic Plan, attached as Exhibit B. The recommendation is also
consistent with the 1999 Comprehensive Plan Update under Goal 5: Maintain and
Enhance ties to the City's Natural and Historic Assets, attached as Exhibit C. The
Council should also be aware that the January 2004 Comprehensive Plan Update
references the "encouragement and enhancement of the historic characteristics of
Downtown Shakopee; recommends that the City continue the application of the
Downtown Design Guidelines as the standard for architectural design for all new
development, redevelopment, and renovation within the downtown commercial core";
and that "the Downtown standards should reflect the historical architecture that the City
wishes to preserve". .
In addition, there has been interest among various individuals and groups in Shakopee
(including the Shakopee Heritage Society, and the Vision Shakopee D()wntoWl1
Partnership) to see the City have a fotmal process for heritage preserVation.
Enabling legislation for the establishment of local government heritage preservation
mprograms is found in Minnesota StatutesJ471.193, attached as Exhibit D. The National
Historic Preservation Act of 1966, as amended, created the National Preservation
Program based upon the federal-stafe-Iocal government partnership.
Examples of heritage preservation ordinances, from the Cities of Stillwater, and
Farmington, Minnesota are enclosed as Exhibit E.
CC HP Recommend 4.2-04 a.doc
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Staffing
Regarding staffing for local heritage preservation, typically this undertaking is staffed
through a city's planning dep~ent function since part of what an HPC and
preservation staff does, that is, review applications for permits to construct, change, alter,
modify, remodel, remove or significantly affect any designated historic landmark,
building or buildings in heritage districts, is similar to other planning review work.
In addition to review work, heritage preservation staff identifies, researches, and
recommends to the City Council structures and areas to be designated as heritage
preservation sites or districts; and recommend structures and districts to the City Council
for historical designation as part of the City's heritage that should be preserved.
There should be discussion among City Administrator and Planning and Economic
Development , staff regarding the best way to staff heritage preservation.
Funding
Regarding funding or a budget for such activity~ local municipal'heritage preservation
programs do not require a large outlay of funds since the main focus is to identify,
research, and recommend structures and areas to be designated as heritage preservation
sites or districts. As outlined above, HP programs also review proposed alterations to
designated properties, maintain a system for the survey and inventory of historic
properties, enforce appropriate state and local legislation for the designation and
protection ofhistoric properties, provide education about the importance of preservation,
encourage public participation in preservation programs, and promote heritage
preservation through awards and education projects. Funding(typically matching funds)
for local preservation programs such as surveys is.available through the Minnesota
Historical Society / State Historic Preservation Office in the form of State Grants-In-
Aid, Local Preservation Project Grants, and the Certified Local Government Program.
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Recommendation
The Economic Development Advisory Committee recommends that the City Council
direct staff to:
a) Develop a Heritage Preservation Ordinance, which includes a heritage
preservation commission, and;
b) Present the ordinance to City Council for adoption.
Note: Once the ordinance and commission are in place, the following activities would be priority
strategic actions of the new HPC; aJ Work with the Minnesota Historical Society, State Historic
Preservation Office (SHPO) to attain Certified Local Government (CLG) status. eLG status
qualifies a local government for state historic preservation grants and technical assistance (In
CC HP Recommend 4-2-04 B.doc
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order to become a CLG, a city must adopt a heritage preservation ordinance and create a
heritage preservation commission); b.) Conduct a comprehensive survey of historic resources
(finance survey in part with CLG grant funds),' and c.) Continue use of Downtown Design
Guidelines; update as needed; make the design guidelines part of the zoning ordinance for the B-
3 district (i.e., a Downtown Urban COlZServation Overlay District).
Requested Action
Offer and pass a motion to direct staffto:
c) Develop a Heritage Preservation Ordinance, which includes a heritage
. preservation commission, and;.
. . .
d) Present the ordinance to City Council for adoption.
_.-,..---------_.-
cc HP Recommend 4-2-04 B.doc
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Historic Designation in St. Paul:
Frequently Asked Questions
What is the Heritage Preservation Commission?
The S1. Paul Heritage Preservation Commission (HPC) was created in 1976. The
thirteen citizen board is charged with protecting the city's historic resources. The duties
of the HPC include evaluating the architectural and historical significance of buildings
and districts, recommending buildings and districts to the citY council for designation,
and reviewing proposed alterations to designated properties.
How many historic properties are there in St. Paul?
More than 60 individual properties and 5 historic districts have been locally designated
in S1. Paul. . Designated properties include a variety of types and styles including
houses, churches, warehouses, offices, commercial properties, and parks. Just two of
the city's historic districts - the Historic Hill District and the Dayton's Bluff District -
together include hundreds ofindividual properties. A total of approximately 2,500 sites
are already designated within S1. Paul.
What are the criteria for historic designation? .
The HPC considers the following criteria in determining whether an individual building or
district is worthy of historic designation: .
(1 ) The properties' character, interest or valueispart of the heritage or cultural
characteristics of the city of SL Paul, State of Minnesota, or the United States.
(2) The properties' location is the site of a significant historic event.
(3) The properties' are identifiable with a person or persons who significantly
contributed to the culture and development of the City of S1. Paul.
(4) The properties' exhibit a distinguished characteristic of an architectural or
engineering specimen.
(5) The properties' are identifiable as the work of an architect, engineer, or master
builder whose individual work has influenced the development of S1. Paul.
(6) The properties' embody elements of architectural or engineering design, detail, .
materials or craftsmanship which represents a significant architectural or
engineering innovation.
(7) The properties' unique location or physical characteristic is established and
familiar in the neighborhoods or communities of the City of St. Paul.
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My building is part of a local historic district. What does this mean?
Local historic district designation is a form of protection for historic properties. Through
designation, the city has determined that properties within the district have special
historical significance and.that your building is an important part of the city's heritage
worthy of protection from inappropriate changes or destruction.
If my building is located in a historic district do I need the Commission's approval
to make changes?
". Every building within an historic district is protected under the city's heritage
preservation ordil1ance. . If you want to make exterior alterations to your building (with
the exception of minor alterations mentioned below), you must obtain HPC approval
before beginning the work. Once the proposal is reviewed by the HPC and found to be
consistent with the character of the district you will be issued approval to proceed with
the work.
Are there any types of work that does not require HPC approval?
Yes. Generally, all interior changes and ordinary exterior repairs such as removing
small amounts of painted graffiti, do not require HPC approval. In addition, the HPC
staff may approve minor exterior alterations that are executed with the same type of
materials or methods. The HPC staff can tell you whether HPC approval is needed for
the type of work you are considering.
. Will historic district designation prevent alterations and new construction?
,..'-., ".",
No.. Historic designation.c:foesnot "freeze" 8.blJilding oranarea. The goal of
designation is not to preventchangei' but guide it. Alterations,.demoliti()J1. Clnd new
construction continueto take place, butthe t1PCmust first reviewthe proposed
changes for compatibility with the historic character of the district.
-., -.. - ~ ~
Why does the HPC review new construction on vacant lots?
The HPC reviews proposals for new construction to ensure that the new building or
structure is consistent with the scale and character of the historic district and will not
detract from the special qualities of surrounding buildings.
Can the HPC make me restore my building to the way it looked when built?
No. The HPC reviews proposed alterations. It cannot require you to restore your
building to its original appearance. For example, if at the time of designation your
building had a modern entrance, the HPC cannot make you restore the original
entrance. However, if you propose additional major changes to the entrance, the HPC
would review these for consistency with the historic character of the building.
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I want to sell my building within an historic district. Must I tell the Heritage
Preservation Commission?
No. You do not need to tell the HPC that you are selling your building. Historic district
designation places no restrictions on an owner's right to use or to sell his or her
property.
What is the difference between a National Register Historic District and a local
historic district?
The National Register of Historic Places is a list of buildings, sites, and districts of local,
state, or national importance. This program is administered by the National Park
Service through the Minnesota State Historic Preservation Office. Some of the city's
historic districts also are National register districts, although exact boundaries may
differ. Inclusion in what is solely a National Register District does not require HPC
review of proposed alterations. For more information on the National Register, contact
the State Historic Preservation Office at (651) 296 - 5434.
Are there federal or state tax benefits associated with local designation?
Locally designated properties generally are not eligible for historic preservation
rehabilitation tax credits unless the property also is listed in the National Register of
Historic Places or has been certified by the National Park Service as essentially
meeting National Register criteria.
What benefits are associated with local designation?
By pre~eryif1g .an.~re~'su.niqLJe. appearancEland h~ritClge, ..lq~t/;li~tori8.d~sJ~n~~iop. can
provide stability to an area and form a basis for economic development and attraction of
new business and residential. investment. In addition, local' designation allows the city
to review and approve requests for alternatives to full compliance with the building
code.
Where can I get more information?
The HPC office is located in the Office of License, Inspections and Environmental
Protection, 350 St. Peter Street - Suite 300. The HPC staff is happy to answer
questions you may have about historic preservation. Lists of locally designated
buildings are available upon request. HPC meetings and public hearings are held
monthly in St. Paul City Hall. The public is welcome to attend. The dates and times of
meetings are available by calling the HPC staff at (651) 266 - 9078.
St. P"aur Heritage Preservation Commission
Suite 300 Lowry Professional Building
350 St. Peter Street
St. Paul, Minnesota 55102 - 1510
Phone: (651) 266 - 9078
Fax: (651) 266 - 9099
August 2002 ,
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Preservation Myths, National Trust for Historic Preservation Page 1 of3
:
WHY PRESERVE? Wlty Preserve?
.._......n................................................................... What's the Truth About Preservation?
What Does 'Historic'
Mean, Anyway?
............................................................u......
CWhat's tile Truth
About Preservation? There's lots of "facts" around about what preservation is and does. .
............................................................... Unfortunately, some information is more accurate than others. The following list
Who Benefits from
Preservation .- and considers seven of the most cominon misperceptions.
How?
How Can I Help . Preservation is only for high-style buildings associated with
Preserve? famous dead rich people.
-
What a re Some . Preservation Is too expensive.
Examples? . If my house is listed on a historic register or located in a historic
- ,~- district, I lose all my property rights to the govemment.
How Can I Learn More? . If a place is listed on an historic register, it's safe from demolition.
-
Who Helps Near Me? . Preservation is bad for business.
...................................................................... . Old buildings aren't safe.
Where Can I See the
Ads? . Preservation only cares about the past.
Myth: Preservation Is only for high-style buildings associated with famous
Si.te Resources dead rich peo.ple.
_~oNo'''''''___''''''''''''''''''''' Reality: Preservation actually involves
J~)i~th,~,Nation,~IJrust .. every aspect of America's past.
. ....................j..........,;..............................~...",'" ' .. F'reservation cares about . the homes of ,
Contact tl1e;National. ,..,:..-....,... . .... .,.<. ...._-.-. '---...:::'::."-..'.:'.-.: .:...,.-.."...'.:.
the rich and the poor, Industrial sites
Trust and downtown commercial districts,
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Help from the National schools and colleges, religious sites
Trust and governmental buildings, parks
_~~~N___ and other places for recreation. rural
Tl1e National Twst in
Your state landscapes and structures - just
-~~ --.........._'^ about any place that helps tell
National Trust Horne America's story.
Page
Myth: Preservation is too expensive,
Reality: Good preservation does have costs - but not preserving costs even
more. Demolition has significant expenses: workers who tear down a historic
place and carry away the debris must be paid, ugly landfills must be provided to
receive construction materials. Additional costs appear if a "replacement" goes
in an undeveloped area, since building on open spaces requires creating and
maintaining services like roads and sewers.
Recent projects prove that preservation is often cheaper. In Chicago, where the
public school system is now spending $2.5 billion to upgrade facilities, bare-
bones new construction is costing $155 per square foot - but renovation is
costing just $130.
http://www.nationaltrust.org/primer/myths.html 2/25/04
Preservation Myths, National Trust for Historic Preservation Page 2 of3
Destroying our past has costs that extend far beyond money. Lost is the work of
talented craftsmen who created beautiful, lasting buildings. Lost are the
memories and pride that a community took in one of its landmarks. And lost is
the opportunity for future generations to enjoy and to learn from the places that
help us understand and appreciate where we came from.
Myth: If my house Is listed on a historic register or located In a historic
district, I lose all my property rights to the government.
Reality: There are many variations on this theme:
. I won't be able to change anything about my house, such as paint color
or landscaping or plumbing, without the approval ofthe "history police."
. I have to open my house for tours.
. I won't be able to sell my house.
None ofthose statements is true. No one from the local, state, or federal
govemment, for example, is going to block the installation of a dishwasher or
hot-water heater. Historic review boards may evaluate major projects, but these
loearly-chosen boards also give homeowners the opportunity to present their
case for making changes. Though many people choose to open their homes to
once-a-yearneighborhood tours, no one has to give the public access. And it's
becoming increasingly clear that being part of a historic district may actually
improve property values, since potential buyers know that their community will
escape the kind of every-man-for-himself development that ultimately leaves
everyone poorer.
Myth: If a place is listed on an historic register, it's safe from demolition.
Reality: Unfortunately, buildings that are important enough to have. made.8
local, state, or national register can still be torn down. Listing in the National
. Register.ofHistori9Places,. for example, ,d,9~~.pr()vid~Il~/l'I7:;Hf9~~g~j,'"11'1~.. ~i~?l~0';;'3.;j;','.'.'
project built With federal money -like a highway -- mustco/1si~eiiitsimp!'19~cirif;"';; ).;
historic resources, but even then, historic.resourcescan bedamagedor",
destroyed if there is no "feasible" alternative.
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Because legal protection is limited, it's vital for communities to fight for their
historic places. Few new projects - roads, offices, stores - have to be built in a
specific place in a particular way. Citizens can make sure that their elected
officials understand the need to protect the historic places, and find ways to
combine the best ofthe old and the new.
Myth: Preservation Is bad for business.
Reality: Preservation is actually a good business - and a big one. A recent
travel industry survey found that more than 40% of Americans made viSiting a
historic place -. a building,battletield or historic community - part oftheir
vacations, and that these people spent nearly 40% more than the typical
traveler. Communities participating in the National Trust's Main Street
program, which revitalizes traditional commercial districts, have generated more
than $16 billion in private and public investment since 1980.
Preservation is also better business than new construction. A study shows that
$1,000,000 spent on rehabilitation will create more jobs and keep more money
http://www.nationaltrust.org/primer/myths.html 2/25/04
Preservation Myths, National Trust for Historic Preservation Page 3 of3
in the local economy than the same $1,000,000 spent on new construction.
Myth: Old buildings aren't safe.
Reality: It's not the age of buildings
that makes them safe from forces like
fire and earthquakes and hurricanes -
it's how they're built. Recent disasters
have shown that older, carefully
constructed buildings may stand up
better. In 1992's Hurricane Andrew, for
example, it was new, cheaply built
structures that suffered the most
damage.
What's equally important is that old
buildings can adopt new safety
methods. Historic schools and office
buildings can be retrofitted with modem
fire-surpression systems and seismic
reinforcement. In the early 1990$, The Stanford library, after seismic
Stanford University showed how strenghtening.
modern techniques could preserve
and strengthen buildings that had been damaged by an earlier earthquake.
Nor does preservation increase the danger from hazards like asbestos and lead
paint. If an older building includes either of those materials, they have to be
abated whether the structure is demolished or rehabilitated, and often
preservation creates less danger because it does not expose the hazards to the
air.
Myth: Preservation only cares about the past.. . .
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Reality: Preservation does careabClutlhe pa~Eilt&are~~l:lBi:ifhonCl(in~the'
achievements of previous generations, the places theyJivedcand worked i and
the history and achievements we now enjoy.
.. --'-..--
But preservation also cares about the present and the future. By protecting our
past, it helps us remember how we came to be where we are and what we ought
to do now. And it cares about giving future generations the same opportunities
to enjoy beautiful buildings and landscapes that we have today.
Why Preserve I Get Involved I Historic: Places I Community Building I Historic Travel I Books and Gifts I Search I Site Index I Home
1!:l2004 National Trust for Historio Preservation. All rights resecved. Terms of Use I Privacy statement
http://www.nationaltrust.org/primer/myths.html 2/25/04
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City of Shakopee -
Economic Development Strategic Plan
3. Heritage Preservation
ISSUE:
The City of Shakopee lacks a formal, organizational element through which to
preserve its heritage. The City recognizes that heritage preservation is an effective
tool for economic development and that heritage preservation is not an end it
itself(save old buildings in.order to save old buildings) but is a vehicle of broader
ends .such as downtown revitalization, job creation,. small business incubation, .
housing, tourism, and others. .
GOAL:
Shakopeewill have an overall plan forherita.ge preservation, of which the
. original I historic commercial. area (downtoWn) is a part' The heritage
preservation plan will be complementary to any redevelopment plans.
Preserving and revitalizing Downtown Shakopee is an important and
worthwhile investment in the economic health and qualiiYoflife in our
community.
OBJECTIVE:
To develop a plan for heritage preservation of the entire community,
inclusive of the downtown historic business district, that is reviewed,
evaluated and updated on a regular basis. The heritage preservation
plan will be complementary to any redevelopment plans and activities.
3.1 - Develop and adopt a Heritage Preservation Ordinance
3.2 - Create a Heritage Preservation Commission (part of the
ordinance)
3.3 - Work with the Minnesota Historical Society, State Historic
Preservation Office (SHPO) to attain Certified Local
Government (CLG) status. CLG status qualifies a local
government for state historic preservation grants and technical
assistance (In order to become a CLG, a city must adopt a
heritage preservation ordinance and create a heritage
preservation commission).
3.4 - Conduct a comprehensive survey of historic resources (finance
survey in part with CLG grant funds)
CC HP Recommend 4-2-04 a.doc
3.5 - Continue use of Downtown Design Guidelines; update as
needed. Make the design guidelines part ofthe zoning ordinance
for the B-3 district (i.e., a Downtown Urban Conservation
Overlay District)
-- --,-
CC HP Recommend 4-2-04 a.doc
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~)(\-\-\"E:>r\ C Land Use, 1998
'--
c. Regulations will be developed and approved requiring land developers to
plant and maintain trees along all of a new development's streets following
a comprehensive planting plan.
d." The City will perform a complete review of its signage requirements to
ensure that the requirements are flexible enough to identify each business
given street conditions (speed, terrain, etc.) yet stringent enough to prevent
dangerous traffic conditions, the obscuring of other business signage, and
visual "clutter".
Objective 4..2. Promote and require attractive private development through public
regulations, by example, and market pressure. ..
Policies:
a. The City will regulate and review the design of new commercial,
industrial, and multiple-family residential sites, paying special attention to
landscaping, signage, parking, trash handling, and lighting.
Goal 5. Maintain and enhance ties to the City's natural and historic assets.
Objective 5.1.. Increase public use of the riverfront and strengthen its
relationship to the Downtown.
Policies:
a. Approve and begin implementation of the Riverfront Design Plan.
b. Link the Downtown to the river with pedestrian paths; roads, viewlines,
lighting. signage, and parks.
c. Work with the Minnesota Dep~P1ent of Natural Resources, the U. S. Fish
and Wildlife SerVice, and the U. S. Army Corps of Engineers to improve
public awareness and use of the river.
d. Look favorably upon private proposals to redevelop property for new
housing along the river above the floodplain or to create new river-related
commercial entertainment businesses.
e. Advocate the extension of the DNR trail eastward through Murphy's
Landing to Fort Snelling.
20
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S!uzkopee Comp~Phm
Objective 5.2. Develop a plan for historic preservation that contains
strategies that seek to promote neighborhood restoration and
economic development as well as preservation.
Policies:
~.. Develop and maintain a current inventory of structures and places with
potential historical, architectural, and cultural significance.
b. Support .th~ nomination of viable historical, architectural, and cultural
structures and places to the National Register of Historic Places.
c. Take full advantage of national and state historic preservation programs.
technical assistance, and opportunities that enhance and strengthen local
efforts.
d. Develop a recognition program for outstanding private preservation
activities.
e. Balance the application of historic preservation provisions with other
goals and objectives of the plan.
Objective 5.3. Encourage preservation or buildings and places that have
historical o.r architectural significance.
Policies:
....'.. ....,..,..:"..:'-.:'..-'
, . .-- ."'" .'....
a. Prepare an ordinance that promotes the preservation of histonc structUres.
b. Create reasonable financial incentives to assist in the cost of rehabilitation
or preservation;- --.....,
c. Conduct a study to identify areas within the City that contain
concentrations of historic structC1res and sites to detennine whether to
establish local historic preserVation landmarks and/or districts.
d. Encourage maximum flexibility in the application of the building code and
zoning ordinance to make it easier to renovate and reuse historic or
architecturally significant structures while maintaining life-safety features.
DRAFT 21
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\~~~ Utnp PI ~ v1tottl~lk. Historic Preservation
.
..- .
Introduction:
As the Introduction to this plan makes clear, Shakopee has both a significant place in
Minnesota history and a wealth of historic resources ranging from Native American
burial mounds to historic structures in Downtown and Old Shakopee to Murphy's
Landing. The City has long had a loan/grant program whose purpose is to assist
downtown business owners restore their buildings. The City EDA has also convened a
DoWntown and First A venue Revitalization Committee (Vision Shakopeel), whose
purpose is to develop strategies for the maintenance, development and economic viability
of these areas of the City.
Resources:
In order for local historic preservation efforts to be effective there should be coordination
among federal, state and local programs. One way that this coordination can be achieved
is through participation in the Certified Local Government(CLG) program. The CLG
program is a cost effective local, state and federal partnership that has been a major
source of support and guidance for many communities seeking to preserve their unique.
historic character. The program assists local governments through technical assistance
and grants for work such as preservation planning, reuse studies, historic resource
surveys, establishment oflow interest loan pools, and the development of design
guidelines.
'.-
In order to qualify for this program a city must pass a historic preservation ordinance and
createa.heritage preservation commission according to standards set by the U.S.
Department of the Interior and the Minnesota Historical Society/State Historic
Preservation Office (SHPO). SHPO can provide valuable assistance to the City in
developing a historic preservation ordinance and heritage preservation commission.
Goals, Objectives and Policies
Goal 1. Identify~ugPreserve historic resources in the City of Shakopee. I
Objectives:
1.1 Develop a historic preservation plan, including an inventory of historic
resources and structures.
1.2 Develop a historic preservation ordinance.
1.3 Develop a historic preservation commission
1.4 Apply to the State Historic Preservation Office (SHPO) for Certified Local
Government status.
DRAFT 28
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Minnesota Statutes 2003, 471.193 Page 1 of2
Minnesota Statutes 2003. Table of Chapters 'BX'rt\f>rr D ,
-
Table of contents for Chapter 471
471.193 MUnioipa~ heritage preservation.
subdi vision 1. Policy. The legislature finds that
the historical, architectural, archaeological, engineering, and
cultural heritage of this state is among its most important
assets. Therefore, the purpose of this section is to authorize
local governing bodies to engage in a comprehensive program of
historic preservation, and to promote the use and conservation
of historic properties for the education, inspiration, pleasure,
and enric~ent of the citizens of this state. ..
Subd. 2. Heritage preservation commissions. The
governing body of a statutory or home rule charter city, county,
or town may establish a heritage preservation commission to
preserve and promote its historic resources according to this
section.
Subd. 3. Powers. The powers and duties of any
commission established pursuant to this section may include any
power possessed by the political subdivision creating. the
commission, but shall be those delegated or assigned by the
ordinance establishing the commission. These powers may include:
(1) the survey and designation of districts, sites,
buildings, structuJ;'es, and objects that are of historical,
archite~turalr archaeological, engineering, or cultural
significance;
(2) the enactment of rules governing construction,
alteration, demolition, and use, includinr;r the. review of.... . ..
building permits, and the adoption of .other mE!asures appropr;iat;E!
for the preservation, protection, and perpetuation of designated
properties and areas;
(3) the acquisitTon~by~pi.lrchase-; -- gift, or bequest,o'fa~_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;
(4) requests to the political subdivision to use its power
of eminent domain to maintain or preserve designated properties
and adjacent or associated lands;
( 5) the sale or lease of air rights;
( 6) the granting of use variations to a zoning ordinance;
(7) participation in the conduct of land use, urban
renewal, and other planning processes undertaken by the
political subdivision creating the commission; and
(8) the removal of blighting influences, including signs,
unsightly structures, and debris, incompatible with the physical
http://www.revisor.1eg.state.mn.us/stats/471/193.html 2/25/04
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Minnesota Statutes 2003,471.193 Page 2 of2
well-being of designated properties or areas.
No power shall be exercised by a commission which is
contrary to state law or denied a political subdivision by its
charter or by law. Powers of a commission shall be exercised
only in the manner prescribed by ordinance and no action of a
commission shall contravene any provision of a municipal zoning
or planning ordinance unless expressly authorized by ordinance.
subd. 4. Exclusion. If a commission is established
by the city of st. Paul, it shall for the purpose of this
section exclude any jurisdiction over the Capitol Area as
defined in section 15B.03, subdivision 1-
Subd. 5. Commission members. commission members must
be persons with demonstrated interest and expertise in historic
preservation and must reside within the political subdivision
regulated by the ordinance establishing the commission. Every
commission shall include, if available, a member of a county
historical society of a county in which the municipality is
located.
Subd. 6. Communication with the state historic
preservation officer. Proposed site designations and design
guidelines must be sent to the state historic preservation
officer at the Minnesota Historical Society, who shall review
and comment on the proposal within 60 days. By October 31 of
each year, each commission shall submit an annual report to the
state historic preservation officer. The report must summarize
the commission's activities, including designations, reviews,
and. other activities during the previous 12 months.
HIST: 1971 c 128 s 1; 1973 c 123 art 5 s 7; 1985 c 77 s 1;
1989 c 9 s 2; 2003 c 17 s 2
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Sec. 22-7. Heritage preservation commission.
Subd. 1. Declaration of public policy and purpose. The city council declares that
the preservation, protection, perpetuation and use of areas, places, buildings,
structures and 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:
(1) Safeguard the city's heritage by preserving sites and structures which
reflect elements of the city's cultural, social, economic, political, visual or
. architectural history; . . .. ..
(2) 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;
(3) Enhance the visual and aesthetic character. diversity and interest of
the city;
(4) Foster civic pride in the beauty and notable accomplishments of the
past; and
(5) Promote and preservation and continued use of historic sites and
structures for the education and general welfare of the city's residents.
Subd. 2. Definitions. The following words, terms and phrases, when used in this
section. shall have the meanings ascribed to them in this subdivision, except where
the Gontext clearly indicates a different meal)ing: .
Heritage preservation site means any area, place, building, structure, lands, districts
or other objects which have been dulyLdesignated heritage preservation sites
pursuanttcrsubdiVision 4(7) ofthis'section.
Subd. 3. Established. The heritage preservation commission shall be established
as follows:
(1) Members. There is established aC/ty heritage- preservation--
commission, the "commission," which shall consist of seven voting
members to be appointed by the city council. The chairman of the city
planning commission or its designee and the community development
director of the city shall be ex officio, nonvoting members of. the
commission. All voting members shall be residents of the city.
(Ord. No. 822, 5-21~96)
(2) Term. All appointments shall be for staggered terms of three years.
Members may be reappointed for consecutive terms. In the event of a
vacancy, the vacancy for the unexpired term shall be filled in the same
manner as the appointment is made.. Members shall serve without
compensation and shalf continue to hold office until their successors have
been appointed and qualified.
(3) Organization. The commission shall elect offices from its members.
The commission shall make bylaws as it deems necessary, for the purpose
of carrying out the intent of this section, which are consistent with local or
state law. The commission shall make an annual report containing a
statement of its activities and plans to the city council.
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(4) Program assistance. To accomplish the intent and purpose of this
section, the city shall provide the commission with staff support. including
employees of the city library staff acquainted with the historical archives
and files.
Subd. 4. Designation of heritag~ preseNation sites. Heritage preservation sites
shall be designated as follows:
(1) Reports. The city council, upon the commission's request, may direct
the city staff to prepare studies which catalog buildings, land, areas, district
or other objects to be considered for designation as a heritage preservation
site.
(2) Criteria. The commission shall recommend to the city council areas,
buildings, districts or objects to be designated heritage preservation sites. In
. considering the designation of heritage preservation sites, the commission
shall apply the following criteria:
a. The character, interest or value as part of the development
heritage or cultural characteristics of the city, state or county.
b. The location as a site of a significant historic event.
c. The identification with a person or persons who significantly
contributed to the city's culture and development.
d. The embodiment of distinguishing characteristics of an
architectural style, period, form or treatment.
e. The identification as work of an architect or master builder
whose individual work has influenced the city's development
f. The embodiment of elements of architectural design, detail,
materials or craftsmanship which represent a significant
architectural innovation.
g. . TMe l.lniqllelocation or siflgl1larphysicaFchi:uacteristic
representing an. established.. and familiar. visual feature. . of. a
neighborhood, community or the city.
(3) Planningcommissionreview.The~commission shall.adviseJhecity ___
planning commission of the proposed designation of a heritage preseNation
site, including boundaries, and a program for the preservation of a heritage
preservation site, and secure from the city planning commission 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 which may be relevant to the proposed
designation. The planning commission shall also give its recommendation
of approval, rejection or modification of the proposed designation. The
recommendation shall become part of the official record concerning the
proposed designation and shall be submitted by the commission along with
its recommendation . concerning the proposed designation. to the city
councif. The commission may make modifications, changes and alterations
concerning the proposed designation as it deems necessary in
consideration of the recommendations of the city planning commission.
(4) Communications with state historical society. A copy of the
commission's proposed designation of a heritage preservation site,
including boundaries, and a program. for the preservation of a heritage
preservation site shall be sent to the state historical society.
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(5) Hearings. Prior to the commission recommending to the city council
any building, district or object for designation as a heritage preservation
site, the commission shall hold a public hearing and seek the
recommendations of concerned citizens. Prior to the hearing the
commission shall cause to be published in a newspaper of general
circulation notice of the hearing at least 30 days prior to the date of the
hearing, and notice of the hearing shall be sent to all owners of the property
proposed to be designated a historic preservation site and to all property
owners within 300 feet of the boundary of the area to be designated.
(6) Findings and recommendations. The commission shall determine jf
the proposed heritage preservation site is eligible for heritage preservation
as determined by the criteria specified in subdivision 4(2) of this section,
and if the commission recommends to the city council that the site be
designateg for heritage preservation, the commission shall transmit to the
city council with its recommendation its proposed program for site
preservation. . .
(7) City council designation; hearings. The city council, upon the request
of the commission, may by ordinance designate a heritage preservation
site. Prior to the designation, the city council shall hold a public hearing,
notice of which shall be published in a newspaper of general circulation at
least 30 days prior to the date of the hearing. and notice of the hearing shall
be sent to all owners of property which is proposed to be designated a
heritage preservation site and to all property owners within 300 feet of the
boundary of the area to be designated.
(8) Eminent domain. The commission may recommend to the city council
after review and comment by the city planning commission, that certain
property eligible for designation as a heritage preservation site be acquired
by gift, negotiation or by eminent domaIn as provided for in Minn. Stat. ch.
117. . - .. '
Subd. 5. Additionalpowers and dutiesof the commission. The commission shall
have the following powers and duties, in addition to those otherwise specified in this
section:
(1 ) The commission shall conduct a continuing survey .0f.CiII_areas,
places, buildings, structures or objects in the city which the commission, on
the basis ofjnformation available or presented to it, has reason to believe
are significantto the city's .culture,'social;. economic,. politicaror:architectural . :::: .
history .
(2) 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 preselVation, restoration and rehabilitation.
(3) The commission shall work for the continuing education of the city's
citizens with respect to the city's civic and architectural heritage. It shall
keep current a public register of designated and proposed heritage
preselVation sites along with the plans and programs that pertain to them.
(4) The commission may recommend that the city accepts gifts and
contributions made to the city and to assist the city staff in preparing
applications for grantfunds for heritage preselVation.
(5) 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
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as a permanent record of city history and development.
(6) The commission shall make no application to the national register or
to the state for the designation of a historic site or district without the city
council's consent.
Subd. 6. Review of permits. Permit review shall be as follows:
(1) Site alteration permit. The commission shart review and recommend
approval or disapproval of the issuance of a site alteration permit to do any
of the following in a heritage preservation site. The application shall be
accompanied by detailed plans including a site plan. building elevations and
design details and materials as necessary to evaluate the request. Regular
city permits shall also be required.
a. Remodel, alter or repair in any manner. .including paint color.
that will change the exterior appearance of a historic building or a
site.
b. New construction.
c. Signs. The design review committee shall make a final
decision on the granting or denial of a sign permit after seeking the
recommendation of the community development director. The sign
applicant or any party aggrieved by the decision of the committee
has a right to appeal the decision to the. city council. which shall sit
as a board of adjustment and review.
d. Moving of buildings.
e. Partial or total demolition. This does not apply to structures
required to be demolished accord.jng to Minn. Stat. ch. 463.
(2) City activity. The commission shall review and make
recommendations to the city cou/1cil concerning city. activity that could
change the nature or appearance of a heritage preservation site.
(3) Preservation program. AU commission decisions withrespecttothis
section shall be according to the approved program for the rehabilitation of
each heritage preservation site. The following guidelines shall be used to
evaluate_appJi~(3Ji.o~.s._ fC?~~i~~C!lt~r~ti()~p~rl1l!t.~:_ ....
a. Every reasonable effort shall be made to provide a compatible
use for a property which requires minimal alteration of the building,
structure or site and its environment or to use a property for its
originally intended purposes.
b. The distinguishing original qualities or character of a building.
structure or site and its environment shall not be destroyed. The
removal or alteration of any historic material or distinctive
architectural features must be avoided when possible.
c. All buildings. structures. and sites shall be recognized as
products of their own time. Alterations that have no historical basis
and which seek to create an earlier appearance shall be
discouraged.
d. Changes which may have taken place in the course of time
are evidence of the history and development of a building, structure
or site and its environment. These changes may have acquired
significance in their own right and this significance shall be
recognized and respected.
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e. Distinctive stylistic features or examples of skilled
craftsmanship which characterize a building, structure or site shall
be treated with sensitivity.
f. Deteriorated architectural features shall be repaired rather than
replaced, whenever possible. If replacement is necessary. the new
material should match the material being replaced in composition,
design, color, texture and other visual qualities. Repair or
replacement of missing architectural features must be based on
accurate duplication of features, substantiated by historic, physical
or pictorial evidence rather than on conjectural designs or the
availability of different architectural elements from other buildings or
structures.
g. The surface cleaning of structures shall be undertaken by the
gentlest means possible. Sandblasting and other cleaning methods
that will damage. historic building materials shall not be undertaken.
h. Contemporary design for alterations and additions shall not be
discouraged when such alterations and additions do not destroy
significant historical, architectural or cultural material and such
design is compatible with the size, scale, color, material and
character of the property, neighborhood or environment.
i. Whenever possible new additions or alterations to structures
shall be done in a manner that if the additions or alterations were to
be removed in the future, the essential form and integrity of the
structure would b~ unimpaired.
Subd. 7. Findings. Before approving any permit application required under
subdivision 6. of. this section, the commission shall make findings based on the
. program for preservation and architectural control for the heritage preservation site
in regard to the following: .
(1) Alterations or additions to an existing building must not materially
impair the architectural. or . historic value of the building.. These. . findings
should consider the existing structures and exterior appearances, building
height, building width, depth or other dimensions, roof style, type of building
materials, ornamentation and paving setback.
(2) .....nprioffoapproval.bfahybuildingdernolitioh, the. commission shall
make written findings of the following: Architectural and historic merit of the
building, the effect on surrounding buildings, the effect of any new proposed
construction on the remainder of the building (in case of partial demolition)
and on . surrounding buildings, the economic value or usefulness of the
building, as it now exists or if altered or modified in comparison with the
value or usefulness of any proposed structures designated to replace the
present building.
(3) New buildings shall not materially impair the architectural or historic
value of buildings on adjacent sites or in the immediate vicinity within the
historic preservation site.
Subd. 8. Umitations. If within 45 days from the filing of a building permit
application the commission has neither approved nor denied the building permit
application, the plans and permit application shall be deemed to have been
approved by the commission and if all other requirements of the city have been met,
the commission shall authorize a permit for the proposed work. No permit shall be
issued or work commenced if the commission disapproves the application in
accordance with this section.
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Subd. 9. Emergency repair. In emergency situations where immediate repair is
needed to protect the safety of the structure and its inhabitants, the building official
may approve the repair without prior commission action. In the case of a permit
issued under this subdivision, the building official shall immediately notify the
commission of its action and specify the facts or conditions constituting the
emergency.
Subd. 10. Appeal to the city council. The permit applicant or any party aggrieved
by the commission's decision shall, within ten days of the date of the commission's
order and decision, have a right to appeal such order and decision to the city
council. The appeal shall be deemed perfected upon receipt by the clerk of two
copies of a notice of appeal and statement setting forth the grounds for the appeal.
The clerk shall give one copy of the notice of appeal and statement to both the city
council and the commission. The commission, in any written order denying a permit
application, must inform the applicant of his right to appeal to the city council and
include this subdivision in all such orders. . .
Subd. 11. Penalty for violation of section. An owner or occupant of any area,
place, building, structure or other object within a duly designated heritage
preservation site who violates this section shall be guilty of a misdemeanor. Any
architect, builder, contractor, agent, person or corporation who assists in the
commission of a violation of this section shall be guilty of a misdemeanor. For each
such day an owner or occupant of any area, place, building, structure or other
object within a duly designated heritage preservation site allows any work to be
performed on any area, place, building, structure or other object in vi.olation of this
section, it shall constitute a separate violation, and it shall be punishable as such. A
heritage preservation site on which there exists any remodeling, repairing,
construction or a building moved in violation of this section, is declared a nuisance
and the imposition of the penalties prescribed shall not prevent the city from
instituting an appropriate action or proceeding to prevent an unlawful remodeling,
_ repatFi"eonstFtJction. building, building moving or d~molition or to restrain, correct or
'. abate a violation.
Subd. 12. Repository for documents. The clerk's office is designated as the
repository for at least onec9Py.of~n studiE3.S,. r~ports, recomfllendation!5. ~nd
programs required under this section.
(Ord. No. 664, 6-5-87)
Subd. 13. Recording ofhf3ritagf3prf3se(V~tiof'1df3.ites, Tl)e<::l?r~'sofficeshall record
with the county recorder or registrar of titles the legal description - of all hands
designated as heritage preservation sites by the city council and shall transmit a
copy of the legal descriptions to the building official.
(Code 1980, S 22.07; Ord. No. 720. 3-6-90; Ord. No. 749,1-7-92; Ord. No. 770, 4-6-
93)
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City Code CHAPTER 11 Page 1 of5
Heritage Preservation Ordinance
City Code Title 2, CHAPTER 11
2-11-1: DECLARATION OF PUBLIC POLICY AND PURPOSE:
The Farmington City Council hereby declares as a matter of public policy that the preservation,
protection, perpetuation and use of buildings, sites, structures, objects, and districts having
special historical interest or value is a matter of public necessity, and is required in the interest
of the health, safety, welfare and prosperity of the people. The purpose of this Chapter is to:
(A) Safeguard the heritage of the City by preserving buildings, sites, stmctures, objects and
districts which reflect elements of the City's historical, architectural, archeological, or cultUral
heritage;
(B) Protect aIld enhance the City's appeal to residents, visitors and tourists, and serve as a
support and stimulus to business and industry;
(C) Foster civic pride in the beauty and notable accomplishments of the past; and
(D) Promote the preservation, protection and use of historic buildings, sites, structures, objects
and districts for the education and general welfare of the people of the City. (Ord. 099-422,2-
16-1999)
2-11-2: DEFINITIONS:
For the purpose of this Chapter, the following words and. terms shall have the meanings
respectively, aS9Eipedt9them by this Section:
BUILDING: A construction created principally to shelter a form of human activity, such as a
house, commercial building, school, or church.
CERTIFICATE OF APPROPRIATENESS: The documentation provided by the Heritage
Preservation Commission which evidences approval of activities proposed for a Farmington
Heritage Landmark.
DESIGN REVIEW: The process of finding out whether proposed changes to an historic
property meet standards of appropriateness.
DISTRICT: A discrete, geographically defmable area possessing a concentration, linkage or
continuity of buildings, sites, structures or objects united historically by plan or physical
development.
FARMINGTON HERlT AGE LANDMARK.: An historic property so designated by resolution
of the City Council.
HISTORIC PROPERTY: Any building, site, structure or object that is significant in history,
architecture, archeology or culture.
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City Code CHAPTER 11 Page 2 of5
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OBJECT: A construction that is primarily artistic in nature or relatively small in scale and that is
associated with a specific historic setting or environment.
SIGNIFICANCE: The historic preservation value and importance of an historic property to the
history, architecture, archeology, or culture of the City of Farmington, the State of Minnesota, or
the United States.
SITE: The location of a prehistoric or historic occupation or activity that possesses historic,
cultural, or archeological value.
STRUCTURE: Constructions made for purposes other than creating human shelter, such as
bridges, roadways, silos, and grain elevators.
SURVEY: The process of identifying and gathering information on historic properties. (Ord.
099-422,2-16-1999)
2-11-3: HERITAGE PRESERVATION COMMISSION POWERS AND DUTIES:
(A) Members: The City of Farmington Heritage Preservation Commission (hereinafter the
"HPC") shall consist of up to seven (7) voting members, adult residents of the City, to be
appointed by the City Council. HPC members shall include professionals in the disciplines of
history, architecture, architectural history, archeology, planning, or related disciplines and such
other persons as have demonstrated interest or knowledge of historic preservation. Ex officio,
nonvoting members of the HPC shall include a representative of the Dakota County Historical
Socfety;.the Farmington Historical Society, and ~ member of the Farmington Planning
Commission. ... . . .
(B) Tenns Of Office: .~ll. appointmentsforvotiIlg members shall be. made fora terlll.ofthree (3)
years. Members Illayoe reappointed.Terril expiration shall be staggereclso that no more than
three (3) positions shall be filled each Ye:ar.Members shall serve without compensation and
continue to hold office until their successors have been appointed.
-
(C) Organization: The HPC shall elect from its members such officers as it may deem necessary.
The HPC shall have the power to designate and appoint from its members various committees.
The HPC shall make such bylaws as it may deem advisable and necessary for the conduct of its
affairs, for the purpose of carrying out the intent of this Chapter, which are not inconsistent with
the laws of the City and the State.
(D) Program Assistance: To accomplish the intent and purpose of this Chapter, the City shall
provide the HPC with staff support and technical assistance.
(E) Powers And Duties: Unless otherwise specified herein, the powers and duties of the HPC
shall be as follows:
I. Conduct a continuing survey of historic properties in the City which the HPC has reason to
believe are or will be eligible for designation as Farmington heritage landmarks.
2. Nominate properties for designation as heritage landmarks.
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City Code CHAPTER 11 Page 3 of5
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3. Review and comment upon permit applications and plans relating to heritage landmarks.
4. Increase public awareness of historic preservation and historic properties.
5. Make recommendations to the City Council concerning grants and gifts from Federal and
State agencies, private groups and individuals and the utilization of budgetary appropriations for
historic preservation programs.
6. Prepare a comprehensive historic preservation plan for the City.
7. Make an annual report containing a statement of its activities and plans to the City Council.
. 8. Any other functions which may be designated by ordinance or motion of the City Council.
(Ord.099-422,2-16-1999) .
2-11-4: DESIGNATION OF FARMINGTON HERITAGE LANDMARKS:
(A) Eligibility Criteria: The following criteria shall guide the HPC and the City Council in
evaluating properties for designation as Farmington heritage landmarks:
1. The quality of significance in history, architecture, archeology; and culture is present in
buildings, sites, structures, objects and districts that possess integrity of location, design, setting,
materials, workmanship, feeling, and association, and:
(a) That are associated with specific events or a pattemof events that have made a significant
contribution to the broad pattel11s of our history; or
(b) Thatare associated with the lives of persons or groups significant in our past; or
_ _~ ,__,..:r
(c) Th.atembbdY t1ied.isHn~tivecharacteristics ofatype, period, or methodo:fcohstfucHon,or
that represent the work of a master builder, or that possess high artistic values, orthat represent
a significant and distinguishable entity those components may lack individual distinction; or
(d) That have yielded, or may be likely to yield, information important in prehistory or history.
2. The singular physical appearance, historic character or aesthetic value of an established or
familiar feature of a neighborhood or community within the City.
(B) Findings Of SignitIcance: The HPC shall determine if an historic property is eligible for
designation as a Farmington heritage landmark and issue a written finding of significance.
(C) Council Designation, Hearings: The City Council, upon recommendation of the HPC, may
by resolution designate a Farmington heritage landmark. Prior to. such designation, the City
Council shall hold a public hearing, notice of which shall have been published in the official
newspaper at least ten (10) days prior to the date of the hearing and mailed notice sent to the
owner(s) of the property which is proposed to be designated a heritage landmark and to all
owners of property lying adjacent to the historic property.
(D) Communication With The Minnesota Historical Society: Priorto designating a Farmington
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City Code CHAPTER 11 Page 4 of 5
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heritage landmark, the City shall forward information concerning the proposed designation to
the Minnesota Historical Society for review and comment in accordance with MSA, section
471.193.
(E) Designation Of Heritage Landmarks On The Zolling Map: The City shall place designated
Farmington heritage landmark properties on the Official City Zoning Map. (Ord. 099-422,2-16-
1999)
Heritage Landmarks
2-11-5: DESIGN REVIEW:
.. . . . .
(A) Review Of Permits: The HPC sha1l review and make recomri1endations to the City Council
concerning the issuance of City permits to do any of the following in relation to a property
designated as a Farmington heritage landmark:
1. Demolition of an historic building or structure.
2. Moving an historic building, structure, or object.
3. New construction of a principal building or accessorystructllre.
(B) Alterations: The HPC shall determine whether the proposed activity will alter, disturb,
deface or materially change the appearance or use of a heritage landmark. The HPC may
recommend to the City Council conditions for permit approval that it deems reasonable and
appropriate. . .
(C) Certificate Of Appropriateness: No permit will be issued by the City unless a certificate of
appropriatep.ess ha~Ryetl gran~ed by the HPC.. A copy of the c~~ificateofappropriEl.t~n~sssl1all.
be attached to the permit when issued, and a copy filed with the City Building OfficiaL A ... ...
certificate of appropriateness shall become void twenty four (24) months after issuance unless a
City permit has been issued.
(D) Development Projects: Every application for a preliminary or fmal plat, variance or
conditional use permit in relation to a significant historic property in the City shall be reviewed
by the HPC and their recommendation shall be forwarded to the Planning Commission for
consideration in making their recomri1endation to the City Council. In determining whether or
not a project will have an adverse effect upon a significant historic property, the HPC shall
consider the following factors:
1. Whether the development will substantially alter the appearance of an historic building, site,
structure, object or district so as to remove the features which distinguish the historic property as
a heritage landmark; and .
2. Whether the use of the property will destroy, disturb or endanger a known or suspected
archeological feature.
(E) Design Review Standards And Guidelines: The Secretary of the Interior's standards for the
treatment of historic properties shall be the required basis for permit review decisions. The City
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City Code CHAPTER 11 Page 5 of5
may adopt design review guidelines; in the absence of such guidelines, design review decisions
will be based upon the current Secretary of the Interior guidelines for preservation,
rehabilitation, restoration and reconstruction.
(F) Outside Tec1mical Advice: The HPC may seek teclmical advice from outside its members on
any design review.
(G) Appeals: Any party aggrieved by a decision of the HPC shall, within ten (10) days of the
HPC's action approving or denying a certificate of appropriateness, have a right to appeal such
decision to the City Council. When denying a certificate of appropriateness, the HPC shall
advise the permit applicant of their right to file a written notice with the City Administrator
requesting City Council review of the action taken by the HPC. Upon receipt of the notice of
appeal, the City Adniinistratot shall transmit one copy to the HPC. (Ord. 099~422, 2~16~1999)
2-11-6: VIOLATIONS AND PENALTY:
It shall be a misdemeanor to alter, disturb, deface or materially change the appearance or use of
a designated Farmington heritage landmark without a certificate of appropriateness. (Ord. 099-
422,2-16-1999)
2-11-7: REPQSITORYFORDOCUMENTS:
The office of the City Administrator is designated as the repository for all.reports, studies,
minutes, and other documents produced by the HPC. (Ord. 099-422,2-16-1999)
Heritage Preservation Commission .
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