The zoning classification of Edina Heritage Landmark is established to promote the preservation, protection and use of significant heritage resources in the city. Heritage landmarks shall be nominated by the heritage preservation board and designated by council resolution.

(Code 1970; Code 1992, § 850.20(1))

The following criteria will guide the heritage preservation board and the council in evaluating potential heritage landmark designations:

(1)

The quality of significance in history, architecture, archeology and culture present in buildings, sites, structures, objects and districts that reflects:

a.

Association with important events or patterns of events that reflect significant broad patterns in local history;

b.

Association with the lives of historically significant persons or groups significant;

c.

Embodiment of the distinctive characteristics of an architectural style, design, period, type or method of construction; or that possess high artistic values, or that represents a significant and distinguishable entity whose components may lack individual distinction; or

d.

Important archeological data or the potential to yield important archeological data.

(2)

The retention of specific aspects of historical integrity, including location, design, setting, materials, workmanship, feeling and association, that convey significance as a heritage resource worthy of preservation.

(Code 1970; Code 1992, § 850.20(2))

The heritage preservation board shall review the inventory of heritage resources and evaluate the significance of all properties identified by survey. If it determines that a surveyed heritage resource appears to meet at least one of the heritage landmark eligibility criteria, the heritage preservation board may, by majority vote, issue a determination of eligibility for planning purposes.

(Code 1970; Code 1992, § 850.20(3))

Nomination of a property to be considered for designation as an Edina Heritage Landmark shall be submitted to the council by the heritage preservation board. Each nomination shall be accompanied by a heritage landmark nomination study prepared by the city planner. This study shall:

(1)

Identify and describe in detail the heritage resource being nominated;

(2)

Explain how the property meets one or more of the heritage landmark eligibility criteria;

(3)

Make the case for historical significance and integrity; and

(4)

Recommend a plan of treatment for the heritage resource, with guidelines for design review and specific recommendations for preservation, rehabilitation, restoration and reconstruction, as appropriate.

The study shall be accompanied by a map that clearly locates the property, a detailed plan of the nominated heritage resource, and archival quality photographs that document significant features of the building, site, structure, object or district.

(Code 1970; Code 1992, § 850.20(4))

The city planner shall submit all heritage landmark nominations to the state historic preservation officer for review and comment within 60 days.

(Code 1970; Code 1992, § 850.20(5))

The city planner shall submit all heritage landmark nominations to the city planning commission for review and recommendations prior to any council action.

(Code 1970; Code 1992, § 850.20(6))

On receipt of the heritage landmark nomination documents and the comments of the state historic preservation office and the city planning commission, the council shall hold a public hearing to consider the proposed landmark designation.

(Code 1970; Code 1992, § 850.20(7))

The council may designate a property as an Edina Heritage Landmark by resolution.

(Code 1970; Code 1992, § 850.20(8))

The planning commission shall place all designated heritage landmarks on the official city zoning map.

(Code 1970; Code 1992, § 850.20(9))

(a)

To protect significant heritage resources, the heritage preservation board shall review all applications for city permits for the following types of work in relation to a designated heritage landmark:

(1)

Demolition of any building or structure, in whole or in part;

(2)

Moving a building or structure to another location;

(3)

Excavation of archeological features, grading or earth moving in areas believed to contain significant buried heritage resources; and

(4)

New construction.

(b)

No city permits for the types of work described in subsection (a) of this section will be issued without a certificate of appropriateness signed by the city planner and approved by the heritage preservation board evidencing compliance with the comprehensive heritage preservation plan. Applications for a certificate of appropriateness shall be made on forms provided by the planning department and shall be accompanied by the fee set forth in section 2-724. The application shall be accompanied by plans and drawings to scale, which clearly illustrate, to the satisfaction of the planner, the work to be undertaken if the permit is granted. Certificates of appropriateness may be granted subject to conditions

(c)

Permit review decisions shall be based on the Secretary of the Interior's Standards for the Treatment of Historic Properties, the comprehensive heritage preservation plan and the heritage landmark preservation study, for each designated property.

(d)

The city planner and the heritage preservation board shall complete their review of applications for city permits requiring certificates of appropriateness within 45 days of the date of application.

(e)

The city planner and the heritage preservation board may issue certificates of appropriateness for work projects submitted voluntarily by owners of heritage resources.

(f)

To ensure compliance with the goals and policies of the comprehensive heritage preservation plan, the heritage preservation board shall review every application for a preliminary plat, conditional use permit, variance or rezoning, in relation to a designated heritage landmark; and the city planning commission shall give the heritage preservation board a reasonable opportunity to comment on such projects before making its recommendation to the council.

(Code 1970; Code 1992, § 850.20(10))

Any party aggrieved by a decision of the heritage preservation board or an administrative official may appeal such decision by filing a written appeal with the city clerk no later than ten days after the decision of the heritage preservation board or the administrative official. If not so filed, the right of appeal shall be deemed waived and the decision of the heritage preservation board or administrative official shall be final. Upon receipt of the appeal, the city clerk shall transmit a copy of said appeal to the heritage preservation board. The council shall hear and decide all appeals in the manner provided by section 36-100.

(Code 1970; Code 1992, § 850.20(11))

Violations of the provisions of this chapter or the conditions of approval granted thereunder shall be a misdemeanor. This chapter may also be enforced by injunction, abatement or any other appropriate remedy, in any court of competent jurisdiction.

(Code 1970; Code 1992, § 850.20(12))

Every owner or person in possession of a designated heritage landmark shall keep the property in good repair.

(Code 1970; Code 1992, § 850.20(13))