The Otsego City Council finds that the historical, archaeological, engineering and cultural heritage of the City is among its most important assets and that preservation, protection, perpetuation and use of areas, places, buildings, structures, and other objects that have historic, aesthetic or community interest or value benefits the health, prosperity, education and welfare of the community. The purposes of this chapter are to:

   A.   Safeguard the heritage of the City by preserving sites and structures which reflect elements of the City's cultural, social, economic, political, visual or architectural history.

   B.   Promote the preservation and continued use of historic sites and structures for the education and general welfare of the people of the City.

   C.   Foster civic pride in the beauty and notable accomplishments of the past.

   D.   Stabilize and improve City property values. (Prior Code § 20-96-1)

This chapter is enacted pursuant to the authority granted by the provisions of Minnesota Statutes section 471.193. (Prior Code § 20-96-2)

The City Council shall appoint an advisory commission to be known as the Otsego Heritage Preservation Commission. Membership qualification, terms and bylaws of such commission shall be established by City Council resolution. Commission members must be persons with demonstrated interest and expertise in historic preservation and a majority of the members must reside within the City of Otsego. The Heritage Preservation Commission shall include, if available, a member of the Wright County Historical Society. (Prior Code § 20-96-3)

   A.   The Heritage Preservation Commission may recommend to the City Council, after review and recommendation 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 in Minnesota Statutes chapter 117.

   B.   The Heritage Preservation Commission, upon approval by the City Council, shall have the following powers and duties:

      1.   To conduct a continuing survey of all areas, places, buildings, structures or similar objects in the City which the commission, on the basis of information available or presented to it, has reason to believe are or will be eligible for designation as heritage preservation sites.

      2.   To work for the continuing education of the citizens of Otsego with respect to the historic and architectural heritage of the City. It shall keep current and public a register of designated heritage preservation sites and areas.

      3.   To accept the services on a permanent or part time basis of technical experts and such other persons as may be required to perform its duties.

      4.   To solicit gifts and contributions to be made to the City and to assist in the preparation of applications for grant funds to be made to the City for the purpose of heritage preservation.

      5.   The Heritage Preservation Commission shall make no application to the National Register or to the Minnesota Historical Society for the designation of a historic site or district without the consent of the City Council. (Prior Code § 20-96-4)

   A.   Site Application: Heritage preservation sites shall be applied to and superimposed upon all zoning districts contained herein as existing or amended by the zoning ordinance text and official zoning map. The regulations and requirements imposed by a heritage preservation site designation shall be in addition to those established for the base zoning districts which jointly apply. Under the joint application of standards, the most restrictive requirements shall apply.

   B.   Reports: The City Council may direct the City staff to prepare studies which catalog buildings, land, areas, districts, or other objects to be considered for designation as a heritage preservation site. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where applicable, and provide general assistance in preparing a recommendation on the action to the City Council.

   C.   Criteria: The Heritage Preservation Commission shall recommend to the Planning Commission that an area, building district, or object be designated a heritage preservation site upon determining that such site meets one or more of the following criteria:

      1.   It has character, interest or value as part of the development heritage or cultural characteristics of the City, State of Minnesota or the United States;

      2.   Its location as the site of a significant historic event;

      3.   It has yielded, or is likely to yield, information important in prehistory or history;

      4.   It is associated with a person or persons who significantly contributed to the culture and development of the City;

      5.   It embodies distinctive characteristics of an architectural style, period, form or treatment;

      6.   It represents the work of an architect or master builder whose individual work has influenced the development of the City;

      7.   It embodies elements of architectural design, detail, materials, or craftsmanship which represent a significant architectural innovation; or

      8.   Its unique location or singular physical characteristics represent an established and familiar visual feature of a neighborhood, community, or the City.

   D.   Communications With Minnesota Historical Society: A copy of the Heritage Preservation 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 Minnesota Historical Society in accordance with Minnesota Statutes section 471.193, subdivision 6.

   E.   Findings And Recommendations: The Heritage Preservation Commission shall make findings as to whether a proposed heritage preservation site is eligible for heritage preservation as determined by the criteria specified in subsection C of this section. If the Heritage Preservation Commission determines the site meets the criteria in subsection C of this section, it shall forward its findings to the Planning Commission with its recommendation that the site be designated for heritage preservation and its proposed program for the preservation of the site.

   F.   Planning Commission Recommendation: The Heritage Preservation Commission shall advise the Planning Commission of the proposed designation of a heritage preservation site, including boundaries, and a program for the preservation of a heritage preservation site.

The Planning Commission shall recommend approval, rejection or modification of the proposed designation to the City Council. Such recommendation shall be based upon, but not be limited to, the following factors:

      1.   The provisions of subsection 11-4-2F of this title.

      2.   Any other planning consideration which may be relevant to the proposed designation upon the surrounding neighborhood.

      3.   Any other planning consideration which may be relevant to the proposed designation. The Heritage Preservation Commission may take such modifications, changes, and alterations concern in the proposed designation as it deems necessary in consideration of the recommendation and opinion of the Planning Commission.

   G.   Hearings: Prior to the Planning Commission recommending to the City Council any building, district, or object for designation as a heritage preservation site, the Planning Commission shall hold a public hearing on the proposed designation. Prior to such hearing, the Planning Commission shall cause to be published in a newspaper of general circulation notice of the hearing at least ten (10) days prior to the date of the hearing. Notice of the hearing shall be sent to all property owners within three hundred fifty feet (350') of the proposed heritage preservation site in platted areas and shall be sent to all property owners within five hundred feet (500') of the proposed heritage preservation site in nonplatted areas. A copy of the notice and a list of the property owners and addresses to which the notice was sent shall be attested and made part of the records of the proceeding.

   H.   City Council Designation: The City Council shall consider the recommendation of the Heritage Preservation Commission and Planning Commission that a site be designated for heritage preservation, and may, by ordinance, designate a heritage preservation site. If deemed necessary, the City Council shall have the authority to hold an additional public hearing when considering the designation of a heritage preservation site. (Prior Code § 20-96-5)

   A.   Permit Required; Application: A heritage preservation site alteration permit is required to do any of the following in, on, or to a heritage preservation site in the City:

      1.   Remodel, alter, or repair in any kind or manner, including a change of color, that will alter the exterior appearance of a historic building, site, or landmark.

      2.   Erect a building or any structure.

      3.   Erect signs.

      4.   Move from or to any building.

      5.   Demolish any building in whole or in part. This does not apply to structures required to be demolished in accordance with Minnesota Statutes chapter 463.

      6.   Alter or remove a land form in whole or in part.

The application for a site alteration permit shall be accompanied by detailed plans including a site plan, building elevations and design details, and materials necessary to evaluate the request. The City Council shall make the determination whether to approve or disapprove the permit.

   B.   Technical Reports: The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where applicable, and provide general assistance in preparing a recommendation on the action to the City Council.

   C.   Heritage Preservation Commission Recommendation: The Heritage Preservation Commission shall review each application and make its recommendation to the City Council relative to the request for a heritage preservation site alteration permit.

   D.   Planning Commission Recommendation: If it is determined that the requested site alteration permit may have land use related implications, the permit application shall be subject to review and recommendation by the Planning Commission. In such case, the Planning Commission shall recommend approval, rejection or modification of the permit to the City Council. Such recommendation shall be based upon, but not limited to, the criteria specified in subsection E of this section.

   E.   Criteria For Site Alteration Permit: The City Council shall approve, disapprove, and/or impose conditions on a heritage preservation site alteration permit after consideration of the Heritage Preservation Commission's program for preservation and the Secretary of the Interior's Standards for Rehabilitation, as revised and if applicable, the recommendation of the Planning Commission.

   F.   Findings: The City Council shall make findings as to whether a site alteration permit application should be approved or disapproved, or conditions imposed, as determined by the criteria specified in subsection E of this section.

   G.   Hearing: Prior to the City Council making its decision regarding an application for a site alteration permit for a heritage preservation site, the City Council shall hold a public hearing on the application. Prior to such hearing, the City Council shall cause to be published in a newspaper of general circulation notice of the hearing at least ten (10) days prior to the date of the hearing. Notice of the hearing shall be sent to all property owners within three hundred fifty feet (350') of the site of the proposed heritage preservation alteration in platted areas and shall be sent to all property owners within five hundred feet (500') of the site of the proposed heritage preservation alteration in nonplatted areas. A copy of the notice and a list of the property owners and addresses to which the notice was sent shall be attested and made part of the records of the proceeding.

   H.   Limitations: If, within sixty (60) days from the filing of a site alteration permit application, the Heritage Preservation Commission has not made a recommendation of approval or disapproval to the City Council, the application shall be forwarded to the City Council for approval or disapproval of the permit without the Heritage Preservation Commission's recommendations. (Prior Code § 20-96-6)

In emergency situations where immediate repair is needed to protect the safety of the structure and its inhabitants, the building official shall have the authority to enforce the Otsego Building Code and may approve the repair without prior Heritage Preservation Commission or City Council action. (Prior Code § 20-96-7; amd. 2018 Code)

The Office of the City Clerk is designated as the repository for at least one copy of all studies, reports, recommendations and programs required under this chapter. (Prior Code § 20-96-8)

The Office of the City Clerk shall record the designation of buildings, lands or areas as heritage preservation sites with the Wright County Recorder or the Wright County Registrar of Titles, unless the County Recorder or Registrar of Titles refuses to record such designation, and shall transmit a copy of the recording document to the Building Department. (Prior Code § 20-96-9)