Waseca City Zoning Code
HERITAGE PRESERVATION
OVERLAY DISTRICT
§ 154.066 PURPOSE.
The Heritage Preservation Overlay District is established to promote the educational, cultural, economic, and general welfare of the public through the protection, enhancement, and perpetuation of properties of historic, architectural, and cultural significance.
(Ord. 1040, passed 1-5-16)
§ 154.067 APPLICATION OF DISTRICT PROVISIONS.
The provisions of this section shall apply to those properties identified on the official zoning map, incorporated herein by reference, as HP, Heritage Preservation Overlay districts/sites. Such shall in no way affect the established allowable uses and requirements set forth elsewhere in this subchapter for the underlying zoning district.
(Ord. 1040, passed 1-5-16)
§ 154.068 HERITAGE PRESERVATION COMMISSION.
The Heritage Preservation Commission, as established in Chapter 155 of this Code of Ordinances shall have such powers and duties as shall be provided in this section with respect to the establishment and regulation of properties within the Heritage Preservation District.
(Ord. 1040, passed 1-5-16)
§ 154.069 DESIGNATION OF HERITAGE PRESERVATION SITES.
Heritage preservation sites shall be designated as follows:
(A) 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:
(1) The character, interest, or value as part of the development, heritage, or cultural characteristics of the city, state or county;
(2) The location as a site of a significant historic event;
(3) The identification with a person or persons who significantly contributed to the city’s culture and development;
(4) The embodiment of distinguishing characteristics of an architectural style, period, or treatment;
(5) The identification as work of an architect or master builder whose individual work has influenced the city’s development;
(6) The embodiment of elements of architectural design, detail, materials, or craftsmanship, which represent a significant architectural innovation; and
(7) The unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, community or the city.
(B) 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 this section.
(C) Communications with Minnesota 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 Minnesota Historical Society/State Preservation Office.
(D) Public 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 heritage preservation site.
(E) City Council designation. The City Council, upon request of the Commission may by ordinance designate a heritage preservation site and make appropriate adjustments to the zoning map. Upon the approval of the heritage preservation site, the Commission shall transmit to the City Council its recommendation for the proposed program for the heritage preservation site.
(F) Planning Commission notification. The City Council shall advise the City Planning Commission of the proposed designation of a heritage preservation district, including boundaries, and a program for the preservation of a heritage preservation district. Upon City Council approval, the Planning Commission will be notified of the change in the status of the property, and the Council shall direct the Zoning Administrator to amend the map.
(G) Gifts, donations and negotiations. The Commission may recommend to the City Council that certain property eligible for designation as a heritage preservation site be acquired by gift, donation, or negotiation. The Commission may recommend that the city accept gifts and contributions made to the city. The city staff may assist in preparing applications for grant funds for heritage preservation.
(H) State and National Register of Historic Places. Any property designated to the State Register of Historic Places or the National Register of Historic Places shall automatically become designated a local historic site or district. Upon designation, the Heritage Preservation Commission shall notify the Planning Commission of the designation and recommend that the official zoning map be amended to reflect the change in status of the property or properties.
(Ord. 1040, passed 1-5-16)
§ 154.070 REVIEW OF PERMIT APPLICATIONS.
(A) Site alteration permit. A site alteration permit shall be required for any alteration of any designated heritage preservation site. The Commission shall review the city’s issuance of a site alteration permit in a heritage preservation site in the City of Waseca. In addition to any other specifics the Zoning Administrator may require, the site alteration permit application shall be accompanied by detailed plans including a property plan, building elevations and design details and materials as necessary to evaluate the request. The Commission may ask for additional plans and details they feel necessary to evaluate the permit. Besides the site alteration permit, regular city permits shall be required. Once the Commission has reviewed the permits according to division (F) of this section, recommendation for approval or disapproval will be made to the City Council. Recommendation for approval or disapproval of the site alteration permit by the City Council will be accompanied with specific reasons/findings why the alterations meet or do not meet the city’s approved design guidelines and standards for reasonable rehabilitation related to the particular building or preservation site. The following are subject to a site alteration permit:
(1) Painting, changes to architectural details and other related exterior alterations;
(2) Additions or deletion of awnings, shutters, canopies, and similar appurtenances;
(3) Application or use of exterior materials of a different kind, type, color, or texture than those already in use which will substantially cover one or more sides of the structure. This provision applies to roofing as well as siding;
(4) Signs;
(5) Construction of a new building or auxiliary structure;
(6) Any addition to or alteration of an existing structure, which increases the square footage in the structure or otherwise alters its size, height, contour, or outline;
(7) Change or alteration of a structure’s architectural style;
(8) Alteration of a roofline; and
(9) Demolition in whole or in part. This does not apply to structures required to be demolished in accordance with M.S. Chapter 463.
(B) City actions. The Commission shall review and make recommendations to the City Council concerning city activity that could change the nature or appearance of a heritage preservation site.
(C) Preservation program. All decisions of the Commission with respect to this section shall be in accordance with the approved program for the rehabilitation of each heritage preservation site. The Secretary of the Interior’s Standards for Treatment of Historic Properties shall be used as a guide in the evaluation of applications for site alteration permits as follows:
(1) A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships;
(2) The historic character of a property will be retained and preserved. The removal of distinctive materials or alterations of features, spaces, and spatial relationships that characterize a property will be avoided;
(3) Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken;
(4) Changes to a property that have acquired historic significance in their own right shall be retained and preserved;
(5) Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved;
(6) Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement of historic features will be substantiated by documentary and physical evidence;
(7) Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used;
(8) Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken;
(9) New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale, and proportion, and massing to protect the integrity of the property and its environment; and
(10) New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
(D) Commission findings. Before making recommendation regarding permit or application required under division (A) of this section, the Commission shall make findings based on the program for preservation of the heritage preservation site in regard to the following:
(1) In the case of a proposed alteration or addition to existing buildings, the Commission shall make written findings on how the structure may be architecturally or historically affected. To be considered are the existing exterior appearances, building height, building width, depth, or other dimensions, roof style, type of building materials, ornamentation, paving, and setback;
(2) In the case of the proposed demolition of a building prior to the approval of demolition, the Commission shall make written findings on the following:
(a) Architectural and historic merit of the building;
(b) The effect on surrounding buildings;
(c) The effect on any new proposed construction on the remainder of the building (in case of partial demolition) and on surrounding buildings; and
(d) 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 or buildings; and
(3) In the case of a proposed new building, the Commission shall make written findings on how the building will in itself, or by reason of its location on the property, materially affect the architectural or historic value of buildings on adjacent sites or in the immediate vicinity within the heritage preservation site.
(E) City Council decision. The Council shall consider the request(s) in light of the criteria listed above and render a decision. In approving an application, the Council may impose conditions on the approval as are deemed appropriate to ensure compliance with the approval and to protect adjacent properties. Denial of any request shall be accompanied by findings of fact as to how the request did not meet one or more of the review criteria. (Ord. 974, passed 11-1-11; Am. Ord. 1040, passed 1-15-16)