Pursuant to the powers set forth in Minn. Stats. Ch. 84C, the City Council of the City of Wayzata hereby declares as a matter of public policy that the preservation, protection, perpetuation and use of areas, places, buildings, structures, districts, or objects having a special historical, community or aesthetic interest or value will promote the health, prosperity, and welfare of the community. The purpose of this Ordinance is to enlist the cooperation of the property owners in the City to:

A.

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

B.

Protect and enhance the City of Wayzata's appeal and attraction to residents, visitors and tourists, and to serve as a support and stimulus to business and industry;

C.

Enhance the natural, visual and aesthetic character, diversity and interest of the City of Wayzata;

D.

Foster civic pride in the history, beauty, and notable accomplishments of the people and places that have helped shape the City of Wayzata; and

E.

Promote the preservation and continued use of historic sites and structures for the education and general welfare of the people who live and work in or visit the City of Wayzata.

As used herein, "Heritage Preservation Site" shall mean any area, place, building, structure, land, district, or object which has been duly designated as a Heritage Preservation Site pursuant to Section 911.04 of this Ordinance.

A.

Members. There is hereby created and established a City of Wayzata Heritage Preservation Board, hereinafter called the "Board" which shall consist of five voting members of whom a minimum of three shall be residents of the City, appointed by the City Council. All members should possess some knowledge or deep interest in historic preservation whether through education, professional training or devotion to the subject. The chair of the Planning Commission or his/her designate shall serve as an ex-officio non-voting member of the Board.

B.

Terms of Office. The City Council will initially designate two appointees to serve a term of one year and three appointees to serve a term of two years. All subsequent appointments shall be for a term of two 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 was made. Members shall serve without compensation and shall continue to hold office until their successors have been appointed.

C.

Organization. The Board shall elect from its members, such officers as it may deem necessary. The Board, when necessary, shall have the responsibility to designate and appoint from its members various committees. The Board shall make such rules and regulations as it may deem advisable and necessary for the conduct of its affairs, for the purpose of carrying out the intent of this Ordinance, which are not inconsistent with the laws of the City of Wayzata and the State of Minnesota. The Board shall make an annual report to both the City Council and the Planning Commission, in February, containing a statement of its activities and plans.

D.

Additional Responsibilities and Duties of the Board. The Board shall have the following responsibilities and duties in addition to those otherwise specified in this ordinance:

1.

The Board shall conduct a continuing survey of all areas, places, buildings, structures, districts, or objects in the City of Wayzata which the Board, on the basis of information available to it, has reason to believe are significant to the cultural, natural, social, economic, political, visual, or architectural history of the City of Wayzata;

2.

The Board shall continually survey all areas of the City to determine needed and desirable improvements of older buildings throughout Wayzata, acting in an advisory capacity to owners of historically significant sites regarding their preservation, restoration and rehabilitation;

3.

The Board shall work for the continuing education of Wayzata's residents with respect to the civic, natural, and architectural heritage of the City and to protect and enhance the City's appeal and attraction to residents, visitors and tourists, and to serve as a support and stimulus to business and industry;

4.

The Board shall keep current a public register of designated and proposed Heritage Preservation Sites and areas, along with the plans and programs that pertain to them;

5.

The Board shall have the authority to accept monetary gifts made to the City (to be administered by City Staff) for the purpose of historical preservation, including preparing applications for heritage preservation grant funds. Other types of gifts such as land, easements, etc. are subject to the approval of the City Council;

6.

The Board may accept the services of technical experts and such persons as may be required to perform duties, as authorized by the City Council; and

7.

The Board may on a continuing basis collect and review city planning and development records, documents, studies, models, maps, plans and drawings to be entered into the Wayzata Public Library Historical Archives as a permanent record of city history and development.

A.

Documentation. The Board shall recommend to the Planning Commission areas, places, buildings, structures, districts, or objects to be designated as Heritage Preservation Sites. Documentation for the designation should include at least one of the following:

1.

National Register of Historical Places. A site application approved by the National Park Service under the National Preservation Act of 1966.

2.

Preservation Easement. Fully executed in a form acceptable to the Board and recordable in the Hennepin County land records.

3.

Historical Planning Report. Prepared by a historic preservation consultant whose professional qualifications are satisfactory to the Board.

B.

Criteria. In considering the designation of a Heritage Preservation Site, the Board shall apply the following criteria regarding the proposed site:

1.

Its character, interest, or value as part of the development heritage or cultural characteristics of the City of Wayzata or the State of Minnesota;

2.

Its location as a site of significant historic event;

3.

Its embodiment of distinguishing characteristics of an architectural style, period, form or treatment;

4.

Its identification with a person or persons who have significantly contributed to the culture and development of the City of Wayzata or the State of Minnesota;

5.

Its identification as work of an architect or master builder whose individual work has influenced the development of the City of Wayzata or the State of Minnesota;

6.

Its embodiment of elements of architectural design, detail, materials, or craftsmanship which represent a significant architectural innovation; and

7.

Its unique location, natural attributes or singular physical characteristic representing an established and at one time or now familiar visual feature of a neighborhood, a community, the City, a region, or the State of Minnesota.

C.

Planning Commission Review and Hearings. The Board shall make recommendations to the Planning Commission of the proposed designation of a Heritage Preservation Site, including boundaries, and shall work jointly with the Planning Commission with respect to the relationship of the proposed Heritage Preservation Site to the Comprehensive Plan of the City of Wayzata. The Planning Commission shall express its opinions as to the effects of the proposed designation upon the surrounding neighborhood, and upon the City's Comprehensive Plan, and shall submit to the City Council its recommendation of approval, denial, or modifications to the proposed designation.

The Board's recommendation shall become part of the Planning Commission's official record and shall be submitted by the Planning Commission to the City Council, along with the Planning Commission's recommendations concerning the proposed designation.

Prior to recommending the designation of a Heritage Preservation Site, the Planning Commission shall hold a public hearing and seek the comments of all concerned citizens. Prior to such hearing the Planning Commission shall cause to be published in the City's official newspaper notice of the hearing at least ten days prior to the date of the hearing. Notice of said hearing shall be sent to all owners of the property proposed to be designated a Heritage Preservation Site and to all property owners within 50 feet of the boundary of the area proposed to be designated a Heritage Preservation Site. The notice shall contain an explanation for the proposed designation, a clear description of the property designated, and a short description of the justification for the proposed designation and a time and place for the meeting.

D.

City Council Action. The City Council, upon request of the Board and the Planning Commission, or at its own instigation, may by resolution designate a Heritage Preservation Site. When the City Council is reviewing a proposed designation, it shall approve, deny, or may make such modifications, changes and alterations based on the recommendations of the Board and Planning Commission or its own findings, and the standards set forth in Subsection 4.

E.

Voluntary Nature. No Heritage Preservation Site shall be so designated without the voluntary, written consent of the owner of the site at the time of designation. A designation is binding upon all future owners of the property unless the designation is removed as provided in Section 911.06. Notwithstanding the foregoing, nothing in this Section shall limit the rights of the City to acquire any property by gift, negotiation or eminent domain, and to thereafter designate the property as a Heritage Preservation Site in accordance with this ordinance.

A.

Identification Plaque. Those sites having been designated as Heritage Preservation Sites by the City Council shall be awarded a numbered plaque to be displayed on the exterior of the site in full public view. The plaque shall remain the property of the City. The Board shall recommend removal of such plaque should the site or structure be so altered as to destroy the historic integrity of the specific criteria that was used to justify the designation of the respective site.

B.

Filing of Document. The office of the City Clerk shall record the designation/preservation easement of areas, places, buildings, structures, districts, or objects as Heritage Preservation Sites with the Hennepin County Recorder or the Hennepin County Registrar of Titles and shall transmit a copy of the recording document to all appropriate City departments.

C.

Site Alteration Permit. Once a property has been designated as a Heritage Preservation Site, the owners of said property must apply for a Site Alteration Permit from the City Council in order to make any of the following changes to the site:

1.

Remodel, alter or repair in any manner, including paint color, which will change the exterior appearance of the Heritage Preservation Site.

2.

New exterior construction.

3.

Signs.

4.

Moving of buildings.

5.

Demolition in whole or in part. This does not apply to structures required to be demolished in accordance with Minn. Stats. Ch. 463.

The application for a Site Alteration Permit must be accompanied by detailed plans including a site plan, building elevations, and design details and materials as deemed necessary by City staff to evaluate the request. Besides the Site Alteration Permit the regular City Permits shall be required.

The Secretary of Interior's Standards for Rehabilitation as set forth in 36 CFR 67 will be the basis for a Site Alteration Permit application. The Building Official will not issue a Site Alteration Permit if the City Council finds that the change(s) will materially impair the historical integrity of the specific criteria that was used to justify the designation of the respective site.

The City Planner will review the Site Alteration Permit application and provide comments to the Board who shall make recommendations to the Planning Commission. The Planning Commission shall hold a public hearing and make recommendations to the City Council. Prior to such hearing the Planning Commission shall cause to be published in the City's official newspaper notice of the hearing at least ten days prior to the date of the hearing. Notice of said hearing shall be sent to all owners of the Heritage Preservation Site, all property owners within 500 feet of the boundary of the Heritage Preservation Site and the President of the Wayzata Historical Society. The notice shall contain a description of the proposed changes to the Heritage Preservation Site.

When the City Council is reviewing a Site Alteration Permit, it shall approve, deny, or make such modifications, changes and alterations based on the recommendations of the Board and Planning Commission, and its own findings.

In emergency situations, where immediate repair or demolition is needed to protect the safety of a Heritage Preservation Site or its inhabitants, the Building Official may issue a building or demolition permit without a Site Alteration Permit. In the case of a permit issued pursuant to this Paragraph, the Building Official shall immediately notify the Board, in writing, of its action and specify the facts and conditions constituting the emergency situation. The Board will have 30 days in which to review any emergency repairs and make its recommendations to the Planning Commission as to whether any additional repairs or modifications will be needed in order to bring the Heritage Preservation Site in to compliance with this ordinance.

Any violation of, or neglect to comply with, the provisions of this Paragraph on the part of any person, or any neglect or refusal of any owner or occupant of any premises to allow said property to be examined as herein provided, and the same to be cleaned, repaired, reconstructed, or abandoned shall be a violation of this Code, and said person shall be guilty of a misdemeanor in accordance with Chapter 104 of the City Code. In addition, the City Council or its agents reserves the right to either require the property owner to restore the property to its historic state or enter the property to make the necessary changes, and assess the costs to the property owner.

(Ord. 807 [8-26-2021])

A property owner can petition to have the designation as a Heritage Preservation Site removed or a preservation easement extinguished. The property owner must state the reasons for requesting this action and provide information supporting such reasons. The City Council reserves the right to have the property inspected by the City Building Official and/or other consultants to validate these reasons. Reasons for requesting such removal/extinguishment may include, but are not limited to, that the site is no longer historically significant, or that retaining the designation/preservation easement would create an unforeseen economic hardship. In the event unforeseen economic hardship is offered as a reason, the property owner must provide data sufficient to establish such economic hardship and evidence that the site has been advertised for sale for restoration or reuse, and that sale for restoration or reuse is not economically feasible.

Prior to the removal of a site designation/extinguishment of a preservation easement, the Board shall make recommendations to the Planning Commission and the Planning Commission shall hold a public hearing and seek the comments of all concerned citizens. The public hearing and publication notice requirements shall be the same as for a Designation Hearing.

The Board's recommendation shall become part of the Planning Commission's official record along with the Planning Commission's recommendation to the City Council concerning the proposed removal of a site designation/extinguishment of a preservation easement.

The City Council can choose to approve or deny any proposed removal of a site designation/extinguishment of a preservation easement, as it deems necessary after consideration of:

A.

The recommendation of the Board and Planning Commission;

B.

Information supplied by the property owner;

C.

Other information deemed relevant by the City Council; and

D.

The public policy and purpose of this Ordinance. Approval for removal of a site designation/extinguishment of a preservation easement requires a simple majority of the City Council.

The guidelines for limitations of the Board are given below:

A.

The Board is an advisory committee to the Planning Commission and City Council and therefore shall have no power to bind the City by contract or otherwise.

B.

The Board shall have no communication or make application to the National Register or to the State of Minnesota, or encourage others to do so, for the designation of a historic site or district without the consent of the City Council.