Document containing language from two versions of a proposed heritage preservation ordinance.

1. This is an overview of the two differing versions of the Heritage Preservation Ordinance.
Language highlighted in red depicts Historic Preservation Commission language that is not
found in the Rochester Alliance for Responsible Preservation draft. Language highlighted in
green depicts Rochester Alliance for Responsible Preservation language not found in the
Heritage Preservation Commission Draft.
As the “custodian” of the City’s ordinances, the City Attorney reserves the right to make stylistic,
grammatical, and non-substantive changes to improve the reading and understanding of the
ordinance, and to avoid conflicts or repetition with the Home Rule Charter. For that reason,
language in either draft that address term limitations, amendments, staggered terms, and
the plural version of a singular noun have been revised or eliminated.
TLA
ORDINANCE NO. ____
AN ORDINANCE CREATING AND ENACTING CHAPTER
19B OF THE ROCHESTER CODE OF ORDINANCES,
AND REPEALING SECTIONS 19.01 AND 19.02 OF THE
ROCHESTER CODE OF ORDINANCES, RELATING
TO THE HERITAGE PRESERVATION COMMISSION.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:
Section 1. Chapter 19B of the Rochester Code of Ordinances is hereby created and
enacted to read as follows:
CHAPTER 19B
HERITAGE PRESERVATION COMMISSION
19B.01. Declaration of Public Policy and Purpose. Subdivision 1. The
Common Council hereby declares as matter of public policy that the preservation,
protection, perpetuation, promotion, and use of buildings, structures, lands, districts, and
objects having a special historical , community, or aesthetic interest or value is a public
interest and promotes our community’s general welfare. To this end, the Heritage
Preservation Commission is created and charged with the responsibility for
facilitation preservation of Rochester’s heritage.
Subd. 2. The purposes of this ordinance are as follows:
A. Safeguard the heritage of the City of Rochester by encouraging the
preservation of properties that reflect elements of the City’s cultural,
social, economic, political, visual, or architectural history;
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2. B. Enhance the City of Rochester’s appeal and attraction to residents,
visitors, and tourists while promoting its economic viability through
the protection and promotion of its unique character as related to
its history and heritage;
C. Enhance the visual and aesthetic character, diversity, and interest
of the City of Rochester;
D. Foster civic pride in the beauty and notable accomplishments of
the past;
E. Promote the preservation and continued use of historic properties
for the education and general welfare of the people of the City of
Rochester;
F. Promote the environmental benefits of adapting and reusing
buildings;
G. Provide educational opportunities on heritage preservation; and
H. Reflect the history of the many groups that make up the rich heritage of
Rochester. In keeping with the diversity of Rochester, the City will
strive to recognize buildings, structures, lands, districts, and objects
that reflect the heritage of specific groups.
19B.02. Definitions. Subdivision 1. The term “Heritage Preservation Site”
means any building, structure, land, district, or object that have been duly designated
as a Heritage Preservation Site pursuant to section 19B.04.
Subd. 2. The term “National Register of Historic Places” means the nation’s
official list of properties worthy of preservation designated by the United States
Department of Interior, National Park Service. Nominations of properties within
Minnesota to this list are made through the auspices of the State Historic
Preservation Officer, Minnesota Historical Society.
Subd. 3. The term “Secretary of the Interior’s Standards for Treatment of
Historic Properties” means standards promulgated by the U.S. Secretary of the Interior,
found at 36 C.F.R. 68 and any amendments thereto, establishing guidelines for the
preservation, rehabilitation, restoration, and reconstruction of historic properties, used
in this ordinance as the basis for guidelines by which any proposed Significant
Alterationshall may be evaluated.
Subd. 4. The term “Historic District” means a geographically defined area
possession a significant concentration, linkage, or continuity of sites, buildings, structures,
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3. or objects united by past events or aesthetically by plan or physical development. Any
historic district shall also include a list of the elements that contribute to the historic
significance of the district. Only the contributing elements of a historic district shall
be subject to this ordinance.
Subd. 5. The term “Significant Alteration” means any of the following
activities:
A. For structures, it includes an alteration of a building
requiring a demolition permit under the State Building
Code, or a change in the height, location, or footprint of
the structure as it existed at the time of
designation.
B. For archeological and other non-structural sites, it includes any
change requiring a grading permit under this Code, or any
change involving an increase in impervious surface, increased
disturbance of existing vegetation, or changes in vegetation
type as classified in the Minnesota Land Cover
Classification System.
19B.03. Heritage Preservation Commission Established. Subdivision 1.
There is hereby established a City of Rochester Heritage Preservation Commission
(“Commission”).
Subd. 2. The Commission shall consist of 11 9 voting members to be
nominated by the Mayor and appointed by the Common Council (“Council”).
A. Any member appointed to serve on the Commission shall
be a resident of the City of Rochester and shall have a
demonstrated experience in historic preservation or be engaged
in a preservation-related profession, including the professions
of history, architecture, architecture history, archaeology,
planning, real estate, design, building trades, landscape
architecture, or law. One member of the Commission must be
a designated representative of the History Center of Olmsted
County, if available, pursuant to Minnesota Statutes
§471.193, subd. 5.
B. The Mayor shall endeavor to nominate at least one
representative from a medical institution and one member
who is engaged in the land development or building
industry.
A. One member of the Commission shall be an architect with a
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4. demonstrated interest and specific experience in historic architecture,
one shall be a realtor having not less than five years of continuous
professional real estate experience in the Rochester area, one shall be
a member of the Olmsted County Historical Society or successor
organization, one a member of the land/property development industry
in the City of Rochester, one an employee or otherwise affiliated
individual from the Mayo Clinic and the remaining four members shall
be property owners residing within the City of Rochester at the time of
appointment. When making appointments, the Council shall identify
each appointee to the qualification, which such person is intended to
represent on the Commission. All members of the Commission shall
be Rochester residents. The Council shall fill any vacancy on the
Commission based upon the same criteria used to appoint the
departing member.
Subd. 3. Commission members shall serve staggered three-year terms.
A. Upon creation of the Commission, ___ members will be
appointed for a term of three years each. ___ members will be
appointed for a term of two years each. ____ members will
be appointed for a term of one year each. Each initial term
of office shall expire on December 31st of the year the term is
scheduled to expire. All subsequent appointments will be
made for three year terms. All members shall serve until
their successors have been appointed and qualified.
B. Within 45 days of a vacancy, the Mayor shall nominate a
successor for approval by the Common Council to fill the
unexpired term of the office. If a vacancy occurs in a term
with less than 45 days remaining, the Mayor may allow the
term to expire without nominating a successor.
Subd. 4. Members will not receive a salary compensation for their
services, but may be compensated for any approved expenses incurred in the
performance of their duties in accordance with guidelines established by the
Council.
Subd. 5. The Commission shall meet at least four times a year. The
Commission shall hold its first meeting within 45 days after the day this Chapter
becomes effective. At the first meeting, the members shall adopt rules concerning
the following business:
A. Time, dates, and places of future meetings;
B. Election of Officers; and
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5. C. Voting and quorum requirements.
Subd. 6. The Commission shall elect from its members such officers as it
may deem necessary. The Commission shall have the power to designate and appoint
from its members various committees. The Commission shall make such rules as it
may deem advisable and necessary for the conduct of its affairs and for the purpose
of carrying out the intent of this chapter.
19B.04. Commission Reports and Duties. Subdivision 1. The
Commission shall be responsible for the following reports:
A. An annual report shall be prepared by October
31st of each year in accordance with Minn. Stat.
§471.193, subd. 6 for submission to the Minnesota State
Historic Preservation Office with a copy delivered to the City
Administrator for delivery to the Common Council.
B. An updated list of all buildings, structures, lands, districts, or
objects which have been designated as Heritage
Preservation Sites.
C. An updated catalogue of all known publications, articles, books,
pamphlets, policies, or other materials having a direct bearing
on the City’s Heritage Preservation Program shall be kept
and made reasonably available by City staff.
Subd. 2. The Commission shall have the following duties:
A. The Commission shall serve as an advisory body to the Mayor and
Council on matters of historic preservation making recommendations
to the Council regarding buildings, structures, lands, districts, and
objects to be designated as a Heritage Preservation Site.
B. The Commission shall make recommendations to the Council on
the removal of sites as Heritage Preservation Sites.
C. The Commission shall direct the Planning Director/Building Safety
Official to issue, to issue with conditions, or to deny Site Alteration
Permits.
D. The Commission shall maintain an ongoing process to survey and
inventory historic buildings, structures, lands, districts, and
objects.
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6. E. The Commission shall promote the preservation and continued use
of historic properties for the education and general welfare of the
people of Rochester.
F. The Commission shall promote the environmental benefits of
adapting and reusing buildings.
G. The Commission shall provide educational opportunities on
heritage preservation.
H. The Commission shall provide information to property owners of sites
identified as Heritage Preservation Sites regarding the site
characteristics warranting designation and desirable steps to
maintain those site qualities.
I. The Commission shall recommend to the City the acceptance of
gifts and contributions made to the City.
J. The Commission shall assist the City staff in the preparation of
applications for grant funds to be made through the City for the
purpose of heritage preservation.
K. The Commission shall cooperate and coordinate with the State Historic
Preservation Office to assure that duplication of services is avoided
and that their mutual cooperation and joint ventures strengthen the
preservation of the City’s heritage and history.
L. The Commission shall assist property owners with locating financial
assistance programs to fit their proposed project.
The Commission shall assist Historic Preservation Site owners and
stakeholders in the procurement of tax credits, deductions, and
financial incentives as provided by local, State, and federal
agencies, organizations and funds.
19B.05. Designation of Heritage Preservation Sites. Subdivision 1.
Recommendation on Designation of Heritage Preservation Sites. The Heritage
Preservation Commission shall recommend sites to the Council for designation as
Heritage Preservation Sites. Sites to be considered for designation may be initiated
either by the Commission or the Council or the site owner. The Commission shall
make its recommendations reflecting the following criteria:
A. Its character, interest, or value as part of the development,
heritage, or cultural characteristics of the City, the State or
the United States;
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7. B. Its location as a site of a significant historic event;
C. Its location within and contribution as an element of an
historic district;
D. Its identification with a person who significantly contributed
to the culture and development of the City;
E. Its embodiment of distinguishing characteristics of an
architectural style period, form, or treatment;
F. Its identification as the work of an architect or master builder
whose individual efforts have influenced the development of
the City or have contributed to the development of a
nationally or internationally-recognized style or movement;
G. Its embodiment of elements of architectural design, detail,
material, or craftsmanship that represent a significant
architectural innovation; or
H. Its location, scale, or other physical characteristics
representing an established and familiar visual feature or a
neighborhood, a district, the community, or the City.
Subd. 2. The state of repair, condition, and quality of construction of a
structure recommended for designation as a Heritage Preservation Site must be such
that maintaining its current use or establishing an adaptive reuse of the structure is
economically feasible.
Subd. 3. In accordance with Minn. Stat. §471.193, the Commission shall
send to the Minnesota Historical Society/State Historic Preservation Office any proposed
designation of a Heritage Preservation Site. The Commission may make such
modifications concerning a proposed designation as it deems necessary in consideration
of the comments of the Minnesota Historical Society/State Historic Preservation Office.
Prior to the Commission recommending to the Council any building, structure, land,
district, or object for designation as a Heritage Preservation Site, the Commission shall
hold a public hearing and seek the recommendations of all concerned citizens. Prior to
such hearing, the Commission shall cause to be published in the City’s official newspaper
a notice of the hearing at least ten days prior to the date of the hearing, and notice of the
hearing shall be mailed no less than 30 days before the day of the hearing to all owners of
record of the property proposed to be designated as a Heritage Preservation Site and to
all owners of property situated wholly or partly within 500 feet of the Heritage
Preservation Site. The Commission may make such modification concerning the
proposed designation recommendation as it deems necessary in consideration of
citizens’ comments. The Commission, in arriving at its recommendation, must give
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8. the property owner’s position and arguments great weight and deference.
Subd. 4. The Commission shall forward the proposed designation to the
Council with a recommendation either to designate or not to designate the site as a
Heritage Preservation Site. The Commission must make written findings addressing
the criteria found in subdivision 1 and based upon evidence received at a public
hearing and by referral.
The Commission may recommend to the Council that a site be
designated as a Historic Preservation Site as determined by the criteria specified in
subdivision 1 of this section and based on evidence received at hearings and by referral.
Each recommendation submitted shall be accompanied by specific findings of fact and
supporting documentation and/or testimony transcript as a means of creating
opportunity for public comment on the recommendation.
Subd. 5. Upon request of the Commission, the Council, not less than 35
days following but within 60 days of the Commission hearing, may designate a Heritage
Preservation Site following a hearing with notice provided by publication once in the
official newspaper at least ten days before the day of the hearing and notice of the hearing
shall be mailed no less than 30 days before the day of the hearing to all owners of record
of the property proposed to be designated as a Heritage Preservation Site. In the event
the property owner objects to said designation, the owner shall set forth in writing specific
reasons for the objection which shall be submitted to the Commission and the Council
within 20 days of being notified of the Commission’s Findings and Recommendation. In
the event of such objection, a designation shall require a two-thirds majority vote of all
members of the Council. In the event there is no objection to said designation by the
property owner, the Council shall act by a majority vote of all members.
Upon the request of the Commission, the Council, not less than 35
days following but within 60 days of the Commission presenting its recommendation, may
designate a Heritage Preservation Site upon affirmative vote of a majority of the Council’s
elected members, following a hearing with notice provided by publication once in the
official newspaper at least 10 days before the date of the hearing and with mailed notice
sent to all owners of land situated wholly or partly within 500 feet of the outer
perimeter of the subject property, subject to subdivision 6 of this section.
Subd. 6. Property Owner Consent Required.
A. Subject only to the provisions of subdivision 6(B), the Commission shall
not accept nor shall the Council approve an application to designate
any structure, building, site, object, or parcel of real property as a
Historic Preservation Site under this chapter without the written
consent of the owner thereof.
B. The Commission shall not accept nor shall the Council approve an
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9. application to designate any area as a Historic Preservation Site
without the written consent of the owners of properties which account
for more than 75% of the assessed valuation and more than 75% of
the number of legal ownership parcels in the area proposed for
designation.
C. The Council shall exclude from any area proposed for designation as a
district any property whose owner files with the City Clerk a written
request for such exclusion on or before the date of the public
hearing before the Council.
19B.06. Site Alteration Permit. Subdivision 1. A Site Alteration Permit
shall be required for Significant Alteration of any designated Heritage Preservation Site.
Initiating a Significant Alteration without a Site Alteration Permit shall be considered
a violation of this chapter subject to emergency repair exceptions as provided in section
19B.09. The permit issuer shall follow the guidelines and requirements currently included
within the permitting process for the issuance of a Site Alteration Permit with additional
attention given to the designation of the property and the characteristics upon which
the designation was based.
Subd. 2. The following standards (based on the Secretary of the Interior’s
Standards for the Treatment of Historic Properties), where applicable, shall provide
guidance for consideration of a Significant Alteration:
A. A property should be used for its historic purpose or, if placed in
a new use, should require minimal change to the defining
characteristics of the building and sensitive treatment of its
site and environment, consistent with the adaptive reuse
provisions of this Code.
B. The historic character of a property should be retained and
preserved. The removal of historic materials or alteration of
features and spaces that characterize a property should be
avoided.
C. Each property should 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 architectural elements from other buildings, should not
be undertaken.
D. Most properties change over time. Those changes that have
acquired historic significance in their own right should be
retained and preserved.
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10. E. Distinctive features, finishes, and construction techniques or
examples of craftsmanship that characterize a historic
property should be preserved.
F. Deteriorated historic features should be repaired rather than
replaced. Where the severity of deterioration requires
replacement of a distinctive feature, the new feature should
match the old in design, color, texture, and other visual
qualities and, where possible, materials. Replacement of
missing features should be substantiated by documentary,
physical, or pictorial evidence.
G. Significant archeological resources affected by a project
should be protected and preserved. If such resources must
be disturbed, mitigation measures should be undertaken.
H. New additions, exterior alterations, or related new construction
should not destroy historic materials that characterize the
property. The new work should be differentiated from the old
and should be compatible with the massing, size, scale, and
architectural features to protect the historic integrity of the
property and its environment.
I. New additions and adjacent or related new construction should
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.
Subd. 3. The information required by this subdivision shall be submitted with
any application for a Site Alteration Permit approval except for applications proposing
demolition or relocation of an entire Heritage Preservation Site. This information shall
be contained in a site plan or combination site plan/grading plan. The site plan shall
have a scale of no greater than 1”-50’.
A. Location of the project.
B. Date of the plan preparation.
C. North point and scale of the drawing.
D. Boundary lines of the property.
E. Location of critical environmental features, including lakes,
ponds, water courses, wetlands, drainageways, floodway,
floodway fringe, moderate and steep slopes.
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11. F. Information on infrastructure including:
(1) Adjacent streets with rights of way shown on site
roadways and driveways, street right of ways, fire
lanes, and access to public streets;
(2) Location of existing utilities on or adjacent to the site
and utility right-of-ways and easements including
electric, natural gas, telephone, water (domestic and
fire), sanitary sewer, and drainage and other
easements;
(3) Sidewalks, walkways, bikeways, transit facilities;
and
(4) Location of existing and proposed boulevard trees.
G. Locations and gross floor area and height of buildings,
structures, and location and area of paved areas and
parking and loading areas.
H. Landscape area, bufferyards, and planting plan, fences and
retaining walls.
I. Existing and proposed elevations with dimensions.
J. Detailed drawings showing exterior finish materials and
exterior architectural details for any new or altered exterior
surface.
Subd. 4. The Commission shall hold a public hearing whenever a Site
Alteration Permit involves relocation or complete or partial demolition of a structure. The
Commission may hold a public hearing to seek public comment on any other proposed
Site Alteration Permit. Prior to such hearing, the Commission shall cause to be published
in the City’s official newspaper a notice of the hearing at least ten days prior to the date of
the hearing, and notice of the hearing shall be mailed no less than 30 days before the day
of the hearing to all owners of record of the property proposed to be designated as a
Heritage Preservation Site and to all owners of property situated wholly or partly
within 500 feet of the Heritage Preservation Site.
Subd. 5. The Planning Director/Building Safety Official shall issue a Site
Alteration Permit when directed by the Commission to do so or within
60 45 days of receiving a completed application unless the Commission directs the
Planning Director to deny the Permit.
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12. Subd. 6. The Commission shall direct the Planning
Director/Building Safety Official to issue a Site Alteration Permit where consistent
with the intent of this chapter.
A. The Commission may direct approval of the Site Alteration
Permit as detailed in the permit application or may attach
additional conditions on permit issuance to ensure
consistency with the intent of this chapter.
B. The Commission shall direct the Planning Director to deny a
Site Alteration Permit only if it makes the following findings:
(1) The Significant Alteration will adversely affect the
architectural, cultural, or historic merit of the Heritage
Preservation Site based upon the criteria found in
section 19B.05, subd. 1, or section 19B.06, subd. 1;
or
(2) The Significant Alteration will adversely affect a
surrounding Heritage Preservation Site or District.
19B.07. Removal from Designation as Heritage Preservation
Site. Subdivision 1. At the initiative of the property owner, the Council, or the Heritage
Preservation Commission, the Council may remove a site from designation as a
Heritage Preservation Site in accordance with this section.
At the initiative of the property owner, the Council or Commission must
remove a site from designation as a Historic Preservation Site following the hearing
process identified above for designation. An action to remove a site from designation shall
require a written request from the owner of the Site to be removed describing the basis
for the owner’s decision to remove the property from designation. If the Council has
removed a site from designation, the requirement for a Site Alteration Permit is
eliminated.
Subd. 2. The Commission shall provide the Council with a recommendation
on a request to remove a site from designation as a Heritage Preservation Site. Prior to
the Commission recommending removing any building, structure, land, district, or object
from designation as a Heritage Preservation Site, the Commission shall conduct a hearing
with notice published in the City’s official newspaper at least ten days prior to the date of
the hearing and notice mailed no less than 30 days before the day of the hearing to all
owners of record of properties within 500 feet of the Heritage Preservation Site.
Subd. 3. The Commission shall forward its recommendation to the Council
either to retain a site as a Heritage Preservation Site or to remove it from designation
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13. based upon the following criteria:
A. Its character, interest, or value as part of the development,
heritage, or cultural characteristics of the City, State, or
United States;
B. Its location as a site of a significant historic event;
C. Its location within and contribution as an element of an
historic district;
D. Its identification with a person who significantly contributed
to the culture and development of the City of Rochester;
E. Its embodiment of distinguishing characteristics of an
architectural style period, form, or treatment;
F. Its identification as the work of an architect or master builder
whose individual efforts have influenced the development of
the City of Rochester or have contributed to the development
of a nationally or internationally-recognized style or
movement;
G. Its embodiment of elements of architectural design, detail,
material, or craftsmanship that represent a significant
architectural innovation;
H. Its location, scale, or other physical characteristics
representing an established and familiar visual feature of a
neighborhood, a district, the community, or the City.
I. The state of repair, condition, and quality of construction of
the structure, if applicable; and,
J. The economic feasibility of maintaining its current use or
establishing an adaptive reuse of the structure.
Subd. 4. The Council, not less than 35 days following but within 60 days of
the Commission hearing, shall conduct a public hearing with notice provided by
publication once in the official newspaper at least ten days before the date of the hearing
and with mailed notice sent to all owners of land situated wholly or partly within 500 feet of
the outer perimeter of the subject property. The Council’s decision shall be accompanied
by findings addressing the criteria found in subdivision 3. An action to remove a site from
designation shall require an affirmative vote by a majority of all members of the Council if
the Commission recommends in favor of removal from designation. An action to remove a
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14. site from designation shall require a two-thirds majority vote of all members of the Council
if the Commission recommends against removal from designation. If the Council
approves a request to remove a site from the Heritage Preservation Site designation,
the Site Alteration Permit requirement for that site is
eliminated.
19B.08. Preservation Program. Subdivision 1. The Commission may
provide recommendations to property owners of Heritage Preservation Sites regarding the
site characteristics warranting designation and desirable steps to maintain those site
qualities. Such recommendations shall be based on the Secretary of the Interior’s
Standards for Treatment of Historic Properties existing at the time of the
recommendations.
Subd. 2. Those site that have been designated as Heritage Preservation
Sites by the Council may be awarded a numbered plaque to be displayed on the exterior
of the site in full public view with the owner’s consent. The plaque is to remain the
property of the city and shall be removed by the Commission should the site be
altered as to destroy the site’s historic integrity.
Subd. 3. Where adaptive reuse is approved under the provisions of this
Code, the Council may require a development agreement committing the applicant to
preserving the site in good repair and condition, and providing for mechanisms to
ensure implementation.
Subd. 4. The owner of a structure designated as a Heritage Preservation
Site shall have an obligation to secure the site from intrusion or damage from weather
and to maintain the site in a state of good repair. Failure to secure and maintain a
site shall be considered a violation of this chapter except in the event that doing so
places an undue economic hardship on the owner of the Historic Preservation Site.
This subdivision shall not be construed so as to decrease or abrogate the
requirements placed upon a property by the Rochester building ordinances now
existing. The owner of the property shall be deemed to have met the standards of this
section if the structure is in compliance with the following standards:
A. Foundations, Exterior Walls and Surfaces, Roofs. Every
foundation, chimney, exterior wall and surface, and roof shall
be weathertight, watertight, rodent-proof and insect-proof,
and shall be kept in a workmanlike state of maintenance
and repair.
(1) The foundation elements shall support the building
at all points.
(2) Every exterior all shall be free of holes, breaks, loose or
rotten boards or timbers, and any other condition which
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15. might admit rodents, rain, or dampness to the interior
portions of the walls or to the interior space of the
structure.
(3) The roof shall be tight and have no defects which admit
rain or other forms of moisture. Roof drainage shall
be such that it prevents rain water from causing
dampness in the walls.
(4) All exterior surfaces shall be of a material manufactured
and processed specifically for use in a weather-exposed
location, including roofing, exterior painted wood,
masonry, exposed redwood and other naturally suitable
materials. Exterior walls shall be maintained and kept
free from dilapidation, including those conditions caused
by extensive cracks, tears, or breaks and by
extensively deteriorated plaster, stucco, brick, wood
or other materials or combinations of materials.
(5) The exposed surface of exterior walls on a building
above ground level shall be maintained in good repair
so as to provide both sufficient covering and sufficient
protection of the surface underneath against its
deterioration. Without limiting the generality of this
section, an exposed surface of a building shall be
deemed not to be in workmanlike state of
maintenance and not to be in good repair if either or
both of the following conditions exist:
(a) The painted surface area is blistered, cracked,
flaked, scaled, or chalked away, and such
condition extends over more than 25 percent of
the surface area of any plane or wall or other
area, including window trim, cornice members,
porch railings, and other such areas; or
(b) More than ten percent of the pointing of any
masonry chimney or more than 25 percent of
the pointing of any masonry wall is loose, has
fallen out, or otherwise does not exist.
B. Continuance of Required Services, Facilities, Equipment or
Utilities. The owner or operator of a Heritage Preservation Site
shall maintain connection to and continuity of service to any
service, facility, equipment or utility which is required to be
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16. supplied to maintain the use of the property, except for such
temporary interruption as may be necessary while actual
repairs, replacements, or alterations are in process of
being made.
C. The requirement of compliance with these standards applies
to a designated site whether it is a residential or non-
residential structure.
19B.09. Emergency Repair. In emergency situations where immediate
repair is needed to protect the safety of a building or structure and its inhabitants, the
Building Official may approve the repair without prior Commission action. In such
cases, the Building Official shall seasonably notify the Commission within a timely
manner and specify the facts or conditions constituting the emergency situation.
19B.10. Enforcement. In the event of a violation of this chapter, the
Council shall direct the City Attorney, in addition to any other remedies, to immediately
institute civil action for injunctive relief to stop, prevent, or abate the violation and to
take such other action necessary to prevent a continuing violation.
19B.11. Repository for Documents. The Planning Department is
designated as the repository for at least one copy of all studies, reports,
recommendations, and programs required under this chapter. A second copy shall be
forwarded to the History Center of Olmsted County. These files will be maintained in
accordance with Minn. Stat.§138.17.
19B.12. Recording of Heritage Preservation Sites. The Planning
Department shall record or file with the Olmsted County Recorder the legal
description of all property designated as Heritage Preservation Sites.
Section 2. Sections 19.01 and 19.02 of the Rochester Code of Ordinances are hereby
repealed.
Section 3. This ordinance shall be effective as of the date of its
publication.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2012.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
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17. APPROVED THIS _____ DAY OF ______________________, 2012.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord1019B color overview
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