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Combined ordinance versions

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

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


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  • 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 notfound in the Rochester Alliance for Responsible Preservation draft. Language highlighted ingreen depicts Rochester Alliance for Responsible Preservation language not found in theHeritage 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 theordinance, 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, andthe 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 andenacted 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; 1
  • 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 designatedas a Heritage Preservation Site pursuant to section 19B.04. Subd. 2. The term “National Register of Historic Places” means the nation’sofficial list of properties worthy of preservation designated by the United StatesDepartment of Interior, National Park Service. Nominations of properties withinMinnesota to this list are made through the auspices of the State HistoricPreservation Officer, Minnesota Historical Society. Subd. 3. The term “Secretary of the Interior’s Standards for Treatment ofHistoric 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 thepreservation, rehabilitation, restoration, and reconstruction of historic properties, usedin this ordinance as the basis for guidelines by which any proposed SignificantAlterationshall may be evaluated. Subd. 4. The term “Historic District” means a geographically defined areapossession a significant concentration, linkage, or continuity of sites, buildings, structures, 2
  • 3. or objects united by past events or aesthetically by plan or physical development. Anyhistoric district shall also include a list of the elements that contribute to the historicsignificance of the district. Only the contributing elements of a historic district shallbe subject to this ordinance. Subd. 5. The term “Significant Alteration” means any of the followingactivities: 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 benominated 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 3
  • 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 theirservices, but may be compensated for any approved expenses incurred in theperformance of their duties in accordance with guidelines established by theCouncil. Subd. 5. The Commission shall meet at least four times a year. TheCommission shall hold its first meeting within 45 days after the day this Chapterbecomes effective. At the first meeting, the members shall adopt rules concerningthe following business: A. Time, dates, and places of future meetings; B. Election of Officers; and 4
  • 5. C. Voting and quorum requirements. Subd. 6. The Commission shall elect from its members such officers as itmay deem necessary. The Commission shall have the power to designate and appointfrom its members various committees. The Commission shall make such rules as itmay deem advisable and necessary for the conduct of its affairs and for the purposeof carrying out the intent of this chapter. 19B.04. Commission Reports and Duties. Subdivision 1. TheCommission 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. 5
  • 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 HeritagePreservation Commission shall recommend sites to the Council for designation asHeritage Preservation Sites. Sites to be considered for designation may be initiatedeither by the Commission or the Council or the site owner. The Commission shallmake 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; 6
  • 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 astructure recommended for designation as a Heritage Preservation Site must be suchthat maintaining its current use or establishing an adaptive reuse of the structure iseconomically feasible. Subd. 3. In accordance with Minn. Stat. §471.193, the Commission shallsend to the Minnesota Historical Society/State Historic Preservation Office any proposeddesignation of a Heritage Preservation Site. The Commission may make suchmodifications concerning a proposed designation as it deems necessary in considerationof 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 shallhold a public hearing and seek the recommendations of all concerned citizens. Prior tosuch hearing, the Commission shall cause to be published in the City’s official newspapera notice of the hearing at least ten days prior to the date of the hearing, and notice of thehearing shall be mailed no less than 30 days before the day of the hearing to all owners ofrecord of the property proposed to be designated as a Heritage Preservation Site and toall owners of property situated wholly or partly within 500 feet of the HeritagePreservation Site. The Commission may make such modification concerning theproposed designation recommendation as it deems necessary in consideration ofcitizens’ comments. The Commission, in arriving at its recommendation, must give 7
  • 8. the property owner’s position and arguments great weight and deference. Subd. 4. The Commission shall forward the proposed designation to theCouncil with a recommendation either to designate or not to designate the site as aHeritage Preservation Site. The Commission must make written findings addressingthe criteria found in subdivision 1 and based upon evidence received at a publichearing and by referral. The Commission may recommend to the Council that a site bedesignated as a Historic Preservation Site as determined by the criteria specified insubdivision 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 andsupporting documentation and/or testimony transcript as a means of creatingopportunity for public comment on the recommendation. Subd. 5. Upon request of the Commission, the Council, not less than 35days following but within 60 days of the Commission hearing, may designate a HeritagePreservation Site following a hearing with notice provided by publication once in theofficial newspaper at least ten days before the day of the hearing and notice of the hearingshall be mailed no less than 30 days before the day of the hearing to all owners of recordof the property proposed to be designated as a Heritage Preservation Site. In the eventthe property owner objects to said designation, the owner shall set forth in writing specificreasons for the objection which shall be submitted to the Commission and the Councilwithin 20 days of being notified of the Commission’s Findings and Recommendation. Inthe event of such objection, a designation shall require a two-thirds majority vote of allmembers of the Council. In the event there is no objection to said designation by theproperty owner, the Council shall act by a majority vote of all members. Upon the request of the Commission, the Council, not less than 35days following but within 60 days of the Commission presenting its recommendation, maydesignate a Heritage Preservation Site upon affirmative vote of a majority of the Council’selected members, following a hearing with notice provided by publication once in theofficial newspaper at least 10 days before the date of the hearing and with mailed noticesent to all owners of land situated wholly or partly within 500 feet of the outerperimeter 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 8
  • 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 Permitshall be required for Significant Alteration of any designated Heritage Preservation Site.Initiating a Significant Alteration without a Site Alteration Permit shall be considereda violation of this chapter subject to emergency repair exceptions as provided in section19B.09. The permit issuer shall follow the guidelines and requirements currently includedwithin the permitting process for the issuance of a Site Alteration Permit with additionalattention given to the designation of the property and the characteristics upon whichthe designation was based. Subd. 2. The following standards (based on the Secretary of the Interior’sStandards for the Treatment of Historic Properties), where applicable, shall provideguidance 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. 9
  • 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 withany application for a Site Alteration Permit approval except for applications proposingdemolition or relocation of an entire Heritage Preservation Site. This information shallbe contained in a site plan or combination site plan/grading plan. The site plan shallhave 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. 10
  • 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 SiteAlteration Permit involves relocation or complete or partial demolition of a structure. TheCommission may hold a public hearing to seek public comment on any other proposedSite Alteration Permit. Prior to such hearing, the Commission shall cause to be publishedin the City’s official newspaper a notice of the hearing at least ten days prior to the date ofthe hearing, and notice of the hearing shall be mailed no less than 30 days before the dayof the hearing to all owners of record of the property proposed to be designated as aHeritage Preservation Site and to all owners of property situated wholly or partlywithin 500 feet of the Heritage Preservation Site. Subd. 5. The Planning Director/Building Safety Official shall issue a SiteAlteration Permit when directed by the Commission to do so or within60 45 days of receiving a completed application unless the Commission directs thePlanning Director to deny the Permit. 11
  • 12. Subd. 6. The Commission shall direct the PlanningDirector/Building Safety Official to issue a Site Alteration Permit where consistentwith 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 PreservationSite. Subdivision 1. At the initiative of the property owner, the Council, or the HeritagePreservation Commission, the Council may remove a site from designation as aHeritage Preservation Site in accordance with this section. At the initiative of the property owner, the Council or Commission mustremove a site from designation as a Historic Preservation Site following the hearingprocess identified above for designation. An action to remove a site from designation shallrequire a written request from the owner of the Site to be removed describing the basisfor the owner’s decision to remove the property from designation. If the Council hasremoved a site from designation, the requirement for a Site Alteration Permit iseliminated. Subd. 2. The Commission shall provide the Council with a recommendationon a request to remove a site from designation as a Heritage Preservation Site. Prior tothe Commission recommending removing any building, structure, land, district, or objectfrom designation as a Heritage Preservation Site, the Commission shall conduct a hearingwith notice published in the City’s official newspaper at least ten days prior to the date ofthe hearing and notice mailed no less than 30 days before the day of the hearing to allowners of record of properties within 500 feet of the Heritage Preservation Site. Subd. 3. The Commission shall forward its recommendation to the Councileither to retain a site as a Heritage Preservation Site or to remove it from designation 12
  • 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 ofthe Commission hearing, shall conduct a public hearing with notice provided bypublication once in the official newspaper at least ten days before the date of the hearingand with mailed notice sent to all owners of land situated wholly or partly within 500 feet ofthe outer perimeter of the subject property. The Council’s decision shall be accompaniedby findings addressing the criteria found in subdivision 3. An action to remove a site fromdesignation shall require an affirmative vote by a majority of all members of the Council ifthe Commission recommends in favor of removal from designation. An action to remove a 13
  • 14. site from designation shall require a two-thirds majority vote of all members of the Councilif the Commission recommends against removal from designation. If the Councilapproves a request to remove a site from the Heritage Preservation Site designation,the Site Alteration Permit requirement for that site iseliminated. 19B.08. Preservation Program. Subdivision 1. The Commission mayprovide recommendations to property owners of Heritage Preservation Sites regarding thesite characteristics warranting designation and desirable steps to maintain those sitequalities. Such recommendations shall be based on the Secretary of the Interior’sStandards for Treatment of Historic Properties existing at the time of therecommendations. Subd. 2. Those site that have been designated as Heritage PreservationSites by the Council may be awarded a numbered plaque to be displayed on the exteriorof the site in full public view with the owner’s consent. The plaque is to remain theproperty of the city and shall be removed by the Commission should the site bealtered as to destroy the site’s historic integrity. Subd. 3. Where adaptive reuse is approved under the provisions of thisCode, the Council may require a development agreement committing the applicant topreserving the site in good repair and condition, and providing for mechanisms toensure implementation. Subd. 4. The owner of a structure designated as a Heritage PreservationSite shall have an obligation to secure the site from intrusion or damage from weatherand to maintain the site in a state of good repair. Failure to secure and maintain asite shall be considered a violation of this chapter except in the event that doing soplaces an undue economic hardship on the owner of the Historic Preservation Site.This subdivision shall not be construed so as to decrease or abrogate therequirements placed upon a property by the Rochester building ordinances nowexisting. The owner of the property shall be deemed to have met the standards of thissection 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 14
  • 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 15
  • 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 herebyrepealed. Section 3. This ordinance shall be effective as of the date of its publication. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OFROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2012. ___________________________________ PRESIDENT OF SAID COMMON COUNCILATTEST: __________________________ CITY CLERK 16
  • 17. APPROVED THIS _____ DAY OF ______________________, 2012. ___________________________________ MAYOR OF SAID CITY(Seal of the City of Rochester, Minnesota)Ord1019B color overview 17