ORD 94-09CITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
APPROVED SUMMARY OF ORDINANCE NO 94-9 , AMENDING THE OTSEGO
ZONING ORDINANCE TO ESTABLISH HERITAGE PRESERVATION STANDARDS.
The following is an approved summary of Ordinance No. 94-9
pursuant to Minnesota Statute 412.191, Subdivision 4. The length
of the entire ordinance is such as to prohibit full publication.
A printed copy of the ordinance is on file at the Otsego City Hall
and is available for public inspection.
The following summary clearly informs the public of the intent and
effect of the ordinance.
Section 1 of the Ordinance amends Section 20-2-2 of the City Zoning
Ordinance to add Heritage Preservation related definitions.
Section 2 of the Ordinance amends Section 20-51-1.D to establish
"HPS" Heritage Preservation Sites as special zoning districts in
the City to be superimposed on base zoning designations.
Section 3 of the Ordinance establishes the need for heritage
preservation, eligibility criteria, and various processing
requirements necessary for heritage preservation designation in the
City. The section includes the following provisions:
1. Specifies the purposes of the ordinance as reiterated below:
A. Safeguard the heritage of the City by preserving sites
and structures which reflect elements of the City's
cultural, social, economic, political, visual or
architectural history;
B. Promote the preservation and continued use of historic
sites and structures for the education and general
welfare of the people of the City;
C. Foster civic pride in the beauty and notable
accomplishments of the past;
D. Stabilize and improve City property values.
2. Establishes an advisory Heritage Preservation Commission whose
primary duty is to recommend to the Planning Commission and
City Council that an area, building, district, or site be
designated as a Heritage Preservation Site.
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3. Establishes specific criteria to aid in the determination of
eligible Heritage Preservation Sites.
4. Establishes procedural requirements for establishing such
sites including public hearing, recommendation by the Planning
Commission and final determination by the City Council.
5. Establishes procedural requirements for Heritage Preservation
Site alteration permits including optional recommendation by
the Planning Commission, and mandatory public hearing and
final determination by the City Council.
This ordinance summary approved this 27th day of June, 1994.
IN FAVOR: NORMAN F FRESKE, DOUG LINDENFELSER, RON BLACK, LARRY FOURNIER
OPPOSED: NONE (FLOYD RODEN WAS ABSENT)
ATTEST:
come Perra.ilt, City Clerk
(CITY SEAL)
PUBLISH: STAR NEWS 7/6/94
APPROVED: 6/27/94
Norma . Freske, Mayor
CITY OF OTSEGO
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CITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
ORDINANCE NO. 94-9
AN AMENDMENT TO THE OTSEGO ZONING ORDINANCE ESTABLISHING HERITAGE
PRESERVATION STANDARDS.
THE CITY COUNCIL OF THE CITY OF OTSEGO ORDAINS:
Section 1. Section 20-2-2.H of the Otsego City Code
(Definitions) is hereby amended to add the following:
Heritage Preservation Commission: The Otsego Heritage
Preservation Commission.
Heritage Preservation Site: Any area, place, building,
landmark, structure, lands, districts, or other objects which
have been duly designated heritage preservation sites pursuant
to Section 75 of this Chapter.
Section 2. Section 20-50-1.D of the Otsego City Code (Special
Zoning Districts) is hereby amended to add the following:
7. "HPS", Heritage Preservation Sites
,Section 3. Section 20-75 of the Otsego City Code is hereby
added to read as follows:
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Section:
SECTION 75
HERITAGE PRESERVATION SITES
20-75-1: Policy and Purpose
20-75-2: Authority
20-75-3: Establishment of Heritage Preservation Committee
20-75-4: Powers and Duties of the Heritage Preservation Commission
20-75-5: Designation of Historic Sites
20-75-6: Review of Permits
20-75-7: Emergency Repair
20-75-5: Repository for Documents
20-75-9: Recording of Heritage Preservation Sites
20-75-1: POLICY AND PURPOSE: The Otsego City Council finds that the
historical, archaeological, engineering and cultural heritage
of the City of Otsego is among its most important assets and
that preservation, protection, perpetuation and use of areas,
places, buildings, structures, and other objects that have
historic, aesthetic or community interest or value, benefits
the health, prosperity, education and welfare of the
community.
The purposes of this chapter are to:
A. Safeguard the heritage of the City by preserving sites and
structures which reflect elements of the City's cultural,
social, economic, political, visual or architectural history;
B. Promote the preservation and continued use of historic sites
and structures for the education and general welfare of the
people of the City;
C. Foster civic pride in the beauty and notable accomplishments
of the past;
D. Stabilize and improve City property values.
20-75-2: AUTHORITY: This chapter is enacted pursuant to the authority
granted by the provisions of Minnesota Statute 471.193.
20-75-3: ESTABLISHMENT OF HERITAGE PRESERVATION COMMISSION: The City
Council shall appoint an advisory commission to be known as
the Otsego Heritage Preservation Commission. Membership
qualification, terms and bylaws of such Commission shall be
established by City Council resolution. Commission members
must be persons with demonstrated interest and expertise in
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historic preservation and must reside within the City of
Otsego. The Heritage Preservation Commission shall include,
if available, a member of the Wright County Historical
Society.
20-75-4: POWERS AND DUTIES OF THE HERITAGE PRESERVATION COMWISSION:
A. The Heritage Preservation Commission may recommend to the
Council after review and recommendation by the City Planning
Commission, that certain property eligible for designation as
a Heritage Preservation site be acquired by gift, negotiation
or by eminent domain as provided for in Chapter 117 of
Minnesota Statutes.
B. The Heritage Preservation Commission, upon approval by the
City Council, shall have the following powers and duties:
1. To conduct a continuing survey of all areas, places,
buildings, structures or similar objects in the City of
Otsego which the commission, on the basis of information
available or presented to it, has reason to believe are
or will be eligible for designation as heritage
preservation sites.
2. To work for the continuing education of the citizens of
Otsego with respect to the historic and architectural
heritage of the City. It shall keep current and public
a register of designated heritage preservation sites and
areas.
3. To accept the services on a permanent or part-time basis
of technical experts and such other persons as may be
required to perform its duties.
4. To solicit gifts and contributions to be made to the City
and to assist in the preparation of applications for
grant funds to be made to the City for the purpose of
heritage preservation.
5. The Heritage Preservation Commission shall make no
application to the National Register or to the Minnesota
Historical Society for the designation of a historic site
or district without the consent of the City Council.
20-75-5: DESIGNATION OF HISTORIC SITES:
A. Site Application: Heritage preservation sites shall be
applied to and superimposed upon all zoning districts
contained herein as existing or amended by the zoning
ordinance text and official zoning map. The regulations and
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requirements imposed by a heritage preservation site
designation shall be in addition to those established for the
base zoning districts which jointly apply. Under the joint
application of standards, the most restrictive requirements
shall apply.
B. Reports: The City Council may direct the City staff to
prepare studies which catalog buildings, land, areas,
districts, or other objects to be considered for designation
as a Heritage Preservation Site. The Zoning Administrator
shall instruct the appropriate staff persons to prepare
technical reports where applicable, and provide general
assistance in preparing a recommendation on the action to the
City Council.
C. Criteria: The Heritage Preservation Commission shall
recommend to the Planning Commission that an area, building
district, or object be designated a Heritage Preservation Site
upon determining that such site meets one or more of the
following criteria:
1. It has character, interest or value as part of the
development heritage or cultural characteristics of the
City of Otsego, State of Minnesota or the United States;
2. Its location as the site of a significant historic event;
3. It has yielded, or is likely to yield, information
important in pre -history or history;
4. It is associated with a person or persons who
significantly contributed to the culture and development
of the City;
S. It embodies distinctive characteristics of an
architectural style, period, form or treatment;
6. It represents the work of an architect or master builder
whose individual work has influenced the development of
the City of Otsego;
7. It embodies elements of architectural design, detail,
materials, or craftsmanship which represent a significant
architectural innovation; or
8. Its unique location or singular physical characteristics
represents an established and familiar visual feature of
a neighborhood, community, or the City of Otsego.
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D. Communications with Minnesota Historical Society: A copy of
the Heritage Preservation Commission's proposed designation of
a Heritage Preservation Site, including boundaries, and a
program for the preservation of a Heritage Preservation Site
shall be sent to the Minnesota Historical Society in
accordance with Minnesota Statutes 471.193, Subd. 6.
E. Findings and Recommendations: The Heritage Preservation
Commission shall make findings as to whether a proposed
Heritage Preservation Site is eligible for heritage
preservation as determined by the criteria specified in
Paragraph C of this subsection. If the Heritage Preservation
Commission determines the site meets the criteria in Paragraph
C, it shall forward its findings to the Planning Commission
with its recommendation that the site be designated for
Heritage Preservation and its proposed program for the
preservation of the site.
F. Planning Commission Recommendation: The Heritage Preservation
Commission shall advise the Planning Commission of the
proposed designation of a Heritage Preservation Site,
including boundaries, and a program for the preservation of a
Heritage Preservation Site.
The Planning Commission shall recommend approval, rejection or
modification of the proposed designation to the City Council.
Such recommendation shall be based upon, but not be limited
to, the following factors:
1. The provisions of Section 20-4-2.F of this Chapter.
2. Any other planning consideration which may be relevant to
the proposed designation upon the surrounding
neighborhood.
3. Any other planning consideration which may be relevant to
the proposed designation. The Heritage Preservation
Commission may take such modifications, changes, and
alterations concern in the proposed designation as it
deems necessary in consideration of the recommendation
and opinion of the Planning Commission.
G. Hearings: Prior to the Planning Commission recommending to
the City Council any building, district, or object for
designation as a- Heritage Preservation Site, the Planning
Commission shall hold a public hearing on the proposed
designation. Prior to such hearing the Planning Commission
shall cause to be published in a newspaper of general
circulation notice of the hearing at least ten (10) days prior
to the date of the hearing. Notice of the hearing shall be
sent to all property owners within three hundred fifty (350)
feet of the proposed Heritage Preservation Site in platted
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areas and shall be sent to all property owners within five
hundred (500) feet of the proposed Heritage Preservation Site
in non -platted areas. A copy of the notice and a list of the
property owners and addresses to which the notice was sent
shall be attested and made part of the records of the
proceeding.
H. City Council Designation: The City Council shall consider the
Recommendation of the Heritage Preservation Commission and
Planning Commission that a site be designated for Heritage
Preservation, and may by ordinance designate a Heritage
Preservation Site. If deemed necessary, the City Council
shall have the authority to hold an additional public hearing
when considering the designation of a Heritage Preservation
Site.
20-75-6: REVIEW OF PERKITS:
A. Heritage Preservation Site Alteration Permit: A Heritage
Preservation Site Alteration Permit is required to do any of
the following in, on, or to a Heritage Preservation Site in
the City:
1. Remodel, alter, repair in any kind or manner, including
a change of color, that will alter the exterior
appearance of a historic building, site, or landmark.
2. Erect a building or any structure.
3. Erect signs.
4. Move from or to any building.
5. Demolish any building in whole or in part. This does not
apply to structures required to be demolished in
accordance with Minnesota Statutes, Chapter 463.
6. Alter or remove a land form in whole or in part.
The application for a Site Alteration Permit shall be
accompanied by detailed plans including a site plan, building
elevations and design details, and materials necessary to
evaluate the request. The City Council shall make the
determination whether to approve or disapprove the permit.
B. Reports: The Zoning Administrator shall instruct the
appropriate staff persons to prepare technical reports where
applicable, and provide general assistance in preparing a
recommendation on the action to the City Council.
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C. Heritage Preservation Commission Recommendation: The Heritage
Preservation Commission shall review each application and make
its recommendation to the City Council relative to the request
for a Heritage Preservation Site Alteration Permit.
D. Planning Commission Recommendation: If it is determined that
the requested site alteration permit may have land use related
implications, the permit application shall be subject to
review and recommendation by the Planning Commission. In such
case, the Planning Commission shall recommend approval,
rejection or modification of the permit to the City Council.
Such recommendation shall be based upon, but not limited to,
the criteria specified in paragraph E of this subdivision.
E. Criteria for Heritage Preservation Site Alteration Permit:
The City Council shall approve, disapprove, and/or impose
conditions on a Heritage Preservation Site alteration Permit
after consideration of the Heritage Preservation Commission's
program for preservation and the Secretary of the Interior's
Standards for Rehabilitation, as revised and if applicable,
the recommendation of the Planning Commission.
F. Findings: The City Council shall make findings as to whether
a site alteration permit application should be approved or
disapproved, or conditions imposed, as determined by the
criteria specified in Paragraph E of this subdivision.
G. Hearings: Prior to the City Council making its decision
regarding an application for a Site Alteration Permit for a
Heritage Preservation Site, the City Council shall hold a
public hearing on the application. Prior to such hearing the
City Council shall cause to be published in a newspaper of
general circulation notice of the hearing at least ten (10)
days prior to the date of the hearing. Notice of the hearing
shall be sent to all property owners within three hundred
fifty (350) feet of the site of the proposed Heritage
Preservation Alteration in platted areas and shall be sent to
all property owners within five hundred (500) feet of the site
of the proposed Heritage Preservation Alteration in non -
platted areas. A copy of the notice and a list of the
property owners and addresses to which the notice was sent
shall be attested and made part of the records of the
proceeding.
H. Limitations: If within sixty (60) days from the filing of a
Site Alteration Permit application the Heritage Preservation
Commission has not made a recommendation of approval or
disapproval to the City Council, the application shall be
forwarded to the City Council for approval or disapproval of
the permit without the Heritage Preservation Commission's
recommendations.
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20-75-7: EMERGENCY REPAIR: In emergency situations where immediate
repair is needed to protect the safety of the structure and
its inhabitants, the Building Official shall have the
authority to enforce the Otsego Building Code, pursuant to
Section 20-21-5 of this Chapter, may approve the repair
without prior Heritage Preservation Commission or City Council
action.
20-75-5: REPOSITORY FOR DOCUMENTS: The office of the City Clerk is
designated as the repository for at least one copy of all
studies, reports, recommendations and programs required under
this Section.
20-75-9: RECORDING OF HERITAGE PRESERVATION SITES. The -office of the
City Clerk shall record the designation of buildings, lands or
areas as Heritage Preservation Sites with the Wright County
Recorder or the Wright County Registrar of Titles, unless the
County Recorder or Registrar of titles refuses to record such
designation, and shall transmit a copy of the recording
document to the Building Department.
Section 4. This Ordinance shall become effective from and after
its passage and publication.
APPROVED by the Otsego City Council, this 27th day of June 1994.
ATTEST:
P,7j2-
come PerraUlt, City erk
CITY OF OTSEGO
cAa���� U
Norma -n . Freske, Mayor
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