[Ord. No. 2019-02 § 4]
This chapter shall be known as the "Historic Preservation Ordinance"
of the City of Davenport, Iowa.
[Ord. No. 2019-02 § 4]
The purpose of this chapter is to promote the educational, cultural,
aesthetic, economic and general welfare of the City of Davenport by:
A.
Providing a mechanism for the community to identify, protect
and enjoy the distinctive historical and architectural characteristics
of Davenport which represent a visual legacy of the City's cultural,
social, economic, political and architectural heritage; and
B.
Fostering civic pride, through public education, by formally
recognizing and honoring the notable accomplishments of past citizens
as represented in the City's historic structures, sites, objects
and districts; and
C.
Stabilizing and/or increasing property values by encouraging
the conservation, through sympathetic rehabilitation and/or reuse,
of historically or architecturally significant properties; and
D.
Preserving and enhancing the City's attractiveness to potential
home buyers, tourists, businesses wanting to relocate and other visitors,
thereby supporting and promoting commercial development and economic
benefit to the City's economy; and lastly,
E.
Encouraging the stabilization, rehabilitation and conservation
of the existing building stock, including the prevention of needless
demolition of structurally-sound buildings, in order to strengthen
the City's neighborhoods and to prevent future urban blight.
[Ord. No. 2019-02 § 4]
The demolition of a designated local landmark or a property
within a designated historic district shall be prohibited unless,
upon application for and approval of, the commission issues a certificate
of economic hardship allowing said demolition. The owner(s) of record
or the City may apply for a demolition permit for designated properties.
A.
Demolition application process. Demolition applications shall be made to the office of construction code enforcement. The office of construction code enforcement shall forward all demolition permit requests for local landmarks and properties within designated historic districts to the commission secretary within two business days of their receipt. No demolition permits shall be issued for local landmarks or properties within designated historic districts prior to the commission, or the City Council upon appeal, issuing a certificate of economic hardship, excluding the circumstances described in Section
14.01.090 of this chapter.
B.
Criteria for demolition request. The commission shall request
and receive from the applicant all information it deems necessary
to adequately consider the demolition of a designated property. This
may include, but is not limited to, the following:
1.
A report from a licensed engineer or architect with experience
in rehabilitation as to the structural soundness of the building(s)
on the property, their suitability for rehabilitation, and possible
new uses for the property; and
2.
The assessed value of the land and improvements thereon according
to the two most recent assessments; and
3.
The real estate taxes paid during the previous two years; and
4.
All appraisals obtained by the owner or applicant in connection
with his purchase, financing or ownership of the property; and
5.
Any listing of the property for sale or rent, price asked and
offers received, if any; and
6.
All building, fire and housing code violations which have been
listed on the property for the past two years; and
7.
Any federal, state or local citation(s) which have determined
the building to be a nuisance under applicable law; and
8.
Estimated market value of the property after completion of the
proposed demolition and after renovation of the existing property
for reuse; and
9.
If the property is income-producing;
a.
Annual gross income from the property for the previous two years;
and
b.
Itemized operating and maintenance expenses for the previous
two years; and
c.
Annual cash flow, if any, for the previous two years; and
d.
Proof that efforts have been made by the owner to obtain a reasonable
return on his investment.
C.
Notification of proposed demolition. The commission agenda shall
be posted on the first floor City hall bulletin board used for such
purposes no less than one business day prior to the scheduled time
of the meeting and shall serve as notice to the general public of
the pending meeting.
D.
Commission review process. The commission shall review all the
evidence and information submitted by the applicant and receive testimony
from other interested parties. If the commission finds that the building
substantially violates the City building, fire and/or housing codes
or the property owner cannot obtain a reasonable economic return therefrom,
then the commission shall issue the demolition permit. The commission
shall act on each application within 60 days after the receipt of
a complete application.
E.
Notification of determination. The commission secretary shall
notify the owner(s) of record by regular mail within 15 business days
of the commission's decision. The office of construction code
enforcement shall be notified within two business days of the commission's
action. If the certificate of economic hardship is issued, the commission
secretary shall inform the chief building official of said approval.
If the certificate of economic hardship is denied, the chief building
official shall be instructed to withhold the demolition permit pending
possible appeal of the commission's determination.
Notified parties will be informed of their right to appeal the
commission's decision.
[Ord. No. 2019-02 § 4]
A designated property may be altered, relocated, demolished
or secured and maintained under the following circumstances and shall
not be subject to any of the terms of this chapter.
A.
Certificate of public hazard. If emergency circumstances affect
a designated property which requires immediate relief, including demolition,
the fire marshal and chief building official shall certify that such
conditions exist and said conditions shall be eliminated as quickly
as is practicable. Emergencies are defined as life or health-threatening
conditions requiring immediate attention. A certificate of public
hazard may be issued after the fact documenting the reasons for loss
of the designated property. This section shall apply only in cases
where it is impractical for the commission to consider a certificate
of economic hardship prior to demolition.
B.
Conflict with other regulations. The clauses and sections in
other City Council-adopted codes and regulations which address life-safety,
fire safety and legal nuisances, shall be excluded from the standards
and provisions herein. In the event the City's legal, fire, housing
or building officials determine that a structure or portion thereof
is a life-safety hazard, a fire safety hazard or a nuisance, the fire,
housing and building codes shall supersede this chapter.
C.
Ordinary repair and maintenance. This chapter is not meant to
prevent ordinary repair and maintenance activities of private property
not requiring a building or sign permit.