1

Ordinance #
AN ORDINANCE ESTABLISHING HERITAGE PRESERVATION GUIDELINES
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DOES ORDAIN AS
FOLLOWS:
The Ordinance Code of the City of Rochester is hereby amended by the addition of the following
new Section X, as follows:
HISTORIC PRESERVATION
Sections:
.010
.020
.030
.040
.050
.060
.070
.080
.060
.100
.110
.120
.130

Declaration of Public Policy and Purpose

Definitions
Identification of historic properties
Designation of historic properties
Recordation of designation
Rescinding designation
Effect of designation
Development involving designated historic properties
Demolition of designated properties
Benefits
Appeals
Variances by other City review bodies
Penalties

.010.

Declaration of Public Policy and Purpose.

A.
Public policy and purpose. The Common Council of the City of Rochester hereby
declares as a matter of public policy that the preservation, protection, perpetuation, promotion and
use of Buildings, Structures, lands, Sites, districts, and Objects having a special historical,
community, or aesthetic interest or value is a public interest and is a worthy pursuit in the interest
of our communitys general welfare. To this end, the Heritage Preservation Commission is charged
with responsibility for facilitating the preservation of Rochesters heritage. The purposes of this
ordinance are to:
1.
2.
3.
4.

Safeguard the heritage of the City of Rochester by encouraging the preserving of

properties that reflect elements of the citys cultural, social, economic, political,
visual, or architectural history;
Enhance the City of Rochesters 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;
Enhance the visual and aesthetic character, diversity, and interest in the City of
Rochester through attention to historic properties;
Foster civic pride in the beauty and notable accomplishments of the past;

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5.
6.
7.

Promote the preservation and continued use of historic properties for the education
and general welfare of the people of the City of Rochester;
Promote the environmental benefits of adapting and reusing buildings; and
Provide educational opportunities for heritage preservation, act in an advisory
capacity to its citizens, and reflect the history of the many groups that make up the
rich heritage of Rochester;

The City intends in this the historic preservation ordinance to draw a reasonable balance between
private property rights and the public interest in preserving the Citys cultural, social, economic,
religious, political, architectural and aesthetic history.
B.

Heritage Preservation Commission.

1.

The Heritage Preservation Commission (the Commission) is hereby appointed to

enforce and carry out the rights, responsibilities, and privileges set forth in this
Ordinance.
a. The Commission shall consist of 11 voting members to be nominated by the
Mayor and appointed by the Common Council (Council).
b. Commission members must be persons with demonstrated interest and
expertise in historic preservation and must reside within the City of Rochester.
The commission shall include, if available, a member of the Olmsted County
Historical Society. Demonstrated interest and expertise may include
experience and interest in a variety of vocations and fields that may be
engaged in historic preservation efforts and issues, including, without
limitation, architecture, construction, legal, real estate, and economic
development.
c. Commission members shall serve staggered three-year terms.
d. Upon creation of the Commission, four members will be appointed for a term
of three years each. Four members will be appointed for a term of two years
each. Three 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.
e. 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.

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f. Members will not receive a salary 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.
g. 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:
i. Time, dates, and places of future meetings;
ii. Election of Officers; and
iii. Voting and quorum requirements.
h. 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.
i. Provide recommendations and consultation to the City for adoption and
administration of the Citys Heritage Preservation Program.
2.

The Commission shall ensure that:

a. There is an updated list of all Buildings, Structures, lands, Sites or Landmark
Districts which have been designated as Designated Properties under this
Ordinance;
b. This list and an updated catalogue of all known publications, articles, books,
pamphlets, policies, or other materials having a direct bearing on the Heritage
Preservation Program for the City of Rochester shall be kept and made
reasonably available to the public by city staff; and
c. The Common Council, upon request of the Commission, may direct the City
staff to aid in the preparation of the list of Designated Properties, studies which
catalog Buildings, Structures, lands, Sites, districts, or Objects being considered
for designation as a Designated Property.

3.

The Commission may also:

a. Recommend the allocation of such subsidies, tax abatement, grants, revolving
loan funds, and other funds that may be provided by the City pursuant to the
Citys Heritage Preservation Program.
b. Provide input and recommendations to the Common Council and City staff on
the implementation of existing or new codes, regulations, and policies where

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stringent implementation has or could have an excessively negative impact on

preserving the historic integrity of a Designated Property or where strict
interpretation and enforcement of such codes and/or regulations may
excessively constrain the productive use of Designated Properties or create
excessive economic hardships for the owner of a Designated Property.
.020.

Definitions

The following definitions are specific to the terms as used in this Chapter and in the field of historic
preservation:
Alteration. A change to the exterior of an existing Building, Structure or feature that
materially modifies its original appearance or construction.
Assigned Staff A member of the Citys staff shall be designated to serve as the Assigned
Staff contact for this ordinance and for the Heritage Preservation Commission.
The
purpose of the Assigned Staff shall be to meet with the Commission and City Attorney and
to provide information and advice at public meetings regarding proposed land use
applications, building permits and the nature of the property subject to this ordinance.
Building. Any structure having a roof supported by columns or walls intended for
the shelter or enclosure of persons or property. Where roofed structures are
separated from each other by party walls having no openings for passage, each
portion so separated shall be deemed a separate building.
Certificate of economic hardship. An official form issued by the City, in connection with
a certificate of demolition approval, that allows the demolition of a designated historic
property as the owner has demonstrated that maintaining it will impose an economic
hardship.
Contributing Resource. A Building, lands, site, Structure, or Object that adds to the
historic architectural qualities or archaeological values for which a property or Landmark
District is considered significant.
Demolition. Any act or process that destroys a historic resource, in part or in whole. This
includes the removal of any material constituting part of a structure that affects the exterior
appearance of the structure, other than for purposes of ordinary maintenance or repair, as
well as inadequate maintenance or any other action that reduces the stability or longevity
of a structure or impairs its historic or architectural integrity.
Demolition Permit. A building permit that authorizes the demolition or removal of an
existing Building or Structure from a site. This permit is issued in accordance with the
requirements of Minnesota Rule 1300.0120.
Designated Property. A property listed on the Inventory, and further categorized as either
a Landmark Property or Potential Landmark Property, or Landmark District.

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Designated Properties Map. A map and listing showing all of the Designated Properties
within the Inventory.
Heritage Preservation Program. A plan established by the City that contemplates a vision for
the City's historic preservation program, setting near- and long-term priorities for the program, and
identifies proactive and innovative strategies for achieving the identified goals and objectives.

Historic Data. Research papers, surveys, and maps that describe Rochesters architectural
and cultural development patterns in the context of local, regional, and national history.
Credible Historic Data shall be used to guide staff, the Commission and Common Council
in determining the historic significance of districts and properties in the City of Rochester.
Historic Data shall include the Historic Context Paper accepted by the Commission and
Council on April 6, 2015, as the same may be amended or modified from time to time.
Integrity. The ability of a property to convey its significance relative to the aspects of
location, setting, design, materials, workmanship and association.
Inventory. A comprehensive listing of all Landmark Districts, Landmark Properties and
Potential Landmark Properties.
Landmark District. A geographically-definable area, possessing identified historically
significant concentration, linkage, or continuity of sites, Buildings, Structures, or objects
united by past events or aesthetically by plan or physical development. Any Landmark
District shall also include a list of contributing and non-contributing resources.
Landmark Property. A property designated pursuant to Section .040, B. of this
Ordinance.
Land Development Manual: The ordinance adopted by the City of Rochester under the
Laws of Minnesota, Chapter 462 that establish the official controls for land use, land
development and subdivision, property improvement, and adequate public facilities related
to development.
Non-Contributing Resource. A Building, lands, site, Structure, or object that does not
contribute to the historic architectural qualities or archaeological values for which a
Landmark District is considered significant.
Object. Construction other than Buildings or structures that are primarily artistic in nature
or small in scale and simply constructed. It may be by nature or design movable, but it is
associated with a specific setting and environment.
Potential Landmark Property. A property designated pursuant to Section .040, C of this
Ordinance.
Rehabilitation. Making a Building or Structure sound and usable without attempting to
restore it to a particular period appearance, while retaining the character-defining features.
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Relocation. Moving a Building or Structure from its original historically significant or

existing location to another location.
Repair. The limited replacement in kind--or with compatible substitute material--of extensively
deteriorated or missing parts of features when there are surviving prototypes (for example,
brackets, dentils, steps, plaster, or portions of slate or tile roofing). Although using the same kind
of material is always the preferred option, substitute material is acceptable if the form and design
as well as the substitute material itself convey the visual appearance of the remaining parts of the
feature and finish.
Restore. The act or process of accurately depicting the form, features, and character of a property
as it appeared at a particular period of time by means of the removal of features from other
periods in its history and reconstruction of missing features from the restoration period. The
limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other coderequired work to make properties functional is appropriate within a restoration project.

Secretary of the Interiors Standards for Treatment of Historic Properties. The Secretary
of the Interiors Standards for Treatment of Historic Properties shall be used as guidelines
to evaluate any proposed changes including architectural or site modifications to Landmark
Properties and in Landmark Districts.
Significance. The documented importance of a property for its contribution to or
representation of broad patterns of national regional or local history, architecture,
engineering, archaeology and culture.
Site. The location of a significant event, a prehistoric or historic occupation or activity or
a Building or Structure, whether standing, ruined or vanished, where the location itself
possesses historic, cultural or archaeological value regardless of the value of any existing
Structure.
Site Alteration Permit. Any land use or building permit authorizing the owner of a Building
to make an Alteration to a Landmark Property.
Structure. A combination of materials to form construction for use, occupancy, or
ornamentation, whether installed on, above or below the surface of land or water.
.030 Identification of historic properties
A.
Surveys Maps and Historic Data. The Commission shall conduct, cause to be conducted,
and accept submittals of such preliminary surveys, studies or investigations as deemed necessary
or advisable to adequately inform the Commission and the Common Council of those properties
and districts located within the City which are significant. The documents generated and collected
as a result of these efforts shall be recognized as the Historic Data and be made publicly available
as outlined in Section 010 B.2.b. The Commission shall utilize the Historic Data for determining
the eligibility and designation of districts and properties.

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B.
Landmark Properties. Properties deemed by the Common Council after receiving and
considering a recommendation by the Commission as being so essential to the historic fabric of
the City that preservation must be mandated regardless of owner consent shall be designated as
Landmark Properties. All such properties shall be designated, pursuant to the procedures set forth
in Section .040 below, as Landmark Properties by ordinance to the Inventory. Such properties are
subject to the terms of this Chapter. Landmark Properties shall be eligible for certain preservation
benefits and may be awarded preservation incentives pursuant to the Citys Heritage Preservation
Program. The Common Council shall take into account the availability of resources within the
Heritage Preservation Program when designating Landmark Properties.
C.
Potential Landmark Properties. The Commission shall also compile a list of other
properties that do not meet the criteria for Landmark Property designation but have historic or
potentially historic significance within the City. All such properties shall be designated as Potential
Landmark Properties in the Inventory. Property owners are encouraged to meet proactively with
the Commission before undertaking development plans to receive preliminary feedback on
appropriate development and benefits.
1.

Sixty-Day Negotiation Period. The purpose of the Sixty-Day negotiation period

is meet with the property owner to discuss the Citys Heritage Preservation Program
and benefits that the property may be eligible to receive upon designation as a
Designated Property. If the owner of a Potential Landmark Property submits a land
use application, a negotiation period of up to 60 days shall be initiated. A written
acknowledgment from the property owner indicating an understanding of this sixtyday negotiation period shall accompany the application. The sixty-day negotiation
period may be extended an additional thirty (30) days upon a resolution adopted by
the Council, or longer if mutually acceptable to both the Council and the property
owner. Nothing herein shall prevent the City from reviewing any land use
application or building permit affecting the subject property during the sixty-day
negotiation period. Within the sixty-day negotiation period the following shall
occur:
a. The Assigned Staff Person or other City staff shall offer to meet with the
property owner to discuss the Citys Heritage Preservation Program and
benefits that the property may be eligible to receive upon designation as a
Landmark Property.
b. The Assigned Staff shall meet with the Commission, at a public meeting,
regarding the proposed application and the nature of the property. The property
owner shall be provided notice of this meeting.
The Commission shall review appropriate context papers to evaluate the
Integrity of the property under consideration and shall provide Council with an
assessment of the propertys conformance with the designation criteria. When
any benefits are requested by the property owner, the Commission shall also

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evaluate how the designation, and any development that is concurrently

proposed, meets the policy objectives for the Historic Preservation Program.
c

The Assigned Staff shall confer with the Common Council regarding the
proposed application and the nature of the property, and the staff and the
Commissions assessment of its historic significance and the effects of the
application. The property owner shall be provided notice of this meeting.

d. The Assigned Staff will negotiate with the property owner to reach a mutually
acceptable agreement for the preservation of the property in exchange for the
benefits made available to the property owner. As part of the mutually
acceptable agreement, the Common Council may seek approval of any land use
entitlement or fee waiver permitted by the Citys Code of Ordinances. The
Common Council shall consider the appropriateness and availability of
incentives and shall also seek to be equitable in the incentives awarded through
the negotiation process. The monetary value of incentives being requested shall
be defined, to the extent possible. When incentives are agreed upon as part of
the negotiation, the Common Council shall require that the property be a
Landmark Property or carry other restrictions as determined by the Common
Council.
e. If upon the passage of 60 days or any extension thereof, the City and the
property owner have failed to reach a mutually acceptable agreement, affected
land use applications shall proceed to be processed as applications without
further delay. The Common Council, or the property owner, may choose to
terminate negotiations at any time.
2.

Voluntary review/Processing Advantages. Owners of properties designated as

Potential Landmark Properties who comply with the provisions of this Chapter may
receive those benefits under Section .100 without making application
for designation as a Landmark Property.

3.

Removal from Potential Landmark Designation. Owners of properties

designated as Potential Landmark Properties may apply to the Assigned Staff to be
removed from Potential Landmark Designation. If the property owner indicates in
writing that they have no interest in designation or negotiation, the property shall
be removed from the Potential Landmark Properties Map and the Assigned Staff
shall issue the owner a certificate documenting the removal of the Potential
Landmark Designation. The subject property shall not be eligible for historic
designation in the City of Rochester for a period of two (2) years from the date of
issuance of this certificate. The certificate shall run with the land and may be
recorded in the Olmsted County Recorders Office and/or Registrars Office.

4.

Addition to Potential Landmark Properties Designation. Owners of properties

not designated as Potential Landmark Properties may apply to the Assigned Staff

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to be designated by submitting a written request. The Commission shall determine

if the property is eligible, based on the designation criteria.
.040.

Designation of Landmark Properties.

The designation of properties to an official list that is known as the Inventory which is maintained
by the City, is intended to provide a systematic public process to determine what Buildings, areas
and features of the historic built environment are of value to the community. Designation provides
a means of deciding and communicating, in advance of specific issues or conflicts what properties
are in the public interest to protect.
A.
Establishment of the Rochester Inventory of Designated Properties. The Inventory
shall be established by the Common Council to formally recognize those Districts, Buildings,
Structures, Lands, Sites and Objects located in the City of Rochester that have special significance
to the United States, Minnesota, or Rochester history, architecture, archaeology, engineering or
culture. The location of properties listed on the inventory shall be designated on maps on file with
the City Clerk.
B.

Landmark Properties
1.

Criteria. To be eligible for designation on the Inventory as a Landmark Property,

an individual Building, Lands, Site, Structure or Object or a collection of Buildings,
Lands, Sites, Structures or Objects must have a demonstrated quality of
significance. The quality of significance of properties shall be evaluated according
to the criteria described below and in Section .030(B) above. When designating an
individual Building, Lands, Site, Structure or Object the Common Council and
Commission shall consider 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;
b. Its location as a site of a significant historic event;
c. Its location within and contribution as an element of a Landmark 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.

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When designating a Landmark District, the majority of the Contributing Resources in the
district shall also meet the criteria described below:
a. The property or district is deemed significant for its antiquity, and
b. The property or district possesses an appropriate degree of Integrity of location,
setting, design, materials, workmanship and association, given its age. The
Common Council shall adopt and make available to the public score sheets and
other devices which shall be used by the Council and Commission to apply this
criterion.
2.

Application. Owners of the property or properties, the Commission, or the

Common Council may file an application for designation of a Building, district,
Site, Structure or Object on the Inventory as a Landmark Property. The application
for the designation of a property or collection of properties shall include the
following:
a. The applicable information required by this section;
b. Site or Landmark District boundary map;
c. Property or district description, including narrative text, photographs and/or
other graphic materials that document its physical characteristics;
d. Written description of how the property meets the criteria for designation; and
e. Written description of historic preservation benefits which the applicant
requests be awarded at the time of designation pursuant to the Historic
Preservation Program.
f. If application is filed by the Commission or Council the owners of the property
or properties will be notified at least fifteen (15) days prior to the public hearing
on designation.

3.
State Historic Preservation Office Review. All proposed designations shall be
submitted to the State Historic Preservation Office of the Minnesota Historical Society
for a 60-day review period. The State Historic Preservation Office's comments on the
proposed designation shall be sent to the Commission for consideration, but shall not be
binding on the Commission.

C.

Potential Landmark Properties

1.

Criteria. To be eligible for designation on the Inventory as a Potential Landmark

Property, an individual Building, Site, Structure or Object or a collection of
Buildings, Sites, Structures or Objects must have a demonstrated quality of
significance. The quality of significance of properties shall be evaluated according
to criteria described in Section .040, B.1 above.

2.

Application. Owners of the property or properties, the Commission, or the

Common Council may file an application for designation of a Building, district,
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Site, Structure or Object as a Potential Landmark Property on the Inventory. The

application for the designation of a property or collection of properties shall include
the following:
a. The applicable information required by this section;
b. Site or Landmark District boundary map;
c. Property or district description including narrative text photographs and/or
other graphic materials that document its physical characteristics; and
d. Written description of how the property meets the criteria for designation.
e. If application is filed by the Commission or Council the owners of the property
or properties will be notified at least fifteen (15) days prior to the public hearing
on designation.
D.

Review public hearings and notice.

1.

An application for designation on the Inventory shall be transmitted to the Assigned

Staff to determine if the application is complete. For applications filed with
sufficient information, a report will be prepared by City staff for transmittal to the
Commission with the relevant information on the proposed historic property or
district with a recommendation to approve or disapprove and the reasons for the
recommendation.

A date for a public hearing on a complete application will be scheduled before the
Commission. Notice of the hearing shall be provided not less than fifteen (15) days
before the hearing, in a newspaper of general circulation. For Districts notice of
the hearing shall be mailed to all owners of record of property located in whole or
in part within three hundred fifty (350) feet of the boundaries of the subject
property, not less than fifteen (15) days before the hearing.

3.

The Commission shall evaluate the application to determine if the property or

district meets the criteria for designation. At the public hearing, the property owner,
parties of interest and citizens shall have an opportunity to provide information
about the property or districts eligibility for designation. The Commission may
recommend approval, disapproval or continuance of the application to request
additional information necessary to make a decision to approve or deny. Their
recommendation shall be forwarded to the Common Council.

4.

Upon receipt of the decision, report and recommendations of the Commission, the
Common Council shall evaluate the application to determine if the property or
district meets the criteria for designation. The Common Council may approve,
disapprove or continue the application to request additional information necessary
to make a decision to approve or deny.

5.

If an application is denied, the Assigned Staff Person, the Commission or Common

Council may not file a reapplication for designation of the same property or district

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on the Inventory for two (2) years from the date of the Common Council
disapproval.
.050. Recording of designation.
Upon the effective date of an ordinance by Common Council designating a property on the
Inventory, the City Clerk shall record with the real estate records of Olmsted County, a certified
copy of the ordinance including a legal description of the property.
.060. Rescinding designation.
A.
Application and review. An application for the removal of a Landmark Property from
the Inventory shall follow the same submission requirements and review procedures as for
designation described in this Chapter, except that with respect to a Landmark Property the
application shall include an explanation describing why the property no longer meets the criteria
for designation as a Landmark Property. The Commission and Common Council shall determine
if sufficient evidence exists that the property no longer meets the criteria for designation and, if
so, shall remove the property from the Inventory after a public hearing on the removal is held.
B.
Reapplication. If a request for rescinding designation is denied, an application cannot be
filed again for a period of two (2) years from the date of the denial by the Common Council. The
time limitation of this Subsection may be waived by a majority vote of the Common Council when
such action is deemed necessary.
.070. Effect of Landmark Property designation.
A.
Approvals required. Any land use application involving properties designated as a
Landmark Property on the Inventory, as an individual Building or located in a Landmark District,
unless exempted by Section .080 A. 1. And 2. requires the approval by the Commission before a
building permit or any other work authorization will be issued by the City.
B.

Design guidelines.
1.

The Commission shall follow the Secretary of the Interiors Standards for
Treatment of Historic Properties to preserve and maintain the historic and
architectural character of designated properties and districts. The standards apply
to the exterior features and/or notable streetscape and landscape elements of the
designated historic property and/or district. These guidelines are intended to offer
assistance to property owners undertaking construction, Rehabilitation, Alterations,
changes in exterior appearance or any other development involving designated
Landmark Properties or Landmark Districts. The guidelines will be periodically
reviewed by the Commission and amended at a public hearing, as needed.

2.

The guidelines will be used in the review of requests of Site Alteration Permits.
Conformance with the applicable guidelines and other applicable procedures will
be necessary for the approval of any proposed work.

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C.

.080

Special consideration.
1.

To preserve and maintain the historic and architectural character of Landmark

Properties, the Common Council may approve variations from the lot dimensional
requirements set forth in the Citys code under the provisions of the Land
Development Manual.

2.

Designated Properties are eligible for and have priority to participate in City
incentive programs related to financial, developmental or technical assistance that
will serve to preserve, maintain or enhance their historic and architectural character.

3.

The Common Council is authorized to grant economic and developmental benefits

to Landmark Properties or grant these benefits conditional upon the subsequent
designation of a property as a Landmark Property.

Development involving Landmark Property or Landmark District.

No Building or Structure shall be erected, constructed, enlarged, altered, repaired, relocated or

improved involving a Landmark Property or within a Landmark District until plans or sufficient
information have been submitted to the Assigned Staff and approval is granted by the Common
Council after receiving and considering a recommendation of the Commission.
A.

B.

Exempt development.
1.

Selected activities are exempted from the Historical Preservation Ordinance review
procedures including interior remodeling, paint color selection, exterior repainting
or replastering similar to the existing finish or routine maintenance such as
caulking, replacement of fasteners, repair of window glazing or other such
minimally intrusive work.

2.

If there is any question if a work activity qualifies as exempt, the Commission shall
make the determination as to its eligibility.

Site Alteration Permits.

1.

No person may Alter a Landmark Property without a Site Alteration Permit. The
Commission shall review and comment on the Citys issuance of a Site Alteration
Permit involving a Landmark Property or within a Landmark District to do any of
the following:
a. Exterior Alterations
b. Application or use of exterior materials of a different kind, type, or texture other
than those already in use that will substantially cover one or more sides of the
Structure;
c. Signs that require a sign permit by the City;

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d. Construction of a new Building or Structure;

e. Any addition to, or Alteration of, an existing Structure that increases the square
footage in the Structure or otherwise alters its size, height, contour, or outline;
f. Any change or Alteration of a Structures architectural style;
g. Any Alteration of a roofline;
h. Demolition in whole or in part.
i. Excavation significant enough to require a grading permit.
2.

In addition, to any other conditions in the land use application, the Site Alteration
permit application may be accompanied by detailed plans including a property plan,
Building elevations, and design details and materials as necessary to evaluate the
request. Once the Commission has reviewed the Site Alteration Permit, a
recommendation for approval or disapproval will be sent back to the appropriate
City department. The Commissions recommendation will be accompanied with
specific reasons why the Alterations meet or do not meet the Secretary of the
Interiors Standards for Treatment of Historic Properties related to the particular
Designated Property. With recommendations relating to new construction or
Demolition, the Commission shall include comments on how the proposed work
affects the existing historic Structures surrounding the worksite.

3.

In emergency situations where immediate repair is needed to protect the safety of a

Building or Structure and its inhabitants, the City administrator and City building
official may approve the permit without prior Commission action.

.090. Demolition of Landmark Properties.

It is the intent of this Chapter to preserve the historic and architectural resources that have
demonstrated significance to the community. Consequently no Demolition of Landmark
Properties will be allowed unless approved by the Common Council after receiving and
considering a recommendation of the Commission in accordance with the standards set forth in
this Section.
A.

Procedures for considering requests for demolition of designated properties.

1.

An application for a demolition permit for designated Landmark Properties will be

filed with the Assigned Staff. The applicant will be provided a written response
within fourteen (14) days of the request for a demolition permit describing the
submittal materials needed for consideration.

2.

An application for Demolition approval shall include:

a. The general application information requested in Section 030 and written
documentation that the Building is an imminent hazard; or

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b. Narrative text, graphic illustrations or other exhibits that provide evidence that
the Building, Structure, or object is of no historic or architectural value or
importance.
3.

When complete application materials are on file, a public hearing before the
Commission shall be scheduled. Notice shall be provided as directed in this
Chapter. The staff shall review the submittal material and prepare a staff report
that analyzes the request based on the required criteria in subpart 4 of this Section.

4.

The Commission shall review the application, the staff report and hear evidence
presented by the property owners, parties of interest and members of the general
public to determine if the standards for demolition approval have been met.
Demolition shall be approved if it is demonstrated that the application meets any
one of the following criteria:
a. The property has been determined by the City to be an imminent hazard to
public safety and the owner/applicant is unable to make the needed repairs in a
timely manner,
b. The Structure is not structurally sound,
c. The Structure cannot practically be moved to another appropriate location, or
d. No documentation exists to support or demonstrate that the property has
historic, architectural, archaeological, engineering or cultural significance.

Additionally, for approval to demolish all of the following criteria must be met:
a. The Structure does not contribute to the significance of the parcel or Landmark
District in which it is located and
b. The loss of the Building, Structure or Object would not adversely affect the
Integrity of the Landmark District or its historic, architectural or aesthetic
relationship to adjacent designated properties and
c. Demolition of the Structure will be inconsequential to the historic preservation
needs of the area.
5.

The Commission shall approve, disapprove, approve with conditions or continue

the application to obtain additional information necessary to consider the
demolition request.

6.

If the Commission approves the demolition request then a resolution of the

Commission action will be forwarded to the Common Council for approval or
denial.

15
Packet Pg. 18

7.

B.

If the demolition request is denied because it does not meet the aforementioned
standards, the applicant may request demolition approval based upon a finding of
economic hardship, as set forth below.

Procedures for obtaining a certificate of economic hardship.

1.

2.
a.

b.

3.

a.
b.

Purpose: It is the policy of the City to respect private property rights and comply
with state statute and federal law. The City recognizes, therefore, that there may be
some circumstances in which the operation of this Chapter could create an undue
economic hardship. This provision is created to provide property owners with a
means of demonstrating that such a hardship may exist and that they should be
allowed to demolish a designated historic property because of that hardship. It is
the intent of this provision to insure that no private property is taken without just
compensation.
Demolition based on economic hardship may be approved if the Council, with
recommendation from the Commission, deems one or more of the following
conditions met:
A Building has lost its architectural and historical integrity and/or its removal will
not adversely affect a Landmark Districts historic character. Loss of integrity must
be substantiated with photographic documentation and a physical description of the
property that addresses relevant issues.
If the denial of a Demolition Permit will result in an unreasonable economic
hardship on the applicant as determined by the Council, with recommendation from
the Commission, using the following criteria:
i. If the public safety and welfare requires the removal of a structure or
Building.
ii. If the structural instability or deterioration of a property is demonstrated
through a report by a structural engineer or architect. Such a report must
clearly detail the property's physical condition, reasons why rehabilitation
is not feasible, and cost estimates for rehabilitation versus demolition.
Demolition by Neglect is long-term neglect of a historic structure that
contributes to a level of dilapidation so severe that rehabilitation of the
structure no longer serves as a viable option and demolition must be
considered on account of the public safety and welfare of the community.
Property owners should conduct routine maintenance and major repairs on
historic structures in order to ensure their preservation.
In support of an application for a Demolition Permit on economic hardship grounds,
the applicant must submit evidence sufficient to enable the Commission and
Council to render a decision. The burden of proof is on the applicant. In reviewing
an application to remove a Landmark Property, the Commission and Council may
consider economic hardship based on the following information:
Current level of economic return;
Amount paid for the property, date of purchase, party from whom purchased, and
relationship between the owner of record, the applicant, and person from whom the
property was purchased;

16
Packet Pg. 19

c. Annual gross and net income from the property and the previous three years;
itemized operating and maintenance expenses for the previous three years, and
depreciation deduction and annual cash flow before and after debt service, if any,
during the same period;
d. Remaining balance on the mortgage or other financing secured by the property and
annual debt services, if any during the prior three years;
e. Real estate taxes for the previous four years and assessed value of the property
according to the two most recent assessed valuations;
f. All appraisals obtained within the last two years by the owner or applicant in
connection with the purchase, financing, or ownership of the property;
g. Form of ownership or operation of the property, whether sole proprietorship, forprofit or not-for-profit corporation, limited partnership, joint venture, or other;
h. Any state or federal income tax returns relating to the property for the last two
years;
i. Any listing of the property for sale or rent, price asked, and offers received, if any,
within the previous two years, including testimony and relevant documents
regarding:
i. Any real estate broker or firm engaged to sell or lease the property;
ii. Reasonableness of price or rent sought by the applicant;
iii. Any advertisements placed for the sale or rent of the property.
j. Feasibility of alternative uses for the property that could earn a reasonable
economic return;
k. Report from a licensed engineer or architect with experience in rehabilitation as to
the structural soundness of any Buildings on the property and their suitability for
rehabilitation;
l. Cost estimates for the proposed construction, alteration, demolition, or removal,
and an estimate of any additional costs that would be incurred to comply with the
requirements for Rehabilitation;
m. Estimated market value of the property:
i. in its current condition;
ii. after completion of the proposed alteration or demolition;
iii. after renovation of the existing property for continued use;
n. Expert testimony or opinion on the feasibility of rehabilitation or reuse of the
existing structure by an architect, developer, real estate consultant, appraiser, and/or
other real estate professional experienced in historic properties and rehabilitation.
.100.

Benefits.

The City is committed to providing support to property owners to assist their efforts to maintain,
preserve and enhance their historic properties. Benefits to encourage good historic preservation
practices by the owners of Designated Properties are an important aspect of Citys Historic
Preservation Program. Historic resources are a valuable community asset and their continued
protection is the basic premise supporting the creation of an innovative package of preservation
tools that unlike any other in the country.

17
Packet Pg. 20

All Designated Properties may be eligible for benefits as defined in the Land Development
Manual.
A.
Historic markers. Through grants or other sources of funding, the City may provide a
historic marker of a standard design for any owner of a Designated Property or property within a
Landmark District who desires a marker to install on their Building. The City may also develop a
marker or signage program to recognize designated Landmark Districts.
B.
Historic Preservation Grant Program. The City may authorize funding sources to create
a financial incentive program for purposes of encouraging owners of a Designated Property or
property within a Landmark District participation in preserving their property for purposes of
historic preservation. The Commission will advise the Council on organization and administration
for any such local finance program.
C.
Staff Assistance. The Assigned Staff Person will provide guidance and assistance in
applications for State and National tax credit programs.
.110.

Appeals.

A.
Appeal. Any action by the Commission in approving, approving with conditions, or
disapproving an action under this Chapter may be appealed to the Common Council by the
applicant.
B.
Common Council action on appeal. The Common Council shall consider the application
on the record established before the Commission. The Common Council shall take such action as
is deemed necessary to remedy said situation, including, but not limited to:
1.
2.
3.
.120.

Reversing the decision.

Altering the conditions of approval.
Remanding the application to the Commission for rehearing.

Variances by other City review bodies.

If an application for a variance involving a designated property is before the Zoning Board of
Appeals or the Planning and Zoning Commission, the Commission will be given the opportunity
to make a written recommendation as to its approval. The Zoning Board of Appeals or the Planning
and Zoning Commission will not take action on said development application for a variance
without receiving the written recommendation from the Commission as long as the written
recommendation is received with in the required timeframe for review.
.130.

Penalties.

Any person violating the provisions of this Chapter will be subject to the general penalty provisions
of this Ordinance.
A.

Additional penalties. Additional penalties for violation of this Chapter include:

18
Packet Pg. 21

1.

Any person who constructs, alters, relocates, changes the appearance or demolishes
a Landmark Property or property within a Landmark District in violation of any
section may be required to restore the Building, lands, sites, Structure or setting to
its appearance prior to the violation.

2.

Any variances or historic preservation benefits previously granted to the property

may be subject to revocation.

3.

A violation of the Chapter is a misdemeanor.

19
Packet Pg. 22

!"#!#$%&'()*&+)",'!"#!%"-.%$'
!
Property Name

Address

Balfour, Dr. Donald C., House

Chateau Dodge Theatre
Hamilton Music Company/Avalon Hotel

427 Sixth Ave SW

15 1st St NW
301 Broadway Ave N.

Plummer Building

110-15 2nd Ave SW

Plummer, Henry S., House (Quarry Hill)

1091 Plummer Lane

Rochester Armory

121 Broadway Ave N.

Rochester Public Library / Mitchell

Student Center - Mayo Medical School
Timothy A. Whiting House (moved)

226 2nd St SW

Toogood Barns

615 16th St SW

William J. Mayo House

Stoppel Farmstead

701 4th St SW
1195 West Circle Dr SW

225 1st Ave NW

Packet Pg. 23

!"#!#$%&'!#(%)(*+,',+)&-+".'!"#!%"(*%$'
'
Property Name

Calvary Episcopal Church

Christ United Methodist Church
Chucks Tire & Auto
Commercial Building (I. O. O. F.
Building / Eagle Grocery)
Days Inn / Pannekoeken
Chicago Great Western Depot (El Loro
Mexican Restaurant)
First Presbyterian Church
Franklin Heating Station
Home Instead Senior Care
House
The Kahler Grand Hotel
Massey Building
Mayo Building
Mayo Clinic Hospital: Methodist Campus
McGoon's / Goonie's
Qwest Communications
Rochester Travelers Hotel (Colonial
Motor Hotel / The Beverly)
Trinity Lutheran Church
William W. Mayo Statue
Words Players Theatre (Conley Camera
Factory)
Assisi Heights
Bridge #4481

Address

111 3 Ave SW
400 5 Ave SW
102 Broadway N
23 2 St SW
6 1 Ave NW
20 4 St SE
512 3 St SW
119 3 St SW
304 6 St SW
103 6 Ave SW
20 2 Ave SW
202 1 Ave SW
200 1 St SW
201 Center St W
7 2 St SW
320 2 Ave SW
426 2 St SW
532 2 St SW
n/a 1 St SW between 3rd
& 4th Aves SW
12-14 4 St SW
1001 14th St NW
n/a Quarry Hill Nature
Center

Building #31/Floral Hall

Olmsted County
Fairgrounds SE

Bulbulian House

1229 Skyline Dr
SW

CCC / Fair Board Office Building

1408 Fairgrounds Ave SE

Packet Pg. 24

CCC blacksmith's shop

Fairgrounds Ave SE

CCC/WPA walls

Olmsted County
Fairgrounds SE

Charles H. Mayo Residence

Charles Sheard Residence
D. C. Campbell Residence
Dairy Queen
Dobyns Residence
Dr. Conrad W. Baars House
Dr. David M. Berkman Residence
Dr. E. Judd Starr Residence
Dr. James Broadbent Residence
Dr. Joe R. Brown Residence
Edwards Residence
Fairgrounds Grandstand

3320 Mayowood Drive

SW
2217 Balsam Ct SW
601 Memorial Parkway
SW
538 Broadway Ave N
602 Memorial Parkway
SW
1025 Mayowood Road SW
622 5th St SW
721 12th Ave SW
2410 Hillside Lane SW
2303 Crest Lane SW
607 Memorial Parkway
SW
Graham Park/Olmsted
County Fairgrounds SE

First Unitarian Church

1727 Walden Lane SW

Francis H. Underwood Residence

624 Memorial Parkway

SW
N/A off 9th Ave NE

George Healy Memorial Chapel

Granville Woodworth Memorial
Gateway
Hawthorne School
Horace Mann School
House
House
House
Industrial Education Building
International Business Machines Corp.
Building
J. A. Spittel Residence
J.A. Stocke Residence
Jefferson School
John & Rena Dyer Residence
Joseph & Judith Foss Lustron House
K. V. Ogle Residence
Keys House

N/A 7th Ave NE

700 4th Ave SE
1122 8 Ave SE
610 Memorial Parkway
SW
606 Memorial Parkway
SW
303 6th Ave SW
Olmsted County
Fairgrounds SE
3700 US Hwy. 52
614 Memorial Parkway
SW
910 Folwell Dr SW
1201 10th Ave NE
1104 7th Ave SW
733 13th Ave NE
625 Memorial Parkway
SW
1217 Skyline Dr SW

Packet Pg. 25

Lawler Residence
Log Cabin Motel and Grill
Lourdes High School
McBean House
Monarch/Libby's/Seneca Foods
Canning Co., water tower
Newton E. Holland Residence
Olmsted County Garage
Plummer Caretaker's Cottage

621 Memorial Parkway

SW
2345 Marion Rd SE
621 Center St W
1532 Woodland Dr SW
1217 3 Ave SE

Rochester State Bank

834 7th Ave SW

14xx 3 Ave SE
933 11th St SW
611 Memorial Parkway
SW
615 Memorial Parkway
SW
331 16th Ave NW

Rochester State Hospital Cemetery

N/A 8th St NE

R. V. Randall Residence
Remine Residence

Roy Watson Residence

Saint John's Cemetery
Silo
Silver Lake Power Generating Plant

620 Memorial Parkway

SW
500 11th Ave NE
N/A UCR Dr SE
425 2nd Ave NE

Soldiers Memorial Field

St. Francis of Assisi Catholic
Church
St. Mary's Hospital
St. Mary's Hospital Chapel
Talbert & Catherine Cooper
Residence
Indian Heights Park

N/A 7th St SW

Bridge No. 9407

CSAH 16 over US 63

1114 3rd St SE
1216 2 St SW
2 St SW
1101 7th Ave SW
1800 Terracewood Dr
NW

Bridge No. 89188

7th St. over the Zumbro

River

Folwell School

603 15th Ave SW

Residences of Old City Hall

Silver Lake Park
Winona & St. Peter / Dakota, Minnesota
& Eastern Railroad Segment

224 1 Ave SW
W. Silver Lake Dr NE
Nr 1st St NE, between W
Silver Lake Dr NE and E
Circle Dr NE

Packet Pg. 26

Residences of Old Town Hall

607 East Center Street

The Redwood Room

300 1 Ave NW

Extra-ordinary Bookseller-Attorneys at
Law-Barrister Hall

9-11 1 St NW

Apartment Building (Stevenson)

613 2 St SW

Zumbro Lutheran Church

210 6 St SW

Tech Doctors/Fudge Shop

24 6 St SW

International African Mall

101 Broadway N

Associated Bank

206 Broadway S

Central Park

225 1st Ave NW

Mayo Field

400-500 Center St E

Central Fire Station Clock

Location Not Final

Pill Hill Residential District (130

Buildings, 2 Structures) ! National
Register of Historic Places District

Roughly bounded by 3rd and

9th Sts. and 7th and 10th
Aves. SW

Downtown Historic District 25 potential

contributing properties listed in the
attachment, in addition to the Chicago
Great Western Depot.)

!
"

Packet Pg. 27

RES

RES

RES

RES

RES

RES

Poole Drygood

Everstine
Drygoods Store

Saloon/Meat

Rommel Meat
315; Saloon

A. Nelson's
Mammoth Store

Steadman's
Bakery

Clausen & Adler

Hardware

Broadway Jewelry &

Visual Arts; Carson
Art; Hueys Liquor

Commercial Building

Refashion Consigned
Furniture & Clothing

Commercial Building;
Steam, C&C, Bach
Music

Paine Furniture Co.

Big Brads

10 Kathy's Pub

UDD
17 4 St SW
BIOS

Hotel Francis

Commercial Building
Hotel Francis

RES

UDD

Commercial Building; Thomas Barber

Board to Death Sports Hupmobile

307
Broadway S

309
Broadway S

311-313
Broadway S

315-317
Broadway S

319-321
Broadway S

323
Broadway S

325
Broadway S

8 4 St SW

405
Broadway S

RES

PF Johnson
undertaker/
furniture

Commercial Building;
Rosie Belle

Address

Contexts

Original Name

Property Name (All in

106 Group 1 Review)
Style

Architec
t-Builder

c.
1880
c.
1880

Olds/
Fishbach
Olds/
Fishbach
OL
ROC-531

OL
ROC-532

1879

G.
Woodworth

French
OLsecond
ROC-049
empire

1875

1885

1885

1918

1914

c.
1877

1879

Year

OLROC-533

OL
ROC-534

OL
ROC-536

OL
ROC-538

OL
ROC-066

OL
ROC-462

OLItalianate

ROC-063 ?

SHPO
Inv. No.
History

84 Saloon/Meat,1904 Ole Hanson

Son Hdwr

to1904 Everstine drygoods store; 1904

Sunshine Store glassware

1870 Burned 1878

Packet Pg. 28

Palace Block 1884 Andrew Nelson's

Mammoth Store Burned 1878

1885 Burned 1878

1885

1885 84 Saloon/Meat Rommel

same

same

89 Gen Variety 1904-13 FA Poole

same drugs wallpaper, Huey's Liquor,
Carson

same Early hotel, Hospitality

Built as Hupmobile (1909-1940) Olds

c.
'59, along wi/ Conley ? 1st/last
1900
remaining auto dealer Thos. Barber

Orig Central business district. Rommel

1878 Block, PF Johnson, undertakerfurniture Tolleffson, Vine 1920

106
Year

In DMC District Boundaries:Downtown Historic District Addition:25 Possible Contributing Properties for Evaluation:Conservancy 04.06.15 Council

Sontes Wine Bar and

Tapas

Dr. Kelly's Brick

Block

Patterson Dahlberg
Lund

21

UDD

Olmsted County
Coopertive

19 Riverside

RES

UDD
BIAS

UDD

BlakelPost &
Reccord

18 Blakely Building

Time Theater

UDD
BIAS

Henry Dlouhy's
Saloon

City Market /Olive

17 Juice Studios (AKA
Wellington Sq.)

Moon Shine Shortys /

Union Labor Center

UDD

Jonathan
Cassedy granite
works

16 Newts / City Cafe

20

UDD

RES

Stebbens
Building

DH Williams

Bilotti's Half Barrel

Kruesel's Gen Merch

14

Built
Julia
Kennedy

OLROC-456
OL
ROC-548

330
Broadway
Ave S

OL!
ROC-064

400 S
Broadway
Ave
11 4 St SE

OL
ROC-028

OL
ROC-392

OL
ROC-393

OL
ROC-029

Garfield
Schwartz
contract

Com'l
Bldr:
OLItalianate Col. DH
ROC-057
?
Wlliams

OL
ROC-443

OL
ROC-056

OLROC-444

210 1 Ave SW

212 1 Ave SW

216 1 Ave SW

220 1 Ave SW

304 1 Ave SW

14 3 St SW

10 3 St SW

UDD
BIAS
DD

4 3 St SW

RES

Downtown Book and

15 Video/ China Hall
1937

Saloon

Downtown Kitchen
Daube

Kennedy Bldg.

Union National
Bank

13

12 The Taphouse

11

1858

1938

1920

1902

c.
1900

1930

1917

1879

1920

c.
1899

1869

Jonathan Cassedy granite in 1860s

before 1899-1930 as marble works.

Built as Office Bldg,; 1899 China &

Glassware in Sanborn

Agricultural Implements; Williams was

Colonel in Civil War; prominent in city

1920 OCC; 1930 Nelson tire; Orlen

Ross; Louise Hill

Packet Pg. 29

1884 Saloon & Restaurant; Rochester

1900 Republican 1899 Columbia Hotel,
Powderly shoes

1946 1938 Red Owl 1st IBM employee

same

1902-1930s Built as Rochester Post &

same Record by Amherst Willoby Blakely;
1904 Saloon there, too

1904 Henry Dlouhy Saloon; 1913

Rochester Commercial Club; Civic
1895 League, Automobile Club C. Mayo;
lots of important businessmen upstairs
became chamber

1895

same

1880

1920 Saloon 1919 Eagle

1888 Saloon construction to be built 1899

Survived fire 1878, George Allen, city

Atty, law offices, Bud Wilson Muni
Judge, Toogood Stevenson loan &
same
insurance, Bank Officers: FT Olds, JD
Blake, treas. & mayor, Dr. Graham, J
Daniels, AC Gooding,

In DMC District Boundaries:Downtown Historic District Addition:25 Possible Contributing Properties for Evaluation:Conservancy 04.06.15 Council

Barber shop

Mango Thai; Impiana

Sushi

25

UDD

Vroman? Butter &

RES
Eggs

Commercial Building
Const Collab

RES

Wholesale
Grocery

23 Fagan Studio

24

UDD
BIAS

Station Saloon

Commercial Building;
Bluestem Graphics/D.
22
Holms Meir
Photography

OLROC-535
OL
ROC-546

318
Broadway
Ave S

OL
ROC-537

OL
ROC-547

320
Broadway S

324
Broadway S

326-328
Broadway
Ave S

c.
1905

c.
1870

c.
1873

c.
1899

Packet Pg. 30

1900 Barber, shop before and after

1877 photo; 1899 eggs poultry; 1884

1900 butter & eggs; Vroman; 1904 WJ
Eaton; 1909 Bijou Theater

1910 "1910" was added post renovation

1900 Saloon

In DMC District Boundaries:Downtown Historic District Addition:25 Possible Contributing Properties for Evaluation:Conservancy 04.06.15 Council