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ORDINANCE 5-89
BROOKINGS HISTORIC PRESERVATION COMMISSION ORDINANCE
An Ordinance establishing Article VI of Chapter 10 of
the Revised Ordinances of the City of Brookings, South
Dakota, pertaining to the creation of a historic
preservation commission.
The governing body of the City of Brookings has adopted
Ordinance 5-89 which establishes Article VI of Chapter 10 of
the Revised Ordinances of the City of Brookings. Anyone
interested in obtaining or reviewing a copy of Ordinance
5-89 may do so by contacting the City Finance Office at 311
Third Avenue, Brookings, South Dakota.
First Reading: May 2, 1989
Second Reading and Adoption: May 16, 1989
Published: May 26, 1989
Published: June 2, 1989
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'Finance Officer Mayor
� � � ORDI�TA�TCE 80. 5-89
AN ORDINANCE ESTABLISHING ARTICLE VI of Chapter 10 of the
Revised Ordinances of the City of Brookings, South Dakota, and
pertaining to historic preservation in the City of Brookings,
South Dakota.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
BROOKINGS, SOUTH DAKOTA as follows, to-wit:
ARTICLE VI HISTORIC PRESERVATION
Section 10-90. Purpose.
Whereas, the Legislature of the State of South Dakota has
determined that the historical, architectural, archaeological,
and cultural heritage of this state is among its most important
assets and has authorized cities to adopt regulations and
restrictions for the protection of such places and areas, the
purpose of this article is to allow the city to engage in a
comprehensive program of historic preservation to promote the
inspiration, pleasure, and enrichment of the citizens of this
city and to preserve, promote and develop the historical
resources of the city. The city adopts this chapter pursuant to
the authority of SDCL 1-19B and by incorporating provisions
therefrom in this chapter.
Section 10-91. Historic Preservation Commission Created.
Pursuant to SDCL 1-19B, there is hereby created an historic
preservation commission for the city. The historic preservation
commission will be referred to as the Brookings Historic
Preservation Commission, hereinafter referred to in this article
as the Commission.
Section 10-92 . Composition.
The Commission shall consist of not less than seven (7) nor
more than ten (10) members who shall be appointed by the city
commission with due regard to proper representation of such
fields as history, architecture, urban planning, archaeology,
and law. Al1 members of the Commission shall reside within the
city and shall serve three year terms. Each member shall be
eligible for appointment for one additional term.
Section 10-93 . Vacancies.
Any vacancy in the membership of the Commission shall be
filled for the unexpired term in the same manner as provided for
appointment.
Section 10-94. Meetings. '
The Commission shall meet at such times and places as may �
be determined by said Commission. I�
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Sec. 10-95. Powers and authorities.
Pursuant to SDCL 1-19B, the Commission may exercise the
following powers, duties and responsibilities:
(1) To conduct a survey of local historic properties
complying with all applicable standards and criteria
of the statewide survey undertaken by the office of
history of the Department of Education and Cultural
Affairs.
(2) To participate in the conduct of land use, urban
renewal, and other planning processes undertaken by
the city.
(3) To acquire fee and lesser interests in historic
properties including adjacent or associated lands, by
purchase, bequest and donation, with the consent of
the city commission.
(4) Al1 lands, buildings, structures, sites, areas, or
objects acquired by funds appropriated by the city
shall be acquired in the name of the city unless
otherwise provided by the city commission. If
acquired by funds other than those appropriated by the
city, the lands, buildings or structures may be held
in the name of the Commission, the city, or both.
(5) To preserve, restore, maintain, and operate historic
properties under the ownership or control of the
Commission.
(6) To acquire by purchase, donation, or condemnation,
historic easements in any area within its jurisdiction
to the extent that the city determines that the
acquisition will be in the public interest, with the
consent of the city commission. For the purpose of
this section, "historic easement" means any easement
restriction, covenant, or condition running with the
land, designated to preserve, maintain, or enhance all
or part of the existing state of places of historical,
architectural, archaeological, or cultural
significance.
(7) To lease, sell, and otherwise transfer or dispose of
historic properties subject to rights of public access
and other covenants and in a manner that will preserve
the properties within its jurisdiction, with the
consent of the city commission.
(8) To promote and conduct an educational and interpretive
program on historic properties within its
jurisdiction.
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(9) To recommend ordinances and otherwise provide
information for the purposes of historic preservation
to the city commission.
(10) To establish an endowment fund for the purpose of
providing low interest loans and/or grants to allow
for the restoration and preservation of historic
properties, with the consent of the city commission.
(il) To recommend to the board of adjustment exemptions
from the Uniform Building Code relating to exterior
features of structures designated by the city
commission as having historical or architectural
signif icance.
(12) To otherwise carry out the duties and responsibilities
set forth in SDCL 1-19B.
Section 10-95. Brookings Register of Historic Places.
Pursuant to SDCL 1-19B-53, the City of Brookings hereby
creates the Brookings Register of Historic Landmarks,
hereinafter referred to as "the register. "
Section 10-97. Criteria for designation.
The Commission shall, upon such investigation as it deems
necessary, make a determination as to whether a nominated
property, structure, or area meets one or more of the following
criteria:
(1) It is associated with events that have made a
' significant contribution to the broad patterns of
Brookings history; or
(2) Its identification with a person or persons who
significantly contributed to the development of the
community, county, state, or country; or
(3) Its embodiment of distinctive characteristics of a
type, period, or method of construction; or
(4) It represents the work of a master or possesses high �
artistic values; or
(5) It represents a significant and distinguishable group
or theme whose components may lack individual
distinction; or
(6) It has yielded or may be likely to yield information
important in prehistory or history.
Section 10-98. Nomination of structures and/or historical
areas to the register.
Nominations shall be made to the Commission on a form
prepared by it and my be submitted by a member of the
Commission, owner of record of the nominated property or
structure, the city commission, or any other person or
organization.
Section 10-99. Notification of nomination.
The Commission shall notify the owners and occupants of all
property nominated to the local register of the date on which
the Commission will hear the nomination. Notification will be
at least fourteen (14) days prior to the meeting. The city
shall also publish a notice of the time and place of the meeting
in the official newspaper of the city at least one week prior to
the meeting.
Sec. 10-100. Determination of the Commission.
The Commission shall adopt by resolution a recommendation
that the nominated structure, property or area does or does not
meet the criteria for designation specified in section 10-97.
The resolution will be accompanied by a report to the city
commission containing an explanation of the significance of the
nominated structure, property, or area as it relates to the
criteria for designation.
Sec. 10-101. Notification of determination.
A notice of the determination shall be sent by regular mail
to the owner of record of all property nominated to the local
register. The notice shall include a copy of the report sent to
the city commission concerning the nomination and shall be sent
within seven (7) days of the Commission's adoption of a
resolution. If the decision is that the nominated property does
meet the criteria for designation, a copy of the report and
resolution shall be sent to the city commission for official
designation by ordinance.
Sec. 10-102 . Appeal.
A determination by the Commission that the nominated
property does not meet the criteria for a designation shall be a ��
final decision unless the applicant files a written appeal with '
the city finance office within twenty (20) days of the
postmarked date of the notice of determination. ,
Sec. 10-103. Action by city commission.
The city commission shall either reject the recommendation
or written appeal or they shall designate the property by
ordinance within sixty (60) days after receiving the resolution
from the Commission or the appeal from the owner. The city
commission's action shall occur at a regular city commission
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meeting at least one week after a notice has been published in
the official newspaper stating a time and place of the meeting.
Sec. 10-104. Demolition and housing moving.
Every application for a demolition permit or a housing
moving permit for a property listed on the local register or in
an historical area shall be forwarded to the Commission within
seven (7) days following receipt of the application by the
office of the city engineer.
Sec. 10-105. Notice of intent to demolish or move.
The owner of any structure on the local register or in an
historical area, upon application for a demolition or housing
moving permit, shall be required to post four (4) signs on the
property stating the intent to demolish or move the structure.
The signs shall be provided by the office of the city engineer
and shall be placed on the four (4) corners of the property.
The signs must be posted within seven (7) days of the date of
application and must remain posted for a minimum of one hundred
eighty (180) days or until approval is received from the
Commission.
Sec. 10-106. Delay of demolition or housing moving.
A permit to demolish or move a structure on the local
register or in an historical area may not be obtained for a
period of one hundred eighty (180) days from the date the
Commission receives a copy of the application from the office of
the city engineer unless approval is given by the Commission at
an earlier date. During this period, the Commission may attempt
to preserve the property in any way allowed by SDCL 1-19B.
Sec. 10-107. Moving structures into an historic area.
Before a structure can be moved into an historic area, the
procedure described in sections 10-104 and 10-105 must be
followed. If the structure proposed for the area does not meet
the approval of the Commission, a permit will not be issued for
one hundred eighty (180) days from the date the Commission
receives a copy of the application from the office of the city
engineer. During this period, the Commission may negotiate with
the property owner to attempt to find a reasonable alternative
to any adverse effects on this historic area.
Sec. 10-108. Penalties.
Any person who demolishes or removes a structure listed on
the local register or in an historic area without following the
provisions of this chapter shall be guilty of a violation of
this ordinance and shall be subject to a fine not exceeding one
hundred dollars ($100. 00) .
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Sec. 10-109. Governing body's power.
The city commission is empowered to provide by regulations,
special conditions or restrictions for the protection,
enhancement, preservation and use of historic properties. Such
regulations, special conditions and restrictions may include
appropriate and reasonable control of the use or appearance of
adjacent or associated private property within the public view.
FIRST READING May 2 , 1989
SECOND READING May 16, 1989
PASSED AND APPROVED May 16, 1989
CITY OF BROOKINGS
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