Editor's Note—In order to be consistent with the numbering
of the City's municipal code, the editors have given this chapter
a 3-digit number followed by a decimal point and another 3-digit number.
Ord. no. 09-7335 adopted 2-9-09 originally numbered this chapter as
405A, which numbers are noted in the history note of each section
for ease of reference. In order to allow for expansion in the future
and consistency as noted above the editors have numbered this as ch.
407.
[Ord. No. 09-7335 §2(405A.010), 2-9-2009]
A.
Purpose. The purpose of this Chapter is to promote the educational,
cultural, economic and general. welfare of the community by:
1.
Providing
a mechanism to identify and preserve the distinctive historic, archaeological
and architectural characteristics of the City of Webb City which represent
elements of the City's cultural, social, economic, political and architectural
history;
2.
Fostering
civic pride in the beauty and noble accomplishments of the past as
represented in the City of Webb City's landmarks and historic districts;
3.
Conserving
and improving the value of property designated as landmarks or within
historic districts;
4.
Providing
for economic benefits to encourage business and residential owners
to locate and invest in historically significant properties;
5.
Protecting
and enhancing the attractiveness of the City to home buyers, tourists,
visitors and shoppers and thereby supporting and promoting business,
commerce and industry and providing economic benefit to the City;
6.
Fostering
and encouraging preservation, restoration and rehabilitation of the
historic structures, areas and neighborhoods and thereby preventing
future urban blight;
7.
Promoting
the use of historic districts and landmarks for the education, pleasure
and welfare of the people of the City;
8.
Promoting
the identification, evaluation, protection and interpretation of the
prehistoric and historic archaeological resources within the incorporated
limits of the City.
B.
ALTERATION
AREA
CERTIFICATE OF APPROPRIATENESS
CERTIFICATE OF ECONOMIC HARDSHIP
COMMISSIONERS
CONSTRUCTION
CULTURAL RESOURCES
DEMOLITION
DESIGN GUIDELINE
EXTERIOR ARCHITECTURAL APPEARANCE
HISTORIC DISTRICT
HISTORIC SIGNIFICANCE
HPC
LANDMARK
MINIMUM MAINTENANCE
ORDINARY MAINTENANCE
OWNER OF RECORD
PUBLIC IMPROVEMENT PROJECT
REMOVAL
REPAIR
SECRETARY OF THE INTERIOR'S STANDARDS
SITE
STOP WORK ORDER
STRUCTURE
SURVEY
Definitions. Unless specifically defined below, words or
phrases in this Chapter shall be interpreted so as to give them the
same meaning as they have in common usage and so as to give this Chapter
its most reasonable application.
Any act or process that changes one (1) or more historic,
architectural or physical features of an area, site, landscape, place
and/or structure including, but not limited to, the erection, construction,
reconstruction or removal of any structure; the expansion or significant
modification of agricultural activities; and clearing, grading or
other modification of an area, site or landscape that changes its
current condition.
A specific geographic division of the City of Webb City.
A certificate issued by the Historic Preservation Commission
(HPC) indicating its approval of plans for alteration, construction,
removal or demolition of a landmark or of a structure within a historic
district.
A certificate issued by the HPC authorizing an alteration,
construction, removal or demolition, even though a certificate of
appropriateness has previously been denied.
Members of the Webb City Historic Preservation Commission.
The act of adding an addition to an existing structure or
the erection of a new principal or accessory structure on a lot or
property.
Districts, buildings, sites, structures, objects and evidence
of some importance to a culture, a subculture or a community for scientific,
engineering, art tradition, religious or other reasons significant
in providing resource and environmental data necessary for the study
and interpretation of past life ways and for interpreting human behavior.
Any act or process which destroys in part or in whole a landmark
or a structure within a historic district or which threatens to destroy
a landmark or a structure within a historic district or which destroys
or threatens to destroy a potentially significant property or structure
by failure to maintain it in a condition of good repair and maintenance.
A standard of appropriate activity that will preserve the
historic, prehistoric, architectural, scenic or aesthetic character
of a landmark or historic district.
The architectural character and general composition of the
exterior of a structure including, but not limited to, the kind, color
and texture of the building material and the type, design and character
of all windows, doors, light fixtures, signs and appurtenant elements
An area designated as a "historic district" by ordinance
of the City Council which may include individual landmarks, as well
as other properties or structures which, while not of such historic
and/or architectural significance to be designated as landmarks, nevertheless
contribute to the overall visual characteristics and historical significance
of the historic district.
Character, interest or value as part of the development,
heritage or culture of the community, County, State or country; as
the location of an important local, County, state or national event;
or through identification with a person or persons who made an important
contribution to the development of the community, County, State or
country.
Members of the Historic Preservation Commission.
A property or structure designated as a "landmark" by ordinance
of the City Council, pursuant to procedures prescribed herein, which
is worthy of rehabilitation, restoration, interpretation and preservation
because of its historic, architectural or archaeological significance
to the City of Webb City.
The minimum regulations governing the conditions and maintenance
of all existing structures, as set out in the IBC International Building
Code (2006), as published by the IBC International Building Code (2006)
and adopted by reference, with certain amendments thereto by the City
Council of the City of Webb City, Missouri, as such existing structures
code shall be amended from time to time by the City of Webb City.
Any work for which a building permit is not required by municipal
ordinance, where the purpose and effect of such work is to correct
any deterioration or decay of, or damage to, a structure or any part
thereof and to restore the same, as nearly as may be practical, to
its condition prior to the occurrence of such deterioration, decay
or damage and does not involve change of materials nor of form.
The person, corporation or other legal entity listed as owner
on the records of the County Recorder of Deeds.
An action by the City of Webb City or any of its departments
or agencies involving major modification or replacement of streets,
sidewalks, curbs, street lights, street or sidewalk furniture, landscaping,
parking or other portions of the public infrastructure servicing commercial,
residential, recreational or industrial development; or any undertakings
affecting City Parks or City owned structures.
Any relocation of a structure, object or artifact on its
site or to another site.
Any change that is not construction, alteration, demolition
or removal and is necessary or useful for continuing normal maintenance
and upkeep.
The Secretary of the Interior's Standards for the Treatment
of Historic Properties are sets of treatment standards intended to
assist users in making sound historic preservation decisions for the
preservation, rehabilitation, restoration or reconstruction of historic
properties. The Standards are codified as 36 CFR Part 68 in the July
12, 1995, Federal Register (Vol. 60, No. 133).
The traditional, documented or legendary location of an event,
occurrence, action or structure significant in the life or lives of
a person, persons, groups or tribe or any place with evidence of past
human activity. Sites include, but are not limited to, cemeteries,
burial grounds, occupation and work areas, evidence of farming or
hunting and gathering, battlefields, settlements, estates, gardens,
groves, river crossings, routes and trails, caves, quarries, mines
or significant trees or other plant life.
An order directing an owner, occupant, contractor or subcontractor
to halt an action for which a certificate of appropriateness is required
and notifying the owner, occupant, contractor or subcontractor of
the application process for a certificate of appropriateness.
Anything constructed or erected, the use of which requires
permanent or temporary location on or in the ground including, but
without limiting the generality of the foregoing, buildings, fences,
gazebos, advertising signs, billboards, backstops for tennis courts,
radio and television antennae and towers and swimming pools.
The systematic gathering of information on the architectural,
historic, scenic and archaeological significance of buildings, sites,
structures, areas or landscapes through visual assessment in the field
and historical research for the purpose of identifying landmarks or
districts worthy of preservation.
[Ord. No. 09-7335 §2(405A.120), 2-9-2009; Ord. No. 09-7359 §1, 10-26-2009]
A.
Composition Of Historic Preservation Commission. The Historic
Preservation Commission (HPC) shall consist of five (5) members, residents
of the City of the City of Webb City, or owners of business property
in the City of Webb City, all of whom shall be appointed by the Mayor.
In addition, a member of the City Council and of the Planning and
Zoning Commission may be appointed to serve as a liaison. The Council
and zoning representatives shall vote, but shall not hold office.
All Commission members must have a demonstrated interest, competence
or knowledge in historic preservation. To the extent available in
the community the HPC shall include professional members representing
such disciplines as architecture, architectural history, prehistoric
and historic archaeology, planning, urban design, cultural geography,
cultural anthropology, folklore, curation, conservation, landscape
architecture, law, real estate brokerage, banking, history or other
fields related to historic preservation, and residents of historic
districts or potential historic districts.
B.
Terms. The terms of office of the members of the HPC shall
be for three (3) years, excepting that the membership of the first
(1st) HPC appointed shall serve respectively for terms of two (2)
for one (1) year; two (2) for two (2) years; and one (1) for three
(3) years. Vacancies shall be filled for the unexpired term only.
Action to fill vacancies shall be initiated within sixty (60) days.
The HPC shall hold at least four (4) meetings per year and any member
of the HPC who fails to attend at least fifty percent (50%) of all
meetings, regular and special, in any calendar year shall thereby
automatically vacate the membership.
C.
Officers. Officers shall consist of a Chairman and a Vice
Chairman elected by the HPC who shall each serve a term of one (1)
year and shall be eligible for re-election; but no member shall serve
as Chairman for more than two (2) consecutive years. The Council and
Planning and Zoning Commission representatives shall not be eligible
for office. The chairman shall preside over meetings. In the absence
of the Chairman, the Vice Chairman shall perform the duties of the
Chairman. If both are absent, those present shall elect a temporary
Chairman. The Secretary of the HPC shall be appointed by the City
Administrator and shall have the following duties:
1.
Take
minutes of each HPC meeting;
2.
Be responsible
for publication and distribution of copies of the minutes, reports
and decisions to the members of the HPC;
3.
Give
notice as provided herein by law for all public hearings conducted
by the HPC;
4.
Advise
the Mayor of vacancies on the HPC and expiring terms of members; and
5.
Prepare
to submit to the Council a complete record of the proceedings before
the HPC on any matter requiring Council consideration.
D.
Meetings. A quorum shall consist of three (3) of the members.
All decisions or actions of the HPC shall be made by a majority vote
of those members present and voting at any meeting where a quorum
exists. Meetings shall be held at regularly scheduled times to be
established by resolution of the HPC at the beginning of each calendar
year or at any time upon the call of the Chairman, but no less than
once each quarter. Public notice of all meetings shall be posted in
conformance with standard City policy and Section 610.020, RSMo. No
member of the HPC shall vote on any matter that may materially or
apparently affect the property, income or business interest of that
member. No action shall be taken by the HPC that could in any manner
deprive or restrict the owner of property in its use, modification,
maintenance, disposition or demolition until such owner shall first
have had the opportunity to be heard at public meeting of the HPC
as provided herein. All meetings of the HPC shall be open to the public
except as allowed by State law. The HPC shall keep minutes of its
proceedings, showing the vote, indicating such fact and shall keep
records of its examinations and other official actions, all of which
shall be immediately filed in the office of the City Clerk and shall
be public record. All HPC rules of procedure, designation criteria,
design guidelines and forms shall be available to the public at the
office of the City Clerk.
E.
Funding. The City Council may annually appropriate funds,
within the budget limitations, for the operation of the HPC. The HPC
may, with the consent of the City Council, apply for, receive or expend
any Federal, State or private grant, grant-in-aid, gift or bequest
in furtherance of the general purposes of this Chapter.
F.
Compensation. The members shall serve without compensation
but shall be reimbursed for expenses they incur while on Commission
business.
G.
Powers And Duties. The HPC shall have the following powers
and duties:
1.
To adopt
its own bylaws and procedural regulations, provided that such regulations
are consistent with this Chapter and the Revised Statutes of the State
of Missouri;
2.
To conduct
an ongoing survey for the identification of historically, archaeologically
and architecturally significant properties, structures, sites and
areas that exemplify the cultural, social, economic, political or
architectural history of the nation, State or City; and to maintain
the research information in an inventory accessible to the public
(except for archaeological site locations, which shall be restricted);
3.
To investigate
and recommend to the Planning and Zoning Commission and to the City
Council the adoption of ordinances designating for protection properties
or structures having special cultural, historic, archaeological, community
or architectural value as an Overlay Zoning District (HL) "landmarks";
4.
To investigate
and recommend to the Planning and Zoning Commission and the City Council
the adoption of ordinances designating for protection areas as having
special cultural, historic, archaeological, community or architectural
value as an Overlay Zoning District (HD) "historic districts";
5.
To keep
a register of all properties and structures which have been designated
as landmarks or historic districts, including all information required
for each designation;
6.
To confer
recognition upon the owners of landmarks and property or structures
within historic districts by means of certificates, plaques or markers;
and to make recommendations for the design and implementation of specific
markings of the streets and routes leading from one landmark or historic
district to another;
7.
To advise
and assist owners of landmarks and property or structures within historic
districts on physical and financial aspects of preservation, renovation,
rehabilitation and reuse and on procedures for inclusion on the National
Register of Historic Places;
8.
To nominate
landmarks and historic districts to the Webb City Historic Register
and to the National Register of Historic Places and to review and
comment on any nominations to the National Register of Historic Places;
9.
To inform
and educate the citizens of the City of Webb City concerning the historic,
archaeological and architectural heritage of the City through publication
or sponsorship of maps, newsletters, brochures, pamphlets, programs
and seminars by the City, the HPC or other appropriate parties;
10.
To
hold public hearings and to review applications for construction,
alteration, removal or demolition affecting proposed or designated
landmarks or structures within historic districts and issue or deny
certificates of appropriateness for such actions. Applicants may be
required to submit plans, drawings, elevations, specifications and
other information as may be necessary to make decisions;
11.
To
hold public hearings on each proposed nomination of a landmark and
of a historic district and on the guidelines developed for each nomination;
12.
To
request the Building Inspector to issue stop work orders for any construction,
alteration, removal or demolition undertaken without a certificate
of appropriateness or to stop work that violates the conditions of
a certificate;
13.
To
review all applications for demolition permits within the corporate
limits of the City to determine impact to significant cultural resources,
including those not yet nominated as landmarks or as contributing
properties within a historic district;
14.
To
consider applications for certificates of economic hardship that would
allow the performance of work for which a certificate of appropriateness
has been denied;
15.
To
develop specific design guidelines based on the Secretary of the Interior's
standards for rehabilitation for the alteration, construction or removal
of landmarks or property and structures within historic districts;
16.
To
review proposed zoning amendments, applications for special use permits
or applications for zoning variances that affect proposed or designated
landmarks or historic districts;
17.
To
administer on behalf of the City of Webb City any property of historical
significance or full or partial interest in real property, including
easements, that the City of Webb City may have or accept as a gift
or otherwise, upon approval by the City Council;
18.
To
accept and administer on behalf of the City of Webb City, upon approval
of the Council, such gifts, grants and money as may be appropriate
for the purposes of this Chapter. Such money may be expended for publishing
maps and brochures or for hiring staff persons or consultants or performing
other functions for the purpose of carrying out the duties and powers
of the HPC and the purposes of this Chapter;
19.
To
call upon available City staff members as well as other experts for
technical advice;
20.
To
retain such specialists or consultants or to appoint such citizen
advisory committees as may be required from time to time;
21.
To
testify before all boards and commissions, including the Planning
and Zoning Commission and the City Council, on any matter affecting
historically, archaeologically, culturally and architecturally significant
property, structures, sites and areas;
22.
To
make recommendations to the City Council concerning budgetary appropriations
to further the general purposes of this Chapter;
23.
To
develop a preservation component in the Master Plan of the City of
Webb City and to recommend it to the Planning and Zoning Commission
and to the City Council;
24.
To
periodically review the City of Webb City zoning ordinance and to
recommend to the Planning and Zoning Commission and the City Council
any amendments appropriate for the protection and continued use of
landmarks or property, sites and structures within historic districts;
and
25.
To
undertake any other action or activity necessary or appropriate to
the implementation of its powers and duties or to implementation of
the purpose of this Chapter.
[Ord. No. 09-7335 §2(405A.130), 2-9-2009]
A.
The HPC
shall undertake an ongoing survey and research effort in the City
of Webb City to identify neighborhoods, areas, sites, structures and
objects that have historic, cultural, archaeological, architectural
or aesthetic importance, interest or value and shall maintain an inventory
of that information. Before the HPC shall on its own initiative nominate
any landmark or district for designation, it shall develop a plan
and schedule for conducting a comprehensive survey of the City of
Webb City to identify significant resources. As part of the survey,
the HPC shall review and evaluate any prior surveys and studies by
any unit of government or private organization and compile appropriate
descriptions, facts and photographs. The HPC shall systematically
identify potential landmarks and historic districts and adopt procedures
to nominate them based upon the following criteria:
1.
The
potential landmarks and historic districts in one (1) identifiable
neighborhood or distinct geographical area of the City of Webb City;
2.
The
potential landmarks and historic districts associated with a particular
person, event or historical period;
3.
The
potential landmarks and historic districts of a particular architectural,
style or school or of a particular architect, engineer, builder, designer
or craftsman;
4.
The
potential landmarks and historic districts containing historic and
prehistoric archaeological resources with the potential to contribute
to the understanding of historic and prehistoric cultures;
5.
Such
other criteria as may be adopted by the HPC to assure systematic survey
and nomination of all potential landmarks and historic districts within
the City of Webb City.
|
All inventory material shall be in conformance with standards
and guidelines for cultural resource inventory as established by the
State Historic Preservation Office.
|
[Ord. No. 09-7335 §2(405A.140), 2-9-2009]
A.
General. Nominations shall be made to the HPC on a form
prepared by it and may be submitted by a member of the HPC, owner
of record of the nominated property or structure or the City Council.
Nominations shall be turned in to the City Clerk who will within seven
(7) days of receipt mail a notification of intent to nominate to the
owner of record of the nominated property. Forms and criteria for
nomination will be available at the office of the City Clerk.
B.
Criteria For Consideration Of Nomination. The HPC shall,
upon such investigation as it deems necessary, make a determination
as to whether a nominated property, structure, site, area or district
meets one (1) or more of the following criteria based on Criteria
for Evaluation for the National Register of Historic Places:
1.
Reserved.
2.
Its
potential to be returned to an accurate historic appearance regardless
of alterations or insensitive treatment that can be demonstrated to
be reversible;
3.
Its
location as a site of a significant local, County, State or national
event;
4.
Its
identification with a person or persons who significantly contributed
to the development of the community, County, State or country;
5.
Its
embodiment of distinguishing characteristics of an architectural type
valuable for the study of a period, type, method of construction or
use of indigenous materials;
6.
Its
identification as the work of a master builder, designer, architect
or landscape architect whose individual work has influenced the development
of the community, County, State or country;
7.
Its
embodiment of elements of design, detailing, materials or craftsmanship
that its character, interest or value as part of the development,
heritage or cultural characteristics of the community, County, State
or country;
8.
Its
overall setting and harmony as a collection of buildings, structures,
objects where the overall collection forms a unit and render it architecturally
significant;
9.
Its
embodiment of design elements that make it structurally or architecturally
innovative;
10.
Its
unique location or singular physical characteristic that make it an
established or familiar visual feature of the neighborhood, community
or City;
11.
Its
character as a particularly fine or unique example of a utilitarian
structure, including, but not limited to, farmhouses, gas stations
or other commercial structures, with a high level of integrity or
architectural significance;
12.
Its
suitability for preservation or restoration; and
13.
Its
potential to yield information important to history and prehistory.
|
Any structure, property or area that meets one (1) or more of
the above criteria shall also have sufficient integrity of location,
design, materials and workmanship to make it worthy of preservation
or restoration.
|
C.
Public Hearing On Landmarks And Historic Districts. Upon
receipt of a completed nomination of a landmark or historic district,
the HPC shall schedule a public hearing to solicit input and comment
on the proposed nomination and guidelines for certificates of appropriateness.
D.
Report And Recommendation Of HPC. The HPC shall within forty-five (45) calendar days from receipt of a completed nomination in proper form adopt by resolution a recommendation that the nominated landmark or historic district does or does not meet the criteria for designation in Section 407.040(B) of this Chapter. The resolution shall be accompanied by a report to the Planning and Zoning Commission containing the following information:
1.
Explanation
of the significance or lack of significance of the nominated landmark
or historic district as it relates to the criteria for designation;
2.
Explanation
of the integrity or lack of integrity of the nominated landmark or
historic district;
a.
In
the case of a nominated landmark found to meet the criteria for designation:
(1)
The significant exterior architectural features of the nominated
landmark that should be protected;
(2)
The types of construction, alteration, demolition and removal, other than those requiring a building or demolition permit, that should be reviewed for appropriateness pursuant to the provisions of Sections 407.040(E) through 407.080 of this Chapter;
(3)
Archaeological significance and recommendations for interpretation
and protection.
b.
In
the case of a nominated historic district found to meet the criteria
for designation:
(1)
The types of significant exterior architectural features of the structures
within the nominated historic district that should be protected;
(2)
The types of alterations and demolitions that should be reviewed for appropriateness pursuant to the provisions of Sections 407.040(E) through 407.080 of this Chapter;
(3)
The type and significance of historic and prehistoric archaeological
sites within the nominated historic district;
(4)
Proposals for design guidelines of HPC review of certificates of
appropriateness within the nominated landmark or historic district;
(5)
The relationship of the nominated landmark or historic district to
the ongoing effort of the HPC to identify and nominate all potential
cultural resources that meet the criteria for designation;
(6)
Recommendations as to appropriate permitted uses, special uses, height
and area regulations, minimum dwelling size, floor area, sign regulations,
lot size and parking regulations necessary or appropriate to the preservation
of the nominated landmark or historic district, including recommendations
for buffer zones to protect and preserve visual integrity;
(7)
A map showing the location of the nominated landmark and/or the boundaries
of the nominated historic district.
c.
The
recommendations and report of the HPC shall be sent to the Planning
and Zoning Commission within seven (7) days following the vote on
the resolution and shall be available to the public in the office
of the City Clerk.
E.
Notification Of Nomination. The Planning and Zoning Commission
shall schedule and hold a hearing on the nomination following receipt
of a report and recommendation from the HPC that a nominated landmark
or historic district does or does not meet the criteria for designation.
The meeting shall be scheduled, held and conducted in the same manner
as other meetings to consider applications for Zoning Map amendments
or ordinance amendments. Notice of the date, time, place and purpose
of the meeting and a copy of the completed nomination form shall be
sent by regular mail to the owner(s) of record and to the nominators.
F.
Public Hearing. Oral or written testimony concerning the significance of the nominated landmark or historic district shall be taken at the public hearing from any person concerning the nomination. The HPC may present expert testimony or present its own evidence regarding the compliance of the nominated landmark or historic district with the criteria for consideration of a nomination set forth in Section 407.040(B) of this Chapter. The owner of any nominated landmark or of any property within a nominated historic district shall be allowed reasonable opportunity to present evidence regarding significance and shall be afforded the right of representation by counsel and reasonable opportunity to cross-examine expert witnesses. The hearing shall be closed upon completion of testimony
G.
Determination By Planning And Zoning Commission. Within sixty (60) calendar days following close of the public hearing, the Planning and Zoning Commission shall make a determination upon the evidence whether the nominated landmark or historic district does or does not meet the criteria for designation. Such a determination shall be made upon a motion and vote of the Planning and Zoning Commission and shall be accompanied by a report stating the findings of the Planning and Zoning Commission concerning the relationship between the criteria for designation in Section 407.040(B) of this Chapter and the nominated landmark or historic district and all other information required by Section 407.040(B) of this Chapter.
H.
Notification Of Determination. Notice of the determination
of the Planning and Zoning Commission, including a copy of the report,
shall be sent by regular mail to the owner of record of a nominated
landmark and of all property within a nominated historic district
and to the nominator within seven (7) days following adoption of the
resolution. Within seven (7) days following a determination by the
Planning and Zoning Commission that the nominated landmark or historic
district does meet the criteria for designation, a copy of the resolution
and report accompanied by a recommendation that the nominated landmark
or historic district be designated shall be sent to the City Council.
I.
Appeal. A determination by the Planning and Zoning Commission
that the nominated landmark or historic district does not meet the
criteria for designation shall be a final administrative decision
reviewable under the Missouri Administrative Procedure and Review
Act, provided however, that the nominator or any owner of the nominated
landmark or of property within the nominated historic district may
within thirty (30) days after the postmarked date of the notice of
the determination by the Planning and Zoning Commission that the nominated
landmark or historic district does not meet the criteria for designation,
a copy of the resolution and report accompanied by a recommendation
that the nominated landmark or historic district be designated shall
be sent to the City Clerk.
J.
Action By City Council. The City Council shall, within sixty (60) calendar days after receiving the recommendation that the nominated landmark or historic district be designated or receiving a written appeal, either reject the recommendation or written appeal by formal resolution or designate the landmark or historic district by an Chapter. The City Council may hold a public hearing before enacting the resolution or ordinance and provide notice and take testimony in the same manner as provided in Section 407.040(F) of this Chapter. A written statement explaining the reasons for the action of the City Council shall accompany any resolution or ordinance. The City Clerk shall provide written notification of the action of the City Council by regular mail to the nominator, the appellant and the owner(s) of record of the nominated landmark or of all property within a nominated historic district. The notice shall include a copy of the designation ordinance or resolution passed by the City Council and shall be sent within seven (7) days of the City Council action. A copy of each designation ordinance shall be sent to the HPC, Planning and Zoning Commission and Building Inspector.
K.
The Designation Ordinance. Upon designation, the landmark
or historic district shall be classified as a "District H—Historic"
and the designating ordinance shall prescribe the significant features;
the types of construction, alteration, demolition and removal, other
than those requiring a building or demolition permit that should be
reviewed for appropriateness; the design guidelines for applying the
criteria for review of appropriateness; permitted uses; special uses;
height and area regulation; minimum dwelling size; floor area; lot
size; sign regulation; and parking regulations. The official Zoning
Map of the City of Webb City shall be amended to show the location
of the "District H—Historic" as an overlay zone.
L.
Interim Control. No building permit shall be issued by the
Building Inspector for alteration, construction, demolition or removal
of a nominated landmark or of any property or structure within a nominated
historic district from the date of the meeting of the HPC at which
a nomination form is first presented until the final disposition of
the nomination by the City Council unless such alteration, removal
or demolition is authorized by formal resolution of the City Council
as necessary for public health, welfare or safety. In no event shall
the delay be for more than one hundred eighty (180) days.
M.
Amendment And Rescission Of Designation. Designation may
be amended or rescinded upon petition to the HPC and compliance with
the same procedure and according to the same criteria set forth herein
for designation.
[Ord. No. 09-7335 §2(405A.150), 2-9-2009]
A.
A certificate
of appropriateness shall be required before the following actions
affecting the significance of any landmark or any structure within
a historic district may be undertaken:
1.
Any
construction, alteration or removal requiring a building permit from
the City of Webb City;
2.
Any
demolition in whole or in part requiring a demolition permit from
the City of Webb City;
3.
Any
construction, alteration, demolition or removal affecting a significant
exterior architectural feature or appearance as specified in the ordinance
designating the landmark or historic district;
4.
Any
construction, alteration or removal involving earth-disturbing activities
that might affect archaeological resources;
5.
Any
actions to correct a violation of a minimum maintenance standard.
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Applications for a certificate of appropriateness shall include
accompanying plans and specifications affecting the significance of
a designated landmark or of a property within a designated historic
district; and applications for demolition permits shall include plans
and specifications for the contemplated use of the property. The Building
Inspector shall forward applications for building and demolition permits
to the HPC within seven (7) days following receipt of the application.
A building or demolition permit shall not be issued until a certificate
of appropriateness has been issued by the HPC. Any applicant may request
a meeting with the HPC before the application is reviewed by the HPC
or during the review of the application.
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Applications for review of construction, alteration, demolition
or removal not requiring a building permit for which a certificate
of appropriateness is required shall be made on a form prepared by
the HPC and available at the Office of the City Clerk. The HPC shall
consider the completed application at its next regular meeting.
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B.
Stop Work Order. Whenever the HPC has reason to believe
that an action for which a certificate of appropriateness is required
has been initiated or is about to be initiated or that a violation
of the conditions of a permit has occurred, it shall request that
the Building Inspector make every reasonable effort to contact the
owners, occupants, contractor or subcontractor and inform them of
proper procedures. If the HPC determines that a stop work order is
necessary to halt an action, it shall request the Building Inspector
to send a copy of the stop work order by certified mail return receipt
requested to the owners, occupants, contractors and subcontractors
and notify them of the process of applying for a certificate of appropriateness.
A copy of the proper application form shall be included in the notice.
If necessary, a second (2nd) or subsequent stop work order may be
issued for the same project.
[Ord. No. 09-7335 §2(405A.160), 2-9-2009]
A.
The HPC
shall review the application for a building or demolition permit or
for a certificate of appropriateness and issue or deny the permit
with forty-five (45) days of receipt of the application. Written notice
of the approval or denial of the application for a certificate of
appropriateness shall be provided the applicant and the Building Inspector
within seven (7) days following the determination and shall be accompanied
by a certificate of appropriateness in the case of an approval.
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A certificate of appropriateness shall become void unless construction
is commenced within six (6) months of date of issuance. Certificates
of appropriateness shall be issued for a period of eighteen (18) months
and are renewable. If the project is not completed according to the
guidelines provided in the certificate of appropriateness, the project
shall be deemed in violation of this Chapter.
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B.
Denial Of A Certificate Of Appropriateness. A denial of
a certificate of appropriateness shall be accompanied by a statement
of the reasons for the denial. The HPC shall make recommendations
to the applicant concerning changes, if any, in the proposed action
that would cause the HPC to reconsider its denial and shall confer
with the applicant and attempt to resolve as quickly as possible the
differences between the owner and the HPC. The applicant may resubmit
an amended application or reapply for a building or demolition permit
that takes into consideration the recommendation of the HPC.
[Ord. No. 09-7335 §2(405A.170), 2-9-2009]
A.
Public
improvement and land acquisition projects by the City of Webb City
or any of its departments or agencies shall be reviewed by the HPC
in the following manner:
1.
The
HPC shall review and comment upon any public improvement project proposed
by the City of Webb City or any of its agencies or departments within
any historic district on the site of or within two hundred (200) feet
of any landmarks or within two hundred (200) feet of any boundary
of a historic district. The Department of Public Works shall send
a completed preliminary design for a public improvement project to
the HPC simultaneously with its submission to the City Council for
approval. The HPC shall have at least thirty (30) days to complete
its review and report to the City Council, except when the Department
of Public Works, if necessary to accelerate the design review process,
may specify a time less than thirty (30) days within which the HPC
shall complete its review and report to the Council.
2.
The
HPC shall review and comment upon any proposed acquisition of a landmark
or of land or buildings within a historic district by the City of
Webb City or any of its agencies or departments. The City Council
or the Department of Public Works shall, at the earliest possible
date that will not interfere with acquisition negotiations, send the
HPC information concerning the location, size, purchase price, current
use and proposed use of the land or building to be acquired and specify
the date by which the HPC shall report to the City Council.
3.
The
HPC shall review the public improvement or land acquisition projects
to determine its effect upon the historic, archaeological or architectural
character of the landmark or historic district and report to the City
Council within any time specified by the City Council or Planning
Department but not to exceed forty-five (45) days. The report by the
HPC shall include any recommendations for changes to the preliminary
design or land acquisition that will lessen or alleviate any adverse
effect of the proposed project upon the historic, archaeological or
architectural character of the landmark or historic district. The
City Council shall take no final action on the preliminary design
or land acquisition until it has received and reviewed the report
of the HPC.
[Ord. No. 09-7335 §2(405A.180), 2-9-2009]
A.
In considering
an application for a building or demolition permit or for a certificate
of appropriateness, the HPC shall be guided in principle by the Secretary
of the Interior's standards, as follows, in addition to any design
guidelines in the ordinance designating the landmark or historic district.
Applications, standards for review and design guidelines shall be
available in the office of the City Clerk for distribution to the
public.
1.
A property
shall be used for its historic purpose or be placed in a new use that
requires minimal change to the defining characteristics of the building
and its site and environment.
2.
The
historic character of a property shall be retained and preserved.
The removal of historic materials or alteration of features and spaces
that characterize a property shall be avoided.
3.
Each
property shall be recognized as a physical record of its time, place
and use. Changes that create a false sense of historical development,
such as adding conjectural features or architectural elements from
other buildings, shall not be undertaken.
4.
Most
properties change over time; those changes that have acquired historic
significance in their own right shall be retained and preserved.
5.
Distinctive
features, finishes and construction techniques or examples of craftsmanship
that characterize a historic property shall be preserved.
6.
Deteriorated
historic features shall be repaired rather than replaced. Where the
severity of deterioration requires replacement of a distinctive feature,
the new feature shall match the old in design, color, texture and
other visual qualities and, where possible, materials. Replacement
of missing features shall be substantiated by documentary, physical
or pictorial evidence.
7.
Chemical
or physical treatments, such as sandblasting, that cause damage to
historic materials shall not be used. The surface cleaning of structures,
if appropriate, shall be undertaken using the gentlest means possible.
8.
Significant
archaeological resources affected by a project shall be protected
and preserved. If such resources must be disturbed, mitigation measures
shall be undertaken.
9.
New
additions, exterior alterations or related new construction shall
not destroy historic materials that characterize the property. The
new work shall be differentiated from the old and shall be compatible
with the massing, size, scale and architectural features to protect
the historic integrity of the property and its environment.
10.
New
additions and adjacent or related new construction shall be undertaken
in such a manner that if removed in the future, the essential form
and integrity of the historic property and its environment would be
unimpaired.
[Ord. No. 09-7335 §2(405A.190), 2-9-2009; Ord. No. 10-022 §1, 9-20-2010]
A.
Design
guidelines for applying the criteria for review of certificates of
appropriateness shall, at a minimum, consider the following architectural
criteria:
1.
Height. The height of any proposed alteration or construction
should he compatible with the style and character of the landmark
and with surrounding structures in a historic district.
2.
Proportions of windows and doors. The proportions and relationships
between doors and windows should be compatible with the architectural
style and character of the landmark and with surrounding structures
within a historic district.
3.
Relationship of building masses and spaces. The setback
and relationship of a structure within a historic district to the
open space between it and adjoining structures should be compatible.
4.
Roof shape. The design of the roof should be compatible
with the architectural style and character of the landmark and with
surrounding structures in a historic district.
5.
Landscaping. Landscaping should be compatible with the
architectural character and appearance of the landmark and of the
surrounding structures and landscapes in historic districts.
6.
Scale. The scale of the structure after alteration, construction
or partial demolition should be compatible with its architectural
style and character and with surrounding structures in a historic
district.
7.
Directional expression. Facades in historic districts should
blend with other structures with regard to directional expression.
Structures in a historic district should be compatible with the dominant
horizontal or vertical expression of surrounding structures. The directional
expression of a landmark after alteration, construction or partial
demolition should be compatible with its original architectural style
and character.
8.
Architectural details. Architectural details including
materials, colors and textures should be treated so as to make a landmark
compatible with its original architectural style and character and
to preserve and enhance the architectural style or character of a
landmark or historic district.
9.
Signage. The character of signs should be in keeping with
the historic architectural character of a landmark or historic district.
Character of a sign includes the number, size, area, scale, location,
type (e.g., off-site advertising signs and on-site business signs),
letter size or style and intensity and type of illumination. However,
the use of neon signage, plastic signage and internally illuminated
signage shall be allowed.
10.
Minimum maintenance. Significant features should be kept
in a condition of good repair and maintenance. All structural and
mechanical systems should be maintained in a condition and state of
repair that will prevent decay, deterioration or damage to significant
features or otherwise adversely affect the historic or architectural
character of structures within a historic district.
[Ord. No. 09-7335 §2(405A.200), 2-9-2009]
A.
Application for a certificate of economic hardship shall be made on a form prepared by the HPC only after a certificate of appropriateness has been denied. The HPC shall schedule a public hearing concerning the application and provide public notice and individual notice to the applicant, owners of record and owners adjacent to the property in the same manner as in Section 407.040(F) and any person may testify at the hearing concerning economic hardship. All testimony, objections thereto and rulings at such public hearing shall be taken down by a reporter employed by the City for that purpose or, if electronic tape recording equipment is available, by such electronic means. The HPC may solicit expert testimony or require that the applicant for a certificate of economic hardship make submissions concerning any or all of the following information before it makes a determination on the application.
1.
Estimate
of the cost of the proposed construction, alteration, demolition or
removal and an estimate of any additional cost that would be incurred
to comply with the recommendations of the HPC for changes necessary
for the issuance of a certificate of appropriateness;
2.
A report
from a licensed engineer or architect with experience in rehabilitation
as to the structural soundness of any structures on the property and
their suitability for rehabilitation;
3.
Estimated
market value of the property in its current condition; after completion
of the proposed construction, alteration, demolition or removal; after
any changes recommended by the HPC and, in the case of a proposed
demolition, after renovation of the existing property for continued
use;
4.
In the
case of a proposed demolition, an estimate from an architect, developer,
real estate consultant, appraiser or other real estate professional
experienced in rehabilitation as to the economic feasibility of rehabilitation
or reuse of the existing structure.
[Ord. No. 09-7335 §2(405A.210), 2-9-2009]
A.
Ordinary Maintenance Exclusion. Nothing in this Section shall be construed to prevent the ordinary maintenance or repair of any exterior elements of any building or structure described in Section 407.040(B).
B.
Definition Of Ordinary Maintenance. Any work for which a
building permit is not required by law, where the purpose and effect
of such work is to correct any deterioration or decay of or damage
to a structure or any part thereof and to restore the same, as nearly
as may be practicable, to its condition prior to the occurrence of
such deterioration, decay or damage.
C.
Minimum Maintenance Requirement. All buildings and structures
designated by City ordinance as "H" shall be preserved against decay
and deterioration and free from certain structural defects in the
following manner by the owner thereof, or such other person or persons
who may have the legal custody and control thereof shall repair such
building if it is found to have any of the following defects:
1.
The
deterioration of exterior walls or other vertical supports;
2.
The
deterioration of roofs or other horizontal members;
3.
The
deterioration of external chimneys;
4.
The
deterioration or crumbling of plasters or mortar;
5.
The
deterioration or ineffective waterproofing of exterior walls, roofs
and foundations, including broken windows or doors;
6.
The
peeling of paint, rotting, holes and other forms of decay;
7.
The
lack of maintenance of surrounding environment, e.g., fences, gates,
sidewalks, steps, signs, accessory structures and landscaping;
8.
The
deterioration of any feature so as to create or permit the creation
of any hazardous or unsafe condition or conditions.
D.
If minimum maintenance is not being maintained, the owner of the property or other person having legal custody thereof shall be notified by the Building Inspector. The notice shall be by certified mail and shall specify each item in the property or landmark that fails to meet minimum maintenance requirements. The owner or other person having legal custody of the property shall have thirty (30) days from the receipt of notice to comply with the minimum maintenance requirements. The HPC, for good cause shown, may extend the thirty (30) day period. If after the original thirty (30) day period or any extension granted by the Building Inspector the owner or person having legal custody of the property should fail to meet the minimum maintenance requirements, the owner or person having legal custody of the property shall be in violation of this Section and punished in accordance with Section 407.150.
[Ord. No. 09-7335 §2(405A.220), 2-9-2009]
Applications for zoning amendments, special use permits or variances
for a landmark or structures within a historic district shall be referred
to the HPC by the Planning Department at least fifteen (15) days prior
to the date of the public hearing set by the Planning and Zoning Commission
or the Board of Adjustment. The HPC may review these applications
using any format which it deems appropriate, provided however, that
the applicant shall be notified of the time and place of such review
and shall be given the opportunity to appear and be heard. Within
fifteen (15) days after receipt of said application, the HPC shall
forward its comments to the Planning Department for presentation to
the Planning and Zoning Commission for their consideration in reviewing
the application.
[Ord. No. 09-7335 §2(405A.230), 2-9-2009]
If the HPC denies an application for a certificate of appropriateness,
the HPC shall work with the applicant to arrive at a mutually satisfactory
alternative to the proposed activities. If agreement cannot be reached
within six (6) months, the applicant may file with the City Clerk
a written appeal to the Board of Adjustment. In acting upon the appeal,
the Board may grant a variance from the strict interpretation of this
Chapter when such will not materially affect the health or safety
of the applicant and general public.
[Ord. No. 09-7335 §2(405A.240), 2-9-2009]
None of the provisions of this Chapter shall be construed to
prevent any measures of construction, alteration or demolition necessary
to correct or abate the unsafe or dangerous condition of any structure,
other feature or part thereof, where such condition has been declared
unsafe or dangerous by the Building Inspector and where the proposed
measures have been declared necessary, by such department or departments,
to correct the said condition; provided however, that only such work
as is reasonably necessary to correct the unsafe or dangerous condition
may be performed pursuant to this Section. In the event any structure
or other feature shall be damaged by fire or other calamity or by
act of God or by the public enemy to such an extent that in the opinion
of the aforesaid department or departments it cannot reasonably be
repaired and restored, it may be removed in conformity with normal
permit procedures and applicable laws.
[Ord. No. 09-7335 §2(405A.250), 2-9-2009]
A.
The Board
shall establish an appropriate system of processing fees for the review
of nominations and certificates of appropriateness.
B.
It shall
be unlawful for any person to undertake or cause an alteration, construction,
demolition or removal of any nominated or designated landmark or structure
within a nominated or designated historic district without a certificate
of appropriateness.
C.
It shall be unlawful to not maintain designated landmarks or structures within designated historic districts within the minimum maintenance requirements of Section 407.110(C) of this Chapter.
D.
Any person
convicted of violating the provisions of this Chapter shall be punished
by a fine no greater than five hundred dollars ($500.00) or confinement
in the City Jail for a period not to exceed sixty (60) days or both
fine and confinement. Each day each violation shall continue to exist
shall constitute a separate violation.