[Ord. No. 1825, 5-13-1991; Ord. No. 3650, 5-1-2023]
A recommendation to designate a specific property and/or properties as a landmark or historic district shall be considered an application for amendment of a Zoning District Map and Zoning Ordinance as provided in Section 405.630 of the Harrisonville Zoning Ordinance. All procedures as provided in said Section and by State law shall be followed by the Planning and Zoning Commission and the Board of Aldermen. An application fee for rezoning shall not be required upon initial considerations for designating a property as a landmark and/or historical district. The Planning and Zoning Commission may consider zoning amendment application by others all as provided by Article XXIII. The provisions of this Article shall control over any conflicting provisions in Section 405.630.
[Ord. No. 1825, 5-13-1991]
The Preservation Commission shall schedule and hold a public
meeting on the nomination as to whether or not a nominated landmark
or historic district meets 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 and to receive the viewpoints of affected property owners,
residences and other interested citizens. Notice of the date, time,
place and purpose of the meeting and a copy of the completed nomination
form shall be in the same manner as all public hearings concerning
zoning matters to the owners of record, adjoining property owners
and to the nominators; and notice shall also be published in a newspaper
having general circulation in the City of Harrisonville.
[Ord. No. 1825, 5-13-1991]
No building permit shall be issued 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 Historic Preservation Commission at which a nomination
form is first presented until the final disposition of the nomination
by the Board of Aldermen, unless such alteration, removal or demolition
is authorized by formal resolution of the Board of Aldermen as necessary
for public health, welfare or safety. In no event shall the delay
be more than one hundred twenty (120) days.
[Ord. No. 1825, 5-13-1991]
Within forty-five (45) days of the conclusion of the public hearing, the Preservation Commission shall make a recommendation as to whether or not the nominated landmark or historic district meets the criteria for designation under Section 405.380. Said recommendation may be for approval, disapproval or approval in part and together with a report which shall contain the following information:
A.
An
explanation of the significance or lack of significance of the nominated
landmark or historic district as it relates to the criteria for designation;
B.
An
explanation of the integrity or lack of integrity of the nominated
landmark or historic district; and
C.
In
case of a nominated landmark or historic district found to meet the
criteria for designation, the significant exterior architectural features
of the nominated landmark that should be protected and the types of
construction, alteration, demolition or removal other than those requiring
a demolition permit that should be reviewed for a certificate of appropriateness.
The recommendation and report of the Preservation Commission shall
be sent to the Board of Aldermen and the Planning and Zoning Commission
within seven (7) days following the vote on the resolution and shall
be available to the public at Harrisonville City Hall offices.
[Ord. No. 1825, 5-13-1991]
A.
Upon
receipt of the Preservation Commission's recommendations and report,
the Planning and Zoning Commission shall review each proposed landmark
or historic district for historic zoning designation and within the
thirty (30) days make a recommendation with respect to the proposed
"H-1" designation. The recommendation, together with a record of the
proceeding, shall be forwarded to the Board of Aldermen. That recommendation
shall not be binding on the Board of Aldermen.
B.
A "H-1"
historic designation shall be regarded as a supplemental zoning designation
and shall not affect in any way the underlying zoning designation
as provided in other Articles of the Harrisonville Zoning Ordinance.
The existing zoning standards for each district are set forth and
shall be complied with unless such standards conflict with the provisions
of the ordinance designating said landmarks or historic district.
In the event of a conflict, provisions of the historic district ordinance
shall prevail. A landmark or historic district shall be designated
with a "H-1" affixed to the current zoning district acronym and illustrated
as such on the official Zoning District Map.
[Ord. No. 1825, 5-13-1991]
Notice of a determination of the Planning and Zoning Commission,
including a copy of the report, shall be sent by certified mail to
the owners of record of a nominated landmark and by regular mail to
the owners of all property within a nominated historic district and
to the nominator within seven (7) days following a determination of
the Planning and Zoning Commission that the nominated landmark or
historic district does or does not meet the criteria for designation.
A copy of the resolution and report accompanied by a recommendation
concerning the nominated landmark or historic district shall be sent
to the Board of Aldermen.
[Ord. No. 1825, 5-13-1991]
The Board of Aldermen shall within forty-five (45) days after
receiving the recommendation of the Planning and Zoning Commission
concerning the nominated landmark or historic district either accept
or reject the recommendation of the Planning and Zoning Commission.
If the Board wishes to designate a landmark or district, it shall
do so by ordinance. The Board of Aldermen shall hold a public hearing
before enacting the resolution or ordinance and provide notice and
take testimony in the same manner as provided in the Harrisonville
Zoning Ordinance. Any resolution or ordinance shall be accompanied
by a written statement explaining the reasons for the action by the
Board of Aldermen. The City Clerk shall provide written notification
of the action of the Board of Aldermen by regular mail to the nominator
and the owners 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 Board of
Aldermen and shall be sent within seven (7) days of the Board of Aldermen
action. A copy of each designation ordinance shall be sent to the
Historic Preservation Commission, the Planning and Zoning Commission
and the Codes Enforcement Department of the City of Harrisonville.
A determination by the Board of Aldermen shall be a final and administrative
decision as that term is defined in Chapter 536, RSMo.
[Ord. No. 1825, 5-13-1991]
Upon designation, the landmark or historic district shall be
classified as a "District "H-1" Historic District". The official Zoning
Map of the City of Harrisonville shall be amended to show the location
of the "District "H-1" Historic District".
