Editor's Note: Ord. no. 08-9-2 has established terms for this
board of historic preservation to be uniform with the terms of other
boards and commissions with terms commencing September 30, 2009.
Note — Ord. no. 10-06-07 §1, adopted June 21, 2010,
sets out the Excelsior Springs Historic Preservation and Revitalization
Plan ("Plan"), which is on file in the city offices and incorporated
herein and is hereby adopted and approved for use as a planning tool
for city staff, boards and commissions, the city council, and other
groups and organizations engaged in community-based initiatives with
interests in protecting and experiencing cultural resources.
[R.O. 2012 §402.010; Ord. No. 90-4-4 §1, 4-16-1989]
There is hereby established a Historic Preservation District
which shall consist of all that area designated as such by the Official
Zoning Map of the City of Excelsior Springs. Areas in a Historic Preservation
District shall be subject to the zoning regulations of the zoning
assigned to those areas, and, in addition, those areas, including
landmarks, shall also be subject to the rules established by this
Chapter.
[R.O. 2012 §402.020; Ord. No. 90-4-4 §1, 4-16-1989]
A.
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
and architectural characteristics of Excelsior Springs 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 Excelsior Springs Landmarks and Historic
Districts;
3.
Conversing and improving the value of property designated as landmarks
or within Historic Districts;
4.
Protecting and enhancing the attractiveness of the City to homebuyers,
tourists, visitors, and shoppers, and thereby supporting and promoting
business, commerce, industry, and providing economic benefit to the
City.
5.
Fostering and encouraging preservation, restoration and rehabilitation
of structures, areas, and neighborhoods and thereby preventing future
urban blight.
[R.O. 2012 §402.030; Ord. No. 90-4-4 §1, 4-16-1989]
Unless specifically defined below, words or phrases in this
Section shall be interpreted so as to give them the same meaning as
they have in common usage and so as to give this Section its most
reasonable application.
- ALTERATION
- Any act or process that changes one (1) or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure.
- AREA
- A specific geographic division of the City of Excelsior Springs.
- CERTIFICATE OF APPROPRIATENESS
- A design permit issued by the Building Inspector, indicating approval of the plans for alteration, construction, removal or demolition of a Landmark or of a structure within a Historic District. A Certificate will be denied for any work on a building that would destroy, alter, or remove significant exterior architectural features or construction element.
- COMMISSIONERS
- Members of the Excelsior Springs Historic Preservation Commission (ESHPC).
- CONSTRUCTION
- The act of adding an addition to an existing structure or the erection of a new principal or accessory structure on a lot of property.
- COUNCIL
- The City Council of the City of Excelsior Springs.
- DEMOLITION
- Any act or process which destroys in part or in whole a Landmark or structure within a Historic District, or which threatens to destroy a Landmark or a structure within a Historic District by failure to maintain it in a good condition of good repair and maintenance.
- DESIGN GUIDELINE
- A general guide of appropriate activity that will preserve the historic and architectural character of a structure or areas.
- EXTERIOR ARCHITECTURAL APPEARANCE
- 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 materials and the type, design and character of all windows, doors, light fixtures, signs and appurtenant elements.
- HISTORIC DISTRICT
- An area designated as a "Historic District" by the City Council and which may contain within definable geographic boundaries one (1) or more Landmarks and which may have within its boundaries 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 of the Landmark or Landmarks located within the Historic District.
- LANDMARK
- A property or structure designated as a "Landmark" by the City Council, pursuant to procedures prescribed herein, which is worthy of rehabilitation, restoration, and preservation because of its historic and/or architectural significance to the City of Excelsior Springs.
- OWNER OF RECORD
- The person, corporation or other legal entity listed as the owner on the records of the County Record of Deeds.
- ESHP COMMISSION
- The Excelsior Springs Historic Preservation Commission.
- PUBLIC IMPROVEMENT PROJECT
- An action by the City of Excelsior Springs or any of its departments or agencies involving major modification or replacement of streets, sidewalks, curbs, street lights, street or sidewalk furniture, landscaping, or other portions of the public infrastructure servicing commercial, residential, or industrial development.
- REMOVAL
- Any relocation of a structure on its site or to another site.
- REPAIR
- Any change that is not construction, removal or alteration.
- STOP WORK ORDER
- An order of the City Council or Building Official 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.
- STRUCTURE
- 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, satellite dishes, supporting towers, and swimming pools.
[R.O. 2012 §402.040; Ord. No. 90-4-4 §1, 4-16-1989; Ord. No. 17-08-01 § 1, 8-7-2017]
The Excelsior Springs Historic Preservation Commission shall
consist of seven (7) members, four (4) whom must be residents of Excelsior
Springs, all of whom shall be appointed by the Mayor and approved
by the City Council. The Mayor shall make every reasonable effort
to appoint residents of Excelsior Springs with a demonstrated interest
in the history or architecture of the City of Excelsior Springs, including
a registered architect or engineer, a person having at least five
(5) years' experience in construction, a person having at least five
(5) years' experience in real estate, a historian living in the community
at least twenty (20) years, and three (3) individuals chosen from
the citizens at large with reference to their fitness for such office,
and no member of the Municipal Government shall be a member of the
Commission due to the need to attract individuals registered as an
architect or engineer, or with experience in construction or real
estate, non-residents may be selected to fill these positions if they
are not available among residents of Excelsior Springs.
[R.O. 2012 §402.050; Ord. No. 90-4-4 §1, 4-16-1989]
The terms of office of the members of the ESHPC shall be for
three (3) years. Vacancies shall be filled for the unexpired term
only. Commissioners serve at the pleasure of the Council.
[R.O. 2012 §402.060; Ord. No. 90-4-4 §1, 4-16-1989]
A.
Officers
shall consist of a Chairman, a Vice Chairman, and a Secretary-Treasurer
elected by the ESHPC who shall each serve a term of one (1) year and
shall be eligible for re-election. The Chairman shall preside over
the meetings. In the absence of the Chairman, the Vice Chairman shall
perform the duties of the Chairman. If both are absent, the Secretary-Treasurer
shall perform the duties of the Chairman. The officers shall assure
that the following duties of the ESHPC are performed.
1.
Preparation of minutes of each ESHPC meeting;
2.
Publication and distribution of copies of the minutes, reports and
decisions of the ESHPC to the member of the ESHPC, Planning Commission,
and City Council.
3.
Provision of notice as required herein or by law for all public hearings
conducted by the ESHPC.
4.
Notification to the Mayor of vacancies on the ESHPC and expiring
terms of members;
5.
Preparation and submission to the City Council of a complete record
of the proceedings before the ESHPC on all matters requiring Council
consideration.
[R.O. 2012 §402.070; Ord. No. 90-4-4 §1, 4-16-1989]
A quorum shall consist of at least four (4) members. All decisions
or actions of the ESHPC 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 ESHPC at the beginning of each calendar year
or at any time upon the call of the Chairman. No member of the ESHPC
shall vote on any matter which may materially or apparently affect
the property, income or business interest of that member. No action
shall be taken by the Commission which could in any manner deprive
or restrict the owner of a 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 ESHPC, as provided
herein. All meetings of the ESHPC shall be open to the public. The
ESHPC 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, forwarded to the Council, ESHPC, and shall be a public
record.
[R.O. 2012 §402.080; Ord. No. 90-4-4 §1, 4-16-1989; Ord. No. 94-12-2 §I, 12-19-1994]
A.
The
ESHPC shall have the following powers and duties:
1.
To adopt its own procedural regulations.
2.
To conduct an ongoing survey to identify historically and architecturally
significant properties, structures and areas, that exemplify the cultural,
social, economic, political, or architectural history of the Nation,
State or City.
3.
To investigate, and recommend to the Planning and Zoning Commission
and to the City Council the designation of properties or structures
having special historic, community or architectural value as "Landmarks".
4.
To investigate, and recommend the Planning and Zoning Commission
and to the City Council the designation of areas having special historic,
community or architectural value as "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 or 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 (1)
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 National Register
of Historic Places, and to review and comment on any National Register
nominations submitted to the ESHPC upon request of the Mayor or City
Council.
9.
To inform and educate the citizens of Excelsior Springs concerning
the historic and architectural heritage of the City by publishing
appropriate maps, newsletters, brochures and pamphlets, and by holding
programs and seminars.
10.
The ESHPC to review applications for Certificates of Appropriateness,
construction, alteration, removal or demolition affecting designated
Landmarks or structures within Historic Districts. Applicants may
be required to submit plans, drawings, elevations, specifications
and other information as may be necessary to make decisions.
11.
To review stop work orders issued for any construction, alteration,
removal or demolition undertaken without a Certificate of Appropriateness.
12.
To develop specific design guidelines for the alteration, construction
or removal of Landmarks, or property and structures within Historic
Districts for approval by the Council.;
13.
To review proposed zoning amendments, applications for Special Use
Permits or application for zoning variances that affect designated
Landmarks and Historic Districts. The Zoning Administrator shall send
applications for special use or zoning variances to the ESHPC for
comment prior to the date of the hearing by the Planning and Zoning
Commission, or Board of Zoning Adjustment.
14.
To administer on behalf of the City of Excelsior Springs any property,
or full or partial interest in real property, including easements,
which the City of Excelsior Springs may have or accept as a gift or
otherwise, upon authorization and approval by the City Council.
15.
To call upon available City staff members as well as other experts
for technical advice.
16.
To retain such specialists or consultants, or to appoint such citizen
advisory committees, as may be required from time to time.
17.
Upon request, provide advisory opinion before all boards and commission
including the Planning and Zoning Commission and the Board of Zoning
Adjustment on any matter that may affect historically and architecturally
significant property, structures and areas.
18.
To develop a preservation component in the General Plan of the City
of Excelsior Springs and to recommend it to the Planning and Zoning
Commission and to the City Council.
19.
To periodically review the Excelsior Springs Zoning Ordinance and
to recommend to the Planning and Zoning Commission and the City Council
any amendments appropriate for the structures within Historic Districts.
[R.O. 2012 §402.090; Ord. No. 90-4-4 §1, 4-16-1989]
A.
The
ESHP Commission shall undertake an ongoing survey and research effort
in the City of Excelsior Springs to identify neighborhoods, areas,
sites, structures, and objects which have historic, community, architectural,
or aesthetic importance, interest, or value. As part of the survey,
the ESHP Commission may review and evaluate any prior surveys and
studies by any unit of government or private organization and compile
appropriate descriptions, facts, and photographs. Before the ESHP
Commission shall on its own initiative nominate any Landmark or District
it shall first develop a plan and schedule for completing a survey
of the City of Excelsior Springs to identify potential Landmarks or
Districts. The ESHP Commission shall then systematically identify
potential Landmarks and Districts and adopt procedures to nominate
them individually or in groups based upon the following criteria:
1.
The potential Landmarks or Districts in one (1) identifiable neighborhood
or distinct geographical area of the City of Excelsior Springs.
2.
The potential Landmarks or Districts associated with a particular
person, event or historical period;
3.
The potential Landmarks or Districts of a particular architectural
style or school, or a particular architect, engineer, builder, designer,
or craftsman.
4.
Such other criteria as approved by the Planning Commission and Council
to assure systematic survey and nomination of all potential Landmarks
and Districts within the City of Excelsior Springs.
[R.O. 2012 §402.100; Ord. No. 90-4-4 §1, 4-16-1989]
Nominations shall be made to the ESHP Commission on a form prepared
by it and may be submitted by a member of the ESHP Commission; owner
of record of the nominated property or structure; or City Council.
[R.O. 2012 §402.110; Ord. No. 90-4-4 §1, 4-16-1989]
A.
The
ESHP Commission shall, upon such investigation as it deems necessary,
make a determinations as to whether a nominated property, structure
or area meets one (1) or more of the following criteria.
1.
Its character, interest, or value as part of the development, heritage
or cultural characteristics of the community, County, State or Country;
2.
Its location as a site of significant Local, County, State or National
event.
3.
Its identification with a person or persons who significantly contributed
to the development of the community, County, State or Country;
4.
Its embodiment of distinguishing characteristics of an architectural
style valuable of the study of a period, type, method of construction
or use of indigenous materials;
5.
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;
6.
Its embodiment of elements of design, detailing, materials or craftsmanship
which renders it architecturally significant;
7.
Its embodiment of design elements that make it structurally or architecturally
innovative;
8.
Its unique location or singular physical characteristics that makes
it an established or familiar visual feature;
9.
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; and/or
10.
Its suitability for preservation or restoration.
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Any structure, property, or area that meets one (1) or more
of the ESHPC above criteria shall also have sufficient integrity of
location, design, materials, and workmanship to make it worthy of
preservation or restoration.
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[R.O. 2012 §402.120; Ord. No. 90-4-4 §1, 4-16-1989]
A nomination of a Landmark or District shall be considered an application for amendment of the Official Zoning Map of the City of Excelsior Springs provided in Section 404.090 of the Zoning Ordinances of the City of Excelsior Springs. All procedures as provided in said Section and by State Law shall be followed by the Planning and Zoning Commission and City Council. The fee required under Section 404.030 shall not be required upon nomination by the ESHP Commission. The Planning and Zoning Commission may consider Zoning Amendment Application by others all as provided by Section 404.090.
[R.O. 2012 §402.130; Ord. No. 90-4-4 §1, 4-16-1989]
The Planning and Zoning Commission shall schedule and hold a
public hearing for all nominations. The hearing shall be scheduled,
held and conducted in the same manner as other hearings to consider
application for zoning map amendments or ordinance amendments.
Notice of date, time, place, and purpose of the public hearing
and a copy of the completed nomination form shall be sent by regular
mail to the owner(s) of record and to the nominator, as well as to
property owners adjoining the nominated Landmark or Historic District
at least fifteen (15) days prior to the date of the hearing. Notice
shall also be published in a newspaper having general circulation
in the City of Excelsior Springs. The notice shall state the street
address and legal description of a nominated Landmark and the boundaries
of a nominated Historic District.
[R.O. 2012 §402.140; Ord. No. 90-4-4 §1, 4-16-1989]
A.
A Certificate
of Appropriateness shall be required before the following actions
affecting the exterior architectural appearance of any Landmark or
property within a Historic District may be undertaken:
1.
Any construction, alteration or removal requiring a building permit
form the City of Excelsior Springs.
2.
Any demolition in whole or in part requiring a permit from the City
of Excelsior Springs.
3.
Any violation of a minimum maintenance standard, or construction,
alteration, demolition or removal affecting a significant exterior
architectural feature or features.
4.
Any construction, alteration, removal, or demolition in whole or
in part proposed by the City of Excelsior Springs or any of its agencies
or departments for a Landmark or a structure within a Historic District
and affecting a significant exterior architectural feature, structure,
or district.
5.
The provisions of a Certificate of Appropriateness shall be waived
in the event of an emergency situation as determined by the Building
Inspector or emergency personnel of the City of Excelsior Springs,
i.e., Fire Department, Police.
[R.O. 2012 §402.150; Ord. No. 90-4-4 §1, 4-16-1989; Ord. No. 94-12-2 §I, 12-19-1994; Ord. No. 14-07-05 §15, 7-21-2014]
Application fees shall be as specified in the Schedule of Fees,
Title I, Appendix A. No application for a building permit or demolition
permit affecting the exterior architectural appearance of a designated
Lankmark or of a property within a designated Historic District shall
be approved by the Building Inspector until a Certificate of Appropriateness
has been issued. Any applicant may request a meeting with the ESHP
Commission before or during the review of the application. Application
for review of construction, alteration, demolition or removal not
requiring a building permit for which a Certificate of Appropriateness
is required, including actions necessary to meet minimum maintenance
standards, shall be made on a form prepared by the ESHP Commission
and available at the Office of the Building Inspector. The City of
Excelsior Springs or any of its agencies or departments shall apply
for a Certificate of Appropriateness on a form prepared by the ESHP
Commission. Following the filing of an application for a Certificate
of Appropriateness, construction, alteration, removal or demolition
with the Building Inspector for a landmark or structure within an
historic district, the Building Inspector shall forward the application,
together with any supplemental materials, to the Chairperson of the
Commission for the Commission's review. The Commission shall be prepared
to meet with the Building Inspector to review the application and
to present its findings and recommendations which shall be in writing
within five (5) working days of when the Inspector notifies the Commission
of his readiness to proceed with the review or such longer period
of time as is mutually agreeable between the Commission and the Building
Inspector. The applicant shall be notified of the scheduled meeting
to review the application and shall be invited to attend. The Building
Inspector shall incorporate the Commission's recommendations into
his/her review of whether to grant, deny or condition Certificates
of Appropriateness. The Building Inspector shall have the ultimate
authority to grant, deny or condition Certificates of Appropriateness,
construction, alteration, removal or demolition affecting designated
landmarks or structures within historic districts. The Board of Zoning
Adjustment shall hear appeals of denial from the applicants.
[R.O. 2012 §402.160; Ord. No. 90-4-4 §1, 4-16-1989]
Determinations will be based on the standards and guidelines set forth in Sections 402.190 and 402.200. The Building Inspector shall review the application for a building or demolition permit or for a Certificate of Appropriateness. The Certificate of Appropriateness shall be issued or denied within no more than forty-five (45) days of receipt of the application with issuance being automatic if the Building Inspector fails to act within sixty (60) days of receiving an application. Written notice of approval or denial of the application for Certificate of Appropriateness shall be provided within seven (7) days following the determination, and shall be accompanied by a Certificate of Appropriateness in the case of an approval.
[R.O. 2012 §402.170; Ord. No. 90-4-4 §1, 4-16-1989]
A denial of a Certificate of Appropriateness shall be accompanied
by a statement of the reasons for denial. The Building Inspector shall
make recommendation to the applicant concerning changes, and the proposed
action which would cause the Building Inspector to reconsider the
denial, and shall confer with the applicant and attempt to resolve
the difference as quickly as possible. The applicant may resubmit
an amended application or reapply for a building or demolition permit
that takes into consideration the recommendations provided. Projects
requiring Certificates of Appropriateness will be monitored as necessary
by the Building Inspector to insure compliance with the terms and
specifications of Certificates of Appropriateness, Building Permits,
and Demolition Permits. If necessary a second Stop Work Order may
be issued by the Building Inspector for the same project.
[R.O. 2012 §402.180; Ord. No. 90-4-4 §1, 4-16-1989]
A.
Public
improvement and land acquisition projects by the City of Excelsior
Springs or any of its departments or agencies shall be reviewed by
the ESHP Commission in the following manner:
1.
The ESHP Commission shall review and comment upon any public improvement
project proposed by the City of Excelsior Springs or any of its agencies
or departments within any Historic District, on the site of or within
two hundred (200) feet of any Landmark, or within two hundred (200)
feet of any boundary of a Historic District. The Community Development
Department shall send a completed preliminary design for a public
improvement project to the ESHP Commission simultaneously with its
submission to the City Council for approval. The ESHP Commission shall
have at least thirty (30) days to complete its review and report to
the City Council, except when the Community Development Department,
if necessary to accelerate the design review process, may specify
a time less than thirty (30) days within which the ESHP Commission
shall complete its review and report to the City Council.
2.
The ESHP Commission shall review and comment upon any proposed acquisition
of a Landmark or of land or buildings within a Historic District by
the City of Excelsior Springs or any of its agencies or departments.
The Community Development Department shall send a completed
preliminary design for a public improvement project to the ESHP Commission
simultaneously with its submission to the City Council for approval.
The ESHP Commission shall have at least thirty (30) days to complete
its review and report to the City Council, except when the Community
Development Department, if necessary to accelerate the design review
process, may specify a time less than thirty (30) days within which
the ESHP Commission shall complete its review and report to the City
Council.
3.
The ESHP Commission shall review and comment upon any proposed acquisition
of a Landmark or of land or buildings within a Historic District by
the City of Excelsior Springs or any of its agencies or departments.
The City Council or the Community Development Department shall, at
the earliest possible date that will not interfere with acquisition
negotiations, send the ESHP Commission 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
ESHP Commission shall report to the City Council.
4.
The ESHP Commission shall review the public improvement or land acquisition
project to determine its effect upon the historic or architectural
character of the Landmark or Historic District and report to the City
Council within any time specified by the City Council or Community
Development Department but not to exceed forty-five (45) days. The
report by the ESHP Commission 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
or architectural character of the Landmark or Historic District.
[R.O. 2012 §402.190; Ord. No. 90-4-4 §1, 4-16-1989]
A.
The
City of Excelsior Springs and the Excelsior Springs Historic Preservation
Commission have adopted the following design review guidelines for
all Historic Districts and Landmarks in the City. The guidelines are
based on the "Secretary of the Interior's Standards and Guidelines
for Rehabilitation". The guidelines will be enforced within District
or Landmark boundaries under any of the following circumstances:
1.
Construction, alteration or removal requiring a building permit,
and which has an impact on the exterior appearance of a structure.
2.
Demolition in whole or in part requiring a permit.
3.
Construction, alteration (including color changes), demolition or
removal affecting a significant exterior architectural feature or
features.
4.
Construction, alteration, improvement (including color changes),
demolition or removal which negatively impacts the significance, appearance,
or harmony of adjacent structures, rows of building, streetscapes,
or the Historic District as a whole as determined by the ESHP Commission.
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The purpose of the guidelines is to encourage preservation of
intact significant structures; restoration of significant structures
that have already undergone insensitive alterations; and new construction
that is sensitive to the existing environment.
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The guidelines are not intended to inhibit change, new construction,
or new architectural styles, as long as such changes complement the
existing buildings and streetscapes.
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Design review decisions for all structures within a district
and all individual Landmarks will be based on the same set of guidelines.
However, structures possessing a greater degree of integrity, originality,
craftsmanship and historic significance, may have the guidelines more
stringently applied than those with lesser significance, as determined
by the Historic Preservation Commission.
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B.
New Buildings And Additions To Existing Buildings. New buildings
do not need to duplicate older styles of architecture but must be
compatible with the architecture within the district. However, their
scale, placement on lots, and street setback must conform with the
scale, placement and setback of adjacent structures, especially in
the context of rows of buildings and streetscapes. Styles of architecture
will be controlled only to insure that their exterior design, materials,
and color are in harmony with neighboring structures.
C.
Alterations. Alterations affecting the exterior of a structure
shall preserve all significant original exterior elements including
building materials, doors, windows, and decorative elements. In some
cases, exterior elements which are not original, but which have acquired
significance by virtue of their age or craftsmanship shall also be
preserved. Alterations shall restore a structure's original elements,
materials, and appearance if economically or physically feasible.
Alterations which disguise or sheath original elements and materials
will not be permitted.
Storefronts and commercial building facades shall be treated
as a whole. The first (1st) floor facade should be compatible with
the upper floor(s).
D.
Demolition. Demolition in whole or in part, of individual
Landmarks or any structure within a Historic District, is not permitted.
Exceptions are allowed only if a structure has been substantially
damaged through fire or deterioration, and if there is reasonable
proof that it would be not economically or physically feasible to
rehabilitate. Other exceptions may be allowed if a structure does
not possess the integrity, originality, craftsmanship, and age to
merit preservation.
Demolition of past additions which have disguised or sheathed
original elements or facades are encouraged, as long as the intention
is to restore such elements or facades.
E.
Relocation Of Buildings. Structures shall not be removed
from their original site. Exceptions will be allowed only if there
is substantial evidence that it would not be practical or economical
to utilize the building on its present site.
If a building lies in the path of a public improvement project,
involving the City of Excelsior Springs, and if the building is worthy
of preservation by virtue of its integrity, originality, craftsmanship
or age, relocation may be considered as an alternative.
F.
Exterior Walls. A structure's original walls, including
masonry, siding, sheathing materials, and exposed foundations shall
be maintained and preserved. Walls, siding, and sheathing materials
which may not be original, but which have acquired significance by
virtue of age of craftsmanship shall also be maintained and preserved.
Such walls, siding, and sheathing materials shall not be altered,
covered or disguised by new building materials, siding, stucco or
paint. Restoration of original wall, siding, and sheathing materials
is encouraged. Removal of false facades which cover or disguise original
walls and materials is encouraged.
If walls, siding and sheathing are to be painted, the colors
chosen shall harmonize with neighboring structures. The use of colors
chosen from a palette of colors popular at the time of construction
of the building is encouraged.
G.
Decorative And Character Defining Elements. Original decorative
and character defining elements and decorative elements which may
not be original, but which have acquired significance by virtue of
their historic significance or craftsmanship, shall be restored, maintained,
and preserved. Such elements include, but are not limited to, moldings,
trimwork, cornices, brackets, posts, columns, towers, steeples, finials,
porches, porticos, verandas, parapet walls, bay windows, oriel windows,
patterned siding, decorative window sashes, architraves, door surrounds,
balustrades, dormers, roof overhangs, soffits, and other significant
elements which define the character, period and style of a building.
Colors applied to these elements shall harmonize with adjacent
or neighboring structures. The use of colors chosen from a palette
of colors popular at the time of construction of the building is encouraged.
H.
Doors And Windows. Original doors and windows shall not
be replaced unless there is substantial evidence that they are no
longer serviceable or cannot be restored. If it is necessary to expand
openings, it shall be accomplished in a manner which respects and
complements the surrounding building elements, materials, and colors.
In general, existing openings shall not be covered or relocated. If
additional entryways or service doors become necessary they shall
be located and designed in a sensitive manner. Restoration of original
entryways, which may have been covered, altered, or removed over time
is encouraged. Replacement doors and windows which imitate earlier
inappropriate styles is discouraged.
I.
Porches. Porches, Porticos, Stoops, Entryways, Loading Docks,
and Exterior Stairways: Such elements shall be of scale, design, material,
and color which complement the existing facade and its individual
elements. Loading docks and other service entrances shall be located
inconspicuously, and should be considered a part of a building's overall
design scheme.
J.
Roofs. Roof lines and shapes shall not be altered. Visible
roofing materials shall be compatible with other building elements
and materials in terms of colors, materials, texture. The use of roofing
materials appropriate to the style and period of the building is encouraged.
The use of roofing materials which reflect an earlier or later style
or period is discouraged.
K.
Mechanical Equipment And Weather Protection Devices. Mechanical
and weather protection devices shall be placed and installed in a
manner which is unobtrusive.
L.
Fences, Sidewalks, Decorative Dividers, And Walls. Fences
and decorative walls shall be placed and scaled in a manner which
does not cover, block or damage significant building facades or elements.
Such elements shall be of a style or period which corresponds with
the style or period of the building or buildings which they serve.
Original fences, walls, and sidewalks or fences, walls and sidewalks,
and trees which have acquired significance by virtue of their age
or craftsmanship shall not be removed or destroyed and shall be maintained
and preserved.
M.
Vacant Lots, Alleys, And Parking Areas. Parking lots, driveways,
and other spaces between and around buildings shall be designed and
maintained in a manner which does not detract from neighboring buildings
and facades. Garbage dumpsters, bollards, loading docks, and other
similar fixtures shall be structurally and cosmetically maintained
and shall be placed in a manner which is as inconspicuous as possible.
N.
Sign Applications. Application for sign permits in or immediately
adjacent to a Landmark or Historic District are reviewed under the
existing procedures of the sign ordinance administered by the Zoning
Administrator. The Historic Preservation Commission may make recommendations
to the Zoning Administrator concerning the conformance of a sign with
the character of a Landmark or Historic District.
[1]
Note — Ord. no. 2010-10-2-2, adopted February 16, 2010, adopted additional design guidelines for the Hall of Waters Historic District, which are on file in the city offices, and were adopted and approved for use in administering ch. 402 including the issuance or denial of certificate of appropriateness as required under section 402.140.
[R.O. 2012 §402.200; Ord. No. 90-4-4 §1, 4-16-1989]
A.
In
considering an application for a building or demolition permit or
for a Certificate of Appropriateness, the Building Inspector shall
be guided by the following general standards in addition to the design
review guidelines.
1.
Every reasonable effort shall be made to provide a compatible use
for a property which requires minimal alteration of the building,
structure, or site and its environment, or to use a property for its
originally intended purpose.
2.
The distinguishing original qualities or character of a building,
structure or site and its environment shall not be destroyed. The
removal or alteration of any historical material or distinctive architectural
feature should be avoided when possible.
3.
All buildings, structures, and sites shall be recognized as products
of their own time. Alterations that have no historical basis and which
seek to create an earlier appearance shall be discouraged.
4.
Changes which may have taken place in the course of time are evidence
of the history and development of a building, structure or site and
its environment. These changes may have acquired significance in their
own right, and this significance shall be recognized and respected.
5.
Distinctive stylistic features or examples of skilled craftsmanship
which characterize a building, structure or site shall be treated
with sensitivity.
6.
Deteriorated architectural features shall be repaired rather than
replaced, wherever possible. In the event replacement is necessary,
the new material should match the materials being replaced in composition,
design, color, texture, and other visual qualities. Repair or replacement
of missing architectural features should be based on accurate duplication
of features, substantiated by historic, physical or pictorial evidence
rather than on conjectural designs or the availability of different
architectural elements from other buildings or structures.
7.
The surface cleaning of structures shall be undertaken with the gentlest
means possible. Sandblasting and other cleaning methods that will
damage the historic building materials should not be undertaken.
8.
Every reasonable effort shall be made to protect and preserve archaeological
resources affected by, or adjacent to, any project.
9.
Contemporary design for alterations and additions to existing properties
and for new construction shall not be discouraged when such alterations,
additions, or new construction does not destroy significant historical,
architectural or cultural material, and such deign is compatible with
the size, scale, color, material, and character of the property, neighborhood
or environment.