[1]
Editor's Note: This Division formerly appeared as Ch. 12 1/2
of the 1971 City Code.
[Ord. No. 7534, § 2, 5-15-1986]
There shall be and is hereby established a commission to be
known as the "Landmarks Commission" of the City. The Commission shall
consist of seven members appointed by the Council of the City. All
members shall be residents of the City.
[Ord. No. 7534, § 2, 5-15-1986]
Commission members shall have a demonstrated interest in, competence
in or knowledge of historic preservation. To the extent available
in the City, the Commission shall include members representing the
disciplines of architecture, architectural history, history, archaeology,
planning, urban design, cultural geography or any other field related
to historic preservation.
[Ord. No. 7534, § 2, 5-15-1986]
Each member shall serve for a term of three years, provided
that the initial appointments to the Commission shall be as follows:
Two members shall be appointed for a term of one year, two members
shall be appointed to a term of two years, and three members for a
term of three years; thereafter, each successor who shall be appointed
shall be appointed for a term of three years.
[Ord. No. 7534, § 2, 5-15-1986]
The Council of the City, upon notification of a vacancy, shall
initiate action to fill such vacancy as soon as practicable after
notice of the vacancy.
[Ord. No. 7534, § 2, 5-15-1986]
Commission meetings shall be held at regular intervals and at
least four times a year as may be scheduled by the Commission. All
meetings of the Commission shall be public.
[Ord. No. 7534, § 2, 5-15-1986]
Officers, consisting of a Chairman, Vice Chairman, Recording
Secretary and Corresponding Secretary, shall be elected by the Commission
from its membership. The terms of said officers shall be for one year
subject to reelection to such office.
[Ord. No. 7534, § 2, 5-15-1986]
The City, through the office of the Chief Administrative Officer,
shall provide the Commission with such facilities as it shall need
for its operation, including secretarial services.
[Ord. No. 7534, § 2, 5-15-1986; Ord. No. 10152, § 1, 10-3-2013]
As used in this Division 8, the following words and phrases
shall have the meanings ascribed to them below:
An area designated as a "historic district" by the Landmarks
Commission, pursuant to procedures prescribed herein, which contains
within definable geographic boundaries buildings, structures, humanly
created objects, or environmental features which collectively constitute
an area united historically or aesthetically by plan or physical development.
A district may include individual landmarks as well as other properties
or structures which contribute to the overall visual characteristics
and historical significance of the landmarks located within the historic
district.
A property or structure, including the lot upon which the
property or structure is located, designated as a "landmark" by the
Landmarks Commission, pursuant to procedures prescribed herein, that
is worthy of rehabilitation, restoration and preservation because
of its historic and/or architectural significance to the City.
[Ord. No. 7534, § 2, 5-15-1986; Ord. No. 9076, § 1, 9-20-2001]
The Commission is hereby authorized and directed to make a continuous
study of all buildings, structures, historic sites, prehistoric sites,
landscape elements, works of art, or integrated combinations thereof,
or districts or areas containing them, within the City and which are
known to or brought to the attention of the Commission as possible
landmarks or historic districts within the definition of this Division
8. The Commission shall have authority to establish criteria for and
to designate those buildings, structures, historic sites, prehistoric
sites, landscape elements, works of art or integrated combinations
thereof, or districts or areas containing them which, in its judgment,
should be officially designated landmarks or historic districts within
the meaning of this chapter. In making such determinations, the Commission
may seek the advice of consultants, particularly in disciplines not
represented by Commission members. In making such determinations,
and in establishing its rules and regulations for the evaluation of
items submitted for its consideration, the Commission shall take into
account the age, design, period of construction, aesthetic value,
past use, historical significance, unusual nature, point of location
or other recognized or generally accepted criteria for determinations,
including, but not limited to, National Register criteria, Department
of Interior standards, or those of the State of Missouri. For the
purpose of carrying out the provisions of this Division 8, the Commission
shall have authority to reduce such criteria to writing and to establish
rules and regulations for the evaluation of items submitted for its
consideration, as well as to provide ways and means for the submission,
evaluation and selection of possible landmarks or historic districts.
The Commission may adopt such bylaws and rules of procedure, not inconsistent
with this Division 8, as it deems necessary.
[Ord. No. 7534, § 2, 5-15-1986]
Whenever a landmark or historic district has been proposed by
the Commission, notice of such proposed designation shall be caused
to be delivered by the Chief Administrative Officer to the owner or
owners of such properties as the name of such owner or owners shall
be disclosed by the City records, including owners of property within
a historic district. Before a property shall be designated a landmark,
the owner of the property shall be given an opportunity to be heard
by the Commission. Before the Commission designates a historic district,
a public hearing shall be held, after having given notice of the time,
place and purpose of such public hearing by at least one notice in
a newspaper of general circulation within the City at least 15 days
prior to the date of the public hearing and by sending a copy of said
notice by first class mail to all property owners within the proposed
district as shown by the City records.
[Ord. No. 7534, § 2, 5-15-1986; Ord. No. 9076, § 2, 9-20-2001]
Whenever a property has been officially designated as a landmark
or historic district within the meaning of this Division 8, such fact
shall be publicly declared by the Commission, recorded with the Recorder
of Deed's office, St. Louis County, and shall be transmitted to the
Building Commissioner of the City, who is hereby charged with the
duty of maintaining an official landmark register in which shall be
entered all such designations, adequately described for proper identification.
A statement of considerations in making such designations shall be
filed with the Building Commissioner, who shall maintain such statement
for public use and inspection.
[Ord. No. 7534, § 2, 5-15-1986; Ord. No. 7565, § 1, 8-21-1986; Ord. No. 9076, § 3, 9-20-2001]
(a)
No building permit for the alteration or modification to the exterior
or site of a landmark shall be issued by the City until the plans
and specifications have been submitted to the Landmarks Commission
for review and approval. This approval is not required for changes
to the interior of a landmark property. The Commission shall be guided
by the Secretary of the Interior's "Standards for Rehabilitating Historic
Buildings." In no event shall any applicant be caused unnecessary
or unreasonable delay. All complete applications shall be reviewed
by the Commission within 60 days of submittal, unless the applicant
agrees to extend the time for review.
(b)
No building permit for new construction within a historic district
shall be issued by the City until the plans have been submitted to
the Landmarks Commission for review and approval for adherence to
the guidelines of said historic district. In no event shall any applicant
be caused unnecessary or unreasonable delay. All complete applications
shall be reviewed by the Commission within 60 days of submittal, unless
the applicant agrees to extend the time for review.
(c)
No demolition permit or permit for relocation shall be issued by
the City for any designated landmark or property within a historic
district until the plans have been submitted to the Landmarks Commission
for review and approval. Upon submission to the Commission of any
such application for a demolition permit or a relocation permit, the
Commission shall have the power to review and withhold approval for
a period of 270 days. During this period, the Commission shall confer
with the owner, occupant, or other person having an interest in such
building or structure for the purpose of making suggestions and recommendations
with respect to any or all means or methods considered feasible and
proper for the preservation of such landmark. It shall be the duty
of the Commission within this review period to make suggestions and
recommendations whereby the landmark in question may be preserved
and maintained in a state which will not deface, mar, materially alter,
or destroy in whole or in part the historical significance or aesthetic
value of such landmark or historic district. The "period of review"
shall begin the date the application for review is submitted to the
Landmarks Commission. The Commission may grant its approval prior
to the completion of the 270 days, but in no case shall the Commission
terminate its review within 60 days of its initial review.
(d)
The Landmarks Commission may request advisory review of public improvements
that affect landmarks and historic districts on the Kirkwood Landmarks
Register. The improvement or project should be located within a historic
district, on the site of or within 200 feet of any landmark or within
200 feet of any boundary of a historic district. The Commission shall
have at least 30 days to complete its review and report its recommendations
to the City Council, except when the directing agency of the City,
if necessary to accelerate the design review process, may specify
a time less than 30 days within which the Commission shall complete
its review and report to the City Council, except as dictated by public
safety.
(e)
The report of the Commission, while advisory in nature, shall be
furnished to any other person, board, commission or entity having
jurisdiction over the proposed change, and shall be given due consideration
by such person, board, commission or entity.
(f)
No demolition permit, building permit, or permit for relocation shall
be issued until such time as the Commission shall advise the Building
Commissioner that it has terminated its review hereunder and has recommended
approval of such permit provided. However, in the event the Commission
fails to make a determination within the identified review period,
the application shall be deemed to be approved by the Commission and
the study shall be terminated. The Building Commissioner shall then
grant or deny the permit in accordance with all applicable code provisions.
[Ord. No. 7534, § 2, 5-15-1986]
Any owner of a designated landmark or owner of property within
a designated historic district aggrieved by a decision of the Landmarks
Commission may appeal the decision to the City Council. Application
for Council review shall be made to the City Clerk within 15 days
of the sending of notification of the decision of the Commission to
the affected person. Review by the Council shall occur within 31 days
of the receipt of the appeal.
[Ord. No. 7534, § 2, 5-15-1986]
The Commission is hereby authorized to accept gifts and gratuities
on behalf of the City for the study, acquisition, designation and
preservation of officially designated landmarks or historic districts.
All such gifts and gratuities shall be set aside in a special fund
known as the "Landmarks Fund" and shall be distributed only upon appropriation
by the City Council. All such gifts and gratuities shall be used solely
for purposes consistent with this Division 8 and may be disbursed,
advanced or loaned upon any lawful terms or conditions established
by the City Council.
