[Ord. No. 19-08.06, 8-20-2019]
A.
Purpose. 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 buildings,
structures, objects, sites, and districts, 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;
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 historic buildings, structures, objects, sites, 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
BOARD OF ADJUSTMENT
BUILDING
CERTIFICATE OF REVIEW
CONSTRUCTION
CULTURAL RESOURCES
DEMOLITION
DESIGN GUIDELINE
DISTRICT
EXTERIOR ARCHITECTURAL APPEARANCE
HISTORIC DISTRICT
HISTORIC SIGNIFICANCE
HPC
LANDMARK
MINIMUM MAINTENANCE
OBJECT
ORDINARY MAINTENANCE
OWNER OF RECORD
PUBLIC IMPROVEMENT PROJECT
REMOVAL
REPAIR
SECRETARY OF THE INTERIOR'S PROFESSIONAL QUALIFICATION
STANDARDS
SECRETARY OF THE INTERIOR'S STANDARDS
SITE
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 Marceline.
The Board established pursuant to Chapter 405, Article IX.
A resource created principally to shelter any form of human
activity, such as house.
A certificate issued by the Historic Preservation Commission
(HPC) indicating its review of plans for alteration, construction,
removal or demolition of a landmark or of a structure within a historic
district.
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 lifeways 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.
A significant concentration, linkage, or continuity of buildings,
structures, objects, and/or sites united historically or aesthetically
by plan or physical development.
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 Marceline.
The minimum regulations governing the conditions and maintenance
of all existing structures, as set out in the most recent applicable
edition of the International Existing Building Code, as published
by the International Code Council, adopted by the City Council of
the City of Marceline, Missouri, as such existing structures code
shall be amended from time to time by the City of Marceline.
Those constructions, and differentiated from buildings or
structures, that are primarily artistic in nature or are relatively
small in scale and simply constructed.
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 Marceline or any of its departments
or agencies involving major modification or replacement of streets,
sidewalks, curbs, streetlights, 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.
Qualification standards used by the National Park Service,
and previously published in the Code of Federal Regulations, 36 CFR
61 that define minimum education and experience required to perform
identification, evaluation, registration, and treatment activities.
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 68 in the July 12,
1995, Federal Register (Vol. 60, No. 133). The most current version
of the standards should always be used.
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.
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 antennas 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. 19-08.06, 8-20-2019]
A.
Composition Of Historic Preservation Commission. The Historic Preservation
Commission (HPC) shall consist of five (5) members, residents of the
existing Marceline R-V School District, all of whom shall be appointed
by the Mayor and approved by the City Council. In addition, a member
of the City Council and a member of the City Planning Commission shall
serve as ex officio members but shall have no vote. The City Manager
will serve as the City's staff liaison to the HPC. 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.
[Ord. No. 19-09.07; 9-18-2019]
B.
Terms. The terms of office of the members of the HPC shall be for
three (3) years, except that the membership of the first HPC appointed
shall serve respectively for terms of one (1) for one (1) year; two
(2) for two (2) years; and two (2) 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 Chair and a Vice Chair elected
by the HPC who each shall serve a term of one (1) year and shall be
eligible for reelection. The Council and Planning Commission representatives
shall not be eligible for office. The Chair shall preside over meetings.
In the absence of the Chair, the Vice Chair shall perform the duties
of the chair. If both are absent, a temporary Chair shall be elected
by those present. The Secretary of the HPC shall be appointed by the
Board 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 City 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 voting 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 Chair, 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 the owner's right of use,
modification, maintenance, disposition, or demolition. The Chair,
and in his/her absence, the acting Chair, may administer oaths and
require the attendance of witnesses. 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 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.
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 Commission and
to the City Council the adoption of ordinances designating properties
or structures having special cultural, historic, archaeological, community
or architectural value as landmarks;
4.
To investigate and recommend to the Planning Commission and
the City Council the adoption of ordinances designating areas as having
special cultural, historic, archaeological, 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 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 Marceline
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 Marceline
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 review construction, alteration, removal or demolition projects
for which a building or demolition permit is required for the exterior
architectural appearance of the building and which have been referred
to the HPC by the City, which projects may affect proposed or designated
landmarks or structures within historic districts, and issue certificates
of review and recommendations for such actions. Plans, drawings, elevations
and specifications (for building permits), photographs and/or other
information included as part of the building permit or demolition
applications will be provided (as available) to the HPC by the Planning
Commission to allow the HPC to undertake an informed review process;
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 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;
13.
To review proposed zoning amendments, applications for special
use permits, or applications for zoning variances that affect proposed
or designated landmarks or historic districts;
14.
To administer on behalf of the City of Marceline any property
of historical significance or full or partial interest in real property,
including easements, that the City of Marceline may have or accept
as a gift or otherwise, upon approval by the City Council;
15.
To accept and administer on behalf of the City of Marceline,
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;
16.
To call upon available City staff members as well as other experts
for technical advice;
17.
To testify before all boards and commissions, including the
Planning Commission and the Board of Adjustment on any matter affecting
historically, archaeologically, culturally an architecturally significant
property, structures, sites and areas;
18.
To make recommendations to the City Council concerning budgetary
appropriations to further the general purposes of this Chapter;
19.
To develop a preservation component in the Master Plan of the
City of Marceline and to recommend it to the Planning Commission and
to the City Council;
20.
To periodically review the City of Marceline Planning and Zoning
Ordinance and to recommend to the Planning Commission and the City
Council any amendments appropriate for the continued use of landmarks
or property, sites and structures within historic districts; and
21.
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. 19-08.06, 8-20-2019]
A.
The HPC will support an ongoing survey and research effort in the
City of Marceline 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, the HPC shall develop
a plan and schedule for conducting a comprehensive survey of the City
of Marceline to identify significant resources. As part of the survey,
the HPC may 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 may 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 Marceline;
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 Marceline.
B.
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. 19-08.06, 8-20-2019]
A.
General. Nominations shall be made to the HPC on a form prepared
by it and may be submitted by an owner(s) of record of the nominated
property or structure, or a member of the HPC, Downtown Marceline
Organization or the City Council with written consent from the building
owner(s). 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, object, site, area or district meets
one or more of the following criteria for local landmark designation,
that are based on criteria for evaluation for the National Register
of Historic Places:
1.
Its character, interest, or value as part of the development,
heritage, or cultural characteristics of the community, County, State
or Country;
2.
Its overall setting and harmony as a collection of buildings,
structures, objects where the overall collection forms a unit;
3.
Its potential to be returned to an accurate historic appearance
regardless of alterations or insensitive treatment that can be demonstrated
to be reversible;
4.
Its location as a site of a significant local, County, State,
or National event;
5.
Its identification with a person or persons who significantly
contributed to the development of the community, County, State, or
Country;
6.
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;
7.
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;
8.
Its embodiment of elements of design, detailing, materials,
or craftsmanship that 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 potential to yield information important to history and
prehistory.
13.
Any structure, property, or area that meets one 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 may schedule a public hearing to solicit input and comment on
the proposed nomination.
D.
Report And Recommendation Of HPC.
1.
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 this Section. The resolution
shall be accompanied by a report to the Planning Commission containing
the following information:
a.
Explanation of the significance or lack of significance of the
nominated landmark or historic district as it relates to the criteria
for designation.
b.
Explanation of the integrity or lack of integrity of the nominated
landmark or historic district.
d.
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;
(2)
The type and significance of historic and prehistoric
archaeological sites within the nominated historic district;
(3)
Proposals for design guidelines which will guide
HPC recommendations accompanying certificates of review within the
nominated landmark or historic district;
(4)
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;
(5)
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;
(6)
A map showing the location of the nominated landmark
and/or the boundaries of the nominated historic district.
2.
The recommendations and report of the HPC regarding historic
districts shall be sent to the Planning 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 Commission shall schedule
and hold a hearing on the nomination following receipt of a report
and recommendation from the HPC that a nominated 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 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 Commission. Within sixty (60) calendar
days following close of the public hearing, the Planning Commission
shall make a determination upon the evidence whether the nominated
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
Commission and shall be accompanied by a report stating the findings
of the Planning Commission concerning the relationship between the
criteria for designation in this Section and the nominated historic
district and all other information required by this Section.
H.
Notification Of Determination. Notice of the determination of the
Planning Commission, including a copy of the report, shall be sent
by regular mail to the owner of record 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 Commission that the nominated historic district does
meet the criteria for designation, a copy of the resolution and report
accompanied by a recommendation that the nominated historic district
be designated shall be sent to the City Council.
I.
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 rejected, make a final
determination regarding the landmark or historic district by an ordinance.
J.
The Designation Ordinance. Upon designation, the historic district
shall be classified as a District H - Historic, and the designating
ordinance shall prescribe the significant features, the types of projects
requiring a building or demolition permit that should be reviewed
prior to being undertaken, the design guidelines for applying the
criteria for a certificate of review, 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 Marceline shall be amended to show the location
of the "District H - Historic" as an overlay zone.
K.
Amendment And Rescission Of Designation. Designation may be amended
or rescinded upon petition by the property owner to the HPC and compliance
with the same procedure and according to the same criteria set forth
herein for designation. Upon the purchase of a property in a locally
designated district, the purchaser will have the right to rescind
designation status or to apply for designation status.
L.
Appeal. A determination by the HPC 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 file with the City Clerk a
written appeal to the City Council.
[Ord. No. 19-08.06, 8-20-2019]
A.
A certificate of review shall be issued for the following actions
affecting the appearance of the exterior architectural appearance
of a landmark or structure within a historic district. Interior renovations
are excluded.
B.
Notification of applications received for building and demolition
permits for landmarks or structures within a historic district shall
be forwarded by the Codes Enforcement Office to the HPC within seven
(7) days following receipt of a complete application. The Codes Enforcement Office
will share any materials provided by the permit applicant with the
HPC so that the HPC may conduct an informed project review and make
appropriate recommendations as to how the project can be completed
so that it meets the Secretary of the Interior's standards. Shared
materials should include, but not necessarily be limited to, project
descriptions, current photographs of the building, and project design
drawings (for building permit applicants only). Any applicant may
request a meeting with the HPC before the application is reviewed
by the HPC or during the review of the application. The HPC shall
consider the completed application and conduct the design review process
at its next regular meeting. Certificates of review, accompanied by
written recommendations, shall be issued by the HPC within seven (7)
calendar days of the HPC's project review, and given to the Codes
Enforcement Department, who will provide a copy to the permit applicant.
Permit applicants are encouraged but not required to be present at
the HPC reviews of their projects in order to answer any questions
the HPC may have, and to discuss the HPC's recommendations that
will accompany the certificate of review. No additional paperwork
or undue burden besides the building or demolition permit will need
to be completed during this process by the building owner.
C.
Compliance with the HPC recommendations accompanying certificates
of review will be entirely voluntary on the part of the permit applicant.
In the event of a major loss of historic integrity as determined by
the HPC, the HPC may recommend the historic designation be removed.
[Ord. No. 19-08.06, 8-20-2019]
A.
The HPC may review the information accompanying an application for
a building or demolition permit, and, upon receipt of a complete application,
issue a certificate of review within thirty (30) days of receipt.
Written notice of the certificate of review shall be provided to the
applicant and the Codes Enforcement Office within seven (7) days following
the review and shall be accompanied by a certificate of review.
B.
A certificate of review shall become void unless construction is
commenced, or demolition is completed within twelve (12) months of
date of issuance. Certificates of review shall be issued for a period
of eighteen (18) months for building permits and are renewable.
[Ord. No. 19-08.06, 8-20-2019]
A.
In considering a certificate of review and recommendations, the HPC
shall be guided in principle by the Secretary of the Interior's
Standards for Rehabilitation, as follows, in addition to any design
guidelines in the ordinance designating the landmark or historic district
or adopted by separate ordinance. Applications, standards for review
and design guidelines shall be available in the office of the City
Clerk for distribution to the public. These standards are to be used
for recommendation purposes by the Historic Preservation Commission
and do not bind the property owner in any way.
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. 19-08.06, 8-20-2019]
A.
Design guidelines for applying the standards for a certificate of
review shall, at a minimum, consider the following architectural criteria.
These guidelines are to be used for recommendation purposes by the
Historic Preservation Commission and do not bind the property owner
in any way.
1.
Height. The height of any proposed alteration or construction
should be 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 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 design,
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.
[Ord. No. 19-08.06, 8-20-2019]
A.
Ordinary Maintenance Exclusion. Nothing in this Chapter shall be
construed as to prevent the ordinary maintenance or repair of any
exterior elements of any building or structure.
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.
1.
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:
a.
The deterioration of exterior walls or other vertical supports;
b.
The deterioration of roofs or other horizontal members;
c.
The deterioration of external chimneys;
d.
The deterioration or crumbling of plasters or mortar;
e.
The deterioration or ineffective waterproofing of exterior walls,
roofs, and foundations, including broken windows or doors;
f.
The peeling of paint, rotting, holes, and other forms of decay;
g.
The lack of maintenance of surrounding environment, e.g., fences
gates, sidewalks, steps, signs, accessory structures, and landscaping;
h.
The deterioration of any feature so as to create or permit the
creation of any hazardous or unsafe condition or conditions.
2.
If minimum maintenance is not being maintained, the owner of
the property or other person having legal custody thereof shall be
notified by the City Building Official. 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-day
period. If after the original thirty-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 HPC may take action to rescind designation status.
[Ord. No. 19-08.06, 8-20-2019]
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 City Building Official at least
fifteen (15) days prior to the date of the public hearing set by the
Planning and Zoning Commission. 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 to be heard. Within fifteen
(15) days after receipt of said application, the HPC shall forward
its comments to the City Building Official for presentation to the
Planning and Zoning Commission for their consideration in reviewing
the application.
[Ord. No. 19-08.06, 8-20-2019]
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 City Building Official, 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 Chapter. 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.