[Ord. No. 3030, 12-4-2023]
A.
Purpose. The purpose of this Article is to promote the educational,
cultural, economic, and general welfare of the community by:
1.
Providing a mechanism to identify and preserve the distinctive
historic, archaeological and architectural characteristics of Higginsville,
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 Higginsville landmarks and historic
districts;
3.
Conserving and improving the value of property designated as
landmarks or within historic districts;
4.
Providing for economic benefits to encourage business and residential
owners to locate and invest in historically significant properties;
5.
Protecting and enhancing the attractiveness of the City to home
buyers, tourists, visitors, and shoppers, and thereby supporting and
promoting business, commerce and industry, and providing economic
benefit to the City;
6.
Fostering and encouraging preservation, restoration, and rehabilitation
of the historic structures, areas and neighborhoods, and thereby preventing
future urban blight;
7.
Promoting the use of historic districts and landmarks for the
education, pleasure, and welfare of the people of the City;
8.
Promoting the identification, evaluation, protection and interpretation
of the prehistoric and historic archaeological resources within the
incorporated limits of the City.
B.
ALTERATION
AREA
BOARD OF ADJUSTMENT
CERTIFICATE OF APPROPRIATENESS
CERTIFICATE OF ECONOMIC HARDSHIP
CONSTRUCTION
CULTURAL RESOURCES
DEMOLITION
DESIGN GUIDELINE
EXTERIOR ARCHITECTURAL APPEARANCE
HISTORIC DISTRICT
HISTORIC SIGNIFICANCE
HPC
LANDMARK
MINIMUM MAINTENANCE
ORDINARY MAINTENANCE
OWNER OF RECORD
PUBLIC IMPROVEMENT PROJECT
REMOVAL
REPAIR
SECRETARY OF THE INTERIOR'S STANDARDS
SITE
STOP WORK ORDER
STRUCTURE
SURVEY
Definitions. As used in this Article, the following terms shall have the meanings set forth, in addition to the definitions found in Section 410.040:
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 Higginsville.
The board established, pursuant to the Code of Ordinances,
to hear variances.
A certificate issued by the Historic Preservation Commission
(HPC), indicating its approval of plans for alteration, construction,
removal or demolition of a landmark or of a structure within an historic
district.
A certificate issued by the HPC, authorizing an alteration,
construction, removal or demolition, even though a certificate of
appropriateness has previously been denied.
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 an historic district, or which threatens
to destroy a landmark or a structure within an historic district,
or which destroys or threatens to destroy a potentially significant
property or structure, by failure to maintain it in a condition of
good repair and maintenance.
A standard of appropriate activity that will preserve the
historic, prehistoric, architectural, scenic or aesthetic character
of a landmark or historic district.
The architectural character and general composition of the
exterior of a structure, including, but not limited to, the kind,
color and texture of the building material and the type, design and
character of all windows, doors, light fixtures, signs, and appurtenant
elements.
An area designated as an "historic district" by ordinance
of the Board of Aldermen, 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 Board of Aldermen, 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 Higginsville.
The minimum regulations governing the conditions and maintenance of all existing structures, as set out in Chapter 510 of this Code.
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 Higginsville, or any of its departments
or agencies, involving major modification or replacement of streets,
sidewalks, curbs, street lights, street or sidewalk furniture, landscaping,
parking, or other portions of the public infrastructure, servicing
commercial, residential, recreational or industrial development; or
any undertakings affecting City parks or City-owned structures.
Any relocation of a structure, object or artifact on its
site or to another site.
Any change that is not construction, alteration, demolition,
or removal, and is necessary or useful for continuing normal maintenance
and upkeep.
The Secretary of the Interior's Standards for the Treatment
of Historic Properties are sets of treatment standards intended to
assist users in making sound historic preservation decisions for the
preservation, rehabilitation, restoration or reconstruction of historic
properties. The Standards are codified as 36 CFR Part 68 in the July
12, 1995, Federal Register (Vol. 60, No. 133).
The traditional, documented or legendary location of an event,
occurrence, action or structure, significant in the life or lives
of a person, persons, groups, or tribe, or any place, with evidence
of past human activity. Sites include, but are not limited to, cemeteries,
burial grounds, occupation and work areas, evidence of farming or
hunting and gathering, battlefields, settlements, estates, gardens,
groves, river crossings, routes and trails, caves, quarries, mines
or significant trees or other plant life.
An order directing an owner, occupant, contractor or subcontractor
to halt an action for which a certificate of appropriateness is required,
and notifying the owner, occupant, contractor or subcontractor of
the application process for a certificate of appropriateness.
Anything constructed or erected, the use of which requires
permanent or temporary location, on or in the ground, including, but
without limiting, the generality of the foregoing, buildings, fences,
gazebos, advertising signs, billboards, backstops for tennis courts,
radio and television 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. 3030, 12-4-2023]
A.
Composition Of Historic Preservation Commission. The Historic Preservation
Commission (HPC) shall consist of seven (7) members, residents of
the City of Higginsville, all of whom shall be appointed by the Mayor.
In addition, a member of the Board of Aldermen and of the Planning
and Zoning Commission shall be appointed to serve as liaison. The
Council and Zoning representatives shall vote but shall not hold office.
All Commission members must have a demonstrated interest, competence
or knowledge in historic preservation. To the extent available in
the community, the HPC shall include professional members, representing
such disciplines as architecture, architectural history, prehistoric
and historic archaeology, planning, urban design, cultural geography,
cultural anthropology, folklore, curation, conservation, landscape
architecture, law, real estate brokerage, banking, history or other
fields related to historic preservation, and residents of historic
districts or potential historic districts.
B.
Terms. The terms of office of the members of the HPC shall be for
three (3) years, excepting that the membership of the first HPC appointed
shall serve respectively for terms of two for one (1) year; two for
two (2) years; and three for three (3) years. Vacancies shall be filled
for the unexpired term only. Action to fill vacancies shall be initiated
within 60 days. The HPC shall hold at least four (4) meetings per
year, and any member of the HPC who fails to attend at least fifty
percent (50%) of all meetings, regular and special, in any calendar
year, shall, thereby, automatically vacate the membership.
C.
Officers. Officers shall consist of a Chairman and a Vice-Chairman,
elected by the HPC, who shall each serve a term of one (1) year, and
shall be eligible for re-election; but no member shall serve as Chairman
for more than two (2) consecutive years. The Council and Planning
and Zoning Commission representatives shall not be eligible for office.
The Chairman shall preside over meetings. In the absence of the Chairman,
the Vice-Chairman shall perform the duties of the Chairman. If both
are absent, a temporary Chairman shall be elected by those present.
The Secretary of the HPC shall be appointed by the Planning Department
and shall have the following duties:
1.
Take minutes of each HPC meeting;
2.
Be responsible for publication and distribution of copies of
the minutes, reports, and decisions to the members of the HPC;
3.
Give notice, as provided herein, by law, for all public hearings
conducted by the HPC;
4.
Advise the Mayor of vacancies on the HPC and expiring terms
of members; and
5.
Prepare to submit to the Council a complete record of the proceedings
before the HPC on any matter requiring Council consideration.
D.
Meetings. A quorum shall consist of four of the members. All decisions
or actions of the HPC shall be made by a majority vote of those members
present and voting at any meeting where a quorum exists. Meetings
shall be held at regularly-scheduled times, to be established by resolution
of the HPC at the beginning of each calendar year, or at any time
upon the call of the Chairman, but no less than once each quarter.
Public notice of all meetings shall be posted in conformance with
standard City policy and Section 610.020, RSMo. No member of the HPC
shall vote on any matter that may materially or apparently affect
the property, income, or business interest of that member. No action
shall be taken by the HPC that could in any manner deprive or restrict
the owner of property in its use, modification, maintenance, disposition,
or demolition, until such owner shall first have had the opportunity
to be heard at public meeting of the HPC, as provided herein. The
Chairman, and in his/her absence, the Acting Chairman, 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 Board of Aldermen shall annually appropriate funds,
within the budget limitations, for the operation of the HPC. The HPC
may, with the consent of the Board of Aldermen, 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 Article.
F.
Compensation. The members shall serve without compensation, but shall
be reimbursed for expenses they incur while on Commission business.
G.
Powers And Duties. The HPC shall have the following powers and duties:
1.
To adopt its own by-laws and procedural regulations, provided
that such regulations are consistent with this Chapter and the Revised
Statutes of the State of Missouri;
2.
To conduct an ongoing survey for the identification of historically,
archaeologically and architecturally significant properties, structures,
sites and areas that exemplify the cultural, social, economic, political,
or architectural history of the nation, State or City; and to maintain
the research information in an inventory accessible to the public
(except for archaeological site locations, which shall be restricted);
3.
To investigate, and recommend to the Planning and Zoning Commission,
and to the Board of Aldermen, the adoption of ordinances designating
for protection, properties or structures having special cultural,
historic, archaeological, community or architectural value as "landmarks";
4.
To investigate and recommend to the Planning and Zoning Commission,
and the Board of Aldermen, the adoption of ordinances, designating
for protection, 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 (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 Higginsville
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 Higginsville
concerning the historic, archaeological and architectural heritage
of the City, through publication or sponsorship of maps, newsletters,
brochures, pamphlets, programs and seminars by the City, the HPC,
or other appropriate parties;
10.
To hold public hearings and to review applications for construction,
alteration, removal or demolition, affecting proposed or designated
landmarks or structures within historic districts, and issue or deny
certificates of appropriateness for such actions. Applicants may be
required to submit plans, drawings, elevations, specifications, and
other information, as may be necessary to make decisions;
11.
To hold public hearings on each proposed nomination of a landmark,
and of an historic district, and on the guidelines developed for each
nomination;
12.
To request the Building Inspector to issue stop work orders
for any construction, alteration, removal or demolition undertaken,
without a certificate of appropriateness, or to stop work that violates
the conditions of a certificate;
13.
To review all applications for demolition permits within the
corporate limits of the City, to determine impact to significant cultural
resources, including those not yet nominated as landmarks, or as contributing
properties within an historic district;
14.
To consider applications for certificates of economic hardship,
that would allow the performance of work for which a certificate of
appropriateness has been denied;
15.
To develop specific design guidelines, based on the Secretary
of the Interior's Standards for Rehabilitation, for the alteration,
construction, or removal of landmarks or property and structures within
historic districts;
16.
To review proposed zoning amendments, applications for special
use permits, or applications for zoning variances, that affect proposed
or designated landmarks or historic districts;
17.
To administer on behalf of the City of Higginsville, any property
of historical significance, or full or partial interest in real property,
including easements, that the City of Higginsville may have or accept
as a gift, or otherwise, upon approval by the Board of Aldermen;
18.
To accept and administer on behalf of the City of Higginsville,
upon approval of the Council, such gifts, grants, and money as may
be appropriate for the purposes of this Article. 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 Article;
19.
To call upon available City staff members, as well as other
experts, for technical advice;
20.
To retain such specialists or consultants, or to appoint such
citizen advisory committees, as may be required from time to time;
21.
To testify before all Boards and commissions, including the
Planning and Zoning Commission and the Board of Adjustment, on any
matter affecting historically, archaeologically, culturally and architecturally
significant property, structures, sites and areas;
22.
To make recommendations to the Board of Aldermen concerning
budgetary appropriations, to further the general purposes of this
Article;
23.
To develop a preservation component in the Master Plan of the
City of Higginsville, and to recommend it to the Planning and Zoning
Commission and to the Board of Aldermen;
24.
To periodically review the Higginsville Zoning Ordinance, and
to recommend to the Planning and Zoning Commission and the Board of
Aldermen, any amendments appropriate for the protection and continued
use of landmarks or property, sites and structures within historic
districts; and
25.
To undertake any other action or activity necessary or appropriate
to the implementation of its powers and duties, or to implementation
of the purpose of this Article.
[Ord. No. 3030, 12-4-2023]
A.
The HPC shall undertake an ongoing survey and research effort in
the City of Higginsville, to identify neighborhoods, areas, sites,
structures, and objects that have historic, cultural, archaeological,
architectural or aesthetic importance, interest or value, and shall
maintain an inventory of that information. Before the HPC shall, on
its own initiative, nominate any landmark or district for designation,
it shall develop a plan and schedule for conducting a comprehensive
survey of the City of Higginsville, to identify significant resources.
As part of the survey, the HPC shall review and evaluate any prior
surveys and studies by any unit of government or private organization,
and compile appropriate descriptions, facts, and photographs. The
HPC shall systematically identify potential landmarks and historic
districts and adopt procedures to nominate them based upon the following
criteria:
1.
The potential landmarks and historic districts in one (1) identifiable
neighborhood or distinct geographical area of the City of Higginsville;
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 Higginsville.
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. 3030, 12-4-2023]
A.
General. Nominations shall be made to the HPC on a form prepared
by it, and may be submitted by a member of the HPC, owner of record
of the nominated property or structure, or the Board of Aldermen.
Nominations shall be turned in to the City Clerk, who will, within
seven (7) days of receipt, mail a notification of intent to nominate
to the owner of record of the nominated property. Forms and criteria
for nomination will be available at the office of the City Clerk.
B.
Criteria For Consideration Of Nomination. The HPC shall, upon such
investigation as it deems necessary, make a determination, as to whether
a nominated property, structure, site, area or district meets one
(1) or more of the following criteria, based on criteria for evaluation
for the National Register of Historic Places:
1.
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 suitability for preservation or restoration; and
13.
Its potential to yield information important to history and
prehistory.
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Any structure, property, or area that meets one (1) or more
of the above criteria, shall also have sufficient integrity of location,
design, materials, and workmanship to make it worthy of preservation
or restoration.
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C.
Public Hearing On Landmarks And Historic Districts. Upon receipt
of a completed nomination of a landmark or historic district, the
HPC shall schedule a public hearing to solicit input and comment on
the proposed nomination and guidelines for certificates of appropriateness.
D.
Report And Recommendation Of HPC.
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 Section 410.1030 of this Article. The resolution shall be accompanied by a report to the Planning and Zoning Commission, containing the following information:
2.
3.
In the case of a nominated historic district found to meet the
criteria for designation:
a.
The types of significant exterior architectural features of
the structures, within the nominated historic district, that should
be protected;
c.
The type and significance of historic and prehistoric archaeological
sites, within the nominated historic district;
d.
Proposals for design guidelines of HPC review of certificates
of appropriateness, within the nominated landmark or historic district;
e.
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;
f.
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;
g.
A map showing the location of the nominated landmark and/or
the boundaries of the nominated historic district.
4.
The recommendations and report of the HPC shall be sent to the
Planning and Zoning Commission within seven (7) days following the
vote on the resolution, and shall be available to the public in the
office of the City Clerk.
E.
Notification Of Nomination. The Planning and Zoning Commission shall
schedule and hold a hearing on the nomination, following receipt of
a report and recommendation from the HPC that a nominated landmark
or historic district does or does not meet the criteria for designation.
The meeting shall be scheduled, held and conducted in the same manner
as other meetings to consider applications for Zoning Map amendments
or ordinance amendments. Notice of the date, time, place and purpose
of the meeting, and a copy of the completed nomination form shall
be sent by regular mail to the owner(s) of record and to the nominators.
F.
Public Hearing. Oral or written testimony concerning the significance of the nominated landmark or historic district shall be taken at the public hearing from any person concerning the nomination. The HPC may present expert testimony, or present its own evidence, regarding the compliance of the nominated landmark or historic district, with the criteria for consideration of a nomination set forth in Section 410.1030 of this Article. The owner of any nominated landmark, or of any property within a nominated historic district, shall be allowed reasonable opportunity to present evidence regarding significance, and shall be afforded the right of representation by counsel and reasonable opportunity to cross-examine expert witnesses. The hearing shall be closed upon completion of testimony.
G.
Determination By Planning And Zoning Commission. Within sixty (60) calendar days following close of the public hearing, the Planning and Zoning Commission shall make a determination, upon the evidence, whether the nominated landmark or historic district does or does not meet the criteria for designation. Such a determination shall be made upon a motion and vote of the Planning and Zoning Commission, and shall be accompanied by a report, stating the findings of the Planning and Zoning Commission concerning the relationship between the criteria for designation in Section 410.1030 of this Article and the nominated landmark or historic district, and all other information required by this Article.
H.
Notification Of Determination. Notice of the determination of the
Planning and Zoning Commission, including a copy of the report, shall
be sent by regular mail to the owner of record of a nominated landmark
and of all property within a nominated historic district, and to the
nominator, within seven (7) days following adoption of the resolution.
Within seven (7) days following a determination by the Planning and
Zoning Commission that the nominated landmark or historic district
does meet the criteria for designation, a copy of the resolution and
report, accompanied by a recommendation that the nominated landmark
or historic district be designated, shall be sent to the Board of
Aldermen.
I.
Appeal. A determination by the Planning and Zoning Commission that
the nominated landmark or historic district does not meet the criteria
for designation shall be a final administrative decision, reviewable
under the Missouri Administrative Procedure and Review Act; provided,
however, that the nominator, or any owner of the nominated landmark,
or of property within the nominated historic district, may within
thirty (30) days after the postmarked date of the notice of the determination,
file with the City Clerk a written appeal to the Board of Aldermen.
J.
Action By Board Of Aldermen. The Board of Aldermen shall, within sixty (60) calendar days after receiving the recommendation that the nominated landmark or historic district be designated or receiving a written appeal, either reject the recommendation or written appeal by formal resolution, or designate the landmark or historic district by an ordinance. The Board of Aldermen shall hold a public hearing before enacting the resolution or ordinance, and provide notice and take testimony, in the same manner as provided in Section 410.1030 of this Article. Any resolution or ordinance shall be accompanied by a written statement, explaining the reasons for the action of the Board of Aldermen. The City Clerk shall provide written notification of the action of the Board of Aldermen, by regular mail, to the nominator, the appellant, and the owner(s) of record of the nominated landmark or of all property within a nominated historic district. The notice shall include a copy of the designation ordinance or resolution passed by the Board of Aldermen and shall be sent within seven (7) days of the Board of Aldermen action. A copy of each designation ordinance shall be sent to the HPC, Planning and Zoning Commission and Building Inspector.
K.
The Designation Ordinance. Upon designation, the landmark or historic
district shall be classified as a "District H—Historic," and
the designating ordinance shall prescribe the significant features;
the types of construction, alteration, demolition, and removal, other
than those requiring a building or demolition permit, that should
be reviewed for appropriateness; the design guidelines for applying
the criteria for review of appropriateness; permitted uses; special
uses; height and area regulation; minimum dwelling size; floor area;
lot size; sign regulation; and parking regulations. The Official Zoning
Map of the City of Higginsville shall be amended to show the location
of the "District H-Historic" as an overlay zone.
L.
Interim Control. No building permit shall be issued by the Building
Inspector for alteration, construction, demolition, or removal of
a nominated landmark, or of any property or structure within a nominated
historic district, from the date of the meeting of the HPC, at which
a nomination form is first presented, until the final disposition
of the nomination by the Board of Aldermen, unless such alteration,
removal, or demolition is authorized by formal resolution of the Board
of Aldermen, as necessary for public health, welfare, or safety. In
no event shall the delay be for more than one hundred eighty (180)
days.
M.
Amendment And Rescission Of Designation. Designation may be amended
or rescinded upon petition to the HPC, and compliance with the same
procedure, and according to the same criteria set forth herein for
designation.
[Ord. No. 3030, 12-4-2023]
A.
A certificate of appropriateness shall be required before the following
actions affecting the significance of any landmark, or any structure
within an historic district, may be undertaken:
1.
Any construction, alteration, or removal requiring a building
permit from the City of Higginsville;
2.
Any demolition, in whole or in part, requiring a demolition
permit from the City of Higginsville;
3.
Any construction, alteration, demolition, or removal affecting
a significant exterior architectural feature or appearance, as specified
in the ordinance, designating the landmark or historic district;
4.
Any construction, alteration or removal, involving earth-disturbing
activities that might affect archaeological resources;
5.
Any actions to correct a violation of a minimum maintenance
standard.
B.
Applications for a certificate of appropriateness shall include accompanying
plans and specifications affecting the significance of a designated
landmark, or of a property within a designated historic district;
and applications for demolition permits shall include plans and specifications
for the contemplated use of the property. Applications for building
and demolition permits shall be forwarded by the Building Inspector
to the HPC within seven (7) days following receipt of the application.
A building or demolition permit shall not be issued until a certificate
of appropriateness has been issued by the HPC. Any applicant may request
a meeting with the HPC, before the application is reviewed by the
HPC, or during the review of the application. Application for review
of construction, alteration, demolition, or removal, not requiring
a building permit for which a certificate of appropriateness is required,
shall be made on a form prepared by the HPC and available at the office
of the City Clerk. The HPC shall consider the completed application
at its next regular meeting.
C.
Stop Work Order. Whenever the HPC has reason to believe that an action
for which a certificate of appropriateness is required has been initiated,
or is about to be initiated, or that a violation of the conditions
of a permit has occurred, it shall request that the Building Inspector
make every reasonable effort to contact the owners, occupants, contractor
or subcontractor and inform them of proper procedures. If the HPC
determines that a stop work order is necessary to halt an action,
it shall request the Building Inspector to send a copy of the stop
work order by certified mail, return receipt requested, to the owners,
occupants, contractors and subcontractors, and notify them of the
process of applying for a certificate of appropriateness. A copy of
the proper application form shall be included in the notice. If necessary,
a second or subsequent stop work order may be issued for the same
project.
[Ord. No. 3030, 12-4-2023]
A.
The HPC shall review the application for a building or demolition
permit, or for a certificate of appropriateness, and issue or deny
the permit with forty-five (45) days of receipt of the application.
Written notice of the approval or denial of the application for a
certificate of appropriateness shall be provided the applicant and
the Building Inspector within seven (7) days following the determination,
and shall be accompanied by a certificate of appropriateness, in the
case of an approval.
B.
A certificate of appropriateness shall become void unless construction
is commenced within six (6) months of date of issuance. Certificates
of appropriateness shall be issued for a period of eighteen (18) months
and are renewable. If the project is not completed according to the
guidelines provided in the certificate of appropriateness, the project
shall be deemed in violation of this Article.
C.
Denial Of A Certificate Of Appropriateness. A denial of a certificate
of appropriateness shall be accompanied by a statement of the reasons
for the denial. The HPC shall make recommendations to the applicant
concerning changes, if any, in the proposed action that would cause
the HPC to reconsider its denial, and shall confer with the applicant
and attempt to resolve, as quickly as possible, the differences between
the owner and the HPC. The applicant may resubmit an amended application,
or reapply for a building or demolition permit, that takes into consideration
the recommendation of the HPC.
[Ord. No. 3030, 12-4-2023]
A.
Public improvement and land acquisition projects by the City of Higginsville,
or any of its departments or agencies, shall be reviewed by the HPC
in the following manner:
1.
The HPC shall review and comment upon any public improvement
project proposed by the City of Higginsville, or any of its agencies
or departments within any historic district, on the site of or within
two hundred (200) feet of any landmarks, or within two hundred (200)
feet of any boundary of an historic district. The Department of Public
Works shall send a completed preliminary design for a public improvement
project to the HPC, simultaneously with its submission to the Board
of Aldermen, for approval. The HPC shall have at least thirty (30)
days to complete its review and report to the Board of Aldermen, except
when the Department of Public Works, if necessary to accelerate the
design review process, may specify a time less than thirty (30) days,
within which the HPC shall complete its review and report to the Board.
2.
The HPC shall review and comment upon any proposed acquisition
of a landmark or of land or buildings within an historic district,
by the City of Higginsville or any of its agencies or departments.
The Board of Aldermen or the Department of Public Works shall, at
the earliest possible date that will not interfere with acquisition
negotiations, send the HPC information concerning the location, size,
purchase price, current use, and proposed use of the land or building
to be acquired, and specify the date by which the HPC shall report
to the Board of Aldermen.
3.
The HPC shall review the public improvement or land acquisition
projects to determine its effect upon the historic, archaeological
or architectural character of the landmark or historic district, and
report to the Board of Aldermen, within any time specified by the
Board of Aldermen or Planning Department, but not to exceed forty-five
(45) days. The report by the HPC shall include any recommendations
for changes to the preliminary design or land acquisition that will
lessen or alleviate any adverse effect of the proposed project upon
the historic, archaeological or architectural character of the landmark
or historic district. The Board of Aldermen shall take no final action
on the preliminary design or land acquisition, until it has received
and reviewed the report of the HPC.
[Ord. No. 3030, 12-4-2023]
A.
In considering an application for a building or demolition permit,
or for a certificate of appropriateness, the HPC shall be guided in
principal by the Secretary of the Interior's Standards, as follows,
in addition to any design guidelines in the ordinance designating
the landmark or historic district. Applications, standards for review
and design guidelines shall be available in the office of the City
Clerk for distribution to the public.
1.
A property shall be used for its historic purpose, or be placed
in a new use that requires minimal change to the defining characteristics
of the building and its site and environment.
2.
The historic character of a property shall be retained and preserved.
The removal of historic materials or alteration of features and spaces
that characterize a property shall be avoided.
3.
Each property shall be recognized as a physical record of its
time, place, and use. Changes that create a false sense of historical
development, such as adding conjectural features or architectural
elements from other buildings, shall not be undertaken.
4.
Most properties change over time; those changes that have acquired
historic significance in their own right, shall be retained and preserved.
5.
Distinctive features, finishes, and construction techniques
or examples of craftsmanship that characterize a historic property
shall be preserved.
6.
Deteriorated historic features shall be repaired, rather than
replaced. Where the severity of deterioration requires replacement
of a distinctive feature, the new feature shall match the old in design,
color, texture, and other visual qualities and, where possible, materials.
Replacement of missing features shall be substantiated by documentary,
physical, or pictorial evidence.
7.
Chemical or physical treatments, such as sandblasting, that
cause damage to historic materials, shall not be used. The surface
cleaning of structures, if appropriate, shall be undertaken using
the gentlest means possible.
8.
Significant archaeological resources affected by a project shall
be protected and preserved. If such resources must be disturbed, mitigation
measures shall be undertaken.
9.
New additions, exterior alterations, or related new construction
shall not destroy historic materials that characterize the property.
The new work shall be differentiated from the old, and shall be compatible
with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment.
10.
New additions, and adjacent or related new construction, shall
be undertaken in such a manner that if removed in the future, the
essential form and integrity of the historic property, and its environment,
would be unimpaired.
[Ord. No. 3030, 12-4-2023]
A.
Design guidelines for applying the criteria for review of Certificates
of Appropriateness shall, at a minimum, consider the following architectural
criteria:
1.
Height. The height of any proposed alteration or construction
should be compatible with the style and character of the landmark,
and with surrounding structures in an 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 an historic district.
3.
Relationship Of Building Masses And Spaces. The set back and
relationship of a structure within an 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 an 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 an historic
district.
7.
Directional Expression. Facades in historic districts should
blend with other structures, with regard to directional expression.
Structures in an historic district should be compatible with the dominant
horizontal or vertical expression of surrounding structures. The directional
expression of a landmark, after alteration, construction, or partial
demolition, should be compatible with its original architectural style
and character.
8.
Architectural Details. Architectural details, including materials,
colors, and textures, should be treated so as to make a landmark compatible
with its original architectural style and character, and to preserve
and enhance the architectural style or character of a landmark or
historic district.
9.
Signage. The character of signs should be in keeping with the
historic architectural character of a landmark or historic district.
Character of a sign includes the number, size, area, scale, location,
type, (e.g., off-site advertising signs and on-site business signs),
letter size or style, and intensity and type of illumination.
10.
Minimum Maintenance. Significant features should be kept in
a condition of good repair and maintenance. All structural and mechanical
systems should be maintained in a condition and state of repair that
will prevent decay, deterioration or damage to significant features,
or otherwise adversely affect the historic or architectural character
of structures within an historic district.
[Ord. No. 3030, 12-4-2023]
A.
Application for a certificate of economic hardship shall be made
on a form prepared by the HPC, only after a certificate of appropriateness
has been denied. The HPC shall schedule a public hearing concerning
the application, and provide public notice and individual notice to
the applicant, owners of record, and owners adjacent to the property,
and any person may testify at the hearing concerning economic hardship.
All testimony, objections, thereto, and rulings at such Public Hearing,
shall be taken down by a reporter employed by the City for that purpose,
or, if electronic tape-recording equipment is available, by such electronic
means. The HPC may solicit expert testimony, or require that the applicant
for a certificate of economic hardship make submissions concerning
any or all of the following information, before it makes a determination
on the application.
1.
Estimate of the cost of the proposed construction, alteration,
demolition or removal, and an estimate of any additional cost that
would be incurred, to comply with the recommendations of the HPC for
changes necessary for the issuance of a certificate of appropriateness;
2.
A report from a licensed engineer or architect with experience
in rehabilitation, as to the structural soundness of any structures
on the property and their suitability for rehabilitation;
3.
Estimated market value of the property in its current condition;
after completion of the proposed construction, alteration, demolition
or removal; after any changes recommended by the HPC, and, in the
case of a proposed demolition, after renovation of the existing property
for continued use;
4.
In the case of a proposed demolition, an estimate from an architect,
developer, real estate consultant, appraiser, or other real estate
professional experienced in rehabilitation, as to the economic feasibility
of rehabilitation or reuse of the existing structure.
[Ord. No. 3030, 12-4-2023]
A.
Ordinary Maintenance Exclusion. Nothing in the Section shall be construed
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. All buildings and structures designated
by City ordinance as "H" shall be preserved against decay and deterioration,
and free from certain structural defects, in the following manner,
by the owner, thereof, or such other person or persons who may have
the legal custody and control, thereof, shall repair such building,
if it is found to have any of the following defects:
1.
The deterioration of exterior walls or other vertical supports;
2.
The deterioration of roofs or other horizontal members;
3.
The deterioration of external chimneys;
4.
The deterioration or crumbling of plasters or mortar;
5.
The deterioration, or ineffective waterproofing, of exterior
walls, roofs, and foundations, including broken windows or doors;
6.
The peeling of paint, rotting, holes, and other forms of decay;
7.
The lack of maintenance of surrounding environment, e.g., fences,
gates, sidewalks, steps, signs, accessory structures, and landscaping;
8.
The deterioration of any feature, so as to create or permit
the creation of any hazardous or unsafe condition or conditions.
|
If minimum maintenance is not being maintained, the owner of
the property or other person having legal custody thereof, shall be
notified by the Building Inspector. The notice shall be by certified
mail and shall specify each item in the property or landmark that
fails to meet minimum maintenance requirements. The owner, or other
person having legal custody of the property, shall have thirty (30)
days from the receipt of notice to comply with the minimum maintenance
requirements. The HPC, for good cause shown, may extend the thirty
(30) day period. If after the original thirty (30) day period, or
any extension granted by the Building Inspector, the owner or person
having legal custody of the property should fail to meet the minimum
maintenance requirements, the owner or person having legal custody
of the property shall be in violation of this Section and punished
in accordance with this Code.
|
[Ord. No. 3030, 12-4-2023]
Applications for zoning amendments, special use permits, or
variances for a landmark or structures within an historic district,
shall be referred to the HPC by the Planning Department, at least
fifteen (15) days prior to the date of the public hearing, set by
the Planning and Zoning Commission or the Board of Adjustment. The
HPC may review these applications using any format which it deems
appropriate; provided, however, that the applicant shall be notified
of the time and place of such review, and shall be given the opportunity
to appear and be heard. Within fifteen (15) days after receipt of
said application, the HPC shall forward its comments to the Planning
Department for presentation to the Planning and Zoning Commission
for their consideration in reviewing the application.
[Ord. No. 3030, 12-4-2023]
If the HPC denies an application for a certificate of appropriateness,
the HPC shall work with the applicant to arrive at a mutually satisfactory
alternative to the proposed activities. If agreement cannot be reached
within six (6) months, the applicant may file with the City Clerk
a written appeal to the Board of Adjustment. In acting upon the appeal,
the Board may grant a variance from the strict interpretation of this
Article, when such will not materially affect the health or safety
of the applicant and general public.
[Ord. No. 3030, 12-4-2023]
None of the provisions of this Article shall be construed to
prevent any measures of construction, alteration, or demolition necessary
to correct or abate the unsafe or dangerous condition of any structure,
other feature or part thereof, where such condition has been declared
unsafe or dangerous by the Building Inspector, and where the proposed
measures have been declared necessary, by such department or departments,
to correct the said condition; provided, however, that only such work
as is reasonably necessary to correct the unsafe or dangerous condition
may be performed pursuant to this Section. In the event any structure
or other feature shall be damaged by fire or other calamity, or by
Act of God or by the public enemy, to such an extent, that in the
opinion of the aforesaid department or departments, it cannot reasonably
be repaired and restored, it may be removed in conformity with normal
permit procedures and applicable laws.
[Ord. No. 3030, 12-4-2023]
A.
The Board shall establish an appropriate system of processing fees
for the review of nominations and certificates of appropriateness.
B.
It shall be unlawful for any person to undertake, or cause an alteration,
construction, demolition or removal of any nominated or designated
landmark or structure, within a nominated or designated historic district,
without a certificate of appropriateness.
C.
It shall be unlawful to not maintain designated landmarks or structures
within designated historic districts, within the minimum maintenance
requirements of this Article.
