[R.O. 1992 § 400.355; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Declaration. The City Council finds and
declares as a matter of public policy that it is the intent of this
Chapter to:
1.
Preserve, protect, enhance and perpetuate
those structures, buildings and improvements which reflect significant
elements of the City of Washington's cultural, artistic, engineering,
historic or other heritage;
2.
Foster civic pride in the beauty
and accomplishments of the past;
3.
Promote the use and perpetuation
of significant structures within the historic preservation design
area for the education, stimulation and welfare of the people of the
City;
4.
Develop and maintain appropriate
settings and environments for structures within the historic preservation
design area;
5.
Preserve and encourage harmonious
architectural styles, reflecting the City's distinct phases of its
history;
6.
Foster knowledge of the living heritage
of the past;
7.
Promote and protect the public health,
safety and general welfare of the citizens of the City, including
orderly development and coordination of municipal growth and services;
8.
Minimize visual blight and avoid
inappropriate and poor quality of design; and
9.
Promote and encourage continued private
ownership and use of buildings and other structures to further the
objectives of this Chapter.
B.
Map. The area of the City applicable to
these provisions of the Article were enacted by Ordinance No. 06-10020,
enacted May 1, 2006, which adopted a Historic Preservation Design
Area Map that is on file in the City offices.
[R.O. 1992 § 400.360; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
As used in this Chapter, the following
terms shall have these prescribed meanings:
Any act or process that changes one (1) or more of the exterior
architectural features of a structure, including, but not limited
to, the erection, construction, reconstruction or removal of any structure.
A specific geographic division of the City of Washington.
The Board established pursuant to Article XIII of this Chapter.
A certificate issued by the WHPC indicating its review of
plans for alteration, construction, removal or demolition of a landmark
or of a structure within a historic preservation design area.
Members of the Washington Historic Preservation Commission
(WHPC).
The act of adding to an existing structure or the erection
of a new principal or accessory structure on a lot or property.
The City Council of the City of Washington.
Any act or process which destroys, in part or in whole, a
landmark or a structure within a historic preservation design area
or which threatens to destroy a landmark or a structure within a historic
preservation design area by failure to maintain it in a condition
of good repair and maintenance.
A standard of appropriate activity that will preserve the
historic and architectural character of a structure or area.
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 by ordinance of the City Council and which
may contain within definable geographic boundaries one (1) or more
landmarks and which may have within its boundaries other properties
or structures which, while not of such historic and/or architectural
significance to be designated as landmarks, nevertheless contribute
to the overall visual characteristics of the landmark or landmarks
located within the historic preservation design area. The historic
preservation design area is defined by the Historic Preservation Design
Area Map.
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 and preservation because
of its historic and/or architectural significance to the City of Washington.
The minimum regulations governing the conditions and maintenance
of all existing structures, as set out in the 2003 Property Maintenance
Code for the City of Washington, as such existing structures code
shall be amended from time to time by the City of Washington.
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 Washington or any of its departments
or agencies involving major modification or replacement of streets,
sidewalks, curbs, streetlights, street or sidewalk furniture, landscaping
or other portions of the public infrastructure servicing commercial,
residential or industrial development.
Any relocation of a structure on its site or to another site.
Any change that is not construction, removal or alteration.
An order of the WHPC directing an owner, occupant, contractor
or subcontractor to halt an action for which a certification of review
is required and notifying the owner, occupant, contractor or subcontractor
of the application process for a certification of review.
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 Washington Historic Preservation Commission.
[R.O. 1992 § 400.365; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Composition Of Commission. The Washington
Historic Preservation Commission shall consist of seven (7) members,
all of whom shall be residents of the City of Washington, all of whom
shall be appointed by the Mayor and approved by the City Council.
The Mayor shall make every reasonable effort to appoint persons with
a demonstrated interest in the historical preservation of the City
of Washington. To the extent available in the community, the Washington
Historic Preservation Commission shall include professional members
representing such disciplines as architecture, law, real estate brokerage,
history or any other fields related to historic preservation.
B.
Terms. The term of office of the members
of the WHPC shall be for five (5) years, excepting that the membership
of the first WHPC appointed shall serve respectively for terms of
one (1) for one (1) year; one (1) for two (2) years; one (1) for three
(3) years; two (2) for four (4) years; and two (2) for five (5) years.
Vacancies shall be filled for the unexpired term only.
C.
Compensation. The citizen members shall
serve without compensation.
D.
Officers. Officers shall consist of a Chairman
and a Vice Chairman elected by the WHPC, who shall serve a term of
one (1) year and shall be eligible for reelection. 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 officers shall assure
that the following duties of the WHPC are performed:
1.
Preparation of minutes of each WHPC
meeting.
2.
Publication and distribution of copies
of the minutes, reports and recommendations of the WHPC to the members
of the WHPC.
3.
Provision of notice as required herein
or by law for all public hearings conducted by the WHPC.
4.
Notification to the Mayor of vacancies
on the WHPC and expiring terms of members.
5.
Preparation and submission to the
City Council of a complete record of the proceedings before the WHPC
on any matter requiring City Council consideration.
E.
Meetings. A quorum of the WHPC shall consist
of at least four (4) members. All decisions or actions of the WHPC
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 WHPC at the
beginning of each calendar year or at any time upon the call of the
Chairman. No member of the WHPC shall vote on any matter which may
materially or apparently affect the property, income or business interest
of that member. No action shall be taken by the Commission which could
in any manner deprive or restrict the owner of a property in its use,
modification, maintenance, disposition or demolition until such owner
shall first have had the opportunity to be heard at public meeting
of the WHPC as provided herein. The Chairman, and in his/her absence
the Acting Chairman, may administer oaths and compel the attendance
of witnesses. All meetings of the WHPC shall be open to the public.
The WHPC shall keep minutes of its proceedings, showing the vote,
indicating such fact and shall be immediately filed in the office
of the WHPC and shall be a public record.
F.
Funding. The City Council shall annually
appropriate funds, within budget limitations, for the operation of
the WHPC. The WHPC 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 Article.
G.
Powers And Duties. The WHPC shall have
the following powers and duties:
1.
To adopt its own 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 to identify
historically and architecturally significant properties, structures
and areas that exemplify the cultural, social, economic, political
or architectural history of the Nation, State or City.
3.
To investigate and recommend to the
City Planning and Zoning Commission and to the City Council the adoption
of ordinances designating properties or structures having special
historic, community or architectural value as "landmarks."
4.
To investigate and recommend to the
City Planning and Zoning Commission and to the City Council the adoption
of ordinances designating areas as having special historic, community
or architectural value as "historic districts."
5.
To keep a register of all properties
and structures which have been designated as landmarks or historic
districts, including all information required for each designation.
6.
To confer recognition upon the owners
of landmarks 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 National Register of Historic Places and to review
and comment on any National Register nominations submitted to the
WHPC upon request of the Mayor or Council.
9.
To inform and educate the citizens
of Washington concerning the historic and architectural heritage of
the City by publishing appropriate maps, newsletters, brochures and
pamphlets and by holding programs and seminars.
10.
To hold all meetings or public hearings
specified in this Chapter, to review applications for construction,
alteration, removal or demolition affecting proposed or designated
landmarks or structures within historic districts and to issue certificates
of review for such actions.
11.
To issue stop-work orders for any
construction, alteration, removal or demolition undertaken without
a certificate of review.
12.
To develop specific design guidelines
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 and historic districts.
The Zoning Administrator shall send applications for special use or
zoning variations to the WHPC for comment at least fifteen (15) days
prior to the date of the hearing by the City Planning and Zoning Commission
or Board of Adjustment.
14.
To administer, on behalf of the City
of Washington, any property or full or partial interest in real property,
including easements, which the City of Washington may accept as a
gift or otherwise acquire, upon authorization and approval by the
City Council.
15.
To make recommendations to the City
Council concerning the application for and utilization of any Federal,
State or private grant, grant-in-aid, gift or bequest furthering the
general purposes of this Chapter.
16.
To make recommendations to the City
Council concerning budgetary appropriations to further the general
purposes of this Chapter.
17.
To call upon available City staff
members as well as other experts for technical advice.
18.
To retain such specialists or consultants
or to appoint such citizen advisory committees as may be required
from time to time.
19.
To testify before all boards and
commissions, including the City Planning and Zoning Commission and
the Board of Adjustment, on any matter affecting historically and
architecturally significant property, structures and areas.
20.
To develop a preservation component
in the Master Plan of the City of Washington and to recommend it to
the City Planning and Zoning Commission and to the City Council.
21.
To periodically review the Washington
Zoning Ordinance and to recommend to the City Planning and Zoning
Commission and the City Council any amendments appropriate for the
protection and continued use of landmarks or property and structures
within historic districts.
22.
To undertake any other action or
activity necessary or appropriate to the implementation of the purpose
of this Chapter.
[R.O. 1992 § 400.370; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Identification. The WHPC shall undertake
an ongoing survey and research effort in the City of Washington to
identify neighborhoods, areas, sites, structures and objects which
have historic, community, architectural or aesthetic importance, interest
or value. As part of the survey, the WHPC shall review and evaluate
any prior surveys and studies by any unit of government or private
organization and compile appropriate descriptions, facts and photographs.
Before the WHPC shall, on its own initiative, nominate any landmark
for designation, it shall develop a plan and schedule for completing
a survey of the City of Washington to identify potential landmarks.
The WHPC shall then systematically identify potential landmarks and
adopt procedures to nominate them in groups based upon the following
criteria:
1.
The potential landmarks in one (1)
identifiable neighborhood or distinct geographical area of the City
of Washington.
2.
The potential landmarks associated
with a particular person, event or historical period.
3.
The potential landmarks of a particular
architectural style or school or of a particular architect, engineer,
builder, designer or craftsman.
4.
Such other criteria as may be adopted
by the WHPC to assure systematic survey and nomination of all potential
landmarks within the City of Washington.
[R.O. 1992 § 400.375; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
General. Nominations shall be made to the
WHPC on a form prepared by it and may be submitted by a member of
the WHPC, the owner of record of the nominated property or structures
or the City Council.
B.
Criteria For Designation Of Nomination.
The WHPC shall, upon such investigation as it deems necessary, make
a determination as to whether a nominated property, structure or area
meets one (1) or more of the following criteria:
1.
Its character, interest or value
as part of the development, heritage or cultural characteristics of
the community, County, State or Country.
2.
Its location as a site of a significant
local, County, State or National event.
3.
Its identification with a person
or persons who significantly contributed to the development of the
community, County, State or Country.
4.
Its embodiment of distinguishing
characteristics of an architectural style valuable for the study of
a period, type, method of construction or use of indigenous materials.
5.
Its identification as the work of
a master builder, designer, architect or landscape architect whose
individual work has influenced the development of the community, County,
State or Country.
6.
Its embodiment of elements of design,
detailing, materials or craftsmanship which render it architecturally
significant.
7.
Its embodiment of design elements
that make it structurally or architecturally innovative.
8.
Its unique location or singular physical
characteristics that make it an established or familiar visual feature
of the neighborhood, community or City, or the fact that it has yielded
or may be likely to yield information important in history.
9.
Its character as a particularly fine
or unique example of a utilitarian structure, including, but not limited
to, farmhouses, gas stations or other commercial structures with a
high level of integrity or architectural significance.
10.
Its suitability for preservation
or restoration.
[R.O. 1992 § 400.380; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Time Frame For Action. The WHPC shall, within forty-five (45) days from receipt of a completed nomination in proper form, adopt by resolution a recommendation stating whether or not the nominated landmark or historic district meets the criteria for designation in Section 400.375. The resolution shall be accompanied by a report to the City Planning and Zoning Commission containing the following information:
1.
Explanation of the significance or
lack of significance of the nominated landmark or historic district
as it relates to the criteria for designation.
2.
Explanation of the integrity or lack
of integrity of the nominated landmark or historic district.
3.
In the case of a nominated landmark
found to meet the criteria for designation:
4.
In the case of a nominated historic
district found to meet the criteria for designation:
5.
Proposed design guidelines, including
minimum maintenance requirements, for applying the criteria for review
of certificates of review to the nominated landmark or historic district.
6.
The relationship of the nominated
landmark or historic district to the ongoing effort of the WHPC to
identify and nominate all potential areas and structures that meet
the criteria for designation.
7.
Any initial recommendation as to
appropriate permitted uses, special uses, height and area regulations,
minimum dwelling size, floor area, sign regulations and parking regulations
necessary or appropriate to the preservation of the nominated landmark
or historic district.
8.
A map showing the location of the
nominated landmark and the boundaries of the nominated historic district.
B.
The recommendation and report of the WHPC
shall be sent to the City Planning and Zoning Commission within seven
(7) days following the vote on the resolution and shall be available
to the public at the offices of the Zoning Administrator.
[R.O. 1992 § 400.385; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
The City Planning and Zoning Commission
shall schedule and hold a meeting on the nomination following receipt
of a report and recommendation from the WHPC as to whether or not
a nominated historic district meets the criteria for designation.
The meeting shall be scheduled, held and conducted in the same manner
as other meetings to consider applications for Zoning Map amendments
or ordinance amendments. 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.
[R.O. 1992 § 400.390; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
Within sixty (60) days following the close of the meeting of the City Planning and Zoning Commission, the City Planning and Zoning Commission shall make a determination upon the evidence as to whether or not the nominated landmark or historic district meets the criteria for designation. Such a determination shall be made upon a motion and vote of the City Planning and Zoning Commission and shall be accompanied by a report to the City Council stating the findings of the City Planning and Zoning Commission concerning the relationship between the criteria for designation described in Section 400.375 and the nominated landmark or historic district and all other information required by Section 400.380.
[R.O. 1992 § 400.395; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
Notice of the determination of the
City Planning and Zoning Commission, including a copy of the report,
shall be sent by regular mail to the owner(s) of record of a nominated
landmark and owners of all property within a nominated historic district
and to the nominator within seven (7) days following a determination
of the City Planning and Zoning Commission as to whether or not the
nominated landmark or historic district meets the criteria for designation.
A copy of the resolution and report accompanied by a recommendation
as to whether or not the nominated landmark or historic district shall
be designated shall be sent to the City Council.
[R.O. 1992 § 400.400; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Period For Action. The City Council shall, within sixty (60) days after receiving the report and recommendation from the City Planning and Zoning Commission, either reject the proposed designation or designate the landmark or historic district by an ordinance. The City Council shall hold a public hearing before enacting the ordinance and provide notice and take testimony in the same manner as provided in Section 400.385. Any ordinance shall be accompanied by a written statement explaining the reasons for the action of the City Council.
B.
Written Notice. After the public hearing,
the City Clerk shall provide written notification of the action of
the City Council by regular mail to the nominator 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 City Council and shall be sent
within seven (7) days of the City Council action. A copy of each designation
ordinance shall be sent to the WHPC, the City Planning and Zoning
Commission and the Zoning Administrator.
[R.O. 1992 § 400.405; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A determination by the City Council
as to whether or not to designate a property as a landmark or historic
district shall be a final administrative decision, as that term is
defined in Chapter 536, RSMo.
[R.O. 1992 § 400.410; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
Upon designation, the landmark or
historic preservation design area shall receive the supplemental classification
"H" for historic preservation design area, and the designating ordinance
shall prescribe the significant exterior architectural features; the
types of construction, alteration, demolition and removal, other than
those requiring a building or demolition permit, that should be reviewed
for review; the design guidelines, including minimum maintenance standards,
for applying the criteria for review of review; permitted uses; special
uses; height and area regulations; minimum dwelling size; floor area;
sign regulations; and parking regulations. The Official Zoning Map
of the City of Washington shall be amended to show the boundaries
of the supplemental zoning designation. Any designation of an area
as a "historic district" shall be regarded as a supplemental zoning
designation and shall not affect in any way the underlying zoning
designation as provided in other Articles of this Chapter.
[R.O. 1992 § 400.415; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A designation may be amended or rescinded
upon petition to the WHPC and compliance with the same procedure and
according to the same criteria set forth herein for designation.
[R.O. 1992 § 400.420; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Mandatory Design Review. This Chapter shall
establish a mandatory design review for all developments located within
the historic preservation design area as depicted on the Historic
Preservation Design Review Map.
B.
Map Effect. The Historic Preservation Design
Review Map and all the notations, references and other information
shown thereon are a part of this Chapter and shall have the same force
and effect as if such map and all the notations, references and other
information shown thereon were all fully set forth or described herein,
which Historic Preservation Design Review Map is properly attested
and is on file with the City Clerk.
[R.O. 1992 § 400.425; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Municipal Improvements. City officials
charged with design responsibility for any municipal improvement,
structure or sign within the historic district shall hold preliminary
discussions on the proposed project with the WHPC to obtain its preliminary
recommendations with respect to environmental, historic, architectural,
aesthetic and design considerations of the project. The WHPC shall
review municipal improvements at the completion of the design development
phase and construction document phase or at any other time it deems
necessary to further the purposes of this Chapter. Any significant
deviations from a plan approved by the WHPC shall be resubmitted to
the WHPC for its further review and recommendation. The WHPC's recommendations
on municipal improvements shall not be binding upon the City but shall
be considered in the decisions of City officials and the City Council.
B.
Requirement. No person shall begin or substantially
change any development subject to review under this Chapter without
first obtaining design review by the WHPC and obtaining a certificate
of review or, in the case of demolition, a waiver as a result of review.
C.
Permits. No City permit or approval shall
be issued for any development for projects requiring WHPC review without
first obtaining design review by the WHPC and obtaining a certificate
of review or, in the case of demolition, a waiver as a result of review.
D.
Demolition. No demolition of any building
or structure subject to review under this Chapter shall begin without
first obtaining design review by the WHPC of the proposed replacement
development and obtaining a certificate of review. In the event the
applicant has not determined a replacement development, the WHPC may,
after reviewing the effects of the demolition, issue a waver of design
review prior to demolition if it finds that the proposed demolition
prior to design review would not be detrimental to the purposes of
this Chapter. In the event of a finding by the City of an unsafe condition,
an abatement order may be issued by the City without compliance with
this Subsection, provided that all reasonable efforts have first been
made to preserve and correct unsafe conditions rather than damage
or demolish valuable buildings, structures or objects.
[R.O. 1992 § 400.430; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
No Certificate Required. The following
activities do not require a certificate of review or review by the
WHPC:
[R.O. 1992 § 400.435; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Certificate Required. The following activities
require a certificate of review or review by the WHPC:
1.
Exterior facade improvements on all
structures located within the historic preservation design review
area, including, but not limited to, painting, window replacement,
roof replacement, awning replacement, construction of new doors or
windows, and any other facade improvement that requires a building
permit.
[Ord. No. 18-11899, 9-4-2018]
2.
All new construction to include primary
and accessory structures within the National Register Historic Districts
on the Historic Preservation Design Review Map and in the historic
preservation design review area.
[R.O. 1992 § 400.440; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
The recommendations of the WHPC set
forth in a certificate of review shall be advisory only and shall
not be binding on the applicant or any other person; provided, however,
that the applicant may, at his/her option, agree to certain binding
conditions contained therein in the course of approval of a variance,
special use permit or other City approval related to the development.
[R.O. 1992 § 400.445; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
Prior to submitting an application for design review and/or a building permit, any person proposing a development which is subject to review under this Chapter may submit the plans required in Section 400.450 in preliminary or sketch form so that the comments and advice of the WHPC may be incorporated into the plans submitted for application. Such preapplication consultations are encouraged to assist project proponents to achieve the best possible development and to facilitate timely review of the proposal whenever an application is made on the project.
[R.O. 1992 § 400.450; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Applications For Design Review. Applications
for design review shall be submitted to the WHPC at the Planning and
Engineering Services Department and shall consist of a completed application
on a form prescribed by the WHPC, accompanied by a site plan showing
the location of the building or buildings, parking, exterior lighting,
signs and landscaping; exterior elevations of the front and side with
a description of the type and finished color or exterior siding, windows
and roofing to be used; detailed drawings of architectural features,
signs and trim; and historic and "as is" photographs of the subject
building or site and adjacent structures. All diagrams shall be drawn
to scale. The WHPC may request additional information necessary for
their review and recommendation.
[R.O. 1992 § 400.460; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Notification. Upon receipt of a completed
application for review, the Zoning Administrator shall notify the
WHPC and forward the application to its members.
B.
Public Meeting. The WHPC shall set a public meeting time and place as soon as possible to review the application according to the design review standards established pursuant to Section 400.465. The WHPC shall request the applicant and may request any design professionals assisting the applicant to attend the meeting. If the applicant or the applicant's representative fails to attend the meeting, an alternate meeting shall be scheduled by the WHPC within thirty (30) days of the initial meeting, provided that, in such event, the thirty-day review period prescribed in Subsection (E) of this Section shall not commence from the date of the application but shall instead commence on the date to which the meeting on the subject application is continued. Failure of the applicant or the applicant's representative to attend either the initial or continued meeting set for review of the application shall constitute a failure of the application requirements, and no permits shall be granted by the City on the project unless and until the applicant has reapplied for review and obtained a certificate of review pursuant to this Chapter.
C.
Review. The WHPC may, in the execution
of its review, assign any portion of the review of any application
to any member or committee of the WHPC, provided that final action
to issue a certificate of review shall be made by a majority vote
of the members present.
D.
Process. Upon receipt of an application
for a permit for development subject to review under this Chapter,
the Zoning Administrator shall:
1.
Inform the applicant of the review
requirements;
2.
Report receipt of the application
to the WHPC;
3.
Assist the WHPC in considering building,
zoning, sign and fire code requirements which may apply to the proposed
development; and
4.
Shall not issue any such permit until
a certificate of review has been obtained.
E.
Period Of Review. Unless an extension is
authorized by the applicant, the WHPC shall complete its review within
thirty (30) days of receipt of a complete application. In the event
the WHPC fails to issue a certificate of review within such period,
a certificate of review shall be deemed to have been issued without
recommendation as if the WHPC had so acted.
[R.O. 1992 § 400.465; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Architectural Criteria. Design guidelines
for review of applications for certificates of review shall, at a
minimum, include 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 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 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 landmarks and 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 alterations, 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 character of
significant architectural style and to preserve and enhance the landmark
or historic district.
9.
Signage. The character of signs should
be in keeping with the historic or 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
exterior architectural 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 architectural features
or otherwise not adversely affect the historic or architectural character
of structures within a historic district.
B.
Standards For Review. In its review of
proposals which are subject to this Chapter, the WHPC shall be guided
by the Secretary of the Interior's Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings (revised 1983), including,
but not necessarily limited to, the following standards for rehabilitation
set forth therein:
1.
Every reasonable effort shall be
made to provide a compatible use for a property which requires minimal
alteration of the building, structure or site and its environment
or to use a property for its originally intended use.
2.
The distinguishing original qualities
or character of a building, structure or site and its environment
shall not be destroyed. The removal or alteration of any historic
material or distinctive architectural features should be avoided when
possible.
3.
All buildings, structures and sites
shall be recognized as products of their own time. Alterations that
have no historic basis and which seek to create an earlier appearance
shall be discouraged.
4.
Changes which may have taken place
in the course of time are evidence of the history and development
of a building. These changes may have acquired significance in their
own right, and this significance shall be recognized and respected.
5.
Distinctive stylistic features or
examples of skilled craftsmanship which characterize a building, structure
or site shall be treated with sensitivity.
6.
Distinctive architectural features
shall be repaired rather than replaced, wherever possible. In the
event replacement is necessary, the new material should match the
material being replaced in composition, design, color, texture and
other visual qualities. Repair or replacement of missing architectural
features should be based on accurate duplications of features, substantiated
by historic, physical or pictorial evidence rather than on conjectural
designs or the availability of different architectural elements from
other buildings or structures.
7.
The surface cleaning of structures
shall be undertaken with the gentlest means possible. Sandblasting
and other cleaning methods that will damage the historic building
materials shall not be undertaken.
8.
Every reasonable effort shall be
made to protect and preserve archaeological resources affected by
or adjacent to any project.
9.
Contemporary design for alterations
and additions to existing properties shall not be discouraged when
such alterations and additions do not destroy significant historical,
architectural or cultural material and such design is compatible with
the size, scale, color, material and character of the property, neighborhood
or environment.
10.
Wherever possible, new additions
or alterations to structures shall be done in such a manner that if
such additions or alterations were to be removed in the future, the
essential form and integrity of the structure would be unimpaired.
C.
Added Or Modified Standards And Guidelines.
In addition, the WHPC may also from time to time adopt by rule additional
or modified standards and guidelines as authorized by the City Council
as provided in this Chapter.
[R.O. 1992 § 400.470; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
Whenever the WHPC has completed its
review, it shall issue a certificate of review on form prescribed
by the WHPC. The certificate of review shall include, but not necessarily
be limited to, the following information: the name of the applicant,
the date the certificate is issued, the location of the proposed development,
a brief narrative description of the development, specific reference
to any and all plans submitted by the applicant, whether or not the
WHPC finds the proposed development to be contributing to the historic
district, and any and all specific design recommendations made by
the WHPC on the application.
[R.O. 1992 § 400.475; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Limitations On Certificate. Issuance of
a certificate of review by the WHPC does not constitute or imply approval
of any other permit or approval which may be required for the development.
B.
Authority Of Other Bodies. No provision
of this Chapter shall be interpreted as limiting the authority of
the hearings body or decisionmaking body to impose conditions as authorized
elsewhere in this Title.
C.
Applicability Of Other Provisions Of This
Chapter. Properties subject to review pursuant to this Article shall
be subject to the provisions set forth in this Chapter, as well as
the bulk use, setback and other provisions of the zoning district
in which they are located. Nothing contained in this Chapter shall
be construed to repeal, modify or waive any applicable provisions
of State or local laws, rules, regulations or ordinances.
D.
Limitations On Powers Of WHPC. Neither
the WHPC nor its members are delegated any executive or legislative
power, authority or responsibility.
