City of Wildwood, MO Historic Preservation and Restoration Code

[R.O. 1997 § 440.010; Ord. No. 547 § 1, 8-9-1999; Ord. No. 2048 § 1, 10-24-2014]

Purpose. The purpose of this Chapter is to promote historic preservation activities in the City of Wildwood, and foster civic pride about them, which includes the preservation, restoration, protection, and adaptive reuse of those defined historic elements (structures, buildings, sites, building remnants, objects, artifacts, roads, trails, districts, and areas). Specifically, this Chapter is intended to:

Suggest incentives to assist the owners of historic elements in their preservation and restoration;

Establish partnerships for the preservation and restoration efforts of historic elements, buildings and areas between their owners, the City, and other interested parties, e.g., organizations or governmental agencies with expertise and interest in this field;

Develop and provide educational, informational, and technical support to owners of historic elements through City resources. Annual or semiannual seminars shall be held in the community on historic preservation for all interested parties;

Promote educational outreach programs to all interested parties in the City of Wildwood, including the Historic Preservation Commission;

Create a defined list of goals and objectives for dissemination to all interested parties regarding historic preservation, restoration, and reuse activities in the City, including, but not limited to, the provision of the Certified Local Government (CLG) Program's Annual Report to the City Council of the City of Wildwood;

Discourage the demolition of historic elements;

Encourage the identification, investigation, and preservation of archaeological and historically significant elements;

Define the City's preservation and restoration efforts to include historic structures, buildings and sites/areas (historic elements);

Limit preservation and restoration efforts of the City to exterior characteristics of the structures or buildings under consideration for nomination and designation;

10.

Identify historic elements, specifically buildings and areas that exceed seventy-five (75) years of age or have other historical significance;

11.

Create a citizen commission to administer this Chapter, which should be a cross section of interested parties within the community; and

12.

Integrate the ultimate Chapter governing the activities of this commission into the review and approval processes of the City, e.g., the Planning and Zoning Commission, the Architectural Review Board, the Board of Adjustment, and the City Council.

Definitions. For the purposes of this Chapter, the following words and phrases shall be defined as follows:

ALTERATION

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.

CERTIFICATE OF APPROPRIATENESS

A certificate issued by the Historic Preservation Commission indicating its approval of plans for alteration, construction, removal or demolition of a historic property or of a structure within a historic district.

CULTURAL RESOURCES

Districts, 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.

DESIGN GUIDELINE

A standard of appropriate activity that will preserve the historic, architectural, scenic or aesthetic character of a historic property or historic district.

DIRECTOR

The Director of Planning for the City of Wildwood.

EXTERIOR ARCHITECTURAL APPEARANCE

The architectural character and general composition of the exterior of a structure, including, but not limited to, the kind, color and texture of the building material and the type, design and character of all windows, doors, light fixtures, signs and appurtenant historic properties.

HISTORIC DISTRICT

Any group of properties, roadway corridor, conservation area, or other area identified by the Commission in its survey as having historic, architectural or archaeological significance beyond any single or isolated parcel of ground.

HISTORIC ELEMENT

A general, encompassing term referring to properties, sites, areas, structures, buildings, remnants, objects, artifacts, roads, trails, districts and/or similar items, which individually or collectively would be considered historic in nature.

HISTORIC PRESERVATION COMMISSION

The Commission established by the City of Wildwood by this Chapter.

HISTORIC PROPERTY

A structure, building or property, or portion thereof, having historic, architectural or archaeological significance and being capable of being identified for placement on the City's list of registered historic properties. Historic properties may be registered or non-registered.

HISTORIC SIGNIFICANCE

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.

LANDMARK

A historic property, area, site, structure, building, remnant(s), road, or trail that is uniquely identifiable as belonging to, contributing to, or existing within the City and deserving of the greatest degree of attention, monitoring, preservation, or renovation. A landmark is a special subset of the larger list of historic elements within the City's boundaries and considered vital to preserve and protect and generally felt to be tragic if lost or substantially deteriorated unnecessarily.

MINIMUM MAINTENANCE

The minimum regulations governing the conditions and maintenance of all existing elements, specifically structures and buildings, as set out in the BOCA Basic National Existing Structures Code, as published by the BOCA Building Officials Code Administrators International, Inc., and adopted by reference with certain amendments thereto by the City Council of the City of Wildwood, Missouri, as such existing structures code shall be amended from time to time by the City of Wildwood.

Of specific relevance are Chapter 500, Building Codes, Article VI, Property Maintenance Code, of the City of Wildwood Municipal Codes, and Section 440.080, Design Guidelines, Subsection (A)(10), of this Code. Furthermore, the following illustrative examples and provisions apply:

MINIMUM MAINTENANCE REQUIREMENTAll buildings, structures, districts, and elements designated as historic shall be preserved against decay and deterioration and certain structural defects, by the owner thereof or such other person or persons who may have the legal custody and control thereof, and who shall repair such element if it is found to have any significant defects, including but not limited to the following:

(1)

Deterioration of exterior walls, foundations, or other vertical supports;

(2)

Deterioration of roofs, overhangs, or other horizontal members;

(3)

Deterioration of external chimneys;

(4)

Deterioration or crumbling of exterior plaster, concrete, or mortar;

(5)

Deterioration or ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors, missing or loose siding;

(6)

Significant peeling of paint, rotting, holes, and other forms of decay;

(7)

Basement hatchways, cellar doors, grade level windows, and similar openings not maintained to prevent entrance into the building of rodents and varmints, rainwater or surface drainage;

(8)

Gutters and downspouts or other means of water diversion provided to collect/conduct/discharge water from the roofs not free of obstruction, disconnected or not anchored securely;

(9)

Lack of maintenance of surrounding environment, e.g., fences, gates, sidewalks, steps, signs, accessory structures, and landscaping;

(10)

Significant deterioration evidenced by crumpling, slumping, sliding, washout, vegetation overgrowth and similar decay of historic roadways, trails, paths, and similar standalone elements or contributing components of historic properties or districts; and

(11)

Deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition or conditions.

All structural components shall be maintained in a condition and state of repair that will help prevent onset or worsening of decay, deterioration or damage to significant architectural features or otherwise adversely affect the historic or architectural character of individual historic structures or elements or structures within a historic district.

Although it is the desire and goal of the City that historic elements be well maintained and restored and that demolition of historic elements by neglect be proactively addressed by the City, no owner of property, or other person having custody thereof, shall be required to restore or improve said historic element beyond the condition which existed at the time the property or element was designated as a historic element, landmark, or district.

ORDINARY MAINTENANCE

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.

REGISTERED HISTORIC PROPERTY

Any structure, building, or property or portion thereof, with historical significance designated as a registered historic property by the City Council, pursuant to procedures prescribed herein, which is worthy of rehabilitation, restoration, interpretation or preservation because of its historic, architectural or archaeological significance to the City of Wildwood.

STRUCTURE

Anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, including, but without limiting the generality of the foregoing, buildings, fences, gazebos, advertising signs, billboards, backstops for tennis courts, radio and television antennae and towers, and swimming pools.

SURVEY

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 historic properties, elements or districts as worthy of preservation and potential inclusion on the City's Historic Register.

WILDWOOD HISTORIC REGISTER

The official listing of historic properties that have been designated by ordinance pursuant to this Chapter.

Section 440.020 Historic Preservation Commission.

[R.O. 1997 § 440.020; Ord. No. 547 § 1, 8-9-1999; Ord. No. 853 § 1, 6-24-2002; Ord. No. 1579 § 1, 11-24-2008; Ord. No. 2048 § 1, 10-24-2014; Ord. No. 2762, 12-12-2022; Ord. No. 2827, 11-13-2023[1]]

Composition Of Historic Preservation Commission. The Historic Preservation Commission shall consist of a total of eleven (11) members, seven (7) of whom shall be residents of the City of Wildwood for a minimum of one (1) year prior to their appointment, two (2) of whom shall be members of the City Council, one (1) of whom is a member of the Planning and Zoning Commission, and one (1) of which shall be a member of the Architectural Review Board, with each being appointed by the Mayor with the consent of the City Council. As possible, one (1) resident member should be an experienced architect or preservation/restoration professional. Resident Commission Members may be active participants in a local or regional historical society or similar local organization dedicated to historic preservation and education. Such a potential member may be offered for nomination by the Mayor, as representing the local historical society or similar organization, so long as the individual chosen meets the requirements of membership to the Commission. The organization shall provide the Mayor a written nomination request of this candidate, including an overview of qualifications. In all cases, the Mayor shall make every reasonable effort to appoint persons with a demonstrated interest and some degree of expertise relative to the history and preservation of the City of Wildwood. The members shall serve without compensation but may be reimbursed for expenses they incur while on Commission business.

Alternate Commission Members. Two (2) non-voting alternate resident Commission Members shall be appointed by the Mayor, with the consent of City Council. These alternate members would be expected to attend Commission meetings, receive routine training, offer comments on agenda topics, and act as potential replacement(s) for a Commission Member who is no longer able to serve. These alternate Commission Members shall be considered voting members only when their participation is necessary to constitute a quorum for the meeting, but may not be officers of the Commission in any circumstance.

Youth Members. The Mayor may appoint, with the advice and consent of the City Council, up two (2) youth members to the Historic Preservation Commission, after being recommended for such through an application. Youth members shall be at least thirteen (13) years of age at the time of appointment but no older than eighteen (18) years of age, and enrolled in the ninth through the twelfth grade in a public or private school district or home-schooled. Youth members must be residents of the City of Wildwood for a minimum of one (1) year prior to appointment. The youth members shall be appointed to serve for a term of one (1) year and may be reappointed for a total of three (3) terms. Youth members of the Historic Preservation Commission shall sit on the Historic Preservation Commission, but shall not be entitled to vote on any matter before the Historic Preservation Commission.

Advisor. The Commission shall be authorized to designate, from time to time, by a majority vote of the Commission, a person with exceptional knowledge, qualifications, and experience, which may include, but is not necessarily included to, a former Commissioner, to advise the Commission and serve without compensation and at the pleasure of the Commission.

Terms. The terms of office for the members of the Historic Preservation Commission shall be three (3) years, excepting therefrom:

The membership of the first Historic Preservation Commission and the subsequent two (2) members added within this same transition time frame. These transition members shall be appointed to serve terms of one (1) for one (1) year and one (1) for two (2) years. Alternate members shall be appointed to serve terms of three (3) years; and

The Council Members, who shall serve a term of one (1) year, but may be reappointed; and

The Planning and Zoning Commission and Architectural Review Board Members, who shall serve on the Commission for a term of no more than one (1) year, but may be reappointed.

Vacancies shall be filled for the remainder of an unexpired term in the same manner as appointments. The Historic Preservation Commission shall hold at least six (6) meetings per year or as directed by the Chair. A quorum shall consist of six (6) of the voting members as set forth above in Subsection (A)(1) of this Section.

Meetings. All meetings of the Historic Preservation Commission shall be open to the public, except as provided by State law. The Historic Preservation Commission 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. Regular meetings of the Historic Preservation Commission should be scheduled monthly and held not less than six (6) times per year. No more than two (2) months should elapse between regular meetings. More frequent meetings may be scheduled by the Chair or requested by the Director of Planning, as needed to address issues or accomplish tasks and projects. Special meetings and/or tours should be scheduled, conducted, recorded, and with notice given, as if a regular meeting.

Funding.

The City Council shall annually appropriate funds, within budget limitations established by the City Council, for the operation of the Historic Preservation Commission. The annually appropriated funding shall be used for expenditures directly related to the purpose(s), powers, and duties of the Commission, as outlined elsewhere in this Chapter of the Municipal Code, and including, but not limited to:

Training and continuing education of Historic Preservation Commission members, alternate members, and liaisons, including attendance at conferences and seminars provided on a local and State level, historical reference publications, etc.

Citizen outreach and public relations, including task group meetings, special mailings, etc., especially those aimed at nurturing public awareness and participation in preservation activities among owners of historic and historically significant properties and elements.

General public education activities and materials, including brochures, videos, storyboards for schools, exhibits, etc., other than expenditures normally covered within the City's general operating budget.

Outside consultants for unique situations, special research and studies, ongoing updating of the listing of historic elements and sites, etc., as needed and approved by the Commission within its limit of authority.

Research, application, and securement of potential funding sources and grants to incentivize and foster the preservation of historically significant elements, as well as distribution or use of any secured funds, with City Council consent.

The Historic Preservation Commission may, with the consent of the City Council, apply for, receive, and expend any Federal, State or private grant, grant-in-aid, gift or bequest in furtherance of the general purposes of this Section. The Historic Preservation Commission shall exercise oversight over all funding receipts and expenditures covered by the provisions in this Section. The Department of Planning shall provide coordination and staff support for the Commission.

Powers And Duties. The Historic Preservation Commission shall have the following powers and duties:

To conduct an ongoing survey and research to identify and document buildings, structures, elements, objects, remnants, roads and trails, sites and districts that are of historic, archaeological, architectural, engineering, cultural or scenic significance to the locality, the State or the nation; to update and maintain the survey routinely; to provide a status report to the City Council at least annually; to highlight the status of those properties or elements considered landmarks, as defined in this Chapter, and to publish the current report for public perusal.

To recommend to the City Council designation of significant historic properties as registered historic buildings, structures, elements, objects, remnants, roads and trails, sites, and historic districts, to prepare documentation supporting such nomination, and to maintain a register of designated registered historic properties, elements, and districts, and of significant historical, architectural and archaeological properties.

To recommend to the City Council the designation of specific historic properties or elements as City of Wildwood historic landmarks, as defined elsewhere in this Chapter.

To recommend to the City Council the establishment of regulations, guidelines and policies to preserve the integrity and ambiance of designated registered historic properties, elements, and districts. The Commission shall have the authority to review ordinary maintenance, as deemed appropriate, new construction, alterations, removals and demolitions proposed within the boundaries of a historic property or district, including review of plans for vacant lots and non-historic buildings and structures according to accepted criteria meriting field inspection and in accordance with the adopted procedures and policies promulgated for such reviews by it. These procedures and policies shall be maintained by the Historic Preservation Commission and available for public inspection and dissemination.

To provide technical assistance to owners of older and historic, architectural, archaeological, cultural and scenic properties concerning the preservation and maintenance of the property, including potential incentives and sources of funding.

To recommend to the City Council programs and policies and economic incentives to encourage the preservation of significant registered historic properties, elements, and districts.

To prepare and maintain a comprehensive historic preservation plan, or a preservation element to a master plan, to integrate the preservation program into the City government for planning and zoning for land use, building and fire codes, special use permits, community revitalization and heritage tourism.

To participate in the conduct of land use, urban renewal, and other City activities affecting registered historic properties and districts.

To acquire by purchase, gift or bequest, fee title or lesser interest, including preservation restrictions or easements in designated properties and adjacent or associated lands that are important for the preservation and use of the designated properties.

10.

To adopt its own bylaws and procedural regulations, provided that such regulations are not inconsistent with this Chapter and the Revised Statutes of the State of Missouri.

11.

To schedule joint public meetings or work sessions with the Planning and Zoning Commission necessitated by the application of zoning or historic preservation codes within the context of the Master Plan or site-specific ordinances approved for the same.

Delegation Or Abandonment Of Powers And Duties. The Historic Preservation Commission and the City Council shall retain and be responsible for effective initiation, implementation, and accomplishment, as possible, of each of its described duties and responsibilities. The Commission and the City Council should neither delegate responsibilities and duties required by this Chapter to external organizations or entities, nor abandon them without just cause and clear direction from a majority of residents.

Ethics. Each Commission member, alternate member, and liaison shall adhere to, and be bound by, the applicable City and State guidelines and codes covering ethical conduct. No member, alternate member, or liaison shall use his/her position, or derived information, for personal use or gain, as specified in the aforementioned applicable guidelines and codes.

[1]

Editor's Note: At the City's direction Subsections (D) through (G) have not been removed from the Code as the intention of Ords. 2762 and 2827 was only to amend Subsections (A) through (C) and retain (D) through (G).

Section 440.030 Surveys And Research.

[R.O. 1997 § 440.030; Ord. No. 547 § 1, 8-9-1999; Ord. No. 2048 § 1, 10-24-2014]

The Historic Preservation Commission shall commence, maintain, and regularly update a survey of all historic properties and elements within the City of Wildwood as defined by this Chapter. The initial survey shall be prepared by the Historic Preservation Commission before any initiative to nominate any historic property can be commenced. The Historic Preservation Commission shall identify potential nominees for designation as historic properties, elements, or historic districts and adopt procedures for consideration of them based upon one (1) or more of the following criteria:

The historic property or element is in one (1) identifiable neighborhood or distinct geographical area, such as the Town Center, or is an individual historic property of the City;

The historic property or element is associated with a particular person, event or historical period;

The historic property or element is of a particular architectural style or school, or of a particular architect, builder, designer or craftsperson;

The historic property or element exhibits historic or prehistoric archaeological resources with the potential to contribute to the understanding of historic and prehistoric cultures; and

Such other criteria as may be adopted by the Historic Preservation Commission to assure systematic survey and nomination of all potential registered historic properties and elements in the City.

The Historic Preservation Commission shall provide to owners of property or element identified in any completed initial or updated survey a copy of such completed survey, which shall also be maintained with the City Clerk for public inspection.

Section 440.040 Nomination And Approval Procedures For Registering Historic Properties Or Elements.

[R.O. 1997 § 440.040; Ord. No. 547 § 1, 8-9-1999; Ord. No. 2048 § 1, 10-24-2014]

General. Nominations of historic properties for preservation, rehabilitation, protection or adaptive reuse shall comply with the following application, review, and approval procedures and criteria established by the Historic Preservation Commission as defined by this Chapter.

Requirements For Nomination. All nominations of historic properties shall adhere to the requirements described below:

A nomination of historic properties shall be made to the Historic Preservation Commission on forms prepared and maintained by the Department of Planning.

A nomination shall be by the owner of record of the historic property or element, the City Council as a whole, any individual member of the City Council, or by a majority vote of the Historic Preservation Commission on its own initiative.

Written Consent Of Property Owner. Except for nominations initiated by the owner of the property or element, any other nomination shall be deemed rejected, if the written consent of the owner of the property or element nominated shall not have been filed with the City within one hundred twenty (120) days of the date the nomination is certified complete. The written consent shall state that the property or element owner consents to the nomination and requests the historic property or element be designated as a registered historic property or element. No public hearing or further processing of the application shall occur on such nominations, until the written consent of the property or element owners is received and filed with the City Clerk. The consent of the property or element owner may be withdrawn at any time, prior to the effective date of an ordinance designating the historic property or element as a registered historic property or element.

A nomination may be considered for historic properties which exceed seventy-five (75) years of age or having other historical significance.

A nomination shall be submitted to the City Clerk who will, within thirty (30) days of receipt of this form, mail a notification of intent to nominate to the owner of record of the subject historic property, when undertaken by the Historic Preservation Commission or the City Council.

A nomination shall be certified complete when the Director of Planning determines the minimum information that is necessary for it to be reviewed and evaluated in accordance with this Chapter has been submitted. Additional information may be requested as required. Each nomination, other than those initiated by the Historic Preservation Commission or the City Council, shall include the signature of all owners with interest in the historic property which is the subject of the action attesting to the truth and correctness of all facts and information presented.

Public Hearing On Nominations Of Historic Properties Or Elements Onto The Historic Registry. Upon receipt of a completed nomination, the Historic Preservation Commission shall schedule a public hearing to solicit input and comment on the proposed nomination and guidelines for certificates of appropriateness.

Criteria For Consideration Of Nomination. The Historic Preservation Commission shall, after public hearing and such investigation as it deems necessary, make a determination as to whether a nominated historic property or element meets one (1) or more of the following criteria:

Its character, interest or value is part of the development, heritage, or cultural characteristics of the community, County, State or country;

Its overall setting is part of a collection of buildings, elements or objects where the overall collection forms a unit;

It has the potential to be returned to an accurate historic appearance regardless of alterations or insensitive treatment that can be demonstrated to be reversible;

Its location is the site of a significant local, County, State or national event;

It is identified with a person or persons who significantly contributed to the development of the community, County, State or country;

It embodies distinguishing characteristics of an architectural type valuable for the study of period, type, method of construction or use of indigenous materials;

It is identified as the work of a master builder, designer, architect or landscape architect whose individual work has influenced the development of the community, State or country;

It embodies design, detailing, materials or craftsmanship that renders it architecturally significant;

It embodies design that makes it structurally or architecturally innovative;

10.

It has a unique location or singular physical characteristic that makes it an established or familiar visual feature of the neighborhood, community or City;

11.

Its character is 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.

It is suitable for preservation or restoration; or

13.

It has potential to yield information important to history or prehistory.

Report And Recommendation Of Historic Preservation Commission.

The Historic Preservation Commission shall, within forty-five (45) days from the date of the public hearing on a completed nomination, adopt a resolution recommending to the City Council that the nominated historic property be approved or disapproved for listing on the Wildwood Historic Registry. The resolution shall be accompanied by a report to the City Council containing the following information:

A photograph or photographic essay, maps, and/or graphics, as most appropriate, of the historic property or element; and

Explanation of the significance or lack of significance of the nominated historic property as it relates to the criteria for designation; and

Explanation of the general condition, integrity, or lack of integrity of the nominated historic property or element; and

Statement of any near or long-term challenges or threats to the property or element.

If the recommendation is for approval of the nomination, the report should also contain:

The types of significant exterior architectural features of the historic property that should be protected;

The types of construction, alterations and demolitions that should be reviewed for appropriateness pursuant to a certificate of appropriateness;

The type and significance of historic and prehistoric archaeological sites within the nominated historic property;

Proposals for design guidelines to be used by the Historic Preservation Commission in review of a certificate of appropriateness for the historic property;

The relationship of the nominated historic property or element to the ongoing effort of the Historic Preservation Commission to identify and nominate all potential cultural resources that meet the criteria for designation;

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 historic property, including recommendations for buffer zones to protect and preserve visual integrity;

A map showing the location of the nominated historic property;

Statement of any planned zoning, public infrastructure improvements, or economic or regulatory incentives that should be considered by the City Council in reviewing the nomination; and

Statement of general condition of the property or element.

The recommendation and report of the Historic Preservation Commission shall be sent to the City Council within fourteen (14) days following the vote on the resolution.

Action By City Council. The City Council shall, after receiving the recommendation that the nominated historic property be designated, or receiving a written appeal, either reject the recommendation by formal action or designate the historic property by an ordinance. The City Clerk shall provide written notification of the action of the City Council by certified mail to the nominator and the owner(s) of record of the nominated historic property. 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 Historic Preservation Commission, the Planning and Zoning Commission, and the Director of Planning, and thereupon included on the list of registered historic properties maintained by the Historic Preservation Commission.

The Designation Ordinance. The designating ordinance shall identify the historic property being designated, including 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 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; and sign and parking regulations. The City shall designate the location of historic properties on appropriate public maps. The designation ordinance may be included as part of a historic zoning district or overlay, or may contain approval for economic or regulatory incentives or authorization for public infrastructure construction, as an incentive for the owner's acceptance of the historic property being designated as a registered historic property.

Amendment And Rescission Of Designation. Designation may be amended or rescinded upon petition to the Historic Preservation Commission and compliance with the same procedure and according to the same criteria set forth herein for designation, provided that the consent of the property owner shall not be required for a rescission initiated by the Council or Commission. Any alteration or other action relating to a historic property taken in violation of the ordinance shall constitute separate justification for recession of the designation. Unless a property owner receives designation as a registered historic property in conjunction with a historic zoning district or overlay, or in conjunction with an ordinance expressly granting economic or regulatory incentives, the owner of the historic property shall be titled to remove the property from the list.

Section 440.041 Alterations, Construction, Demolition Or Removal Of Historic Structures, Buildings Or Elements.

[R.O. 1997 § 440.041; Ord. No. 2048 § 1, 10-24-2014]

Interim Control — Elements Of Historic Significance. No permit shall be issued by the City for alteration, construction, demolition or removal of any structure, building, or element listed on the survey or for site disturbance on the historically affected portion of that parcel, until the Historic Preservation Commission shall have reviewed the permit application and issued a response as to whether the property should be nominated to the Wildwood Historic Registry and/or whether incentives should be recommended to encourage preservation of the structure, building, or element. This provision shall also apply to such other permit requests as, in the opinion of the Director of Planning, would detrimentally impact or alter a structure, building, or element or site that is of potential or known historic, architectural or archaeological significance. The response required by the Historic Preservation Commission shall be issued within thirty (30) days of the permit request being referred to the Commission by the Director of Planning, except that the Commission may extend this period for up to thirty (30) additional days upon need. Upon receipt of the Commission's response or expiration of the established review time period, the Director of Planning's authority to issue the permit shall resume. Notwithstanding this Subsection, the City Council may order the issuance of any permit, if the alteration, removal or demolition is necessary for public health, welfare, or safety and should not be delayed.

Section 440.050 Certificates Of Appropriateness.

[R.O. 1997 § 440.050; Ord. No. 547 § 1, 8-9-1999; Ord. No. 2048 § 1, 10-24-2014]

Registered Historic Properties — Permits Required.

No applications for a building permit or demolition affecting the exterior architectural appearance of any registered historic property may be undertaken without a certificate of appropriateness having first been granted by the Commission, unless a circumstance constitutes an emergency, as determined by the Director of Planning. Any authorization granted by the Director of Planning, in an emergency situation for stabilization of the building, structure, or element, is to be presented to the Commission at its next meeting thereafter. Alterations requiring a certificate of appropriateness include:

Any construction, alteration or removal requiring a building permit from the City;

Any demolition, in whole or part, requiring a permit from the City;

Any construction, alteration, demolition or removal affecting a significant exterior architectural feature or appearance as specified in the ordinance designating the historic property; and

Any construction, alteration or removal involving earth disturbing activities that might affect archeological resources.

Applications for a certificate of appropriateness shall include accompanying plans and specifications affecting the exterior architectural appearance of the registered historic property; 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 Director of Planning to the Historic Preservation Commission 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 Historic Preservation Commission. Any applicant may request a meeting with the Historic Preservation Commission before the application is reviewed by it 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 Historic Preservation Commission and available at the office of the City Clerk. The Historic Preservation Commission shall request and schedule a site visit to review the application, whenever practical and appropriate. The Historic Preservation Commission shall consider the complete application at its next regular meeting or a special meeting, if appropriate. In the case of a demolition application involving a registered historic structure or element, a site visit by a quorum of the members of the Historic Preservation Commission shall be completed. The decision regarding the application shall follow deliberation in a regularly scheduled or special public meeting of the Commission conducted after the required site visit and with proper public notice to facilitate public awareness and input.

Review And Decision On Issuance Of Certificate Of Appropriateness. The Historic Preservation Commission shall review the application for a building or demolition permit or for a certificate of appropriateness and issue or deny the permit within forty-five (45) days of receipt of the completed application. Written notice of the approval or denial of the application for a certificate of appropriateness shall be provided to the applicant and the Director of Planning within seven (7) days following the determination and shall be accompanied by a certificate of appropriateness in the case of an approval. 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 Chapter. A denial of a certificate of appropriateness shall be accompanied by a statement of the reasons for the denial. The Historic Preservation Commission shall make recommendations to the applicant concerning changes, if any, in the proposed action that would cause the Historic Preservation Commission 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 Historic Preservation Commission. The applicant may resubmit an amended application or reapply for a building or demolition permit that takes into consideration the recommendation of the Historic Preservation Commission.

Appeals. If the Historic Preservation Commission denies an application for a certificate of appropriateness, the Historic Preservation Commission 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 Chapter when such will not materially affect the health or safety of the applicant and general public.

Stop-Work Order. Whenever the Director of Planning or Historic Preservation Commission 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 Director of Planning make every reasonable effort to contact the owners, occupants, contractor or subcontractor and inform them of proper procedures. If the Historic Preservation Commission determines that a stop-work order is necessary to halt an action, it shall request the Director of Planning 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.

Section 440.060 Comment On Public Improvement And Land Acquisition Projects.

[R.O. 1997 § 440.060; Ord. No. 547 § 1, 8-9-1999; Ord. No. 853 § 1, 6-24-2002; Ord. No. 2048 § 1, 10-24-2014]

The Historic Preservation Commission may comment on any public improvement projects by the City of Wildwood.

The Historic Preservation Commission shall be notified by the Department of Public Works or the Department of Planning (depending on the lead entity) regarding any proposed public improvement project by the City of Wildwood, or any of its agencies or departments, boards, commissions, or committees, affecting a historic property or element, as defined by this Code (within a two-hundred-foot radius). Review of the project and comments regarding the same are at the discretion of the Historic Preservation Commission members.

The Historic Preservation Commission may also comment upon any proposed acquisition of a historic property by the City of Wildwood or any of its agencies or departments.

Section 440.070 Standards For Review.

[R.O. 1997 § 440.070; Ord. No. 547 § 1, 8-9-1999; Ord. No. 2048 § 1, 10-24-2014]

In considering an application for a certificate of appropriateness, the Historic Preservation Commission, in addition to any design guidelines in this Chapter designating the historic property or element, landmark or historic district, shall be guided in principal by the Secretary of the Interior's standards as follows:

A property or element 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.

The historic character of a property or element shall be retained and preserved. The removal of historic materials or alteration of features and exterior spaces that characterize a property shall be avoided.

Each property or element 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 non-authentic or architectural features of other buildings, shall not be undertaken.

Most properties or elements change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a historic property or element shall be preserved.

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.

Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of elements, if appropriate, shall be undertaken using the gentlest means possible.

Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property or element. 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 or element and its environment would be unimpaired.

Section 440.080 Design Guidelines.

[R.O. 1997 § 440.080; Ord. No. 547 § 1, 8-9-1999; Ord. No. 2048 § 1, 10-24-2014]

Design guidelines for applying the criteria for review of certificates of appropriateness shall, at minimum, consider the following architectural criteria:

Height. The height of any proposed alteration or construction should be compatible with the style and character of the historic element.

Proportions Of Windows And Doors. The proportions and relationships between doors and windows should be compatible with the architectural style and character of the historic element.

Relationship Of Building Masses And Spaces. The setback and relationship of the historic property to the open space between it and adjoining structures or elements should be compatible.

Roof Shape. The design of the roof should be compatible with the architectural style and character of the historic element.

Landscaping. Landscaping should be compatible with the architectural character and appeal of the historic elements.

Scale. The scale of the structure or element after alteration, construction, or partial demolition should be compatible with its architectural style and character and with surrounding historic properties.

Directional Expression. Facades of historic properties should blend with other structures or elements with regard to directional expression. Historic properties should be compatible with the dominant horizontal or vertical expression of surrounding structures or elements. The directional expression of a historic property after alteration, construction or partial demolition should be compatible with its original architectural style and character.

Architectural Details. Architectural details, including materials, colors and textures should be treated so as to make a historic element compatible with its original architectural style and character and to preserve and enhance the architectural style or character of a historic element.

Signage. The character of signs should be in keeping with the historic architectural character of a historic element. Character of a sign includes the number, size, area, sale, 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 adversely affect the historic element.

Section 440.090 Review Of Applications For Zoning Amendments, Special Use Permits, Site Development Plans, Subdivision And Variances.

[R.O. 1997 § 440.090; Ord. No. 547 § 1, 8-9-1999; Ord. No. 2048 § 1, 10-24-2014]

Applications for zoning amendments, special use permits, site development plans, subdivision or variances of a historic element, or such other applications as the Council may receive, shall be referred to the Historic Preservation Commission by the Department of Planning. The Historic Preservation Commission shall notify the applicant of the time and place of such review and shall give the applicant the opportunity to appear and be heard. Within fifteen (15) days after receipt of said application, the Historic Preservation Commission shall forward its comments to the Department of Planning for consideration by the entity with whom the application was filed.

Section 440.100 Public Safety Exclusion.

[R.O. 1997 § 440.100; Ord. No. 547 § 1, 8-9-1999; Ord. No. 2048 § 1, 10-24-2014]

None of the provisions of this Chapter shall be construed to prevent any measures of construction alteration or demolition necessary to correct or abate the unsafe or dangerous condition of any structure, element, or other feature (or part thereof), where such condition has been declared unsafe or dangerous by the Director, 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. Interim adequate measures, including temporary fencing, lighting, and other security measures, as needed, shall be provided at the owner's expense, and should be considered as preferable, in lieu of any demolition actions. In the event any structure, element, 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.

Section 440.110 Fees And Penalties.

[R.O. 1997 § 440.110; Ord. No. 547 § 1, 8-9-1999; Ord. No. 1607 § 1, 3-23-2009; Ord. No. 2048 § 1, 10-24-2014]

The Commission shall establish an appropriate system of processing fees for the review of nominations and certificates of appropriateness.

It shall be unlawful for any person to undertake or cause an alteration, construction, demolition or removal of any nomination for registered historic property structure, or element within a nominated or designated Historic District without a certificate of appropriateness. Any person convicted of violating the provisions of this Chapter shall be punished by a fine and imprisonment as set out in Section 100.140 of this Code.

If a minimum maintenance level, as delineated in Section 440.010(B), Definitions, is not maintained, as determined by City staff, the Historic Preservation Commission shall review the staff's report of findings. If determined appropriate by the Historic Preservation Commission, the owner of the property or other person having legal custody thereof shall be notified by the Historic Preservation Commission via the Director of Planning and Parks. The notice shall be by certified mail and shall specify each item in the property, element, 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 respond with the minimum maintenance requirements or provide to the City a mitigation plan with specific time frames for completion of necessary maintenance steps. The Historic Preservation Commission, for good cause shown, may extend the thirty-day period for remedy or delivery of the mitigation plan. If upon the exceeding of the original deadline for any agreed mitigation step or period or any extension thereof granted by the Historic Preservation Commission, the owner or person having legal custody of the property should fail to meet the minimum maintenance requirements, as properly detailed and transmitted to said owner, the owner or person having legal custody of the property shall be in violation of this Section. City staff will then initiate normal process and procedure for enforcing violations of the City's Property Maintenance Code and will provide the City Council and Historic Preservation Commission updates regarding the status in abating the violation.

Section 440.120 City Ownership Of Historical Items And Resources.

[R.O. 1997 § 440.120; Ord. No. 2048 § 1, 10-24-2014]

Any and all documentation, photographs, artifacts, or other materials obtained during, or as a result of, the Commission's activities or otherwise donated to the City shall remain the property of the City. An up-to-date inventory, indicating source, description, and pertinent historical data, should be maintained by the Department of Planning. Any item loaned or otherwise displaced from the City repository must be identified, tracked, and returned to the City at the agreed upon time frame.