[R.O. 1997 § 440.010; Ord. No. 547 § 1, 8-9-1999; Ord.
No. 2048 § 1, 10-24-2014]
A.
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:
1.
Suggest incentives to assist the
owners of historic elements in their preservation and restoration;
2.
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;
3.
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;
4.
Promote educational outreach programs
to all interested parties in the City of Wildwood, including the Historic
Preservation Commission;
5.
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;
6.
Discourage the demolition of historic
elements;
7.
Encourage the identification, investigation,
and preservation of archaeological and historically significant elements;
8.
Define the City's preservation and
restoration efforts to include historic structures, buildings and
sites/areas (historic elements);
9.
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.
B.
ALTERATION
CERTIFICATE OF APPROPRIATENESS
CULTURAL RESOURCES
DESIGN GUIDELINE
DIRECTOR
EXTERIOR ARCHITECTURAL APPEARANCE
HISTORIC DISTRICT
HISTORIC ELEMENT
HISTORIC PRESERVATION COMMISSION
HISTORIC PROPERTY
HISTORIC SIGNIFICANCE
LANDMARK
MINIMUM MAINTENANCE
1.
2.
a.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
3.
4.
ORDINARY MAINTENANCE
REGISTERED HISTORIC PROPERTY
STRUCTURE
SURVEY
WILDWOOD HISTORIC REGISTER
Definitions. For the purposes of this Chapter, the
following words and phrases shall be defined as follows:
Any act or process that changes one (1) or more historic,
architectural, or physical features of an area, site, landscape, place
and/or structure, including, but not limited to, the erection, construction,
reconstruction or removal of any structure; the expansion or significant
modification of agricultural activities; and clearing, grading or
other modification of an area, site or landscape that changes its
current condition.
A 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.
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.
A standard of appropriate activity that will preserve the
historic, architectural, scenic or aesthetic character of a historic
property or historic district.
The Director of Planning for the City of Wildwood.
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.
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.
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.
The Commission established by the City of Wildwood by this
Chapter.
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.
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.
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.
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:
Deterioration of exterior walls,
foundations, or other vertical supports;
Deterioration of roofs, overhangs,
or other horizontal members;
Deterioration of external chimneys;
Deterioration or crumbling of exterior
plaster, concrete, or mortar;
Deterioration or ineffective waterproofing
of exterior walls, roofs, and foundations, including broken windows
or doors, missing or loose siding;
Significant peeling of paint, rotting,
holes, and other forms of decay;
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;
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;
Lack of maintenance of surrounding
environment, e.g., fences, gates, sidewalks, steps, signs, accessory
structures, and landscaping;
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
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.
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.
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.
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.
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.
The official listing of historic properties that have been
designated by ordinance pursuant to this Chapter.
[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]
A.
Composition Of Historic Preservation Commission. The Historic Preservation
Commission shall consist of a total of nine (9) members, seven (7)
of whom shall be residents of the City of Wildwood for a minimum of
one (1) year prior to their appointment, and two (2) of whom shall
be members of the City Council, 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.
1.
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.
2.
Liaisons. One (1) non-voting liaison from the Planning and Zoning
Commission and one (1) non-voting liaison from the Architectural Review
Board shall be appointed by their respective bodies to serve on the
Commission for a term of no more than one (1) year, but may be reappointed.
B.
Terms. The terms of office for the members of the Historic Preservation
Commission shall be three (3) years, excepting therefrom:
1.
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
2.
The Council Members, who shall serve a term of one (1) year,
but may be reappointed.
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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 four (4) of the voting members or as set forth above in Subsection (A)(2) of this Section.
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C.
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.
D.
Funding.
1.
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:
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
2.
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.
E.
Powers And Duties. The Historic Preservation
Commission shall have the following powers and duties:
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
To recommend to the City Council
programs and policies and economic incentives to encourage the preservation
of significant registered historic properties, elements, and districts.
7.
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.
8.
To participate in the conduct of
land use, urban renewal, and other City activities affecting registered
historic properties and districts.
9.
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.
F.
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.
G.
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.
[R.O. 1997 § 440.030; Ord. No. 547 § 1, 8-9-1999; Ord. No. 2048 § 1, 10-24-2014]
A.
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:
1.
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;
2.
The historic property or element
is associated with a particular person, event or historical period;
3.
The historic property or element
is of a particular architectural style or school, or of a particular
architect, builder, designer or craftsperson;
4.
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
5.
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.
B.
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.
[R.O. 1997 § 440.040; Ord. No. 547 § 1, 8-9-1999; Ord. No. 2048 § 1, 10-24-2014]
A.
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.
B.
Requirements For Nomination. All nominations
of historic properties shall adhere to the requirements described
below:
1.
A nomination of historic properties
shall be made to the Historic Preservation Commission on forms prepared
and maintained by the Department of Planning.
2.
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.
a.
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.
3.
A nomination may be considered for
historic properties which exceed seventy-five (75) years of age or
having other historical significance.
4.
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.
5.
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.
C.
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.
D.
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:
1.
Its character, interest or value
is part of the development, heritage, or cultural characteristics
of the community, County, State or country;
2.
Its overall setting is part of a
collection of buildings, elements or objects where the overall collection
forms a unit;
3.
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;
4.
Its location is the site of a significant
local, County, State or national event;
5.
It is identified with a person or
persons who significantly contributed to the development of the community,
County, State or country;
6.
It embodies distinguishing characteristics
of an architectural type valuable for the study of period, type, method
of construction or use of indigenous materials;
7.
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;
8.
It embodies design, detailing, materials
or craftsmanship that renders it architecturally significant;
9.
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.
E.
Report And Recommendation Of Historic Preservation
Commission.
1.
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.
A photograph or photographic essay,
maps, and/or graphics, as most appropriate, of the historic property
or element; and
b.
Explanation of the significance or
lack of significance of the nominated historic property as it relates
to the criteria for designation; and
c.
Explanation of the general condition,
integrity, or lack of integrity of the nominated historic property
or element; and
d.
Statement of any near or long-term
challenges or threats to the property or element.
2.
If the recommendation is for approval
of the nomination, the report should also contain:
a.
The types of significant exterior
architectural features of the historic property that should be protected;
b.
The types of construction, alterations
and demolitions that should be reviewed for appropriateness pursuant
to a certificate of appropriateness;
c.
The type and significance of historic
and prehistoric archaeological sites within the nominated historic
property;
d.
Proposals for design guidelines to
be used by the Historic Preservation Commission in review of a certificate
of appropriateness for the historic property;
e.
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;
f.
Recommendations as to appropriate
permitted uses, special uses, height and area regulations, minimum
dwelling size, floor area, sign regulations, lot size and parking
regulations necessary or appropriate to the preservation of the nominated
historic property, including recommendations for buffer zones to protect
and preserve visual integrity;
g.
A map showing the location of the
nominated historic property;
h.
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
i.
Statement of general condition of
the property or element.
3.
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.
F.
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.
G.
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.
H.
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.
[R.O. 1997 § 440.041; Ord. No. 2048 § 1, 10-24-2014]
A.
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.
[R.O. 1997 § 440.050; Ord. No. 547 § 1, 8-9-1999; Ord. No. 2048 § 1, 10-24-2014]
A.
Registered Historic Properties —
Permits Required.
1.
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:
a.
Any construction, alteration or removal
requiring a building permit from the City;
b.
Any demolition, in whole or part,
requiring a permit from the City;
c.
Any construction, alteration, demolition
or removal affecting a significant exterior architectural feature
or appearance as specified in the ordinance designating the historic
property; and
d.
Any construction, alteration or removal
involving earth disturbing activities that might affect archeological
resources.
2.
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.
B.
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.
C.
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.
D.
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.
[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]
A.
The Historic Preservation Commission may
comment on any public improvement projects by the City of Wildwood.
1.
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.
2.
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.
[R.O. 1997 § 440.070; Ord. No. 547 § 1, 8-9-1999; Ord. No. 2048 § 1, 10-24-2014]
A.
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:
1.
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.
2.
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.
3.
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.
4.
Most properties or elements change
over time; those changes that have acquired historic significance
in their own right shall be retained and preserved.
5.
Distinctive features, finishes and
construction techniques or examples of craftsmanship that characterize
a historic property or element shall be preserved.
6.
Deteriorated historic features shall
be repaired rather than replaced. Where the severity of deterioration
requires replacement of a distinctive feature, the new feature shall
match the old in design, color, texture and other visual qualities
and, where possible, materials. Replacement of missing features shall
be substantiated by documentary, physical or pictorial evidence.
7.
Chemical or physical treatments,
such as sandblasting, that cause damage to historic materials shall
not be used. The surface cleaning of elements, if appropriate, shall
be undertaken using the gentlest means possible.
8.
Significant archaeological resources
affected by a project shall be protected and preserved. If such resources
must be disturbed, mitigation measures shall be undertaken.
9.
New additions, exterior alterations,
or related new construction shall not destroy historic materials that
characterize the property 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.
[R.O. 1997 § 440.080; Ord. No. 547 § 1, 8-9-1999; Ord. No. 2048 § 1, 10-24-2014]
A.
Design guidelines for applying the criteria
for review of certificates of appropriateness shall, at minimum, consider
the following architectural criteria:
1.
Height. The height of any proposed
alteration or construction should be compatible with the style and
character of the historic element.
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 historic
element.
3.
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.
4.
Roof Shape. The design of the roof
should be compatible with the architectural style and character of
the historic element.
5.
Landscaping. Landscaping should be
compatible with the architectural character and appeal of the historic
elements.
6.
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.
7.
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.
8.
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.
9.
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.
[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.
[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.
[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]
A.
The Commission shall establish an appropriate
system of processing fees for the review of nominations and certificates
of appropriateness.
B.
It shall be unlawful for any person to undertake or cause an alteration, construction, demolition or removal of any 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.
C.
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.
[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.
