[R.O. 2004 § 415.010; Ord. No. 493 § 1, 2-20-2001]
A.
The purpose of this Chapter shall be as follows:
1.
Providing a mechanism to identify and preserve
the distinctive historic and architectural characteristics of Bourbon
which represents elements of the City's cultural, social, economic,
political and architectural history.
2.
Fostering civic pride in the beauty and noble
accomplishments of the past, as represented in Bourbon's landmarks
and historic districts.
3.
Conserving and improving the value of property
designated as landmarks or within historic districts.
4.
Protecting and enhancing the attractiveness
of the City to home buyers, tourists, visitors and shoppers; and thereby
supporting and promoting business, commerce, industry and providing
economic benefit to the City.
5.
Fostering and encouraging preservation, restoration
and rehabilitation of structures, areas and neighborhoods and thereby
preventing future urban blight.
6.
Promoting the use of historic districts and
landmarks for the education, pleasure and welfare of the people of
the City.
[R.O. 2004 § 415.020; Ord. No. 493 § 2, 2-20-2001]
A.
General. Nominations shall be made to the Planning
and Zoning Commission on a form prepared by it and may be submitted
by a member of the Planning and Zoning Commission, the owner of record
of the nominated property or structures, or by the Board of Aldermen.
B.
Criteria For Designation Of Nomination. The Planning
and Zoning Commission shall, upon such investigation as it deems necessary,
make a determination as to whether a nominated property, structure
or area meets one (1) or more of the following criteria:
1.
Its character, interest or value as part of
the development, heritage or cultural characteristics of the community,
County, State or country.
2.
Its location as a site of a significant local,
County, State or national event.
3.
Its identification with a person or persons
who significantly contributed to the development of the community,
County, State or country.
4.
Its embodiment of distinguishing characteristics
of an architectural style valuable for the study of a period, type,
method of construction or use of indigenous materials.
5.
Its identification as the work of a master builder,
designer, architect or landscape architect whose individual work has
influenced the development of the community, County, State or country.
6.
Its embodiment of elements of design, detailing,
materials or craftsmanship which renders it architecturally significant.
7.
Its embodiment of design and elements that make
it structurally or architecturally innovative.
8.
Its unique location or singular physical characteristics
that make it an established or familiar visual feature of the neighborhood,
community or City; or the fact that it has yielded, or may be likely
to yield, information important in history.
9.
Its character as a particularly fine or unique
example of a utilitarian structure, including, but not limited to,
farmhouses, gas stations or other commercial structures, with a high
level of integrity or architectural significance.
10.
Its suitability for preservation or restoration.
[R.O. 2004 § 415.030; Ord. No. 493 § 3, 2-20-2001]
A.
The Planning and Zoning Commission shall, within seventy-five
(75) days from the receipt of a completed nomination in proper form,
hold a hearing as to whether a nominated landmark meets the criteria
for designation. The meeting shall be scheduled, held and conducted
in the same manner as other meetings to consider applications for
Zoning Map amendments or ordinance amendments. Notice of the date,
time, place and purpose of the meeting and a copy of the completed
nomination form shall be sent by regular mail to the owner(s) of record
and to the nominators. The results of the hearing including the Commissions
recommendations shall be sent to the Board of Aldermen within fourteen
(14) days of the hearing. The results of such hearing shall be accompanied
by a report containing the following information:
1.
Explanation of the significance or lack of significance
of the nominated landmark as it relates to the criteria for designation.
2.
Explanation of the integrity or lack of integrity
of the nominated landmark.
3.
In the case of a nominated landmark found to
meet the criteria for designation:
4.
Proposed design guidelines, including minimum
maintenance requirements, for applying the criteria for review of
certificates of appropriateness to the nominated landmark.
5.
The relationship of the nominated landmark to
the ongoing effort to identify and nominate all potential areas and
structures that meet the criteria for designation.
6.
Any initial recommendation as to appropriate
permitted uses, special uses, height and area regulations, minimum
dwelling size, floor area, sign regulations and parking regulations
necessary or appropriate to the preservation of the nominated landmark.
7.
A trap showing the location of the nominated
landmark.
8.
The recommendation and report shall be sent
to the Board of Aldermen within seven (7) days following the vote
on the resolution and shall be available to the public at the offices
of the City Clerk.
[R.O. 2004 § 415.040; Ord. No. 493 § 4, 2-20-2001]
A.
The Board of Aldermen shall, within sixty (60) days
after receiving the report and recommendation from the Planning and
Zoning Commission, either reject the proposed designation or designate
the property as a landmark. The Board of Aldermen shall hold a public
hearing before enacting the ordinance and provide notice to the property
owner and public. Any ordinance shall be accompanied by a written
statement explaining the reasons for the action of the Board of Aldermen.
B.
After the public hearing, the City Clerk shall provide
written notification of the action of the Board of Aldermen by regular
mail to the nominator and the owner(s) of record of the nominated.
The notice shall include a copy of the designation ordinance or resolution
passed by the Board of Aldermen and shall be sent within seven (7)
days of the Board's action.
C.
A determination made by the Board of Aldermen as to
whether or not to designate a property as a landmark shall be a final
administrative decision as that term is defined in Chapter 536, RSMo.
[R.O. 2004 § 415.050; Ord. No. 493 § 5, 2-20-2001]
Upon designation, the landmark shall receive
the supplemental zoning classification "H" for historic landmark and
the designation ordinance shall prescribe the significant exterior
architectural features; the types of construction, alteration, demolition
and removal other than those requiring a building or demolition permit
that should be reviewed for appropriateness, the design guidelines,
including minimum maintenance standards, for applying the criteria
for review of appropriateness; permitted uses; special uses; height
and area regulations; minimum dwelling use; floor area; sign regulation
and parking regulations. The Official Zoning Map of the City of Bourbon
shall be amended to show the boundaries of the supplemental zoning
designation.
[R.O. 2004 § 415.060; Ord. No. 493 § 6, 2-20-2001]
No building permit shall be issued by the City
for alteration, construction, demolition or removal of a nominated
landmark or of any property or structure within a nominated historic
district from the date of the meeting, at which a nomination form
is first presented, until the final disposition of the nomination
by the Board of Aldermen, unless such alteration, removal or demolition
is authorized by formal resolution of the Board of Aldermen as necessary
for public health, welfare or safety; provided, however, that in no
event shall the delay occasioned by this Section be for more than
one hundred eighty (180) days.
[R.O. 2004 § 415.070; Ord. No. 493 § 7, 2-20-2001]
Designation may be amended or rescinded upon
petition to the Planning and Zoning Commission and compliance with
the same procedure and according to the same criteria set forth herein
for designation.
[R.O. 2004 § 415.080; Ord. No. 493 § 8, 2-20-2001]
A.
A "certificate of appropriateness" shall be required
before the following actions, affecting either the exterior architectural
appearance of any features noted in the original application for nomination
of any landmark or property within a historic district, may be undertaken.
1.
Any construction, alteration, removal or demolition,
in whole or in part, requiring a permit from the City of Bourbon.
2.
Construction, alteration, demolition or removal,
in whole or in part, not requiring a permit but affecting a significant
exterior architectural feature as specified in the ordinance designating
the landmark or historic district.
3.
Any violation of a minimum maintenance standard.
4.
Any construction, alteration, removal or demolition,
in whole or in part, proposed by the City of Bourbon or any of its
agencies or departments for a landmark or a structure within a historic
district and affecting a significant exterior architectural feature
as specified in the designation ordinance or which would require a
building permit if undertaken on privately owned property.
[R.O. 2004 § 415.090; Ord. No. 493 § 9, 2-20-2001]
No application for a building permit or demolition
affecting the exterior architectural appearance of a designated landmark
or of a property within a designated historic district shall be filed
with the Building Inspector until a certification of appropriateness
has been issued by the Planning and Zoning Commission. Any applicant
may request a meeting with the Planning and Zoning Commission before
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, including
actions necessary to meet minimum maintenance standards, shall be
made on a form prepared by the Planning and Zoning Commission and
available at the office of the Planning and Zoning Commission. Applicants
may be required to submit plans, drawings, elevations, specifications
and such other information as may be requested by the Planning and
Zoning Commission. The Planning and Zoning Commission shall consider
the completed application at its next regular meeting. The Planning
and Zoning Commission may call a special meeting to review routine
applications for a certificate of appropriateness when delay to the
next regular meeting would create an unnecessary inconvenience to
the applicant. A certificate of appropriateness may be issued prior
to the next regular meeting upon the majority vote of the members
of the Planning and Zoning Commission.
[R.O. 2004 § 415.100; Ord. No. 493 § 10, 2-20-2001]
Whenever the Planning and Zoning 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, it shall
make every reasonable effort to contact the owners, occupants, contractor
or subcontractor and inform them of the process of applying for a
certificate of appropriateness. If the Planning and Zoning Commission
determines that a stop-work order is necessary to halt an action that
requires a certificate of appropriateness, it shall 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
by the Planning and Zoning Commission for the same projects.
[R.O. 2004 § 415.110; Ord. No. 493 § 11, 2-20-2001]
A.
The Planning and Zoning Commission shall review the
application for a building or demolition permit or for a certificate
of appropriateness and issue or deny the certificate of appropriateness
within forty-five (45) days of receipt of the application. Written
notice of the approval or denial of the application for a certificate
of appropriateness shall be provided the applicant and the Building
Department within seven (7) days following the determination and shall
be accompanied by a certificate of appropriateness in the case of
an approval.
B.
A certificate of appropriateness shall become void
unless construction is commenced within six (6) months of the 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.
[R.O. 2004 § 415.120; Ord. No. 493 § 12, 2-20-2001]
A denial of certificate of appropriateness shall
be accompanied by a statement of the reasons for the denial. The Planning
and Zoning Commission shall make recommendations to the applicant
concerning changes, if any, in the proposed action which would cause
the Planning and Zoning 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 Planning and Zoning Commission.
The applicant may resubmit an amended application or reapply for a
building or demolition permit that takes into consideration the recommendations
of the Planning and Zoning Commission.
[R.O. 2004 § 415.130; Ord. No. 493 § 13, 2-20-2001]
A.
In considering an application for a building or demolition
permit or for a certificate of appropriateness, the Planning and Zoning
Commission shall be guided by the following general standards in addition
to any design guidelines in the ordinance designating the landmark
or historic district.
1.
Every reasonable effort shall be made to provide
a compatible use of a property which requires minimal alteration of
the building, structure or site and its environment or to use a property
for its originally intended purpose.
2.
The distinguishing original qualities or character
of a building, structure or site and its environment shall not be
destroyed. The removal or alteration of any historic material or distinctive
architectural features should be avoided when possible.
3.
All buildings, structures and sites shall be
recognized as products of their own time. Alterations that have no
historical basis and which seek to create an earlier appearance shall
be discouraged.
4.
Changes which may have taken place in the course
of time are evidence of the history and development of a building,
structure or site and its environment. These changes may have acquired
significance in their own right and this significance shall be recognized
and respected.
5.
Distinctive stylistic features or examples of
skilled craftsmanship which characterize a building, structure or
site shall be treated with sensitivity.
6.
Deteriorated architectural features shall be
repaired, rather than replaced, whenever possible. In the event replacement
is necessary, the new material should match the material being replaced
in compositor, design, color, texture and other visual qualities.
Repair or replacement of missing architectural features should be
based on accurate duplication of features substantiated by historic,
physical or pictorial evidence rather than on conjectural designs
or the availability of different architectural elements from other
buildings or structures.
7.
The surface cleaning of structures shall be
undertaken with the gentlest means possible. Sandblasting and other
cleaning methods that will damage the historic building materials
shall not be undertaken.
8.
Every reasonable effort shall be made to protect
and preserve archaeological resources affected by or adjacent to any
project.
9.
Contemporary design for alterations and additions
to existing properties and for new construction may be permitted when
such alterations, additions or new construction do not destroy significant
historical, architectural or cultural material and such design is
compatible with the size, scale, color, material and character of
the property, neighborhood or environment.
10.
Wherever possible, new additions or alterations
to structures shall be done in such a manner that, if such additions
or alterations were to be removed in the future, the essential form
and integrity of the structure would be unimpaired.
[R.O. 2004 § 415.140; Ord. No. 493 § 14, 2-20-2001]
A.
Design guidelines for review of applications for certificates
of appropriateness shall, at a minimum, include the following architectural
criteria:
1.
Height. The height of any proposed alteration
or construction should be compatible with the style and character
of the landmark and with surrounding structures in a historic district.
2.
Proportions Of Windows And Doors. The proportions
and relationships between doors and windows should be compatible with
the architectural style and character of the landmark and with surrounding
structures within a historic district.
3.
Relationship Of Building Masses And Spaces.
The relationship of a structure within a historic district to the
open space between it and adjoining structures should be compatible.
4.
Roof Shape. The design of the roof should be
compatible with the architectural style and character of the landmarks
and surrounding structures in a historic district.
5.
Landscaping. Landscaping should be compatible
with the architectural character and appearance of the landmark and
of surrounding structures and landscapes in historic districts.
6.
Scale. The scale of the structure after alteration,
construction or a partial demolition should be compatible with its
architectural style and character and with surrounding structures
in a historic district.
7.
Direction Expression. Facades in historic districts
should blend with other structures with regard to directional expression.
Structures in a historic district should be compatible with the dominant
horizontal or vertical expression of surrounding structures. The directional
expression of a landmark after alterations, construction or partial
demolition should be compatible with its original architectural style
and character.
8.
Architectural Details. Architectural details,
including materials, colors and textures, should be treated so as
to make a landmark compatible with its original character of significant
architectural style and to preserve and enhance the landmark or historic
district.
9.
Signage. The character of signs should be in
keeping with the historic or architectural character of a landmark
or historic district. Character of a sign includes the number, size,
area, scale, location, type (e.g., off-site advertising signs and
on-site business signs), letter size or style, and intensity and type
of illumination.
10.
Minimum Maintenance. Significant exterior architectural
features should be kept in a condition of good repair and maintenance.
All structural and mechanical systems should be maintained in a condition
and state of repair that will prevent decay, deterioration or damage
to significant architectural features or otherwise adversely affect
the historic or architectural character of structures within a historic
district.
