[Ord. No. 2000-46 §1(18-03), 4-10-2000]
A.
The
following requirements shalt be observed:
1.
Accessory uses. Uses incidental to and in the same
zone district as the principal use are allowed.
2.
Minimum lot size. Front yards, side yards, rear
yards.
Setbacks. All proposed developments, whether
new or amounting to expansions of existing uses, shall be reviewed
and approved by the Planning and Zoning Commission on matters related
to lot sizes, setbacks, side yards, etc.
3.
Maximum lot coverage. Sixty-five percent (65%).
4.
Maximum structure height. No principal structure
shall exceed three (3) stories or thirty-five (35) feet in height
5.
Buffer required. Where a Public Zone District is
located adjacent to another district in which the principal permitted
use is clearly in conflict with or may be negatively affected by a
permitted use in the Public Zone District, the Planning and Zoning
Commission may require buffer strips or other landscaping and related
measures as may be necessary to protect the public interest and/or
to comply with the spirit and intent of this Chapter.
[Ord. No. 2018-46, 6-11-2018]
A.
Purpose. The purpose of this Division is to promote the educational,
cultural, economic, and general welfare of the community by:
1.
Providing a mechanism to identify and preserve the distinctive
historic, archaeological and architectural characteristics of buildings,
structures, objects, sites, and districts, which represent elements
of the City's cultural, social, economic, political, and architectural
history;
2.
Fostering civic pride in the beauty and noble accomplishments
of the past;
3.
Conserving and improving the value of property designated as
landmarks or within historic districts;
4.
Providing for economic benefits to encourage business and residential
owners to locate and invest in historically significant properties;
5.
Protecting and enhancing the attractiveness of the City to home
buyers, tourists, visitors, and shoppers, and thereby supporting and
promoting business, commerce and industry, and providing economic
benefit to the City;
6.
Fostering and encouraging preservation, restoration, and rehabilitation
of historic buildings, structures, objects, sites, areas and neighborhoods,
and thereby preventing future urban blight;
7.
Promoting the use of historic districts and landmarks for the
education, pleasure, and welfare of the people of the City;
8.
Promoting the identification, evaluation, protection and interpretation
of the prehistoric and historic archaeological resources within the
incorporated limits of the City.
B.
ALTERATION
AREA
BOARD OF ADJUSTMENT
BUILDING
CERTIFICATE OF REVIEW
CONSTRUCTION
CULTURAL RESOURCES
DEMOLITION
DESIGN GUIDELINE
DISTRICT
EXTERIOR ARCHITECTURAL APPEARANCE
HISTORIC DISTRICT
HISTORIC SIGNIFICANCE
HPC
LANDMARK
MINIMUM MAINTENANCE
OBJECT
ORDINARY MAINTENANCE
OWNER OF RECORD
PUBLIC IMPROVEMENT PROJECT
REMOVAL
REPAIR
SECRETARY OF THE INTERIOR'S STANDARDS
SITE
STRUCTURE
SURVEY
Definitions. Unless specifically defined below, words or phrases
in this Division shall be interpreted so as to give them the same
meaning as they have in common usage and so as to give this Division
its most reasonable application.
Any act or process that changes one (1) or more historic,
architectural or physical features of an area, site, landscape, place
and/or structure, including, but not limited to, the erection, construction,
reconstruction, or removal of any structure; the expansion or significant
modification of agricultural activities; and clearing, grading or
other modification of an area, site, or landscape that changes its
current condition.
A specific geographic division of the City of Chillicothe.
A building, such as a house, barn, church, hotel, or similar
construction, which is created primarily to shelter any form of human
activity.
A certificate issued by the Historic Preservation Commission
(HPC) indicating its review of plans for alteration, construction,
removal or demolition of a landmark or of a structure within a historic
district.
The act of adding an addition to an existing structure or
the erection of a new principal or accessory structure on a lot or
property.
Districts, buildings, sites, structures, objects and evidence
of some importance to a culture, a subculture, or a community for
scientific, engineering, art tradition, religious or other reasons,
significant in providing resource and environmental data necessary
for the study and interpretation of past lifeways and for interpreting
human behavior.
Any act or process which destroys in part or in whole a landmark
or a structure within a historic district, or which threatens to destroy
a landmark or a structure within a historic district, or which destroys
or threatens to destroy a potentially significant property or structure
by failure to maintain it in a condition of good repair and maintenance.
A standard of appropriate activity that will preserve the
historic, prehistoric, architectural, scenic or aesthetic character
of a landmark or historic district.
A district possesses a significant concentration, linkage,
or continuity of buildings, structures, objects, and/or sites united
historically or aesthetically by plan or physical development.
The architectural character and general composition of the
exterior of a structure, including but not limited to the kind, color
and texture of the building material and the type, design and character
of all windows, doors, light fixtures, signs, and appurtenant elements.
An area designated as a "historic district" by ordinance
of the City Council which may include individual landmarks, as well
as other properties or structures which, while not of such historic
and/or architectural significance to be designated as landmarks, nevertheless
contribute to the overall visual characteristics and historical significance
of the historic district.
Character, interest or value as part of the development,
heritage, or culture of the community, county, State or country; as
the location of an important local, county, State or national event;
or through identification with a person or persons who made an important
contribution to the development of the community, county, State or
country.
Members of the Historic Preservation Commission.
A property or structure designated as a "landmark" by ordinance
of the City Council, pursuant to procedures prescribed herein, which
is worthy of rehabilitation, restoration, interpretation and preservation
because of its historic, architectural or archaeological significance
to the City of Chillicothe.
The minimum regulations governing the conditions and maintenance
of all existing structures, as set out in the 2015 Edition of the
International Existing Building Code, as published by the International
Code Council, adopted by the City Council of the City of Chillicothe,
Missouri, as such existing structures code shall be amended from time
to time by the City of Chillicothe.
Those constructions, and differentiated from buildings or
structures, that are primarily artistic in nature or are relatively
small in scale and simply constructed.
Any work for which a building permit is not required by municipal
ordinance, where the purpose and effect of such work is to correct
any deterioration or decay of, or damage to, a structure or any part
thereof and to restore the same, as nearly as may be practical, to
its condition prior to the occurrence of such deterioration, decay
or damage, and does not involve change of materials nor of form.
The person, corporation or other legal entity listed as owner
on the records of the County Recorder of Deeds.
An action by the City of Chillicothe or any of its departments
or agencies involving major modification or replacement of streets,
sidewalks, curbs, streetlights, street or sidewalk furniture, landscaping,
parking, or other portions of the public infrastructure servicing
commercial, residential, recreational or industrial development; or
any undertakings affecting City parks or City-owned structures.
Any relocation of a structure, object or artifact on its
site or to another site.
Any change that is not construction, alteration, demolition
or removal and is necessary or useful for continuing normal maintenance
and upkeep.
The Secretary of the Interior's Standards for the Treatment
of Historic Properties are sets of treatment standards intended to
assist users in making sound historic preservation decisions for the
preservation, rehabilitation, restoration or reconstruction of historic
properties. The Standards are codified as 36 CFR Part 68 in the July
12, 1995, Federal Register (Vol. 60, No. 133). The most current version
of The Standards should always be used.
The traditional, documented or legendary location of an event,
occurrence, action or structure significant in the life or lives of
a person, persons, groups, or tribe, or any place with evidence of
past human activity. Sites include, but are not limited to, cemeteries,
burial grounds, occupation and work areas, evidence of farming or
hunting and gathering, battlefields, settlements, estates, gardens,
groves, river crossings, routes and trails, caves, quarries, mines
or significant trees or other plant life.
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 landmarks
or districts worthy of preservation.
[Ord. No. 2018-46, 6-11-2018]
A.
Composition Of Historic Preservation Commission. The Historic Preservation
Commission (HPC) shall consist of five (5) members, residents of the
City of Chillicothe, all of whom shall be appointed by the Mayor and
approved by the City Council. In addition, a member of the City Council
and a member of the Planning and Zoning Board shall serve as ex-officio
members, but shall have no vote. A staff member of the City's Codes
Enforcement Office shall be appointed by the City Administrator to
serve as the City's Staff Liaison to the HPC. All Commission members
must have a demonstrated interest, competence or knowledge in historic
preservation. To the extent available in the community the HPC shall
include professional members representing such disciplines as architecture,
architectural history, prehistoric and historic archaeology, planning,
urban design, cultural geography, cultural anthropology, folklore,
curation, conservation, landscape architecture, law, real estate brokerage,
banking, history or other fields related to historic preservation,
and residents of historic districts or potential historic districts.
B.
Terms. The terms of office of the members of the HPC shall be for
three (2) years, excepting that the membership of the first HPC appointed
shall serve respectively for terms of one (1) for one (1) year; two
(2) for two (2) years; and two (2) for three (3) years. Vacancies
shall be filled for the unexpired term only. Action to fill vacancies
shall be initiated within sixty (60) days. The HPC shall hold at least
four (4) meetings per year, and any member of the HPC who fails to
attend at least fifty percent (50%) of all meetings, regular and special,
in any calendar year, shall thereby automatically vacate the membership.
C.
Officers. Officers shall consist of a chairman and a vice chairman
elected by the HPC who shall each serve a term of one (1) year and
shall be eligible for reelection; but no member shall serve as chairman
for more than two (2) consecutive years. The Council and Planning
and Zoning Board representatives shall not be eligible for office.
The chairman shall preside over meetings. In the absence of the chairman,
the vice chairman shall perform the duties of the chairman. If both
are absent, a temporary chairman shall be elected by those present.
The secretary of the HPC shall be appointed by the Codes Enforcement
Department and shall have the following duties:
1.
Take minutes of each HPC meeting;
2.
Be responsible for publication and distribution of copies of
the minutes, reports, and decisions to the members of the HPC;
3.
Give notice as provided herein by law for all public hearings
conducted by the HPC;
4.
Advise the Mayor of vacancies on the HPC and expiring terms
of members; and
5.
Prepare to submit to the Council a complete record of the proceedings
before the HPC on any matter requiring Council consideration.
D.
Meetings. A quorum shall consist of three (3) of the voting members.
All decisions or actions of the HPC shall be made by a majority vote
of those members present and voting at any meeting where a quorum
exists. Meetings shall be held at regularly scheduled times to be
established by resolution of the HPC at the beginning of each calendar
year or at any time upon the call of the chairman, but no less than
once each quarter. Public notice of all meetings shall be posted in
conformance with standard City policy and Section 610.020, RSMo. No
member of the HPC shall vote on any matter that may materially or
apparently affect the property, income, or business interest of that
member. No action shall be taken by the HPC that could in any manner
deprive or restrict the owner of property in the owner's right of
use, modification, maintenance, disposition, or demolition. The chairman
and, in his absence, the acting chairman may administer oaths and
require the attendance of witnesses. All meetings of the HPC shall
be open to the public except as allowed by State law. The HPC shall
keep minutes of its proceedings, showing the vote, indicating such
fact, and shall keep records of its examinations and other official
actions, all of which shall be immediately filed in the office of
the City Clerk and shall be public record. All HPC rules of procedure,
designation criteria, design guidelines and forms shall be available
to the public at the office of the City Clerk.
E.
Funding. The HPC may, with the consent of the City Council, apply
for, receive, or expend any Federal, State or private grant, grant-in-aid,
gift or bequest, in furtherance of the general purposes of this Division.
F.
Compensation. The members shall be compensated at the same monetary
rate as members of any other board serving the City of Chillicothe,
except that the compensation shall be limited to not more than one
(1) meeting per month, and shall be reimbursed for expenses they incur
while on board business.
G.
Powers And Duties. The HPC shall have the following powers and duties:
1.
To conduct an ongoing survey for the identification of historically,
archaeologically and architecturally significant properties, structures,
sites and areas that exemplify the cultural, social, economic, political,
or architectural history of the nation, State or City; and to maintain
the research information in an inventory accessible to the public
(except for archaeological site locations, which shall be restricted);
2.
To investigate and recommend to the Planning and Zoning Board
and to the City Council the adoption of ordinances designating properties
or structures having special cultural, historic, archaeological, community
or architectural value as landmarks;
3.
To investigate and recommend to the Planning and Zoning Board
and the City Council the adoption of ordinances designating areas
as having special cultural, historic, archaeological, community or
architectural value as historic districts;
4.
To keep a register of all properties and structures which have
been designated as landmarks or historic districts, including all
information required for each designation;
5.
To confer recognition upon the owners of landmarks and property
or structures within historic districts by means of certificates,
plaques, or markers; and to make recommendations for the design and
implementation of specific markings of the streets and routes leading
from one landmark or historic district to another;
6.
To advise and assist owners of landmarks and property or structures
within historic districts on physical and financial aspects of preservation,
renovation, rehabilitation, and reuse, and on procedures for inclusion
on the National Register of Historic Places;
7.
To nominate landmarks and historic districts to the Chillicothe
Historic Register, and to the National Register of Historic Places,
and to review and comment on any nominations to the National Register
of Historic Places;
8.
To inform and educate the citizens of the City of Chillicothe
concerning the historic, archaeological and architectural heritage
of the City through publication or sponsorship of maps, newsletters,
brochures, pamphlets, programs and seminars by the City, the HPC,
or other appropriate parties;
9.
To review construction, alteration, removal or demolition projects
for which a building or demolition permit is required for the exterior
facade of the building and which have been referred to the HPC by
the Codes Department; which projects may affect proposed or designated
landmarks or structures within historic districts; and issue certificates
of review and recommendations for such actions. Plans, drawings, elevations
and specifications (for building permits), photographs and/or other
information included as part of the building permit or demolition
applications will be provided (as available) to the HPC by the Planning
and Zoning Department to allow the HPC to undertake an informed review
process;
10.
To hold public hearings on each proposed nomination of a landmark
and of a historic district and on the guidelines developed for each
nomination;
11.
To develop specific design guidelines based on the Secretary
of the Interior's Standards for Rehabilitation for the alteration,
construction, or removal of landmarks or property and structures within
historic districts;
12.
If referred to the HPC by the City, to review proposed zoning
amendments, applications for special use permits, or applications
for zoning variances that affect proposed or designated landmarks
or historic districts;
13.
To administer on behalf of the City of Chillicothe any property
of historical significance or full or partial interest in real property,
including easements, that the City of Chillicothe may have or accept
as a gift or otherwise, upon approval by the City Council;
14.
To accept and administer on behalf of the City of Chillicothe,
upon approval of the Council, such gifts, grants, and money as may
be appropriate for the purposes of this Division. Such money may be
expended for publishing maps and brochures or for hiring staff persons
or consultants or performing other functions for the purpose of carrying
out the duties and powers of the HPC and the purposes of this Division;
15.
To call upon available City staff members as well as other experts
for technical advice;
16.
To retain such specialists or consultants or to appoint such
citizen advisory committees as may be required from time to time;
17.
To testify before all boards and commissions, including the
Planning and Zoning Board and the Board of Adjustments on any matter
affecting historically, archaeologically, culturally and architecturally
significant property, structures, sites and areas;
18.
To make recommendations to the City Council concerning budgetary
appropriations to further the general purposes of this Division;
19.
To develop a preservation component in the Master Plan of the
City of Chillicothe and to recommend it to the Planning and Zoning
Board and to the City Council;
20.
To periodically review the City of Chillicothe Zoning Ordinance
and to recommend to the Planning and Zoning Board and the City Council
any amendments appropriate for the continued use of landmarks or property,
sites and structures within historic districts; and
21.
To undertake any other action or activity necessary or appropriate
to the implementation of its powers and duties or to implementation
of the purpose of this Division.
[Ord. No. 2018-46, 6-11-2018]
A.
The HPC may undertake an ongoing survey and research effort in the
City of Chillicothe to identify neighborhoods, areas, sites, structures,
and objects that have historic, cultural, archaeological, architectural
or aesthetic importance, interest or value, and shall maintain an
inventory of that information. Before the HPC shall on its own initiative
nominate any landmark or district for designation, it shall develop
a plan and schedule for conducting a comprehensive survey of the City
of Chillicothe to identify significant resources. As part of the survey,
the HPC may review and evaluate any prior surveys and studies by any
unit of government or private organization and compile appropriate
descriptions, facts, and photographs. The HPC may systematically identify
potential landmarks and historic districts and adopt procedures to
nominate them based upon the following criteria:
1.
The potential landmarks and historic districts in one (1) identifiable
neighborhood or distinct geographical area of the City of Chillicothe;
2.
The potential landmarks and historic districts associated with
a particular person, event, or historical period;
3.
The potential landmarks and historic districts of a particular
architectural style or school, or of a particular architect, engineer,
builder, designer, or craftsman;
4.
The potential landmarks and historic districts containing historic
and prehistoric archaeological resources with the potential to contribute
to the understanding of historic and prehistoric cultures;
5.
Such other criteria as may be adopted by the HPC to assure systematic
survey and nomination of all potential landmarks and historic districts
within the City of Chillicothe.
B.
All inventory material shall be in conformance with standards and
guidelines for cultural resource inventory as established by the State
Historic Preservation Office.
[Ord. No. 2018-46, 6-11-2018]
A.
General. Nominations shall be made to the HPC on a form prepared
by it and may be submitted by an owner of record of the nominated
property or structure, or a member of the HPC or the City Council
with written consent from the building owner. Nominations shall be
turned in to the City Clerk, who will within seven (7) days of receipt
mail a notification of intent to nominate to the owner of record of
the nominated property. Forms and criteria for nomination will be
available at the office of the City Clerk.
B.
Criteria For Consideration Of Nomination.
1.
The HPC shall, upon such investigation as it deems necessary,
make a determination as to whether a nominated property, structure,
object, site, area or district meets one (1) or more of the following
criteria, based on Criteria for Evaluation for the National Register
of Historic Places:
a.
Its character, interest, or value as part of the development,
heritage, or cultural characteristics of the community, county, State
or country;
b.
Its overall setting and harmony as a collection of buildings,
structures, objects where the overall collection forms a unit;
c.
Its potential to be returned to an accurate historic appearance
regardless of alterations or insensitive treatment that can be demonstrated
to be reversible;
d.
Its location as a site of a significant local, county, state,
or national event;
e.
Its identification with a person or persons who significantly
contributed to the development of the community, county, State, or
country;
f.
Its embodiment of distinguishing characteristics of an architectural
type valuable for the study of a period, type, method of construction,
or use of indigenous materials;
g.
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;
h.
Its embodiment of elements of design, detailing, materials,
or craftsmanship that render it architecturally significant;
i.
Its embodiment of design elements that make it structurally
or architecturally innovative;
j.
Its unique location or singular physical characteristic that
make it an established or familiar visual feature of the neighborhood,
community, or City;
k.
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;
l.
Its potential to yield information important to history and
prehistory.
2.
Any structure, property, or area that meets one (1) or more
of the above criteria shall also have sufficient integrity of location,
design, materials, and workmanship to make it worthy of preservation
or restoration.
C.
Public Hearing On Landmarks And Historic Districts. Upon receipt
of a completed nomination of a landmark or historic district, the
HPC may schedule a public hearing to solicit input and comment on
the proposed nomination.
D.
Report And Recommendation Of HPC.
1.
The HPC shall within forty-five (45) calendar days from receipt of a completed nomination in proper form adopt by resolution a recommendation that the nominated landmark or historic district does or does not meet the criteria for designation in Section 405.944 of this Division. The resolution shall be accompanied by a report to the Planning and Zoning Board containing the following information:
3.
In the case of a nominated historic district found to meet the
criteria for designation:
a.
The types of significant exterior architectural features of
the structures within the nominated historic district;
b.
The type and significance of historic and prehistoric archaeological
sites within the nominated historic district;
c.
Proposals for design guidelines which will guide HPC recommendations
accompanying certificates of review within the nominated landmark
or historic district;
d.
The relationship of the nominated landmark or historic district
to the ongoing effort of the HPC to identify and nominate all potential
cultural resources that meet the criteria for designation;
e.
Recommendations as to appropriate permitted uses, special uses,
height and area regulations, minimum dwelling size, floor area, sign
regulations, lot size, and parking regulations necessary or appropriate
to the preservation of the nominated landmark or historic district,
including recommendations for buffer zones to protect and preserve
visual integrity;
f.
A map showing the location of the nominated landmark and/or
the boundaries of the nominated historic district.
4.
The recommendations and report of the HPC regarding historic
districts shall be sent to the Planning and Zoning Board within seven
(7) days following the vote on the resolution and shall be available
to the public in the office of the City Clerk.
E.
Notification Of Nomination. The Planning and Zoning Board shall schedule
and hold a hearing on the nomination following receipt of a report
and recommendation from the HPC that a nominated historic district
does or does not meet the criteria for designation. The meeting shall
be scheduled, held and conducted in the same manner as other meetings
to consider applications for Zoning Map amendments or ordinance amendments.
Notice of the date, time, place and purpose of the meeting and a copy
of the completed nomination form shall be sent by regular mail to
the owner(s) of record and to the nominators.
F.
Public Hearing. Oral or written testimony concerning the significance of the nominated landmark or historic district shall be taken at the public hearing from any person concerning the nomination. The HPC may present expert testimony or present its own evidence regarding the compliance of the nominated landmark or historic district with the criteria for consideration of a nomination set forth in Section 405.944 of this Division. The owner of any nominated landmark or of any property within a nominated historic district shall be allowed reasonable opportunity to present evidence regarding significance and shall be afforded the right of representation by counsel and reasonable opportunity to cross-examine expert witnesses. The hearing shall be closed upon completion of testimony.
G.
Determination By Planning And Zoning Board. Within sixty (60) calendar days following close of the public hearing, the Planning and Zoning Board shall make a determination upon the evidence whether the nominated historic district does or does not meet the criteria for designation. Such a determination shall be made upon a motion and vote of the Planning and Zoning Board and shall be accompanied by a report stating the findings of the Planning and Zoning Board concerning the relationship between the criteria for designation in Section 405.944 of this Division and the nominated historic district and all other information required by Section 405.944 of this Division.
H.
Notification Of Determination. Notice of the determination of the
Planning and Zoning Board, including a copy of the report, shall be
sent by regular mail to the owner of record of all property within
a nominated historic district and to the nominator within seven (7)
days following adoption of the resolution. Within seven (7) days following
a determination by the Planning and Zoning Board that the nominated
historic district does meet the criteria for designation, a copy of
the resolution and report accompanied by a recommendation that the
nominated historic district be designated shall be sent to the City
Council.
I.
Action By City Council. The City Council shall, within sixty (60)
calendar days after receiving the recommendation that the nominated
landmark or historic district be designated or rejected, make a final
determination regarding the landmark or historic district by an ordinance.
J.
The Designation Ordinance. Upon designation, the historic district
shall be classified as a "District H — Historic," and the designating
ordinance shall prescribe the significant features; the types of projects
requiring a building or demolition permit that should be reviewed
prior to being undertaken; the design guidelines for applying the
criteria for a certificate of review; permitted uses; special uses;
height and area regulation; minimum dwelling size; floor area; lot
size; sign regulation; and parking regulations. The Official Zoning
Map of the City of Chillicothe shall be amended to show the location
of the "District H-Historic" as an overlay zone.
K.
Amendment And Rescission Of Designation. Designation may be amended
or rescinded upon petition to the HPC and compliance with the same
procedure and according to the same criteria set forth herein for
designation. Upon the purchase of a property in a locally designated
district, the purchaser will have the right to rescind designation
status or to apply for designation status.
[Ord. No. 2018-46, 6-11-2018]
A.
A certificate of review shall be issued for the following actions
affecting the significance of the exterior facade of landmark or structure
within a historic district. Interior renovations are excluded.
B.
Notification of applications received for building and demolition
permits for landmarks or structures within a historic district shall
be forwarded by the Codes Enforcement Office to the HPC within seven
(7) days following receipt of a complete application. The Codes Enforcement
Office will share any materials provided by the permit applicant with
the HPC so that the HPC may conduct an informed project review and
make appropriate recommendations as to how the project can be completed
so that it meets the Secretary of the Interior's Standards. Shared
materials should include, but not necessarily be limited to, project
descriptions, current photographs of the building, and project design
drawings (for building permit applicants only). Any applicant may
request a meeting with the HPC before the application is reviewed
by the HPC or during the review of the application. The HPC shall
consider the completed application and conduct the design review process
at its next regular meeting. Certificates of review, accompanied by
written recommendations, shall be issued by the HPC within seven (7)
calendar days of the HPC's project review, and given to the Codes
Enforcement Department, which will provide a copy to the permit applicant.
Permit applicants are encouraged but not required to be present at
the HPC reviews of their projects in order to answer any questions
the HPC may have, and to discuss the HPC's recommendations that will
accompany the certificate of review. No additional paperwork or undue
burden besides the building or demolition permit will need to be completed
during this process by the building owner.
C.
Compliance with the HPC recommendations accompanying certificates
of review will be entirely voluntary on the part of the permit applicant.
[Ord. No. 2018-46, 6-11-2018]
A.
The HPC may review the information accompanying an application for
a building or demolition permit, and, upon receipt of a complete application,
issue a certificate of review within thirty (30) days of receipt.
Written notice of the certificate of review shall be provided to the
applicant and the Codes Enforcement Office within seven (7) days following
the review and shall be accompanied by a certificate of review.
B.
A certificate of review shall become void unless construction is
commenced or demolition is completed within twelve (12) months of
date of issuance. Certificates of review shall be issued for a period
of eighteen (18) months for building permits and are renewable.
C.
All recommendations by the Historic Preservation Commission are voluntary.
[Ord. No. 2018-46, 6-11-2018]
A.
In considering a certificate of review and recommendations, the HPC
shall be guided in principle by the Secretary of the Interior's Standards,
as follows, in addition to any design guidelines in the ordinance
designating the landmark or historic district or adopted by separate
ordinance. Applications, standards for review and design guidelines
shall be available in the office of the City Clerk for distribution
to the public. These standards are to be used for recommendation purposes
by the Historic Preservation Commission and do not bind the property
owner in any way.
1.
A property shall be used for its historic purpose or be placed
in a new use that requires minimal change to the defining characteristics
of the building and its site and environment.
2.
The historic character of a property shall be retained and preserved.
The removal of historic materials or alteration of features and spaces
that characterize a property shall be avoided.
3.
Each property shall be recognized as a physical record of its
time, place, and use. Changes that create a false sense of historical
development, such as adding conjectural features or architectural
elements from other buildings, shall not be undertaken.
4.
Most properties change over time; those changes that have acquired
historic significance in their own right shall be retained and preserved.
5.
Distinctive features, finishes, and construction techniques
or examples of craftsmanship that characterize a historic property
shall be preserved.
6.
Deteriorated historic features shall be repaired rather than
replaced. Where the severity of deterioration requires replacement
of a distinctive feature, the new feature shall match the old in design,
color, texture, and other visual qualities and, where possible, materials.
Replacement of missing features shall be substantiated by documentary,
physical, or pictorial evidence.
7.
Chemical or physical treatments, such as sandblasting, that
cause damage to historic materials shall not be used. The surface
cleaning of structures, if appropriate, shall be undertaken using
the gentlest means possible.
8.
Significant archaeological resources affected by a project shall
be protected and preserved. If such resources must be disturbed, mitigation
measures shall be undertaken.
9.
New additions, exterior alterations, or related new construction
shall not destroy historic materials that characterize the property.
The new work shall be differentiated from the old and shall be compatible
with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment.
10.
New additions and adjacent or related new construction shall
be undertaken in such a manner that if removed in the future, the
essential form and integrity of the historic property and its environment
would be unimpaired.
[Ord. No. 2018-46, 6-11-2018]
A.
Design guidelines for applying the standards for a certificate of
review shall, at a minimum, consider the following architectural criteria:
1.
Height. The height of any proposed alteration or construction
should be compatible with the style and character of the landmark
and with surrounding structures in 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 setback and
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 landmark, and with surrounding
structures in a historic district.
5.
Landscaping. Landscaping should be compatible with the architectural
character and appearance of the landmark and of surrounding structures
and landscapes in historic districts.
6.
Scale. The scale of the structure after alteration, construction,
or partial demolition should be compatible with its architectural
style and character and with surrounding structures in a historic
district.
7.
Directional Expression. Facades in historic districts should
blend with other structures with regard to directional expression.
Structures in a historic district should be compatible with the dominant
horizontal or vertical expression of surrounding structures. The directional
expression of a landmark after alteration, construction, or partial
demolition should be compatible with its original architectural style
and character.
8.
Architectural Details. Architectural details, including materials,
colors, and textures, should be treated so as to make a landmark compatible
with its original architectural style and character and to preserve
and enhance the architectural style or character of a landmark or
historic district.
9.
Signage. The character of signs should be in keeping with the
historic architectural character of a landmark or historic district.
Character of a sign includes the number, size, area, scale, location,
type, (e.g., off-site advertising signs and on-site business signs),
letter size or style, and intensity and type of illumination. These
guidelines are to be used for recommendation purposes by the Historic
Preservation Commission and do not bind the property owner in any
way.
[Ord. No. 2018-46, 6-11-2018]
A.
Ordinary Maintenance Exclusion. Nothing in this Division shall be
construed as to prevent the ordinary maintenance or repair of any
exterior elements of any building or structure.
[Ord. No. 2018-46, 6-11-2018]
None of the provisions of this Division shall be construed to
prevent any measures of construction, alteration, or demolition necessary
to correct or abate the unsafe or dangerous condition of any structure,
other feature or part thereof, where such condition has been declared
unsafe or dangerous by the Code Enforcement Officer, and where the
proposed measures have been declared necessary, by such department
or departments, to correct the said condition; provided, however,
that only such work as is reasonably necessary to correct the unsafe
or dangerous condition may be performed pursuant to this Section.
In the event any structure or other feature shall be damaged by fire
or other calamity, or by Act of God or by the public enemy, to such
an extent that in the opinion of the aforesaid department or departments
it cannot reasonably be repaired and restored, it may be removed in
conformity with normal permit procedures and applicable laws.
