Editor's Note: Ord. no. 08-9-2 has established terms for this
board of historic preservation to be uniform with the terms of other
boards and commissions with terms commencing September 30, 2009.
Note — Ord. no. 10-06-07 §1, adopted June 21, 2010,
sets out the Excelsior Springs Historic Preservation and Revitalization
Plan ("Plan"), which is on file in the city offices and incorporated
herein and is hereby adopted and approved for use as a planning tool
for city staff, boards and commissions, the city council, and other
groups and organizations engaged in community-based initiatives with
interests in protecting and experiencing cultural resources.
[R.O. 2012 §402.010; Ord. No. 90-4-4 §1, 4-16-1989; Ord. No. 22-07-01, 7-18-2022]
There is hereby established a Historic Preservation District
which shall consist of all that area designated as such by the Official
Zoning Map of the City of Excelsior Springs. Areas in a Historic Preservation
District shall be subject to the zoning regulations of the zoning
assigned to those areas, and, in addition, those areas, including
landmarks, shall also be subject to the rules established by this
Chapter.
[R.O. 2012 §402.020; Ord. No. 90-4-4 §1, 4-16-1989; Ord. No. 22-07-01, 7-18-2022]
A.
The purpose of this Chapter 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 and architectural characteristics of Excelsior Springs 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 as represented in Excelsior Springs Landmarks and Historic
Districts;
3.
Conversing and improving the value of property designated as
landmarks or within Historic Districts;
4.
Protecting and enhancing the attractiveness of the City to homebuyers,
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.
[R.O. 2012 §402.030; Ord. No. 90-4-4 §1, 4-16-1989; Ord. No. 22-07-01, 7-18-2022]
Unless specifically defined below, words or phrases in this
Section shall be interpreted so as to give them the same meaning as
they have in common usage and so as to give this Section its most
reasonable application.
Any act or process that changes one (1) or more of the exterior
architectural features of a structure, including, but not limited
to, the erection, construction, reconstruction, or removal of any
structure.
A specific geographic division of the City of Excelsior Springs.
A design permit issued by the Building Inspector, indicating
approval of the plans for alteration, construction, removal or demolition
of a Landmark or of a structure within a Historic District. A Certificate
will be denied for any work on a building that would destroy, alter,
or remove significant exterior architectural features or construction
element.
Members of the Excelsior Springs Historic Preservation Commission
(ESHPC).
The act of adding an addition to an existing structure or
the erection of a new principal or accessory structure on a lot of
property.
The City Council of the City of Excelsior Springs.
Any act or process which destroys in part or in whole a Landmark
or structure within a Historic District, or which threatens to destroy
a Landmark or a structure within a Historic District by failure to
maintain it in a good condition of good repair and maintenance.
A general guide of appropriate activity that will preserve
the historic and architectural character of a structure or areas.
The Excelsior Springs Historic Preservation Commission.
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 materials and the type, design and character
of all windows, doors, light fixtures, signs and appurtenant elements.
An area designated as a "Historic District" by the City Council
and which may contain within definable geographic boundaries one (1)
or more Landmarks and which may have within its boundaries other properties
or structures which, while not of such historic and/or architectural
significance to be designated as Landmarks, nevertheless contribute
to the overall visual characteristics of the Landmark or Landmarks
located within the Historic District.
A property or structure designated as a "Landmark" by the
City Council, pursuant to procedures prescribed herein, which is worthy
of rehabilitation, restoration, and preservation because of its historic
and/or architectural significance to the City of Excelsior Springs.
The person, corporation or other legal entity listed as the
owner on the records of the County Record of Deeds.
An action by the City of Excelsior Springs or any of its
departments or agencies involving major modification or replacement
of streets, sidewalks, curbs, street lights, street or sidewalk furniture,
landscaping, or other portions of the public infrastructure servicing
commercial, residential, or industrial development.
Any relocation of a structure on its site or to another site.
Any change that is not construction, removal or alteration.
An order of the City Council or Building Official directing
an owner, occupant, contractor or subcontractor to halt an action
for which a Certificate of Appropriateness is required, and notifying
the owner, occupant, contractor or subcontractor of the application
process for a Certificate of Appropriateness.
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, satellite dishes, supporting towers,
and swimming pools.
[R.O. 2012 §402.040; Ord. No. 90-4-4 §1, 4-16-1989; Ord. No. 17-08-01 § 1, 8-7-2017; Ord. No. 22-07-01, 7-18-2022]
The Excelsior Springs Historic Preservation Commission shall
consist of seven (7) members, four (4) whom must be residents of Excelsior
Springs, all of whom shall be appointed by the Mayor and approved
by the City Council. The Mayor shall make every reasonable effort
to appoint residents of Excelsior Springs with a demonstrated interest
in the history or architecture of the City of Excelsior Springs, including
a registered architect or engineer, a person having at least five
(5) years' experience in construction, a person having at least
five (5) years' experience in real estate, a historian living
in the community at least twenty (20) years, and three (3) individuals
chosen from the citizens at large with reference to their fitness
for such office, and no member of the Municipal Government shall be
a member of the Commission due to the need to attract individuals
registered as an architect or engineer, or with experience in construction
or real estate, non-residents may be selected to fill these positions
if they are not available among residents of Excelsior Springs.
[R.O. 2012 §402.050; Ord. No. 90-4-4 §1, 4-16-1989; Ord. No. 22-07-01, 7-18-2022]
The terms of office of the members of the ESHPC shall be for
three (3) years. Vacancies shall be filled for the unexpired term
only. Commissioners serve at the pleasure of the Council.
[R.O. 2012 §402.060; Ord. No. 90-4-4 §1, 4-16-1989; Ord. No. 22-07-01, 7-18-2022]
A.
Officers shall consist of a Chairman, a Vice Chairman, elected by
the ESHPC who shall each serve a term of one (1) year and shall be
eligible for re-election. The Chairman shall preside over the meetings.
In the absence of the Chairman, the Vice Chairman shall perform the
duties of the Chairman. The officers shall assure that the following
duties of the ESHPC are performed.
1.
Preparation of minutes of each ESHPC meeting;
2.
Publication and distribution of copies of the minutes, reports
and decisions of the ESHPC to the member of the ESHPC, Planning Commission,
and City Council.
3.
Provision of notice as required herein or by law for all public
hearings conducted by the ESHPC.
4.
Notification to the Mayor of vacancies on the ESHPC and expiring
terms of members;
5.
Preparation and submission to the City Council of a complete
record of the proceedings before the ESHPC on all matters requiring
Council consideration.
[R.O. 2012 §402.070; Ord. No. 90-4-4 §1, 4-16-1989; Ord. No. 22-07-01, 7-18-2022]
A quorum shall consist of at least four (4) members. All decisions
or actions of the ESHPC 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 ESHPC at the beginning of each calendar year or at any time
upon the call of the Chairman. No member of the ESHPC shall vote on
any matter which may materially or apparently affect the property,
income or business interest of that member. No action shall be taken
by the Commission which could in any manner deprive or restrict the
owner of a property in its use, modification, maintenance, disposition
or demolition until such owner shall first have had the opportunity
to be heard at public meeting of the ESHPC, as provided herein. All
meetings of the ESHPC shall be open to the public. The ESHPC 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, forwarded to the Council, ESHPC, and shall be a public
record.
[R.O. 2012 §402.080; Ord. No. 90-4-4 §1, 4-16-1989; Ord. No. 94-12-2 §I, 12-19-1994; Ord. No. 22-07-01, 7-18-2022]
A.
The ESHPC shall have the following powers and duties:
1.
To adopt its own procedural regulations.
2.
To conduct an ongoing survey to identify historically and architecturally
significant properties, structures and areas, that exemplify the cultural,
social, economic, political, or architectural history of the Nation,
State or City.
3.
To investigate, and recommend to the Planning and Zoning Commission
and to the City Council the designation of properties or structures
having special historic, community or architectural value as "Landmarks."
4.
To investigate, and recommend the Planning and Zoning Commission
and to the City Council the designation of areas having special historic,
community or architectural value as "Historic Districts."
5.
To keep a register of all properties and structures which have
been designated as Landmarks or Historic Districts, including all
information required for each designation.
6.
To confer recognition upon the owners of Landmarks or 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 (1) Landmark or Historic District to another.
7.
To advise and assist owners of Landmarks and property or structures
within Historic Districts on physical and financial aspects of preservation,
renovation, rehabilitation and reuse, and on procedures for inclusion
on the National Register of Historic Places.
8.
To nominate Landmarks and Historic Districts to the National
Register of Historic Places, and to review and comment on any National
Register nominations submitted to the ESHPC upon request of the Mayor
or City Council.
9.
To inform and educate the citizens of Excelsior Springs concerning
the historic and architectural heritage of the City by publishing
appropriate maps, newsletters, brochures and pamphlets, and by holding
programs and seminars.
10.
The ESHPC to review applications for Certificates of Appropriateness,
construction, alteration, removal or demolition affecting designated
Landmarks or structures within Historic Districts. Applicants may
be required to submit plans, drawings, elevations, specifications
and other information as may be necessary to make decisions.
11.
To review stop work orders issued for any construction, alteration,
removal or demolition undertaken without a Certificate of Appropriateness.
12.
To develop specific design guidelines for the alteration, construction
or removal of Landmarks, or property and structures within Historic
Districts for approval by the Council.
13.
To review proposed zoning amendments, applications for Special
Use Permits or application for zoning variances that affect designated
Landmarks and Historic Districts. The Director of Community Development
shall send applications for special use or zoning variances to the
ESHPC for comment prior to the date of the hearing by the Planning
and Zoning Commission, or Board of Zoning Adjustment.
14.
To call upon available City staff members as well as other experts
for technical advice.
15.
To retain such specialists or consultants, or to appoint such
citizen advisory committees, as may be required from time to time.
16.
Upon request, provide advisory opinion before all boards and
commission including the Planning and Zoning Commission and the Board
of Zoning Adjustment on any matter that may affect historically and
architecturally significant property, structures and areas.
17.
To develop a preservation component in the General Plan of the
City of Excelsior Springs and to recommend it to the Planning and
Zoning Commission and to the City Council.
18.
To periodically review the Excelsior Springs Zoning Ordinance
and to recommend to the Planning and Zoning Commission and the City
Council any amendments appropriate for the structures within Historic
Districts.
[R.O. 2012 §402.090; Ord. No. 90-4-4 §1, 4-16-1989; Ord. No. 22-07-01, 7-18-2022]
A.
The ESHP Commission shall undertake an ongoing survey and research
effort in the City of Excelsior Springs to identify neighborhoods,
areas, sites, structures, and objects which have historic, community,
architectural, or aesthetic importance, interest, or value. As part
of the survey, the ESHP Commission may review and evaluate any prior
surveys and studies by any unit of government or private organization
and compile appropriate descriptions, facts, and photographs. Before
the ESHP Commission shall on its own initiative nominate any Landmark
or District it shall first develop a plan and schedule for completing
a survey of the City of Excelsior Springs to identify potential Landmarks
or Districts. The ESHP Commission shall then systematically identify
potential Landmarks and Districts and adopt procedures to nominate
them individually or in groups based upon the following criteria:
1.
The potential Landmarks or Districts in one (1) identifiable
neighborhood or distinct geographical area of the City of Excelsior
Springs.
2.
The potential Landmarks or Districts associated with a particular
person, event or historical period;
3.
The potential Landmarks or Districts of a particular architectural
style or school, or a particular architect, engineer, builder, designer,
or craftsman.
4.
Such other criteria as approved by the Planning Commission and
Council to assure systematic survey and nomination of all potential
Landmarks and Districts within the City of Excelsior Springs.
[R.O. 2012 §402.100; Ord. No. 90-4-4 §1, 4-16-1989; Ord. No. 22-07-01, 7-18-2022]
Nominations shall be made to the ESHP Commission on a form prepared
by it and may be submitted by a member of the ESHP Commission; owner
of record of the nominated property or structure; or City Council.
[R.O. 2012 §402.110; Ord. No. 90-4-4 §1, 4-16-1989; Ord. No. 22-07-01, 7-18-2022]
A.
The ESHP 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 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 of 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 elements that make it structurally
or architecturally innovative;
8.
Its unique location or singular physical characteristics that
makes it an established or familiar visual feature;
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; and/or
10.
Its suitability for preservation or restoration.
|
Any structure, property, or area that meets one (1) or more
of the ESHPC above criteria shall also have sufficient integrity of
location, design, materials, and workmanship to make it worthy of
preservation or restoration
|
[R.O. 2012 §402.120; Ord. No. 90-4-4 §1, 4-16-1989; Ord. No. 22-07-01, 7-18-2022]
A nomination of a Landmark or District shall be considered an application for amendment of the Official Zoning Map of the City of Excelsior Springs provided in Section 404.090 of the Zoning Ordinances of the City of Excelsior Springs. All procedures as provided in said Section and by State Law shall be followed by the Planning and Zoning Commission and City Council. The fee required under Section 404.030 shall not be required upon nomination by the ESHP Commission. The Planning and Zoning Commission may consider Zoning Amendment Application by others all as provided by Section 404.090
[R.O. 2012 §402.130; Ord. No. 90-4-4 §1, 4-16-1989; Ord. No. 22-07-01, 7-18-2022]
The Planning and Zoning Commission shall schedule and hold a
public hearing for all nominations. The hearing shall be scheduled,
held and conducted in the same manner as other hearings to consider
application for zoning map amendments or ordinance amendments.
Notice of date, time, place, and purpose of the public hearing
and a copy of the completed nomination form shall be sent by regular
mail to the owner(s) of record and to the nominator, as well as to
property owners adjoining the nominated Landmark or Historic District
at least fifteen (15) days prior to the date of the hearing. Notice
shall also be published in a newspaper having general circulation
in the City of Excelsior Springs. The notice shall state the street
address and legal description of a nominated Landmark and the boundaries
of a nominated Historic District.
[R.O. 2012 §402.140; Ord. No. 90-4-4 §1, 4-16-1989; Ord. No. 22-07-01, 7-18-2022]
A.
A Certificate of Appropriateness shall be required before the following
actions affecting the exterior architectural appearance of any Landmark
or property within a Historic District may be undertaken:
1.
Any construction, alteration or removal requiring a building
permit form the City of Excelsior Springs.
2.
Any demolition in whole or in part requiring a permit from the
City of Excelsior Springs.
3.
Any violation of a minimum maintenance standard, or construction,
alteration, demolition or removal affecting a significant exterior
architectural feature or features.
4.
Any construction, alteration, removal, or demolition in whole
or in part proposed by the City of Excelsior Springs or any of its
agencies or departments for a Landmark or a structure within a Historic
District and affecting a significant exterior architectural feature,
structure, or district.
5.
The provisions of a Certificate of Appropriateness shall be
waived in the event of an emergency situation as determined by the
Director of Community Development or emergency personnel of the City
of Excelsior Springs, i.e., Fire Department, Police.
[R.O. 2012 §402.150; Ord. No. 90-4-4 §1, 4-16-1989; Ord. No. 94-12-2 §I, 12-19-1994; Ord. No. 14-07-05 §15, 7-21-2014; Ord. No. 22-07-01, 7-18-2022]
Application fees shall be as specified in the Schedule of Fees,
Title I, Appendix A. No application for a building permit or demolition
permit affecting the exterior architectural appearance of a designated
Landmark or of a property within a designated Historic District shall
be approved by the Director of Community Development until a Certificate
of Appropriateness has been issued. Any applicant may request a meeting
with the ESHP 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 ESHP
Commission and available at the Office of the Director of Community
Development. The City of Excelsior Springs or any of its agencies
or departments shall apply for a Certificate of Appropriateness on
a form prepared by the ESHP Commission. Following the filing of an
application for a Certificate of Appropriateness, construction, alteration,
removal or demolition with the Director of Community Development for
a landmark or structure within an historic district, the Director
of Community Development shall forward the application, together with
any supplemental materials, to the Commission for the Commission's
review. The Commission shall consider the application in a public
meeting to evaluate the application in conformance with the Standards
of Review. The Commission may approve the application, with or without
stipulations, or deny the application. If the Commission denies the
application, the Commission shall provide a statement of the reasons
for denial and make recommendations to the applicant concerning modifications
to the proposed action which would cause the Commission to reconsider
the denial. The application shall be issued or denied within forty-five
(45) days of receipt of the application.
The Board of Zoning Adjustment shall hear appeals of denial
from the applicants.
[R.O. 2012 §402.160; Ord. No. 90-4-4 §1, 4-16-1989]
Determinations will be based on the standards and guidelines set forth in Sections 402.190 and 402.200. The Building Inspector shall review the application for a building or demolition permit or for a Certificate of Appropriateness. The Certificate of Appropriateness shall be issued or denied within no more than forty-five (45) days of receipt of the application with issuance being automatic if the Building Inspector fails to act within sixty (60) days of receiving an application. Written notice of approval or denial of the application for Certificate of Appropriateness shall be provided within seven (7) days following the determination, and shall be accompanied by a Certificate of Appropriateness in the case of an approval.
[R.O. 2012 §402.170; Ord. No. 90-4-4 §1, 4-16-1989; Ord. No. 22-07-01, 7-18-2022]
A denial of a Certificate of Appropriateness application by
the Commission shall be accompanied by a statement of the reasons
for denial. The Commission shall make recommendation to the applicant
concerning changes, and the proposed action which would cause the
Commission to reconsider the denial, and shall confer with the applicant
and attempt to resolve the difference as quickly as possible. The
applicant may resubmit an amended application or reapply for a building
or demolition permit that takes into consideration the recommendations
provided. Projects requiring Certificates of Appropriateness will
be monitored as necessary by the Director of Community Development
to ensure compliance with the terms and specifications of Certificates
of Appropriateness, Building Permits, and Demolition Permits. If necessary,
a second Stop Work Order may be issued the same project.
[R.O. 2012 §402.180; Ord. No. 90-4-4 §1, 4-16-1989; Ord. No. 22-07-01, 7-18-2022]
A.
Public improvement and land acquisition projects by the City of Excelsior
Springs or any of its departments or agencies shall be reviewed by
the ESHP Commission in the following manner:
1.
The ESHP Commission shall review and comment upon any public
improvement project proposed by the City of Excelsior Springs or any
of its agencies or departments within any Historic District, on the
site of or within two hundred (200) feet of any Landmark, or within
two hundred (200) feet of any boundary of a Historic District. The
Director of Community Development shall send a completed preliminary
design for a public improvement project to the ESHP Commission simultaneously
with its submission to the City Council for approval. The ESHP Commission
shall have at least thirty (30) days to complete its review and report
to the City Council, except when the Director of Community Development,
if necessary to accelerate the design review process, may specify
a time less than thirty (30) days within which the ESHP Commission
shall complete its review and report to the City Council.
2.
The ESHP Commission shall review and comment upon any proposed
acquisition of a Landmark or of land or buildings within a Historic
District by the City of Excelsior Springs or any of its agencies or
departments.
The Director of Community Development shall send a completed
preliminary design for a public improvement project to the ESHP Commission
simultaneously with its submission to the City Council for approval.
The ESHP Commission shall have at least thirty (30) days to complete
its review and report to the City Council, except when the Director
of Community Development, if necessary to accelerate the design review
process, may specify a time less than thirty (30) days within which
the ESHP Commission shall complete its review and report to the City
Council.
3.
The ESHP Commission shall review and comment upon any proposed
acquisition of a Landmark or of land or buildings within a Historic
District by the City of Excelsior Springs or any of its agencies or
departments. The Director of Community Development shall, at the earliest
possible date that will not interfere with acquisition negotiations,
send the ESHP Commission information concerning the location, size,
purchase price, current use, and proposed use of the land or building
to be acquired, and specify the date by which the ESHP Commission
shall report to the City Council.
4.
The ESHP Commission shall review the public improvement or land
acquisition project to determine its effect upon the historic or architectural
character of the Landmark or Historic District and report to the City
Council within any time specified by the Director of Community Development
but not to exceed forty-five (45) days. The report by the ESHP Commission
shall include any recommendations for changes to the preliminary design
or land acquisition that will lessen or alleviate any adverse effect
of the proposed project upon the historic or architectural character
of the Landmark or Historic District.
[R.O. 2012 §402.190; Ord. No. 90-4-4 §1, 4-16-1989; Ord. No. 22-07-01, 7-18-2022]
A.
The City of Excelsior Springs and the Excelsior Springs Historic
Preservation Commission have adopted the following design review guidelines
for all Historic Districts and Landmarks in the City. Additional detailed
design guidelines may be adopted by the Commission and City Council.
The guidelines are based on the "Secretary of the Interior's
Standards and Guidelines for Rehabilitation". The guidelines will
be enforced within District or Landmark boundaries under any of the
following circumstances:
1.
Construction, alteration or removal requiring a building permit,
and which has an impact on the exterior appearance of a structure.
2.
Demolition in whole or in part requiring a permit.
3.
Construction, alteration (including color changes), demolition
or removal affecting a significant exterior architectural feature
or features.
4.
Construction, alteration, improvement (including color changes),
demolition or removal which negatively impacts the significance, appearance,
or harmony of adjacent structures, rows of building, streetscapes,
or the Historic District as a whole as determined by the ESHP Commission.
The purpose of the guidelines is to encourage preservation of
intact significant structures; restoration of significant structures
that have already undergone insensitive alterations; and new construction
that is sensitive to the existing environment.
The guidelines are not intended to inhibit change, new construction,
or new architectural styles, as long as such changes complement the
existing building and streetscapes.
Design review decisions for all structures within a district
and all individual Landmarks will based on the same set of guidelines.
However, structures processing a greater degree of integrity, originality,
craftsmanship and historic significance, may have the guidelines more
stringently applied than those with lesser significance, as determined
by the Historic Preservation Commission.
B.
New Buildings And Additions To Existing Buildings. New buildings
do not need to duplicate older styles of architecture but must be
compatible with the architecture within the district. However, their
scale, placement on lots, and street setback must conform with the
scale, placement and setback of adjacent structures, especially in
the context of rows of buildings and streetscapes. Styles of architecture
will be controlled only to ensure that their exterior design, materials,
and color are in harmony with neighboring structures.
C.
Alterations. Alterations affecting the exterior of a structure shall
preserve all significant original exterior elements including building
materials, doors, windows, and decorative elements. In some cases,
exterior elements which are not original, but which have acquired
significance by virtue of their age or craftsmanship shall also be
preserved. Alterations shall restore a structure's original elements,
materials, and appearance if economically or physically feasible.
Alterations which disguise or sheath original elements and materials
will not be permitted.
Storefronts and commercial building facades shall be treated
as a whole. The first floor facade should be compatible with the upper
floor(s).
D.
Demolition. Demolition in whole or in part, of individual Landmarks
or any structure within a Historic District, is not permitted. Exceptions
are allowed only if a structure has been substantially damaged through
fire or deterioration, and if there is reasonable proof that it would
be not economically or physically feasible to rehabilitate. Other
exceptions may be allowed if a structure does not possess the integrity,
originality, craftsmanship, and age to merit preservation. Demolition
of past additions which have disguised or sheathed original elements
or facades are encouraged, as long as the intention is to restore
such elements or facades.
E.
Relocation Of Buildings. Structures shall not be removed from their
original site. Exceptions will be allowed only if there is substantial
evidence that it would not be practical or economical to utilize the
building on its present site.
If a building lies in the path of a public improvement project,
involving the City of Excelsior Springs, and if the building is worthy
of preservation by virtue of its integrity, originality, craftsmanship
or age, relocation may be considered as an alternative.
F.
Exterior Walls. A structure's original walls, including masonry,
siding, sheathing materials, and exposed foundations shall be maintained
and preserved. Walls, siding, and sheathing materials which may not
be original, but which have acquired significance by virtue of age
of craftsmanship shall also be maintained and preserved. Such walls,
siding, and sheathing materials shall not be altered, covered or disguised
by new building materials, siding, stucco or paint. Restoration of
original wall, siding, and sheathing materials is encouraged. Removal
of false facades which cover or disguise original walls and materials
is encouraged.
If walls, siding and sheathing are to be painted, the colors
chosen shall harmonize with neighboring structures. The use of colors
chosen from a palette of colors popular at the time of construction
of the building is encouraged.
G.
Decorative And Character Defining Elements. Original decorative and
character defining elements and decorative elements which may not
be original, but which have acquired significance by virtue of their
historic significance or craftsmanship, shall be restored, maintained,
and preserved. Such elements include, but are not limited to, moldings,
trim work, cornices, brackets, posts, columns, towers, steeples, finials,
porches, porticos, verandas, parapet walls, bay windows, oriel windows,
patterned siding, decorative window sashes, architraves, door surrounds,
balustrades, dormers, roof overhangs, soffits, and other significant
elements which define the character, period and style of a building.
Colors applied to these elements shall harmonize with adjacent
or neighboring structures. The use of colors chosen from a palette
of colors popular at the time of construction of the building is encouraged.
H.
Doors And Windows. Original doors and windows shall not be replaced
unless there is substantial evidence that they are no longer serviceable
or cannot be restored. If it is necessary to expand openings, it shall
be accomplished in a manner which respects and complements the surrounding
building elements, materials, and colors. In general, existing openings
shall not be covered or relocated. If additional entryways or service
doors become necessary, they shall be located and designed in a sensitive
manner. Restoration of original entryways, which may have been covered,
altered, or removed over time is encouraged. Replacement doors and
windows which imitate earlier inappropriate styles is discouraged.
I.
Porches. Porches, Porticos, Stoops, Entryways, Loading Docks, and
Exterior Stairways: Such elements shall be of scale, design, material,
and color which complement the existing facade and its individual
elements. Loading docks and other service entrances shall be located
inconspicuously, and should be considered a part of a building's
overall design scheme.
J.
Roofs. Roof lines and shapes shall not be altered. Visible roofing
materials shall be compatible with other building elements and materials
in terms of colors, materials, texture. The use of roofing materials
appropriate to the style and period of the building is encouraged.
The use of roofing materials which reflect an earlier or later style
or period is discouraged.
K.
Mechanical Equipment And Weather Protection Devices. Mechanical and
weather protection devices shall be placed and installed in a manner
which is unobtrusive.
L.
Fences, Sidewalks, Decorative Dividers, And Walls. Fences and decorative
walls shall be placed and scaled in a manner which does not cover,
block or damage significant building facades or elements. Such elements
shall be of a style or period which corresponds with the style or
period of the building or buildings which they serve. Original fences,
walls, and sidewalks or fences, walls and sidewalks, and trees which
have acquired significance by virtue of their age or craftsmanship
shall not be removed or destroyed and shall be maintained and preserved.
M.
Vacant Lots, Alleys, And Parking Areas. Parking lots, driveways,
and other spaces between and around buildings shall be designed and
maintained in a manner which does not detract from neighboring buildings
and facades. Garbage dumpsters, bollards, loading docks, and other
similar fixtures shall be structurally and cosmetically maintained
and shall be placed in a manner which is as inconspicuous as possible.
N.
Sign Applications. Application for sign permits in or immediately
adjacent to a Landmark or Historic District are reviewed under the
existing procedures of the sign ordinance administered by the Zoning
Administrator. The Historic Preservation Commission may make recommendations
to the Zoning Administrator concerning the conformance of a sign with
the character of a Landmark or Historic District.
[1]
Note — Ord. No. 2010-10-2-2, adopted February 16, 2010, adopted additional design guidelines for the Hall of Waters Historic District, which are on file in the City offices, and were adopted and approved for use in administering Ch. 402 including the issuance or denial of certificate of appropriateness as required under Section 402.140.
Subsequently, Ord. No. 21-05-02, adopted May 3, 2021, adopted
additional design guidelines for the Boarding House, Elms and Hall
of Waters Historic Districts, these specific design guidelines are
held on file in the City offices.
[R.O. 2012 §402.200; Ord. No. 90-4-4 §1, 4-16-1989; Ord. No. 22-07-01, 7-18-2022]
A.
In considering an application for a building or demolition permit
or for a Certificate of Appropriateness, the Building Inspector shall
be guided by the following general standards in addition to the design
review guidelines.
1.
Every reasonable effort shall be made to provide a compatible
use for a property which requires minimal alteration of the building,
structure, or site and its environment, or to use a property for its
originally intended 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 historical material or distinctive architectural
feature 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, wherever possible. In the event replacement is necessary,
the new material should match the materials being replaced in composition,
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 should 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 shall not be discouraged when
such alterations, additions, or new construction does not destroy
significant historical, architectural or cultural material, and such
deign is compatible with the size, scale, color, material, and character
of the property, neighborhood or environment.
