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Neighborhood Ordinances & Guidelines

About the Ordinance

The current Coleman Highlands Single Family Ordinance (#030221) was passed by the City Council on March 6, 2003 and went into effect on December 6, 2003 for a period of twenty years. The ordinance will expire on December 6, 2023.

The Single Family Ordinance creates a special benefit district that condemns all uses in the benefit district to single family use. Per the ordinance, the only method by which a use other than single family would be legal would require that a majority of the property owners petition the City Council to nullify the ordinance. The City Council would then have to determine the validity of such petition and then vote to nullify the ordinance. Any property owner who feels they have been damaged by the ordinance has the right to sue the City for damages. In the event someone sues for damages, the case is tried in Circuit Court before a freeholders jury (jury panel with expertise in real estate). Any damages awarded by the Court are paid by the property owners in the special benefit district.

History

The Coleman Highlands subdivision was incorporated in 1907. On September 25, 1908, building restrictions limiting the use of property to detached residences was placed on each and every lot in Coleman Highlands. These restrictions were for a period of fifteen years, with an expiration date of July 1, 1923. On May 22, 1923, two weeks before the City’s General Zoning Ordinance was adopted, the residents of Coleman Highlands persuaded the City to pass what is known as the Coleman Highlands Single Family Ordinance. The original ordinance was for a period of twenty years. Every twenty years since then, the ordinance has been renewed for further periods of twenty years each.

In 1963, the ordinance was allowed to lapse for a period of some seven months before it was renewed. A small number of homeowners sued for damages, claiming that they had been damaged by not allowing a multi-family use (at this time the zoning was R-2 in the neighborhood). They were awarded a total of $37,000 in damages, which was paid by the homeowners in the special benefit district.

In 1983, upon renewal of the ordinance, two homeowners sued for damages. The freeholder’s jury awarded the homeowners damages of approximately $50,000. Via a summary judgement, the Circuit Court judge ruled that the two homeowners were not entitled to damages. This Circuit Court ruling was appealed, ending up with the Missouri Supreme Court, which upheld the lower court’s ruling of no damages.

In 2003 the ordinance was renewed for an additional twenty years to December 6, 2023. In excess of 80% of the property owners in the Coleman Highlands subdivision signed petitions in support of the renewal of the ordinance, with less than 2% of the property owners not supporting the ordinance.

Summary

The specific strength of the ordinance is that the City has no authority to change land uses in Coleman Highlands or to grant a variance that would permit any non-conforming land use. We, the property owners of Coleman Highlands, control the land uses in our neighborhood. Considering the fact that the Coleman Highlands subdivision was not zoned single family (R-1) until 1976 and is surrounded by commercial, industrial, and multi-family uses, there can be no doubt that the Single Family Ordinance is the reason Coleman Highlands has maintained its single family character for the past 103 years.

Coleman Highlands stands alone as the most unique and most stable urban neighborhood in Kansas City. Coleman Highlands’ owner-occupancy levels, property maintenance standards, property values, and residents are unparalleled in comparison to any other neighborhood in Kansas City. No other neighborhood in Kansas City has the diverse make-up and continued stability that Coleman Highlands has displayed over the years. Our diversity includes people from all walks of life and a total mix of ethnic and racial backgrounds, all with a common desire to reside in, and maintain, a stable neighborhood with a high quality of life.

The Coleman Highlands Single Family Ordinance has been, and will continue to be, the principal factor in maintaining the high quality of life in our neighborhood.

Read Full Ordinance Here

ORDINANCE NO. 030221

Limiting for a period of twenty (20) years the use, character and location of buildings and other improvements in a portion of Coleman Highlands, a subdivision in Kansas City, Missouri; creating a benefit district; providing for the bringing of condemnation proceedings and the assessment and payment of damages; and describing the method for initiating the repeal of this ordinance.

WHEREAS, Coleman Highlands is a subdivision in Kansas City, Jackson County, State of Missouri, described as follows:

A subdivision of the west half of the Southeast Quarter of Section 18, Township 49, Range 33, the plat of which was filed in the office of the Recorder of Jackson County, Missouri, August 19, 1907; and

WHEREAS, on September 25, 1908, building restrictions limiting use of property to detached residences were placed upon each and every lot in said Coleman Highlands, which restrictions were to expire on July 1, 1923; and

WHEREAS, Kansas City, Missouri, by Ordinance No. 45416, approved May 22, 1923, imposed for a period of twenty (20) years restrictions which did not permit the erection of any building except detached residences and outbuildings usually appurtenant thereto; and

WHEREAS, pursuant to the terms of Committee Substitute for Ordinance No. 7696, passed May 10, 1943, said area was restricted for a period of twenty (20) yeas in substantially the same manner as is provided in this ordinance; and

WHEREAS, pursuant to the terms of Committee Substitute for Ordinance No. 28961, passed December 6, 1963, said area was again restricted for a period of twenty (20) yeas in substantially the same manner as is provided in this ordinance; and

WHEREAS, pursuant to the terms of Ordinance No. 54760, as amended, effective December 6, 1983, said area was again restricted for a period of twenty (20) yeas in substantially the same manner as is provided in this ordinance; and

WHEREAS, all the buildings on the various streets in said Coleman Highlands are used exclusively for residential purposes and the overwhelming sentiment and belief of the property owners immediately interested, and of all citizens who desire to make Kansas City a good place in which to live, and of the Council are that the enactment and enforcement of this ordinance will enhance and stabilize the value and utility of each and every piece of property within the district herein described and will maintain property values for the purposes of public taxation and will promote the health and welfare of the City, as well as add to the beautification of the City and of said Coleman Highlands Addition; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That from and after the effective date of this ordinance and for a period of twenty (20) years thereafter, the lots, tracts and parcels of land in Coleman Highlands, a subdivision in Kansas City, Jackson County, Missouri, and described as follows:

A subdivision of the west half of the Southeast Quarter of Section 18, Township 49, Range 33, the plat of which was filed in the office of the Recorder of Jackson County, Missouri, August 19, 1907; and

except Lot 89, Lots 223 to 237, both inclusive, Lots 239 to 244, both inclusive, the north 25 feet of Lot 245, and all of Lot 311, shall be restricted in use in the following respects:

No house or buildings, other than single detached residences, each for the use of one family only, or for purposes that are incidental or appurtenant to residential uses, shall be constructed or used in whole or in part on any lot or any portion of a lot in said subdivision, and no such building shall be constructed on any tract of ground having a ground area of less than 6,000 square feet appurtenant thereto, and no buildings shall be built closer to the street line than the building line already established by users in said Coleman Highlands. No billboards shall be erected, maintained or used during that period within the said district. No gasoline tank or gasoline tanks used in connection with each other, having a capacity of more than one hundred gallons, shall be placed at one locality within the said district during said period, nor shall any gasoline filling station be erected or maintained within said district during said period.

Section 2. Inasmuch as the owners of property within the said district described in Section 1 hereof may claim that the enactment and enforcement of this ordinance will take or damage their properties for public use, all rights of the owners to use any of said private property within the district described in Section 1 hereof, contrary to the provisions of this ordinance, are hereby taken and condemned for public use, and just compensation and damages shall be assessed and paid for the taking of such property rights, all in the manner provided by Article VI of the Charter of Kansas City, Missouri, or as otherwise provided by law. Condemnation proceedings shall be begun in the Circuit Court of Jackson County in the first instance and prosecuted to final determination to ascertain and determine the compensation and damages, if any, which the several properties and the owners thereof, respectively, within the said district may sustain by reason of the enactment and enforcement of this ordinance, and for the assessment of benefits.

Section 3. The private property rights to be taken and condemned as aforesaid shall be paid for by special assessments on real estate and just compensation therefor shall be assessed, collected and paid as provided in Article VI of the Charter of Kansas City, Missouri. The special assessments to be made in payment for the private property rights taken or damaged in pursuance hereof shall be payable in one single payment as authorized in Section 159, payment at such time, in such manner and with such interest as is provided in Section 160 of Article VI of the Charter of Kansas City.

Section 4. The Council determines and prescribes the limits within which private property shall be deemed benefitted by the improvements herein proposed and may be assessed and charged to pay compensation and damages therefor as follows:

All of the area within Coleman Highlands, a subdivision of the west half of the Southeast Quarter of Section 18, Township 49 North, Range 33 West, according to the recorded plat thereof filed in the office of the Recorder of Jackson County, Missouri, August 19, 1907; except Lot 89, Lots 223 to 237, both inclusive, Los 239 to 244, both inclusive, the north 25 feet of Lot 245, and all of Lot 311,

Section 5. This ordinance may be repealed and shall only be repealed within said period of twenty (20) years upon the petition of a majority of the owners of private property abutting upon the streets and boulevards within said benefit district, and who shall be the owners of a majority of the front feet of private property abutting upon said streets and boulevards in the benefit district hereinabove stated; and such petition or petitions may be directed to the Council of Kansas City and it is hereby constituted as the sole authority to determine the sufficiency of such a petition or petitions.

Section 6. This ordinance shall be in effect notwithstanding any provision of Ordinance No. 45608, approved June 4, 1923, as amended, known as the Zoning Ordinance, and during the period while this ordinance is in effect, the restrictions provided in this ordinance may not be set aside under any provisions of the Zoning Ordinance, or any amendments thereto, including Chapter 80 of the Code of Ordinances.

Section 7. This Ordinance shall take effect December 6, 2003.

_____________________________________________

Approved as to form and legality:

___________________________________

Assistant City Attorney


Historic Preservation Commission

We live in an Historic Neighborhood and as such, any changes we make to the exterior of our homes and to our property must be submitted to the Historic Preservation Commission for approval prior to undertaking those changes.

Please fill out and submit a CERTIFICATE OF APPROPRIATENESS APPLICATION detailing your proposed changes or improvements. While the approval process is generally fairly swift, please allow up to a couple of months for your changes to be considered for approval.

Information from the City Planning & Development Commission’s Website

The following information is directly from the City Planning & Development Commission’s Website.

My property has been designated a historic landmark or as part of a historic district. What does this mean?

When your property has been designated as a historic landmark or as part of a historic district, the City Council officially recognizes that your property has special historical, cultural or aesthetic value and your property is an important part of Kansas City’s historical and architectural heritage. To help protect the city’s landmarks from inappropriate changes or destruction, the Landmarks Commission must approve in advance any alteration, reconstruction, demolition or new construction affecting the designated properties.

What is a historic district?

A historic district is an area of the city that has been designated by the City Council because it has a special character or a special historical or aesthetic interest which causes it to have a distinct “sense of place.” Each historic district represents at least one period or style of architecture typical of one or more eras in the city’s history.

How can I find out if my property is designated?

If you do not know whether your property is an individual landmark or located within the boundaries of a historic district, contact the Landmarks Commission. You may also consult the list of properties on the Kansas City Register of Historic Places that is available from the Commission.

How large are historic districts?

Historic districts range in size from small groups of historic properties to areas containing hundreds of properties. Union Hill, Rockhill and Pendleton Heights are examples of areas of the city that contain historic districts.

Are there any types of work that do not require the Commissions approval?

Yes. Every designated structure, whether it is an individual landmarks or a property in a historic district, is protected under the Landmarks Ordinance and subject to the same review procedures. If you want to perform restoration work, new construction, demolition, alterations to landscape plans or alterations to your property (with the exception of ordinary repairs), you must obtain the Commissions approval before you begin the work. This approval is called a Certificate of Appropriateness.

My property is located in a historic district. Do I need the Commission's approval to make changes?

The Commission must review the proposed changes to your property to ensure the overall design is sensitive to the scale and character of the historic district and that the alterations will not detract from the special qualities of the surrounding properties in the district.If you apply to the Landmarks Commission to make changes to your property the Commission will take into account the fact that your property is a contemporary (non-conforming) structure. You will not be asked to alter your design to make it look “old-fashioned.” If you want to put in new windows, for example, you will not be asked to install multi-paned wooden windows if they did not exist before. Ordinary and necessary maintenance, which does not involve a material change such as replacing broken window glass or removing painted graffiti, does not require Commission’s approval. You can call the Landmarks Commission office at (816) 513-1500 to find out whether approval is needed for work you are considering.

I own a 1970s building in a historic district. Why does the Landmarks Commission review changes to my property?

To preserve a historic district’s special character, the Commission reviews changes to all buildings within its boundaries.

Can the Landmarks Commission make me restore my property to the way it looked when it was first built?

No. The Commission reviews only changes that the property owner proposes to make.

Will the Landmarks Commission make me repair my property?

To help prevent “demolition by neglect,” whereby historic properties are allowed to deteriorate, the Landmarks Ordinance requires that designated property be kept in good repair and meet the minimum requirements of the Property Maintenance Code and any other regulatory codes. If you are interested in finding out about making repairs to your designated property, call the Landmarks Commission office at (816) 513-1500.

Will landmarks designation prevent all alterations and new construction?

No. Landmark designation does not “freeze” a property or an area. Alterations, demolition and new construction continue to take place, but the Landmarks Commission must review the proposed changes and find them to be appropriate. This procedure helps ensure the special qualities of the designated buildings are not compromised or destroyed. In addition, new construction may occur when an owner of a vacant lot or building of no significance in a historic district wishes to construct a new building on the site. The Commission has approved such proposals when the design of the infill or replacement building was appropriate to the character of the historic district.

I own a designated property. Should I tell the tenants in my building about the property's landmark status?

Yes. You should inform each of your tenants that the property is in the Kansas City Register of Historic Places and subject to the provisions of the Landmarks Ordinance. The Commission must approve alterations in advance. If a tenant makes alterations without receiving Landmarks Commission approval before doing the work, the building owner and the tenant will be held responsible.

If I sell my property, should I tell the new owner that the property is a historic landmark or within a historic district?

Yes. Even though the Landmarks Commission sends out annual notices, it will help the new owner to comply with the Landmarks ordinance.

May I demolish a designated building on a historic property?

You may apply for a Certificate of Appropriateness to demolish a building on a designated property. In reviewing applications for demolition the Commission will consider the basis of the designation, whether demolition is necessary on the basis of economic hardship, the original purpose of the building, purposed for which it is adaptable, rate of return, rentals and other points, if presented in the application.

Are landmarks owned by not-for-profit organizations subject to the same regulations as the other landmarks?

Yes. The criteria for approving permits for work on properties owned by not-for-profit owners are the same as the criteria for work on other properties.

Is being listed in the Kansas City Register of Historic Places different from being listed in the National Register?

Yes. The National Register of Historic Places is a list of buildings and sites of local, state, or national importance. This program is administered by the National Park Service through the Historic Preservation Program, Missouri Department of Natural Resources. The National Register has no connection to the Landmarks Commission, although many properties listed on the Kansas City Register also are listed in the National Register. For information, contact the Missouri State Historic Preservation Office, Department of Natural Resources, P.O. Box 176, Jefferson City, MO 65102-0176; Telephone (573) 751-2479.

How do I find out more about the effects of local designation?

Members of the public are encouraged to contact the Landmarks Commission office to discuss questions or concerns about the effects of designation. The Landmarks Commission office provides information about the designation process, and answers questions about the designation process and performing work on designated buildings. If a building owner needs more information, a meeting at the Commission’s office can be arranged. The staff of the Landmarks Commission is experienced in working with owners to help them meet their practical needs while preserving the architectural and historic character of the city’s landmarks.
If you would like more information, call or write:
Landmarks Commission
City Hall, 15th Floor
414 East 12th St.
Kansas City, MO 64106
Phone (816) 513-1500

PART II CODE OF ORDINANCES

Chapter 2 ADMINISTRATION*

ARTICLE VI. BOARDS, COMMISSIONS AND COMMITTEES*

DIVISION 8. LANDMARKS COMMISSION*

Sec. 2-911. Purpose of division; declaration of policy.

  1. The council finds and declares the present and future of the city are founded on the contributions of the past. Many of these contributions are exemplified in districts, sites, buildings, structures and objects. It is the intention of the city to preserve these items for their historic, cultural, aesthetic and architectural significance. Such preservation is necessary for the general benefit of the city to secure the foundations of the city as a part of the living community as a source of citizen identification and in appropriation for the city’s heritage. Recent history has revealed that the absence of a preservation effort has resulted in the demolition, destruction and deterioration of those items now to be identified as historic landmarks and historic districts. Therefore, it is hereby declared as a matter of public policy that the protection, enhancement, perpetuation and use of districts, sites, buildings, structures and objects for their historic, cultural, aesthetic or architectural value is a public necessity, and is required in the interest of the prosperity and welfare of the people.
  2. The purposes of this division are to:
    1. Effect and accomplish the protection, enhancement, perpetuation and use of districts, sites, buildings, structures and objects which reflect elements of the city’s historic, cultural, aesthetic and architectural heritage;
    2. Safeguard the city’s historic, cultural, aesthetic and architectural heritage as embodied and reflected in such districts, sites, buildings, structures and objects;
    3. Enhance and stabilize neighborhood property values;
    4. Encourage neighborhood conservation;
    5. Foster civic price in the beauty and noble accomplishments of the past;
    6. Protect and enhance the city’s attraction to tourists and visitors and the support and stimulus to business and industry thereby provided;
    7. Strengthen the economy of the city;
    8. Promote the use of historic landmarks and historic districts for the education, enjoyment and welfare of the city;
    9. Determine whether a building, structure, site, object or district has historic, cultural, aesthetic or architectural significance; and
    10. Promote the safety, health, morals and general welfare of the city as a whole.

(Admin. Code 1967, § A6.120; Ord. No. 47821, 6-3-77; Ord. No. 54291, 10-28-82)

Sec. 2-912. Establishment; membership; term of office; vacancies.

  1. All appointments shall be for a term of three years, to expire on April 10 of the respective year; however, all members shall continue in office as such until the respective successors shall have been appointed and qualified. If appointed after commencement of the term, a member shall be deemed to have served from April 11 of the respective year. In the event of the death or resignation of any member, the mayor shall, within 60 days, appoint a successor to serve during the unexpired portion of the term in the same manner designated for the appointment of the predecessor member.

(Admin. Code 1967, § A6.121; Ord. No. 47821, 6-3-77; Ord. No. 54291, 10-28-82; Ord. No. 59558, 6-26-86; Ord. No. 64879, 12-14-89)

Sec. 2-913. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Historic, cultural, aesthetic or architectural significance means that quality present in buildings, structures, sites, objects and historic districts which displays the integrity of location, design, setting, materials, workmanship, feeling and association that reflect the community’s history, culture, aesthetic values and architecture, and that:

  1. Are associated with events that have made a significant contribution to the broad patterns of our history;
  2. Are associated with the lives of persons significant in our past;
  3. Embody the distinctive characteristics of a type, period or method of construction, or that represent the work of a master or that possess high artistic values, or that as a district represent a significant and distinguishable entity whose components may lack individual distinction; or
  4. Have yielded, or may be likely to yield, information important in prehistory or history.

Historic district means buildings, structures, sites or objects as designated by the city council as together having particular historic, cultural, aesthetic or architectural significance and limited in size to that area reasonable for the proper identification and maintenance of the district; except that a district designated because of a common thematic element of historic, cultural, aesthetic or architectural significance need not be limited to such an area.

Historic landmark means any single building, structure, site or object designated by the city council as having particular historic, cultural, aesthetic or architectural significance.

(Admin. Code 1967, § A6.122; Ord. No. 47821, 6-3-77; Ord. No. 54291, 10-28-82)

Cross reference(s)–Definitions and rules of construction generally, § 1-10.

Sec. 2-914. Quorum; officers; meetings

  1. Five members of the landmarks commission shall constitute a quorum for the transaction of its business.
  2. The mayor shall designate one member of the commission to serve as its chairman, and the commission shall create and fill by election any other offices it may deem necessary for effective functioning.
  3. The landmarks commission shall meet regularly once a month and may hold any other special meetings as called by the chairman or a majority of its members.

(Admin. Code 1967, § A6.123; Ord. No. 47821, 6-3-77; Ord. No. 54291, 10-28-82)

Sec. 2-915. Powers and duties.

  1. The landmarks commission is authorized to conduct investigations to determine the existence of, the identity of and the location of buildings, structures, sites, objects and districts within the corporate limits of the city which should be safeguarded and preserved for posterity, and to recommend the designation of these buildings, structures, sites, objects and districts as historic landmarks and historic districts, and to thereafter approve or deny certificates of appropriateness for such historic landmarks or historic districts. Such investigation may be in response to an application presented to the commission, or may be taken up at the instigation of the commission, upon three members requesting an investigation of buildings, structures, sites, objects or districts.
  2. The landmarks commission shall hold a public hearing and make recommendations regarding the designation of any historic landmark or historic district. Such recommendations shall be forwarded to the city plan commission. The city plan commission shall forward the landmarks commission’s recommendation, along with its own, to the city council.
  3. The landmarks commission is authorized to investigate any and all potential sources of funds with which to accomplish its authorized objectives and to advance the purposes stated in this division; to encourage the formation of foundations, trusts and other organizations for the advancement of such purposes and providing funds therefore; and to support and coordinate the efforts of any organizations dedicated to such purposes in acquiring real property or interest thereon for use of such historic landmark or historic district as may be established. The commission may assist in the preparation of studies, surveys or other projects detailing the historic, cultural, aesthetic or architectural significance of buildings, structures, sites, objects and districts, including tax certification under the Internal Revenue Code.
  4. The landmarks commission is authorized to undertake any other activities as provided for by the city council in a duly passed ordinance.
  5. The landmarks commission shall establish and promulgate rules and regulations relating to the provisions of this section.

(Admin. Code 1967, § A6.124; Ord. No. 47821, 6-3-77; Ord. No. 54291, 10-28-82)

Sec. 2-916. Procedures for designation of historic landmarks or historic districts.

  1. Application for designation of historic landmarks and historic districts shall be filed as designated by the landmarks commission. The application shall contain a legal description of the property and a statement describing its historic, cultural, aesthetic or architectural significance. A public hearing shall be held by the landmarks commission. Public notice of the hearing shall be published at least one time in the official newspaper doing the city’s printing at least 15 days before such hearing. The notice shall state the time and place and general purpose of the hearing. At the public hearing, the landmarks commission shall make findings and conclusions regarding the designation of the historic landmark or historic district. In reviewing applications for local designation, the commission shall adopt the criteria used in determining eligibility for listing on the National Register of Historic Places. Furthermore, the landmarks commission shall consider the economic impact of designation of an historic landmark or historic district; in such consideration, the landmarks commission shall examine the economic viability of such designation and the economic effects of the designation on the immediately surrounding community. Five affirmative votes shall be required to constitute a finding that a building, structure, site, object or district has historic, cultural, aesthetic or architectural significance. This finding shall be the commission’s recommendation for designation.
  2. Upon recommendation for approval of an application for designation, the recommendation shall be forwarded to the city plan commission, which shall hold a public hearing. Notice requirements of subsection (a) of this section shall be applicable. If an application is not recommended for approval by the landmarks commission, the application shall not be forwarded, but such decision shall be considered to be a final administrative decision 30 days from the date of the notification of the commission’s decision unless a rehearing is requested. If an application for a rehearing is denied or the application is still not recommended for approval, the decision shall be considered a final administrative decision on the date of the notification of the commission’s decision.
  3. The recommendation of the landmarks commission, accompanied by the recommendation of the city plan commission whether for or against designation, shall be forwarded to the city council in the form of an ordinance. The ordinance shall specifically define the historic landmark or historic district to be designated. Notice requirements of subsection (a) of this section shall be applicable.
  4. The designation of an historic landmark or historic district by the city council shall be permanent or until such time as such designation is revoked. Revocation of designation shall pursue the same procedure as required by this section for designation. The failure to be designated by the city council for listing in the Kansas City Register of Historic Places is not necessarily a finding that the property or district proposed for such designation is lacking in any historic, cultural, aesthetic or architectural significance.
  5. Immediately upon passage of an ordinance designating a particular site as an historic landmark or historic district, notice shall be sent to the codes administration department.
  6. The landmarks commission may grant a rehearing if an application for such rehearing, which includes new evidence to be introduced for consideration of the commission, is made to the commission within 30 days of the date of the notification of the commission’s original action. Only one application for a rehearing may be made in any case.

(Admin. Code 1967, § A6.125; Ord. No. 47821, 6-3-77; Ord. No. 54291, 10-28-82; Ord. No. 59559, 6-26-86)

Sec. 2-917. Certificate of appropriateness.

  1. For the purposes of this section, the terms “exterior alterations” and “material changes” shall include but not be limited to:
    1. Site work, substantial landscaping, substantial planting plan, paving or any changes in the existing land surfaces of the property.
    2. The erection or placement of any sign.
  2. The term “exterior alterations” or “material changes” shall not include:
    1. Work with respect to utilities, to the extent that no material change results in appearance or to the extent that visibility from any public place is not affected; or
    2. Ordinary and necessary maintenance which results in no material change in appearance, provided that the burden of proving application of any such exceptions shall in all instances fall upon that party asserting the applicability of such exception.
  • Submission of application. Any person desiring to undertake exterior alterations or material changes, including demolition, requiring a certificate of appropriateness as defined in this section, shall submit to the landmarks commission a specific statement of the work proposed, together with such details as the commission may require. Upon receipt of any application for a building or a demolition permit, the codes administration department shall forward the application to the landmarks commission with a statement indicating the project meets the building or demolition code requirements.
  • Criteria for review of application. Factors to be considered in review of applications are as follows:
    1. In determining whether the changes proposed are detrimental to the architectural, cultural, historic or textural character of the real property designated as historic landmarks or historic district, or of other improvements therein, the commission shall consider whether the proposed changes are in accordance with the Secretary of the Interior’s standards for rehabilitation.
    2. In considering whether the erection of any sign should be permitted, the commission shall determine whether the placement, size, texture, style and materials thereof are compatible with the historic landmark or district.
    3. In reviewing the application, the commission shall determine whether the work proposed is visible from any public place. This determination may be implied from the evidence presented at the hearing and the commission’s action thereof and need not be set forth as a finding of the commission.
    4. In evaluating claims of economic hardship, the commission may require documentation as may be set forth in its rules and regulations.
  • Review of application by committee. Review committees may be formed consisting of two or more members of the commission. If the proposed work is determined by the director of codes administration or an authorized representative of the director to be insubstantial in nature and scope, and a review committee concurs in that determination, and the committee finds the changes proposed are consistent with the provisions of subsection (e)(4)a of this section, a certificate will be issued. If the committee fails to agree that the proposed work is insubstantial in nature and scope, or that the changes are not consistent with the provisions of subsection (e)(4)a of this section, or if the applicant alleges economic hardship, then the certificate shall not be issued by the committee, and the application shall be placed before the commission.
  • Review of application by commission.
    1. Public hearing required. The commission shall schedule a public hearing at a regular or special meeting to consider any application for work that has been determined to be substantial in nature and scope, and notify the applicant of such hearing.
    2. Notice procedures.
      1. Publication. Public notice of the hearing shall be published at least one time in the official newspaper doing the city’s printing, at least seven days before such hearing.
      2. Mailing.
        1. Notices of all hearings before the commission, whether for certificates of appropriateness or designation, shall be sent, by United States mail, postage prepaid, to the record owner of the subject property and all record owners within 185 feet of the perimeter boundaries of the subject property. The record owners shall be determined from the records of the city assessor’s office. Failure to receive such notice shall not affect the validity of any hearing.
        2. The notice shall contain the following information: date of mailing, date and place of hearing, address of property which is the subject of the hearing, and purpose of such a hearing.
        3. All notices shall state the name, address and telephone number of the commission.
        4. The notices shall be mailed not later than seven calendar days preceding the meeting.
    3. Appearance by representative of department of codes administration. When requested by the commission, a representative of the department of codes administration shall appear at hearings when certificates of appropriateness are considered.
    4. Issuance or denial.
      1. If the commission shall find that the changes proposed are such as not to be visible from any public place; or that such changes are not detrimental to the architectural, cultural, historic or textural character of other improvements of the real property designated as historic landmarks or historic district; or that the changes are necessary to prevent or relieve an economic hardship, the commission shall issue to the applicant a certificate of appropriateness, stating in detail the work which has been approved, the approved materials, and the approved manner.
      2. If the commission shall find that such changes are visible from any public place and that such changes are detrimental to the architectural, cultural, historic or textural character of the real property designated as an historic landmark or in an historic district, or of other improvements thereto, the commission shall enter its order denying the certificate of appropriateness.
      3. The concurring vote of the majority of those present (a quorum being constituted) is necessary in order to issue or deny a certificate of appropriateness.
      4. The commission shall enter its order and shall record in writing its conclusions and the facts upon which its conclusions were based.
      5. In the event of a tie vote or the inability of the commission to act on an application under this section, the application shall be deemed to have been denied.
    5. Expiration. A certificate of appropriateness shall expire 12 months after it is issued unless an extension has been granted. Extensions may be granted due to adverse weather or other circumstances delaying the work.
  • Denial of building or demolition permit on denial of certificate of appropriateness. If a certificate of appropriateness is denied, no building or demolition permit may be issued, nor shall any other work for which a certificate of appropriateness is required be undertaken, for a period of 18 months after the date the application is denied. A permit shall not be issued after 30 months from the date of the denial of the certificate of appropriateness.
  • Rehearing. The landmarks commission may grant a rehearing if an application for such rehearing, which includes new evidence to be introduced for consideration of the commission, is made to the commission within 30 days of the date of the notification of the commission’s original action. Only one application for a rehearing may be made in any case.
  • Emergency repairs. If any emergency situation exists, temporary repairs required to prevent imminent damage to the structure may be authorized by the director of codes administration, subject to review by the commission. Within 48 hours after the repairs are made, the person making such authorized temporary repairs shall notify the director. If any work intended to be permanent was performed or is to be performed, a certificate of appropriateness must be obtained from the landmarks commission in accordance with subsection (d) or (e)(4) of this section, and the commission action thereon shall supersede the emergency approval.
  • Maintenance of historic buildings and sites.
    1. Buildings and sites designated as local landmarks or within historic districts shall meet the minimum requirements of the property maintenance code and any other regulatory codes.
    2. The landmarks commission may initiate complaints regarding violations of regulatory codes, including complaints with the department of neighborhood and community services, against a specific building that is in violation of the property maintenance code. The commission may seek to have any defects corrected or repairs made, so that such building shall be protected and preserved in conformance with the purpose of this section and the appropriate city code.
  • (Admin. Code 1967, § A6.126; Ord. No. 47821, 6-3-77; Ord. No. 54291, 10-28-82; Ord. No. 54613, 12-20-82; Ord. No. 56591, 9-8-84; Ord. No. 59560, 6-26-86; Ord. No. 59961, 10-2-86; Ord. No. 63625, 3-2-89)

    Sec. 2-918. Violation of division.
    It shall be unlawful for any person, firm, association, corporation or trustee, or any other person or entity, to fail to perform any act required in any provision of this division.

    (Admin. Code 1967, § A6.127; Ord. No. 54291, 10-28-82)

    Sec. 2-919. Penalty.
    Upon conviction of violating any provision of this division, punishment shall be as provided in section 1-17.

    (Admin. Code 1967, § A6.128; Ord. No. 47281, 6-3-77; Ord. No. 54291, 10-28-82)

    1. Certain fees are hereby established for filing of applications for designation of an historic landmark or an historic district, for issuance of a certificate of appropriateness, and for additional enumerated services:
      1. Designation process:
        1. Historic landmark . . . $100.00. But, if the building has been previously listed in the National Register . . . $20.00
        2. Historic district . . . $100.00. Plus, per building . . . $100.00. Not to exceed a total of . . . $1,000.00. But, if the building has been previously listed in the National Register individually or as a part of a district . . . $20.00. Plus, per building . . . $20.00. Not to exceed . . . $200.00
        3. Amending historic district, per building . . . $100.00. Not to exceed a total of . . . $1,000.00. But, if the building has been previously listed in the National Register individually or as a part of a district . . . $20.00. Not to exceed . . . $200.00
        4. Research: 25 percent of the application fee; however, a research fee shall be deducted from the application fee if an application is filed.
      2. Certificate of appropriateness . . . $25.00
      3. Tax certification: Assistance in seeking U.S. Department of the Interior, Office of Archeology and Historic Preservation, certification for tax benefits under the Internal Revenue Code, per building . . . $200.00
      4. National Register from:
        1. a. Historic landmark . . . $500.00. But, if an application for local designation has been previously made . . . $400.00
          b. Historic district . . . $750.00. Plus, per building . . . $150.00
    2. The commission may waive all or part of any fee upon a showing of hardship.

    (Admin. Code 1967, A6.129; Ord. No. 47281, 6-3-77; Ord. No. 54125, 7-1-82)

    Secretary of the Interior’s Standards For Rehabilitation

    The Landmarks Commission uses the Secretary of the Interior’s Standards for Rehabilitation to evaluate the appropriateness of changes to historic properties. The Standards were developed by the National Park Service, U.S. Department of the Interior to address rehabilitation issues in a format that allows for their application to a wide variety of building types and styles. Because this particular set of Standards addresses Rehabilitation (rather than the more stringent categories of Preservation or Restoration) they provide latitude for the replacement of extensively deteriorated, damaged or missing features using either traditional or substitute materials. Rehabilitation also provides an opportunity to make possible an efficient contemporary use of a property through alterations and additions.

    The Secretary of the Interior’s Standards for Rehabilitation are as follows:

    1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.
    2. The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided.
    3. Each property will 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 elements from other buildings, will not be undertaken.
    4. Changes to a property that have acquired historic significance in their own right will be retained and preserved.
    5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property will be preserved.
    6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.
    7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.
    8. Archaeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.
    9. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the historic integrity of the property and its environment.
    10. New additions and adjacent or related new construction will 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.