(A)

Purpose.

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, archaeological and architectural characteristics of Grandview which represent elements of the city's cultural, social, economic, political, and architectural history;

(2)

Promoting the use of historic and conservation districts and historic landmarks for the education, pleasure, and welfare of the people of the City;

(3)

Fostering civic pride in the beauty and noble accomplishments of the past as represented in Grandview's landmarks and historic and conservation districts;

(4)

Conserving and improving the value of property designated as landmarks or within historic or conservation districts;

(5)

Providing for economic benefits to encourage business and residential owners to locate and invest in historically significant properties;

(6)

Protecting and enhancing the attractiveness of the City to home buyers, tourists, visitors, and shoppers, thereby supporting and promoting business, commerce and industry, and providing economic benefit to the City;

(7)

Fostering and encouraging preservation, restoration, and rehabilitation of the historic structures, areas and neighborhoods, thereby preventing future urban blight; and

(8)

Promoting the identification, evaluation, protection and interpretation of the prehistoric and historic archaeological resources within the incorporated limits of the City.

(B)

Definitions.

Unless specifically defined below, words or phrases in this ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this ordinance its most reasonable application.

Alteration - any act or process that changes one 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.

Archaeological Site - Earthworks, any subsurface remains of historical, archaeological or architectural importance, or any unusual ground formations or archaeological significance.

Area - A specific geographic division of the City of Grandview.

Building Official - The official who is charged with the administration and enforcement of the City's Building Code.

Certificate of Appropriateness - A certificate issued by the Historic Preservation Commission (HPC) indicating its approval of plans for alteration, construction, removal or demolition effecting a defined feature or improvement of a landmark or of a structure within a historic or conservation district.

Certificate of Economic Hardship - A certificate issued by the HPC authorizing an alteration, construction, removal or demolition, even though a certificate of appropriateness has previously been denied.

Conservation District - An area designated as a "conservation district" by ordinance of the Board of Aldermen that possesses special historical, architectural or cultural significance as part of the heritage of the City, but is of lesser historical or architectural significance than an "historic district." A conservation district has retained a sufficient amount of its historical and architectural character for interpretation as part of the development of the City, including, but not limited to scale, massing, and orientation of buildings, although some alterations have been made.

Construction - 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.

Contributing Properties - Buildings, structures, public improvements, sites or objects adding to the historic significance of a site or district, which location, design, setting, materials, workmanship, feeling and association add to the site's or district's sense of time and place and historical development. While these buildings, structures, and improvements, or sites or objects, by themselves may not meet the definition of "significant properties," they maintain their historical and/or architectural integrity and contribute to their site or district based upon their scale, design, use of materials, location, or age, and retain qualities or have the potential to make a positive and compatible contribution to the character and appearance of a defined area.

Cultural Resources - 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 lifestyles and for interpreting human behavior.

Demolition - Any act or process that destroys in part or in whole a Landmark or a structure within a Historic or Conservation District, or that threatens to destroy a Landmark or a structure within a Historic or Conservation District, or that destroys or threatens to destroy a potentially significant property or structure by failure to maintain it in a condition of good repair and maintenance.

Design Guidelines - A standard of appropriate activity that may be adopted by the Historic Preservation Commission from time-to-time to preserve the historic, prehistoric, architectural, scenic or aesthetic character of a landmark or historic district.

District - A Conservation District or an Historic District is defined herein.

Exterior Architectural Appearance - 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.

Historic District - An area designated as an "historic district" by ordinance of the Board of Aldermen that 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.

HPC - Historic Preservation Commission.

Historic Significance - 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.

Landmark - A property or structure designated as a "Landmark" by ordinance of the Board of Aldermen, 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 Grandview.

Minimum Maintenance - The minimum regulations governing the conditions and maintenance of all existing structures and properties as codified at Article VIII of Chapter 6 of the Grandview Code of Laws entitled, "Minimum Standards for Buildings."

Non-Contributing Properties - A building, structure, public improvement or site not contributing to the historic significance of a site or district by virtue of the fact that it lessens the site's or district's sense of time and place and historical development; or one where the integrity of the original design or individual architectural features or spaces has been irretrievably lost; or one where physical deterioration and/or structural damage has made it not feasible to rehabilitate the property. Ordinarily, structures and buildings that have been built within the past fifty (50) years will be considered non-contributing unless a justification concerning their historical or architectural merit can be established or the historical attributes of the district are considered to be less than fifty (50) years old. Any future development of these sites will be of concern because of the effect on the continued quality of the surrounding site or district.

Ordinary Maintenance - 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.

Owner of Record - The person, corporation or other legal entity listed as owner on the records of the County Recorder of Deeds.

Public Improvement Project - An action by the City of Grandview or any of its departments or agencies involving modification or replacement of streets, sidewalks, curbs, street lights, 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.

Removal - Any relocation of a structure, object or artifact on its site or to another site.

Repair - Any change that is not construction, alteration, demolition or removal and is necessary or useful for continuing normal maintenance and upkeep.

Secretary of the Interior's Standards - The Secretary of 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).

Significant Properties - Those historical, architectural, or archaeological resources that are determined eligible for the local or National register of Historic Places using the Secretary of Interior's Standards. Significance is present in districts, sites, buildings, structures, objects, and land such as viewsheds that possess integrity of location, design, setting, materials, workmanship, feeling, and association.

Site - 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.

Stop Work Order - An order 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. A stop work order is also issued to stop work that is being done contrary to the provisions of a certificate of appropriateness.

Structure - 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.

Survey - 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.

(C)

Historic Preservation Commission.

(1)

Composition of Historic Preservation Commission. The Historic Preservation Commission (HPC) shall consist of seven (7) members, all of whom shall be appointed by the Mayor and ratified by the Board of Aldermen and two of whom shall be a member of the Board of Aldermen and a member of the Planning Commission. Of the remaining five (5) members, one (1) or more shall be a resident and/or business owner in each locally designated historic district or conservation district or an owner/resident of a locally designated landmark. Preference for appointments to the HPC shall be given to residents of the City of Grandview. 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.

(2)

Terms. The terms of office of the members of the HPC shall be for three years, excepting that the membership of the first HPC appointed shall serve respectively for terms of two for one year; two for two years; and three for three years. Vacancies shall be filled for the un-expired term only. Action to fill vacancies shall be initiated within 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.

(3)

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 re-election; but no member shall serve as chairman for more than two (2) consecutive years. The Board and Planning Commission 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 a City employee appointed by the Community Development Department and shall have the following duties:

(a)

Take minutes of each HPC meeting;

(b)

Be responsible for publication and distribution of copies of the minutes, reports, and decisions of the members of the HPC;

(c)

Give notice as provided herein by law for all public hearings conducted by the HPC;

(d)

Advise the Mayor of vacancies on the HPC and expiring terms of members; and

(e)

Prepare and submit to the Board of Aldermen a complete record of the proceedings before the HPC on any matter requiring Board of Aldermen consideration.

(4)

Meetings. A quorum shall consist of four of the 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 RSMo Section 610.020. 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 its use, modification, maintenance, disposition, or demolition until such owner shall first have had the opportunity to be heard at a public meeting of the HPC, as provided herein. 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 Community Development Director.

(5)

Funding. The Board of Aldermen shall annually appropriate funds, within budget limitations, for operation of the HPC. The HPC may, with the consent of the Board, 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 ordinance.

(6)

Compensation. The members shall serve without compensation but shall be reimbursed for properly documented and legitimate expenses they incur while on commission business.

(7)

Powers and Duties. The HPC shall have the following powers and duties:

(a)

To adopt its own by-laws and procedural regulations, provided that such regulations are consistent with this chapter and the Revised Statutes of the State of Missouri;

(b)

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);

(c)

To investigate, and recommend to the Planning Commission and to the Board of Aldermen the adoption of ordinances designating protection of properties or structures having special cultural, historic, archaeological, community or architectural value as "Landmarks";

(d)

To investigate and recommend to the Planning Commission and the Board of Aldermen the adoption of ordinances designating protection areas as having special cultural, historic, archaeological, community or architectural value as "Conservation Districts" or "Historic Districts";

(e)

To keep a register of all properties and structures that have been designated as landmarks or historic or conservation districts, including all information required for each designation;

(f)

To confer recognition upon the owners of landmarks and property or structures within historic or conservation 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 or conservation district to another;

(g)

To advise and assist owners of landmarks and property or structures within historic or conservation districts on physical and financial aspects of preservation, renovation, rehabilitation, and reuse, and on procedures for inclusion on the National Register of Historic Places;

(h)

To nominate landmarks and historic districts to the National Register of Historic Places through the Missouri State Historic Preservation Office and to review and comment on all nominations to the National Register of Historic Places for properties within the jurisdiction of the City of Grandview;

(i)

To inform and educate the citizens of the City of Grandview 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.

(j)

To hold public hearings and to review applications for construction, alteration, removal or demolition affecting proposed or designated landmarks or structures within historic or conservation districts and issue or deny certificates of appropriateness for such actions. Applicants may be required to submit plans, drawings, elevations, specifications, and other information as may be necessary to make decisions;

(k)

To hold public hearings on each proposed nomination of a landmark or a historic or conservation district and on the guidelines developed for each nomination;

(l)

To request the Building Official to issue stop work orders for any construction, alteration, removal or demolition undertaken without a certificate of appropriateness or to stop work that violates the conditions of a certificate;

(m)

To review all applications for demolition permits within the corporate limits of the City to determine impact to significant cultural resources, including those not yet nominated as landmarks or as contributing properties within an historic or conservation district;

(n)

To consider applications for certificates of economic hardship that would allow the performance of work for which a certificate of appropriateness has been denied;

(o)

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 or conservation districts;

(p)

To review proposed zoning amendments, applications for special use permits, or applications for zoning variances that affect proposed or designated landmarks or historic or conservation districts;

(q)

To administer on behalf of the City of Grandview any property of historical significance of full or partial interest in real property, including easements, that the City of Grandview may have or accept as a gift or otherwise, upon approval by the Board of Aldermen;

(r)

To accept and administer on behalf of the City of Grandview, upon approval of the Board, such gifts, grants, and money as may be appropriate for the purposes of this ordinance. 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 ordinance;

(s)

To call upon available city staff members as well as other experts for technical advice;

(t)

To retain such specialists or consultants or to appoint such citizen advisory committees as may be required from time to time;

(u)

To testify before all boards and commissions, including the Planning Commission and the Board of Aldermen, on any matter affecting historically, archaeologically, culturally and architecturally significant property, structures, sites and areas;

(v)

To make recommendations to the Board of Aldermen concerning budgetary appropriations to further the general purposes of this ordinance;

(w)

To develop a preservation component in the Comprehensive Plan of the City and to recommend it to the Planning Commission and to the Board of Aldermen;

(x)

To periodically review the Zoning Ordinance and to recommend to the Planning Commission and the Board of Aldermen any amendments appropriate for the protection and continued use of landmarks or property, sites and structures within historic or conservation districts; and

(y)

To undertake any other action or activity necessary or appropriate to the implementation of its powers and duties or the implementation of the purpose of this ordinance.

(D)

Surveys and Research.

The HPC shall undertake an ongoing survey and research effort in the City of Grandview 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 shall conduct or arrange for the conducting of a comprehensive survey of the City of Grandview to identify significant resources. As part of the survey, the HPC shall 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 shall systematically identify potential landmarks and historic or conservation districts and adopt procedures to nominate them based upon the following criteria:

(1)

The potential landmarks and historic or conservation districts in one identifiable neighborhood or distinct geographical area of the City of Grandview;

(2)

The potential landmarks and historic or conservation districts associated with a particular person, event, or historical period;

(3)

The potential landmarks and historic or conservation districts of a particular architectural style or school, or of a particular architect, engineer, builder, designer, or craftsman;

(4)

The potential landmarks and historic or conservation districts containing historic and prehistoric archaeological resources with the potential to contribute to the understanding of historic and prehistoric cultures; and

(5)

Such other criteria as may be adopted by the HPC to assure systematic survey and nomination of all potential landmarks and historic or conservation districts within the City of Grandview.

All inventory material shall be in conformance with standards and guidelines for cultural resource inventory as established by the State Historic Preservation Office.

(E)

Nomination of Landmarks, Historic Districts and Conservation Districts.

(1)

General.

Nominations shall be made to the HPC on a form prepared by it and may be submitted by a member of the HPC, owner of record of the nominated property or structure, or the Board of Aldermen. Nominations shall be turned in to the Community Development Director, 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 Community Development Director.

(2)

Criteria for Designation of Landmarks and Historic Districts.

The HPC shall, upon such investigation as it deems necessary, make a determination as to whether a nominated property, structure, site, area or district meets one 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 suitability for preservation or restoration;

(m)

Its potential to yield information important to history and prehistory; and/or

(n)

Is listed on the National Register of Historic Places.

Any structure, property, or area that meets one 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.

(3)

Criteria for Designation of Conservation Districts.

The HPC shall, upon such investigation as it deems necessary, make a determination as to whether a group of contiguous buildings or structures, landscape elements or any integrated combination thereof, meet one or more of the following criteria:

(a)

Was developed at least fifty (50) years ago and retains distinctive architectural and historical characteristics that are worthy of conservation, but which have less historical, architectural or cultural significance than an historic district;

(b)

Has a recognized neighborhood identity and character by virtue that it possesses unifying distinctive elements of either exterior features or by environmental characteristics that create an identifiable setting, character, or association;

(c)

Has a relationship to an identifiable urban or neighborhood center or historic area where preservation of this relationship is determined to be critical to the protection of such center or historic area; and/or

(d)

Owing to its unique location or singular physical characteristics, represents an established and familiar visual feature or development pattern of the neighborhood, community or City.

(4)

Public Hearing on Nominations for Designation.

Upon receipt of a completed nomination of a landmark, historic district or conservation district, the HPC shall schedule a public hearing within forty-five (45) days to solicit input and comment on the proposed nomination and guidelines for certificates of appropriateness. Notice of the public hearing shall be given, including posting on the property or within the proposed district. Written notice shall be given to the owners of property under consideration for designation.

(5)

Report and Recommendation of HPC.

The HPC shall, within forty-five (45) calendar days after close of the public hearing, adopt by resolution a recommendation that the nominated landmark or district does or does not meet the criteria for designation in Section 31-28(E)(2) or (3) of this chapter.

(a)

The resolution shall be accompanied by a report to the Planning Commission containing the following information:

(i)

Explanation of the significance or lack of significance of the nominated landmark or district as it relates to the criteria for designation; and

(ii)

Explanation of the integrity or lack of integrity of the nominated landmark or district.

(b)

In the case of a nominated Landmark found to meet the criteria for designation, the report to the Planning commission shall contain the following additional information:

(i)

The significant exterior architectural features of the nominated landmark that should be protected; and

(ii)

The types of construction, alteration, demolition, and removal, other than those requiring a building or demolition permit, that should be reviewed for appropriateness pursuant to the provisions of Section 31-28(F) of this chapter.

(c)

Archaeological significance and recommendations for interpretation and protection. In the case of a nominated historic or conservation district found to meet the criteria for designation, the report to the Planning Commission shall contain the following additional information:

(i)

The types of significant exterior architectural features of the structures within the nominated district that should be protected;

(ii)

The types of alterations and demolitions that should be reviewed for appropriateness pursuant to the provisions of Section 31- 28(F) of this chapter;

(iii)

The type and significance of historic and prehistoric archaeological sites within the nominated district;

(iv)

Proposals for design guidelines of HPC review of certificates of appropriateness within the nominated district;

(v)

The relationship of the nominated district to the ongoing effort of the HPC to identify and nominate all potential cultural resources that meet the criteria for designation;

(vi)

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 district, including recommendations for buffer zones to protect and preserve visual integrity; and

(vii)

A map showing the location and boundaries of the nominated district.

The recommendations and report of the HPC shall be sent to the Planning Commission within seven (7) days following the vote on the resolution and shall be available to the public in the Office of the Community Development Director.

(6)

Notification of Nomination.

The Planning Commission shall schedule and hold a public hearing on the nomination following receipt of a report and recommendation from the HPC that a nominated landmark or 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 district map amendments or zoning ordinance text 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.

(7)

Public Hearing.

Oral or written testimony concerning the significance of the nominated landmark or district shall be taken at the Planning Commission 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 district with the criteria for consideration of a nomination set forth in Section 31-28(E)(2) of this chapter. The owner of any nominated landmark or of any property within a nominated 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.

(8)

Determination by Planning Commission.

Within forty-five (45) calendar days following close of the public hearing, the Planning Commission shall make a determination upon the evidence whether the nominated landmark or district does or does not meet the criteria for designation. Such a determination shall be made upon a motion and vote of the Planning Commission and shall be accompanied by a report stating the findings of the Planning Commission concerning the relationship between the criteria for designation in Sections 31-28(E)(2) or (3) of this chapter and the nominated landmark or district and all other information required by Section 31-28(D) of this chapter.

(9)

Notification of Determination.

Notice of the determination of the Planning Commission, including a copy of the report, shall be sent by regular mail to the owners of record of a nominated landmark and of all property within a nominated district and to the nominator within seven (7) days following adoption of the resolution. Within seven (7) days following a determination by the Planning Commission that the nominated landmark or district does meet the criteria for designation, a copy of the resolution and report accompanied by a recommendation that the nominated landmark or district be designated shall be sent to the Board of Aldermen.

(10)

Appeal.

A determination by the Planning Commission that the nominated landmark or district does not meet the criteria for designation shall be a final administrative decision reviewable under the Missouri Administrative Procedure and Review Act provided, however, that the nominator or any owner of the nominated landmark or of property within the nominated district, may within thirty (30) days after the postmarked date of the notice of the determination file with the City Clerk a written appeal to the Board of Aldermen.

(11)

Action by Board of Aldermen.

The Board of Aldermen shall, within sixty (60) days after receiving the recommendation that the nominated landmark or district be designated or receiving a written appeal, either reject the recommendation or written appeal by formal resolution or designate the landmark or district by an ordinance. The Board of Aldermen shall hold a public hearing before enacting the ordinance and provide notice and take testimony in the same manner as provided in Section 31-28(E)(6) of this chapter. Any ordinance shall be accompanied by a written statement explaining the reasons for the action of the Board of Aldermen. The City Clerk shall provide written notification of the action of the Board of Aldermen by regular mail to the nominator, the appellant, and the owner(s) of record of the nominated landmark or of all property within a nominated district. The notice shall include a copy of the designation ordinance passed by the Board of Aldermen and shall be sent within seven (7) days of the Board of Aldermen action. A copy of each designation ordinance shall be sent to the HPC, Planning Commission and Building Official.

(12)

The Designation Ordinance; Overlay Zone.

Upon designation, a landmark or historic district shall be classified as a "District H-Historic" and a Conservation District shall be classified as "District C-Conservation." The designating ordinance shall prescribe the significant features; the types of construction, alteration, demolition, and removal, other than those requiring a building or demolition permit that should be reviewed for appropriateness; the design guidelines for applying the criteria for review of appropriateness; permitted uses; special uses; height and area regulation; minimum dwelling size; floor area; lot size; sign regulation; and parking regulations. The official zoning map of the City of Grandview shall be amended to show the location of the "District H-Historic" or "District C-Conservation" as an overlay zone.

(13)

Interim Control.

No building permit shall be issued by the Building Official for alteration, construction, demolition, or removal of a nominated landmark or of any property or structure within a nominated district from the date of the public hearing before the HPC at which a nomination form is first considered until the final disposition of the nomination by the Board of Aldermen unless such alteration, removal, or demolition is authorized by formal resolution of the Board of Aldermen as necessary for public health, welfare, or safety. In no event shall the delay be for more than one hundred eighty (180) days.

(14)

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.

(F)

Applications for Certificates of Appropriateness.

(1)

Activity Requiring Certificate of Appropriateness. A certificate of appropriateness shall be required before the following actions affecting the significance of any landmark or any structure within a historic district or conservation district may be undertaken:

(a)

Issuance of any demolition permit;

(b)

Issuance of a conditional use permit to determine effect of use on any landmark or property within an historic district or conservation district;

(c)

Actions effecting the exterior architectural appearance of a building, structure, or object or any landscape features, including walls, brick streets, and curbs that were defined in the ordinance designating any landmark or property within an historic district or conservation district including:

(i)

Any construction or alteration, in whole or in part, which requires a permit from the City.

(ii)

Construction, alteration, or demolition, in whole or in part, not requiring a permit, but affecting an exterior architectural feature(s), that is defined in the ordinance designating the landmark or historic or conservation district.

(iii)

Any construction, alteration, or demolition in whole or in part proposed by the City of Grandview or any of its agencies or departments, for a landmark or a building or structure within an historic district or conservation district and that effects a significant exterior architectural feature(s) that is defined in the designating ordinance or that would require a building permit if undertaken on privately-owned property.

(iv)

Any public improvements and land acquisition projects by the City of Grandview within three-hundred feet (300') of any landmark, historic district or conservation district boundary;

(d)

Relocation of a building or structure effecting any landmark or property within an historic district or conservation district. Actions shall include removal, re-orientation, or re-positioning of a building or structure from a site and the placement of a building or structure on a site;

(e)

The erection or replacement of any permanent sign on an individually designated site or within a designated historic or conservation district;

(f)

Removal of existing front yard trees on an individually designated site or within a designated historic or conservation district.

(2)

Processing Applications.

Applications for a certificate of appropriateness shall include accompanying plans and specifications affecting the significance of a designated landmark or of a property within a designated historic district or conservation district; and applications for demolition permits shall include plans and specifications for the contemplated use of the property. Applications for building and demolition permits shall be forwarded by the Building Official to the HPC within seven (7) days following receipt of the application. A building or demolition permit shall not be issued until a certificate of appropriateness has been issued by the HPC. Any applicant may request a meeting with the HPC before the application is reviewed by the HPC or during the review of the application. Application for review of construction, alteration, demolition, or removal not requiring a building permit for which a certificate of appropriateness is required shall be made on a form prepared by the HPC and available at the office of the Director of Community Development. The HPC shall consider the completed application at its next regular meeting.

(3)

Stop Work Order.

Whenever the HPC or the Director of Community Development has reason to believe that an action for which a certificate of appropriateness is required has been initiated, or is about to be initiated, or that a violation of the conditions of an issued certificate of appropriateness has occurred, it shall request that the Building Official make every reasonable effort to contact the owners, occupants, contractor or subcontractor and inform them of proper procedures. If the HPC or Director of Community Development determines that a stop work order is necessary to halt an action, it shall request the Building Official to send a copy of a stop work order by regular first class mail to the owners, occupants, contractors and subcontractors, and if appropriate, notify them of the process of applying for a certificate of appropriateness. The Building Official shall also cause a copy of said notice to be prominently posted on the subject property. A copy of the proper application form shall be included in the notice. If necessary, a second or subsequent stop work order may be issued for the same project.

(4)

Determination by the Historic Preservation Commission.

The HPC shall schedule a public hearing concerning the application within forty-five (45) days of receipt of a complete application and shall give public notice of said hearing to the applicant and owner of record of the landmark or district. Written notice of the approval or denial of the application for a certificate of appropriateness shall be provided to the applicant and the Building Official within seven (7) days following conclusion of the public hearing and shall be accompanied by a certificate of appropriateness in the case of an approval.

(a)

Time Limits.

A certificate of appropriateness shall become void unless construction is commenced within six months of date of issuance. Certificates of Appropriateness shall be issued for a period of eighteen months and are renewable. If the project is not completed according to the guidelines provided in the certificate of appropriateness, the project shall be deemed in violation of this ordinance.

(b)

Denial of a Certificate of Appropriateness.

A denial of a certificate of appropriateness shall be accompanied by a statement of the reasons for the denial. The HPC shall make recommendations to the applicant concerning changes, if any, in the proposed action that would cause the HPC to reconsider its denial and shall confer with the applicant and attempt to resolve as quickly as possible the differences between the owner and the HPC. The applicant may resubmit an amended application or reapply for a building or demolition permit that takes into consideration the recommendation of the HPC.

(5)

Standards for Review; Landmarks and Significant or Contributing Properties.

In considering an application for a certificate of appropriateness for a property that has been designated as a landmark or that has been designated as a significant or contributing property in an historic district, the HPC shall be guided in principal 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 conservation district. Applications, standards for review and design guidelines shall be available in the office of the Director of Community Development for distribution to the public.

(a)

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.

(b)

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.

(c)

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.

(d)

Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

(e)

Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize an historic property shall be preserved.

(f)

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.

(g)

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.

(h)

Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

(i)

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.

(j)

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.

(6)

Standards for Review; Conservation Districts and Non-Contributing Properties.

In considering an application for a certificate of appropriateness for a property that has been designated as part of a conservation district or has been classified as a "non-contributing" property in an historic district, the HPC shall use the following guidelines, in addition to any design guidelines in the ordinance designating the conservation district:

(a)

New construction or additions to buildings shall be to a height roughly equal to the average height of existing buildings on the streetscape. New construction that greatly varies in height from other buildings in the immediate vicinity shall be considered inappropriate.

(b)

The scale, massing, and orientation of proposed buildings or additions to existing buildings shall be compatible with older buildings in the immediate vicinity.

(c)

The emphasis of horizontality or verticality shall be compatible with the character of buildings in the immediate area.

(d)

New construction or alterations must follow the existing setback pattern for residential dwellings or structures and shall maintain the same entry height as neighboring buildings.

(e)

The sense of entry of primary entrance locations shall be compatible with existing patterns in the streetscape.

(f)

Roof forms of new buildings and alterations should duplicate the existing or traditional roof shapes, pitches and materials found in the area.

(7)

Standards for Review; Removal.

In considering an application for a certificate of appropriateness for removal, the HPC shall consider the following:

(a)

When a building or structure is to be moved from a landmark site or an historic district or conservation district, the factors to be considered shall include: the possibility that the building or structure may be demolished in its present location, the contribution that the building or structure makes in its present location and the effect of the new location on the historical and architectural qualities of the building or structure.

(b)

When an application is made for moving a building or structure to a landmark site or an historic district or conservation district, the factors to be considered shall include the architectural and historical integrity and craftsmanship of the building or structure, the impact on the site and area to which the building or structure will be moved, and the possibility that the building or structure may be demolished in its present location.

(c)

For all applications, the HPC shall evaluate the evidence submitted on the feasibility of successfully moving the building or structure.

(8)

Standards for Review; Demolition.

In considering applications for a certificate of appropriateness for demolition, the HPC shall determine and consider:

(a)

The property's significance and integrity;

(b)

The integrity of the streetscape and surrounding neighborhood;

(c)

The grounds for the proposed demolition and data supporting said reason, including but not limited to, a structural stability report prepared by a licensed professional engineer, written justification, and a site plan and elevations for proposed infill, if applicable;

(d)

Whether every reasonable effort has been made to rehabilitate, reuse, or relocate the property;

(e)

The proposed reuse of the parcel and compatibility of proposed infill. Any applicant seeking permission to demolish an historic building or structure shall submit evidence that the site will be used for a new structure or building and will not be left vacant unless the site will be incorporated into development of adjoining contributing property;

(f)

Whether the property has sustained damage by a natural or man-made disaster and whether or not the building sustained irreparable structural damage;

(g)

Whether the property has been declared substandard or a dangerous building by the Building Official;

(h)

Whether the property owner made a reasonable effort to preserve the building through rehabilitation, leasing for rehabilitation, sale, or relocation of the building for rehabilitation;

(i)

Whether provisions have been made by the owner for architectural salvage of significant features to be retained or offered to interested individuals or groups;

(j)

Whether every effort has been made to incorporate the building into the redevelopment proposals, if applicable or whether an attempt was made to relocate the building or structure to another site for rehabilitation;

(k)

Whether retention and rehabilitation of the building represent an economic hardship to the owner;

(l)

Whether the property owner has been cited for previous code violations including demolition by neglect; and

(m)

Whether the demolition has a detrimental impact upon the historical, architectural, cultural, or economic character of the district or community in general.

(9)

Design Guidelines.

Design guidelines for applying the criteria for review of certificates of appropriateness shall, at a minimum, consider the following architectural criteria:

(a)

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 an historic district or conservation district.

(b)

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 an historic district or conservation district.

(c)

Relationship of Building Masses and Spaces - The set back and relationship of a structure within a district to the open space between it and adjoining structures should be compatible.

(d)

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 district.

(e)

Landscaping - Landscaping should be compatible with the architectural character and appearance of the landmark and of surrounding structures and landscapes in historic districts or conservation districts.

(f)

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 district.

(g)

Directional Expression - Façades in historic districts or conservation districts should blend with other structures with regard to directional expression. Structures in an historic district or conservation 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.

(h)

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 or conservation district.

(i)

Signage - The character of signs should be in keeping with the historic architectural character of a landmark or 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.

(j)

Minimum Maintenance - Significant features should be kept in a condition of good repair and maintenance. All structural and mechanical systems should be maintained in a condition and state of repair that will prevent decay, deterioration or damage to significant features, or otherwise adversely affect the historic or architectural character of structures within an historic district or conservation district.

(10)

Certificate of Economic Hardship.

Application for a certificate of economic hardship shall be made on a form prepared by the HPC only after a certificate of appropriateness has been denied. The HPC shall schedule a public hearing concerning the application and provide public notice and individual notice to the applicant and owners of record in the same manner as in Section 31-28(E)(6)(7), and any person may testify at the hearing concerning economic hardship. All testimony, objections thereto and rulings at such public hearing shall be taken down by electronic tape recording equipment made available by the City of Grandview. The HPC may solicit expert testimony or require that the applicant for a certificate of economic hardship make submissions concerning any or all of the following information before it makes a determination on the application:

(a)

Estimate of the cost of the proposed construction, alteration, demolition or removal and an estimate of any additional cost that would be incurred to comply with the recommendations of the HPC for changes necessary for the issuance of a certificate of appropriateness;

(b)

A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation;

(c)

Estimated market value of the property in its current condition; after completion of the proposed construction, alteration, demolition or removal; after any changes recommended by the HPC, and, in the case of a proposed demolition, after renovation of the existing property for continued use; and

(d)

In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure.

(11)

Appeals.

Owners who have been denied a certificate of appropriateness or a certificate of economic hardship for their property may appeal to the Board of Aldermen. Appeal shall be filed within fifteen (15) calendar days from the date of denial of the certificate of appropriateness. The Board of Aldermen shall act within thirty (30) calendar days after receiving the appeal. The Board of Aldermen may approve or disapprove the decision of the HPC, which decision shall be based solely upon the record of the HPC public hearing and any new evidence presented to the Board.

(G)

Review of Public Improvement and Land Acquisition Projects.

Public improvement and land acquisition projects by the City of Grandview or any of its departments or agencies shall be reviewed by the HPC in the following manner:

(1)

The HPC shall review and comment upon any public improvement project proposed by the City of Grandview or any of its agencies or departments within any historic district, on the site of or within two hundred (200) feet of any landmarks, or within two hundred (200) feet of any boundary of an historic district conservation district. The Department of Public Works shall send a completed preliminary design for a public improvement project to the HPC simultaneously with its submission to the Board of Aldermen for its public hearing. The HPC shall have at least thirty (30) days to complete its review and report to the Board of Aldermen, except when the Department of Public Works, if necessary to accelerate the design review process, may specify a time less than thirty (30) days within which the HPC shall complete its review and report to the Board of Aldermen.

(2)

The HPC shall review and comment upon any proposed acquisition of a landmark or of land or buildings within an historic or conservation district by the City of Grandview or any of its agencies or departments. The Board of Aldermen or the Department of Public Works shall, at the earliest possible date that will not interfere with acquisition negotiations, send the HPC 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 HPC shall report to the Board of Aldermen.

(3)

The HPC shall review the public improvement or land acquisition projects to determine its effect upon the historic, archaeological or architectural character of the landmark or district and report to the Board of Aldermen within any time specified by the Board of Aldermen or Community Development Department but not to exceed forty-five (45) days. The report by the HPC 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, archaeological or architectural character of the landmark or district. The Board of Aldermen shall take no final action on the preliminary design or land acquisition until it has received and reviewed the report of the HPC.

(H)

Maintenance of Historic Properties.

(1)

Ordinary Maintenance Exclusion.

Nothing in the section shall be construed to prevent the ordinary maintenance or repair of any exterior elements of any building or structure contained within the definition of "Exterior Architectural Appearance."

(2)

Ordinary Maintenance.

Any work, for which a building permit is not required by municipal law, 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 practicable, to its condition prior to the occurrence of such deterioration, decay or damage and does not include change of materials nor of form.

(3)

Minimum Maintenance Requirement.

All buildings and structures designated by city ordinance as "District H - Historic" or "District C - Conservation" shall be preserved against decay and deterioration and free from certain structural defects in the following manner, by the owner thereof or such other person or persons who may have the legal custody and control thereof shall repair such building if it is found to have any of the following defects:

(a)

The deterioration of exterior walls or other vertical supports;

(b)

The deterioration of roofs or other horizontal members;

(c)

The deterioration of external chimneys;

(d)

The deterioration or crumbling of plasters or mortar;

(e)

The deterioration or ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors;

(f)

The peeling of paint, rotting, holes, and other forms of decay;

(g)

The lack of maintenance of surrounding environment, e.g., fences, gates, sidewalks, steps, signs, accessory structures, and landscaping;

(h)

The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition or conditions.

If minimum maintenance is not being maintained per Section 31-28(H)(3), the owner of the property or other person having legal custody thereof shall be notified by the Building Official. The notice shall be in accordance with Article VIII of Chapter 6 of the Code of Laws entitled, "Minimum Standards for Buildings," and shall specify each item in the property or landmark that fails to meet minimum maintenance requirements. The owner or other person having legal custody of the property shall have thirty (30) days from the receipt of notice to comply with the minimum maintenance requirements. The HPC, for good cause shown, may extend the thirty (30) day period. If after the original thirty (30) day period or any extension granted by the Building Official the owner or person having legal custody of the property should fail to meet the minimum maintenance requirements, the owner or person having legal custody of the property shall be in violation of this section and shall be subject to penalties in accordance with Section 31-28(L).

(I)

Review of Applications for Zoning Amendments, Special Use Permits and Variances.

Applications for zoning amendments, special use permits, or variances for a landmark or structures within an historic or conservation district shall be referred to the HPC by the Community Development Department at least fifteen (15) days prior to the date of the public hearing set by the Planning Commission or the Board of Adjustment. The HPC may review these applications using any format that it deems appropriate provided, however, that the applicant shall be notified of the time and place of such review and shall be given the opportunity to appear and be heard. Within fifteen (15) days after receipt of said application, the HPC shall forward its comments to the Community Development Department for presentation to the Planning Commission for their consideration in reviewing the application.

(J)

Public Safety Exclusion.

None of the provisions of this ordinance 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 Director of Community Development 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.

(K)

Fees.

The Board of Aldermen shall establish an appropriate system of processing fees for the review of nominations and certificates of appropriateness.

(L)

Penalties.

It shall be unlawful for any person to undertake or cause an alteration, construction, demolition or removal of any nominated or designated landmark or structure within a nominated or designated historic district or conservation district without a certificate of appropriateness.

It shall be unlawful to not maintain designated landmarks or structures within designated historic districts or conservation districts within the minimum maintenance requirements of Section 31-28(H) of this Ordinance.

Any person convicted of violating the provisions of this ordinance shall be punished by a fine no greater than Five Hundred Dollars ($500.00) or imprisonment for a period not to exceed sixty (60) days, or both fine and imprisonment. Each day each violation shall continue to exist shall constitute a separate violation.