Historic districts and individual local historic landmarks are designed to preserve features of historical and cultural significance in the city. Districts are established to provide conditions and regulations for the protection, enhancement and perpetuation of buildings, structures, areas, places or works of art in the city that have special historic and cultural value for the general welfare of the public and community.

(Ord. No. 4514, § 1, 11-17-2009)

(a)

Historic zoning districts. Properties zoned under historic zoning district classifications pursuant to this article.

(b)

Individual local historic landmarks. Individual properties, sites, or monuments with zoning district classifications other than historic district zoning, yet have become an individual local historic landmark pursuant to the provisions of this article are subject to the provisions of the city's historic preservation guidelines as regulated by the historic district development commission. Such properties may be residentially-zoned, commercially-zoned, industrially-zoned, or park zoning or other.

(Ord. No. 4514, § 1, 11-17-2009)

(a)

New buildings shall have zero setback on the primary and secondary facades which extends the full length and width of the property; provided, however, that in instances where adjoining or neighboring buildings within the same block and on the same street have been constructed with front or side setbacks, new buildings shall maintain front and side setback to complement and reinforce the existing setback distances.

(b)

Renovated or rehabilitated buildings may maintain existing setback.

(c)

The front facade of new buildings shall have a minimum height of 22 feet and maximum height of 45 feet as measured from the sidewalk to the top of the facade; provided, however, that in instances where adjoining or neighboring buildings within the same block and on the same street have been constructed with facades of less than 22 feet, new buildings may be constructed with facades of less than 22 feet, but no less than the height of the adjacent or neighboring structure. The average height of new buildings shall not exceed ten percent of the adjoining buildings or those in the same block.

(d)

The front facades of existing buildings, if structurally sound, may be used as they now exist.

(e)

Renovation or rehabilitation activities that involve the structural integrity of the front facade or any existing building shall cause the compliance with the regulation for the front facades of new buildings.

(f)

The front facades of new buildings or renovated or rehabilitated buildings that have had facades constructed to new building standards, shall have the majority of the construction of clay brick, stone, architectural style block or newly developed products that closely approximate original material. It is the intent that such masonry and/or wood construction be compatible in style and content with adjacent structures.

(g)

The reproduction of documented historic buildings formerly located in the historic district shall be exempt from the setback and height restrictions set out in this section, provided that such construction creates to the greatest practical extent a true replica of such historic building.

(Ord. No. 4514, § 1, 11-17-2009)

(a)

There is hereby established and created within the city an additional zoning district which shall be known and designated as district H-1.

(b)

Included within district H-1 shall be an area designated as the Mark Twain historic district, which is composed of property bounded on the east by the Mississippi River, on the north by the previous southern right-of-way line of U.S. Highway 36 as amended, on the south by Bird Street, and on the west by the North Third Street, all pursuant to the city zoning map, in the City of Hannibal, Missouri.

(c)

Also included within district H-1 shall be an area designated as the Moses Bates historic district, which is composed of property bounded on the east by the west line of First Street, on the north by the south line of Bird Street, on the south by the north line of Center Street, on the west by the east side of the alley west of Main Street, all in the city.

(Ord. No. 4514, § 1, 11-17-2009)

The H-1 district is designed to preserve features of historical and cultural significance in the city. The district is established to provide conditions and regulations for the protection, enhancement and perpetuation of buildings, structures, areas, places or works of art in the city that have special historic and cultural value for the general welfare of the public and community.

(Ord. No. 4514, § 1, 11-17-2009)

(a)

There is hereby created the historic district development commission, which shall consist of seven members appointed by the mayor as follows:

(1)

One member of the Mark Twain Home Board, to serve for five years;

(2)

One member of the planning commission, to serve for five years; and

(3)

Five citizens of the city having an interest in historic preservation, to serve for five years.

(b)

All appointments shall be subject to confirmation by the city council. All members shall be appointed and serve staggered terms so one member shall be appointed each year. Appointments shall be made by the city manager at the second regular city council meeting in May. Members appointed from the Mark Twain Home Board and planning commission shall serve only so long as they remain members of the body from which they are chosen.

(c)

In the event of any other vacancy caused by the removal, death or resignation, the city manager, with consent of the city council, shall appoint a member to serve the unexpired term, such appointment to be made within 30 days of the occurrence of such vacancy.

(d)

At the first meeting of the historic district development commission in June of each year, the board shall select a chairman and a secretary. The first order of business shall be for the commission to promulgate rules and regulations establishing standards, consistent with this chapter and with applicable provisions of state law, to promote the historic character of the districts designated hereunder, their value as places of unique interest and character, and for the preservation of features of historical significance and promotion of harmonious exterior architectural features. The commission shall submit to the council for approval said proposed standards or amendments within 90 days of such meeting. Upon approval by the city council by resolution or ordinance, said standards shall be filed in the office of the city clerk and be made available for public inspection.

(Ord. No. 4514, § 1, 11-17-2009; Ord. No. 4540, § 6, 8-3-2010)

(a)

No exterior change of any building or improvement in a historic district or to an individual local historic landmark subject to this chapter shall be made unless the property owner obtains a building permit. No building or occupancy permits shall be issued for the construction, reconstruction, demolition, alteration or any exterior change of any structure now or hereafter existing within the boundaries of local historic districts or individual local historic landmarks, unless a "letter of approval" is issued by the historic district development commission. Where any change is contemplated, all applications for such letter of approval for any structure within such districts or individual local historic landmarks, filed with the city clerk, shall be referred to the said commission before a letter of approval or denial is issued. It shall be the duty of the commission to examine the plans for said proposed building, particularly with reference to the exterior architectural features thereof, and to approve or disapprove the same. In making its determinations, the commission shall be guided by the intent and purpose of this chapter and shall approve the plans for said building or improvement, provided it finds that they are in accordance with the published "design review guidelines" established by the commission and approved by the council. The commission shall hear the applicant for the work in question and the owner of the lot upon which it is proposed to erect or alter the structure in question, together with any other persons, either residents or property owners, desiring to be heard. Should the commission disapprove the plans of the applicant, it shall be its duty to suggest to the applicant any alteration in the design or plan of said building, which will make it comply with the conditions necessary for approval. If the applicant agrees at the public historic district development commission meeting in which the application is being considered, to the suggested changes, a letter of approval may be granted subject to the suggested changes. If the applicant rejects the suggested changes the commission shall issue a letter of denial. City staff shall send by mail a letter of approval or letter of denial, with suggestions that will bring the application into compliance with this article, within three business days of the historic district development commission meeting in which the application was heard.

(b)

Any person who initiates any building or improvement subject to the provisions of this division without first applying for and obtaining a "letter of approval" shall be deemed in violation of this chapter. In such instances, the building inspector or his designee shall:

(1)

Provide written notice to the property owner of such violation, allowing ten working days for the property owner to make the changes necessary to be in compliance with this article.

(2)

Failure to comply with the provisions of this article shall be punishable by a fine not less than $100.00 per day and not to exceed $250.00 per day.

(3)

Each day any violation of this article shall continue shall constitute a separate offense.

(4)

Persons who initiate such improvements after applying for, but being denied a letter of approval by the historic district development commission, shall be deemed immediately in violation, and shall be cited without ten days written notification.

(Ord. No. 4514, § 1, 11-17-2009)

(a)

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:

Exterior architectural feature means the architectural style and general arrangement of such portion of the exterior of a structure as is designed to be open to view from a public street or way including kind, color and texture of building material of such portion, and type of all windows, doors, lights, signs and other appurtenances to such portion, including off-street parking.

Farmers market means any privately owned or operated open-air market involving five or more individual operators working in the same general location for sale at retail or wholesale of fresh fruits and vegetables, produce, herbs and spices, jams and jellies, and homemade/handcrafted products. Any sales of poultry, meat or meat products, fish, and milk or milk products must be inspected by the United States Department of Agriculture, the Missouri Department of Agriculture, or the appropriate federal, state, and/or county health agencies having jurisdiction over the sale and distribution of such products. Farmers markets are prohibited from selling or offering for-sale large livestock. All farmers markets and individual operators must meet the guidelines of Marion County's food ordinance, and all provisions of the Marion County Health Department's policy on farmers markets.

(b)

Permitted uses, H-1 district. Subject to the issuance of a letter of approval, one or more of the following uses are permitted:

(1)

Museums, libraries and public parks, passive recreation.

(2)

Any retail sales stores within a building, including sale of intoxicating beverages and food for consumption on the premises. The requirements herein that retail sales take place within a building or that food is consumed on the premises shall not apply to farmers markets, nor the authorized use of public streets and other city property nor to the fundraising activities of nonprofit corporations during public events lasting no longer than seven consecutive days.

(3)

Farmers markets.

(4)

Any service facilities within a building such as a bank, office, restaurant, motel, barbershop, photographer, hotel, shoe repair, amusement of similar facilities.

(5)

Accessory buildings and uses customarily incident to the permitted uses as specified in this section, including off-street parking.

(6)

Any other use permitted in district C, local business district, except medical marijuana dispensary facilities.

(Ord. No. 4620, § 1, 8-21-2012; Ord. No. 4799 , § 5, 5-7-2019)

Editor's note— Ord. No. 4620, § 1, adopted Aug. 21, 2012, repealed former § 32-446, and enacted a new § 32-446 as set out herein. Former § 32-446 pertained to the same subject matter and derived from Ord. No. 4514, § 1, adopted 11-17-2009.

The area regulations for the H-1 district areas are as follows:

(1)

Front yard. No front yard is required.

(2)

Side yard. No side yard is required.

(3)

Rear yard. No rear yard is required.

(Ord. No. 4514, § 1, 11-17-2009)

The designation of a property as a individual local historic landmark shall be proposed either by the historic district development commission (HDDC) on its own motion or by the filing of a petition with the department of public works, on a standard form furnished by that department.

(a)

Petition requirements.

(1)

In the case of a proposed individual local landmark, signatures of all owners of record of said property agreeing to become an individual local historic landmark are required.

(2)

The address of the proposed individual local historic landmark.

(3)

The legal description of the proposed individual local landmark.

(4)

Documentation explaining how the landmark meets the definition of an individual local historic landmark.

(b)

Permitted uses, individual local historic landmark. Subject to the issuance of a letter of approval, one or more of the following uses are permitted:

(1)

All uses for an individual local historic landmark are subject to the existing zoning classification of the areas that underlie the local historic landmark.

(c)

HDDC public hearing. Upon submission of a petition, the HDDC must make a report to the city council recommending whether or not the property being designated as an individual local historic landmark is eligible. Before any report or recommendation is submitted, the HDDC shall hold a public hearing on any proposal to designate a property as an individual local historic landmark. Notice of said public hearing shall be published in conformance with RSMo 610. After the public hearing, the HDDC shall submit its report to the planning and zoning commission, and if the HDDC recommends proceeding with the establishment of the individual local historic landmark, it shall include a proposed ordinance establishing the individual local historic landmark and legal description of the property.

(d)

Planning and zoning commission recommendation. Within 60 days of receiving the report and the proposed ordinance from the HDDC, the planning and zoning commission shall submit its recommendations to the city council with respect to the identity and location of said property, including proposed public improvements, and other plans for the renewal of the area involved. Based upon such considerations, the planning and zoning commission shall recommend approval, disapproval or modification of the proposed individual local historic landmark. The HDDC shall be advised of any modifications to the proposed designation, which are recommended to the city council by the planning and zoning commission.

(e)

City council public hearing. After receiving the recommendations of the HDDC and planning and zoning commission on the proposed or altered landmark, the city council shall provide notice of public hearing, as provided by law, and conduct a public hearing on the ordinance establishing the individual local historic landmark. The city council may adopt or reject the ordinance or may refer the individual local landmark designation to the HDDC for modification. If the city council refers the landmark designation to the HDDC for modification, the procedures described in subsections (c) through (e) of this section shall be followed, with the following exceptions:

(1)

Unless substantial modifications are proposed, the public meeting requirement described in subsections (c) and (d) above, may be waived;

(2)

The property owner's affected by the city council's proposed modification shall be notified by mail of the modification prior to action by the HDDC;

(3)

Referral to the planning and zoning commission is not required unless the modification will increase the area of the individual local historic landmark.

(Ord. No. 4514, § 1, 11-17-2009)

The department of public works shall maintain a register of individual local historic landmarks in Hannibal.

(Ord. No. 4514, § 1, 11-17-2009)

Following the designation of an individual local historic landmark by the city council, the city clerk shall file a copy of the ordinance designating the individual local historic landmark and the legal description of the individual local historic landmark with the department of public works and shall also record the individual local historic landmark designation in the office of the recorder of Marion County, Missouri. The city shall note all individual local historic landmark designations on the zoning map.

(Ord. No. 4514, § 1, 11-17-2009)

A property designated as an individual local historic landmark, in accordance with this article, shall be eligible to have a plaque placed upon it to recognize it as such. The plaque shall be of a standard design approved by the HDDC, shall be so placed as to be visible to passing pedestrians, and shall conform to all applicable sign regulations of the City of Hannibal.

(Ord. No. 4514, § 1, 11-17-2009)