Hermann City Zoning Code
ARTICLE III
Historic District Regulations
Section 420.250 "HO" Historic Overlay District.
[Ord. No. 1212 §1, 9-6-1995]
A.
Purpose. The "HO" Historic Overlay District is intended to provide for the protection and enhancement of buildings, structures, and areas of special historic, community, or architectural significance in the interest of promoting the educational, cultural, economic and general welfare of the City of Hermann. The purpose of this Article is to:
1.
Provide a mechanism to identify and preserve the historic and architectural characteristics of the City of Hermann which represent elements of the City's history;
2.
Foster civic pride in the beauty and noble accomplishments of the past as represented by landmarks and historic districts in the City of Hermann;
3.
Conserve and improve the value of property designated as landmarks or within historic districts;
4.
Protect and enhance the attractiveness of the City to residents and visitors, and thereby support and promote business, commerce, and industry and provide economic benefit to the City; and
5.
Foster and encourage preservation, restoration, and rehabilitation of structures, areas, and neighborhoods, and thereby prevent future community deterioration.
Section 420.260 Meetings of Landmarks Commission.
[Ord. No. 1212 §1, 9-6-1995]
A.
A quorum shall consist of a majority of the members. All decisions or actions of the Landmarks Commission shall be made by a majority vote of those members present and voting at any meeting where a quorum exists.
B.
Meetings shall be held at regularly scheduled times to be established by resolution of the Landmarks Commission at the beginning of each calendar year or at any time upon the call of the Chairman.
C.
No member of the Landmarks Commission 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 Landmarks Commission that could in any manner deprive or restrict the owner of a property in its use, modification, maintenance, disposition, or demolition until such owner shall first have had the opportunity to be heard at a public meeting of the Landmarks Commission as provided herein.
D.
The Chairman may administer oaths and compel the attendance of witnesses. All meetings of the Landmarks Commission shall be open to the public. The Landmarks Commission shall keep minutes of its proceedings, showing the votes cast and by whom, 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 a public record.
Section 420.270 Powers and Duties.
[Ord. No. 1212 §1, 9-6-1995]
A.
The Landmarks Commission shall have the following powers and duties:
1.
To adopt its own procedural regulations;
2.
To conduct or review surveys to identify historically and architecturally significant properties, structures, and areas that exemplify the cultural, social, economic, political, or architectural history of the Nation, State, or City;
3.
To investigate and recommend to the Planning Commission and to the Board of Aldermen the adoption of ordinances designating properties or structures having special historic, community, or architectural value as "Landmarks";
4.
To investigate and recommend to the Planning Commission and to the Board of Aldermen the adoption of ordinances designating areas as having special historic, community, or architectural value as "Historic Overlay Districts";
5.
To develop and recommend to the Planning Commission and Board of Aldermen specific design guidelines for the alteration, construction, or removal of landmarks or property and structures within historic districts;
6.
To keep a register of all properties and structures that have been designated as landmarks or historic districts, including all information required for each designation;
7.
To make recommendations for the design and implementation of specific markings of the streets and routes leading from one landmark or historic district to another;
8.
To offer advice and assistance to owners of landmarks and property of structures within historic districts on physical and financial aspects of preservation, renovation, rehabilitation, and reuse and on procedures for inclusion on the National Register of Historic Places;
9.
To assist property owners in nominating landmarks and historic districts to the National Register of Historic Places;
10.
To provide information concerning the historic and architectural heritage of the City by publishing appropriate maps, newsletters, brochures, and pamphlets, and by holding programs and seminars;
11.
To hold public hearings and to review applications for construction, alteration, removal, or demolition affecting proposed or designated landmarks or structures within historic districts and to issue or deny Certificates of Appropriateness for such actions. Applications shall include drawings, specifications, and other information as may be necessary to allow the Landmarks Commission to make decisions;
12.
To consider applications for Certificates of Economic Hardship that would allow the performance of work for which a Certificate of Appropriateness has been denied;
13.
To administer on behalf of the City of Hermann any property or full or partial interest in real property, including easements, that the City of Hermann may have or accept as a gift or otherwise, upon authorization and approval by the Board of Aldermen;
14.
To accept and administer on behalf of the City of Hermann such gifts, grants, and money as may be appropriate for the purposes of this Article. Such money may be expended for publishing maps and brochures or for hiring staff persons or consultants or performing other appropriate functions for the purpose of carrying out the duties and powers of the Landmarks Commission and the purposes of this Article;
15.
To call upon available City staff members as well as other experts for technical advice;
16.
To retain such specialists or consultants or to appoint such citizen advisory committees as may be required from time to time within the budget allocated for the Landmarks Commission;
17.
To testify before all boards and commissions, including the Planning and Zoning Commission, on any matter affecting historically and architecturally significant property, structures, and areas;
18.
To confer recognition upon the owners of landmarks or property or structures within historic districts by means of certificates, plaques, or markers;
19.
To develop a preservation component in the general plan of the City of Hermann and to recommend it to the Planning and Zoning Commission and to the Board of Aldermen;
20.
To review periodically the plan of the City and to provide to the Planning and Zoning Commission and the Board of Aldermen any recommendations appropriate for the protection and continued use of landmarks or property and structures within historic districts; and
21.
To undertake any other action or activity necessary or appropriate to the implementation of its powers and duties or the purposes of this Chapter.
Section 420.280 Surveys and Research.
[Ord. No. 1212 §1, 9-6-1995]
A.
The Landmarks Commission shall review the survey and research effort in the City of Hermann to identify neighborhoods, areas, sites, structures, and objects that have historic, community, architectural, or aesthetic importance, interest, or value. The Landmarks Commission shall then systematically identify potential landmarks and adopt procedures to nominate them in groups based upon the following criteria:
1.
The potential landmarks in one identifiable neighborhood or distinct geographical area of the City of Hermann;
2.
The potential landmarks associated with a particular person, event, or historical period;
3.
The potential landmarks of a particular architectural style or school, or of a particular architect, engineer, builder, designer, or craftsman; and
4.
Such other criteria as may be adopted by the Landmarks Commission to assure systematic survey and nomination of all potential landmarks within the City of Hermann.
Section 420.290 Nomination of Landmarks and Historic Overlay Districts.
[Ord. No. 1212 §1, 9-6-1995]
Nominations shall be made to the Landmarks Commission on a form prepared by it and may be submitted by a member of the Landmarks Commission, owner of record of the nominated property or structure, or a member of the Board of Aldermen.
Section 420.300 Criteria for Consideration of Nomination.
[Ord. No. 1212 §1, 9-6-1995]
A.
The Landmarks Commission shall, upon such investigation as it deems necessary, determine whether a nominated property, structures, or area meets one or more of the following criteria:
1.
Character, interest, or value as part of the development, heritage, or cultural characteristics of the community, County, State, or country;
2.
Location as a site of a significant local, County, State, or national event;
3.
Identification with a person or persons who significantly contributed to the development of the community, County, State, or country;
4.
Embodiment of distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction, or use of indigenous materials;
5.
Identification as the work of a master builder, designer, architect, or landscape architect whose individual work has influenced the development of the community, County, State, or country;
6.
Embodiment of elements of design, detailing, materials, or craftsmanship that render it architecturally significant;
7.
Embodiment of design elements that make it structurally or architecturally innovative;
8.
Unique location or singular physical characteristics that make it an established or familiar visual feature;
9.
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;
10.
Listing on the National Register of Historic Places; and
11.
Suitability for preservation or restoration.
B.
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.
Section 420.310 Report and Recommendation of Landmarks Commission.
[Ord. No. 1212 §1, 9-6-1995]
A.
The Landmarks Commission shall within forty-five (45) days from its receipt of a completed nomination in proper form adopt by resolution a recommendation that the nominated landmark or historic district does or does not meet the criteria for designation in Section 420.300 of this Article. The resolution shall be accompanied by a report to the Planning and Zoning Commission containing the following information:
1.
Explanation of the significance or lack of significance of the nominated landmark or historic district as it relates to the criteria for designation;
2.
Explanation of the integrity or lack of integrity of the nominated landmark or historic district;
3.
In the case of a nominated landmark found to meet the criteria for designation:
4.
In the case of a nominated historic district found to meet the criteria for designation:
a.
The types of significant exterior architectural features of the structures within the nominated historic district that should be protected;
5.
Proposed design guidelines for applying the criteria for review of applications for Certificates of Appropriateness to the nominated landmark or historic district;
6.
The relationship of the nominated landmark or historic district to the ongoing effort of the Landmarks Commission to identify and nominate all potential areas and structures that meet the criteria for designation; and
7.
A map showing the location of the nominated landmark and the boundaries of the nominated historic district.
B.
The recommendations and report of the Landmarks Commission shall be sent to the Planning and Zoning Commission within seven (7) days following the vote on the resolution and shall be available to the public in the office of the City Clerk.
Section 420.320 Design Guidelines.
[Ord. No. 1212 §1, 9-6-1995]
A.
When drafting the design guidelines for applying the criteria for review of applications for Certificates of Appropriateness to a nominated landmark or historic district, the Landmarks Commission shall, at a minimum, consider the following architectural criteria:
1.
Height. The height of any proposed alteration or construction should be compatible with the style and character of the landmark and with surrounding structures in a historic district.
2.
Proportions of windows and doors. The proportions and relationships between doors and windows should be compatible with the architectural style and character of the landmark and with surrounding structures within a historic district.
3.
Relationship of building masses and spaces. The relationship of a structure within a historic district to the open space between it and adjoining structures should be compatible.
4.
Roof shape. The design of the roof should be compatible with the architectural style and character of the landmark and surrounding structures in a historic district.
5.
Landscaping. Landscaping should be compatible with the architectural character and appearance of the landmark and of surrounding structures and landscapes in historic districts.
6.
Scale. The scale of the structure after alteration, construction, or partial demolition should be compatible with its architectural style and character and with surrounding structures in a historic district.
7.
Directional expression. Facades in historic districts should blend with other structures with regard to directional expression. Structures in a historic district should be compatible with the dominant horizontal or vertical expression of surrounding structures. The directional expression of a landmark after alteration, construction, or partial demolition should be compatible with its original architectural style and character.
8.
Architectural details. Architectural details including materials, colors, and textures should be treated so as to make a landmark compatible with its original architectural style and character and to preserve and enhance the architectural style or character of a landmark or historic district.
Section 420.330 Notification of Nomination.
[Ord. No. 1212 §1, 9-6-1995]
The Planning and Zoning Commission shall schedule a public hearing on a nomination within thirty (30) days following receipt of a report and recommendation from the Landmarks Commission that a nominated landmark or historic district does or does not meet the criteria for designation. Notice of the date, time, place, and purpose of the public hearing and a copy of the completed nomination form shall be sent by certified mail to each owner of record of the nominated landmark or of property within the proposed historic district at least fifteen (15) days prior to the date of the hearing. Notice shall also be published not less than five (5) days in advance of the hearing in a newspaper having general circulation in the City of Hermann. The notice shall state the street address and legal description of a nominated landmark and the boundaries of a nominated historic district.
Section 420.340 Public Hearing.
[Ord. No. 1212 §1, 9-6-1995]
Oral or written testimony concerning the significance of the nominated landmark or historic district shall be taken at the public hearing from any interested person. The Landmarks Commission may present expert testimony or present its own evidence regarding the compliance of the nominated landmark or historic district with the criteria for consideration of a nomination set forth in Section 420.300 of this Chapter. The owner of any nominated landmark or of any property within a nominated historic district shall be allowed reasonable opportunity to present evidence regarding significance and shall be afforded the right of representation by counsel and reasonable opportunity to cross-examine witnesses. The hearing shall be closed upon completion of testimony.
Section 420.350 Determination by Planning and Zoning Commission.
[Ord. No. 1212 §1, 9-6-1995]
Within thirty (30) days following close of the public hearing, the Planning and Zoning Commission shall make a determination upon the evidence whether the nominated landmark or historic district does or does not meet the criteria for designation. Such a determination shall be evidenced by resolution of the Planning and Zoning Commission and shall be accompanied by a report stating the findings of the Planning and Zoning Commission concerning the relationship between the criteria for designation in Section 420.300 of this Article and the nominated landmark or historic district and all other information required by Section 420.310 of this Article.
Section 420.360 Notification of Determination.
[Ord. No. 1212 §1, 9-6-1995]
Notice of the determination of the Planning and Zoning Commission, including a copy of the report, shall be sent by regular mail to each owner of record of a nominated landmark and of all property within a nominated historic district and to the nominator within seven (7) days following a determination by the Planning and Zoning Commission that the nominated landmark or historic district does meet the criteria for designation. A copy of the resolution and report accompanied by a recommendation that the nominated landmark or historic district be designated shall be sent to the Board of Aldermen.
Section 420.370 Appeal to Board of Aldermen.
[Ord. No. 1212 §1, 9-6-1995]
In the event of a determination by the Planning and Zoning Commission that the nominated landmark or historic district does not meet the criteria for designation, the nominator or any owner of the nominated landmark or of property within the nominated historic 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.
Section 420.380 Action by Board of Aldermen.
[Ord. No. 1212 §1, 9-6-1995]
The Board shall, within sixty (60) days after receiving the recommendation that the nominated landmark or historic district be designated or receiving a written appeal, either reject the recommendation or written appeal by formal resolution or designate the landmark or historic district by ordinance. The Board may hold a public hearing before enacting the resolution or ordinance and provide notice and take testimony in the same manner as provided in Section 420.340 of this Article. The City Clerk shall provide written notification of the action of the Board by regular mail to the nominator, appellant and each owner of record of the nominated landmark or of all property within a nominated historic district. The notice shall include a copy of the resolution or designation ordinance passed by the Board and shall be sent within seven (7) days of the Board action. A copy of each designation ordinance shall be sent to the Landmarks Commission and the Planning and Zoning Commission.
Section 420.390 Judicial Appeal.
[Ord. No. 1212 §1, 9-6-1995]
A determination by the Board of Aldermen that a nominated landmark or historic district does or does not meet the criteria for designation shall be a final administrative decision reviewable by a court of competent jurisdiction under the Missouri Administrative Procedures Act.
Section 420.400 The Designation Ordinance.
[Ord. No. 1212 §1, 9-6-1995]
Upon designation, the landmark or historic district shall be classified as a District "HO" "Historic Overlay District" or "Landmark"; and, with respect to landmarks, the designating ordinance shall prescribe the significant exterior architectural features; the types of construction, alteration, demolition, and removal that should be reviewed for appropriateness; and the design guidelines for applying the criteria for review of applications for Certificates of Appropriateness.
Section 420.410 Interim Control.
[Ord. No. 1212 §1, 9-6-1995]
No action involving the alteration, construction, demolition, or removal of a nominated landmark or of any property or structure within a nominated historic district shall be initiated from the date of the meeting of the Landmarks Commission at which a nomination form is first presented 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, safety, or welfare. In no event shall the delay be for more than one hundred eighty (180) days.
Section 420.420 Amendment and Rescission of Designation.
[Ord. No. 1212 §1, 9-6-1995]
Designation of a landmark or historic district may be amended or rescinded upon petition to the Landmarks Commission and compliance with the same procedure and according to the same criteria set forth herein for designation.
Section 420.430 Certificate of Appropriateness.
[Ord. No. 1212 §1, 9-6-1995; Ord. No. 1299 §1, 2-23-1999; Ord. No. 1318 §1, 10-25-1999]
A.
A Certificate of Appropriateness shall be required before the following actions may be undertaken affecting the exterior architectural appearance of any landmark or property within a historic district or affecting a significant exterior architectural feature as specified in the ordinance designating the landmark or historic district:
B.
No Certificate of Appropriateness shall be required for the following actions if undertaken as part of the maintenance of a building or structure and if the materials and installation techniques comply with all applicable Codes or other requirements of the Municipal Code:
1.
Repainting any exterior surface, including tin or other metal roofing, of the building in the same color as then exists or in any color included in the chart of historically appropriate colors maintained in the office of the Zoning Inspector.
2.
Tuckpointing, if the mortar matches the current color and texture.
3.
Replacing exterior entry lights with a similar type of light.
4.
Replacing guttering and/or down spouts with the same style and color as then exists.
5.
Replacing windows, doors, or roofing with the same style as then exists, but not necessarily the same material composition.
6.
Replacing shutters with similar size and style as then exists, but not necessarily the same material composition; provided that each shutter shall be one-half (½) the width of the window and the same height as the overall height of the window.
7.
Repairing out-buildings to look essentially as they were before the onset of the current state of disrepair.
8.
Repairing or replacing existing fencing with the same style as then exists, but not necessarily the same material composition.
Section 420.440 Applications for Certificates of Appropriateness.
[Ord. No. 1212 §1, 9-6-1995; Ord. No. 1299 §1, 2-23-1999]
Every action for which a Certificate of Appropriateness is required pursuant to Section 420.430 shall require the submission of a written application to the Landmarks Commission. Any applicant may request a meeting with the Landmarks Commission before or during the review of the application. Application for review of construction, alteration, demolition, or removal for which a Certificate of Appropriateness is required shall be made on a form prepared by the Landmarks Commission and available at the office of the City Clerk. Applications shall include drawings, specifications, and such other relevant information as may be requested by the Landmarks Commission. The Landmarks Commission shall consider the completed application at its next regular meeting. The Landmarks Commission may call a special meeting to review routine applications for a Certificate of Appropriateness when delay to the next regular meeting would create an unnecessary inconvenience to the applicant. A Certificate of Appropriateness may be issued or, if previously issued, modified prior to the next regular meeting upon the signatures of three (3) of the members of the Landmarks Commission.
Section 420.450 Determination by Landmarks Commission.
[Ord. No. 1212 §1, 9-6-1995]
The Landmarks Commission shall review the application for a Certificate of Appropriateness and issue or deny the Certificate of Appropriateness within forty-five (45) days of receipt of the application. Written notice of the approval or denial of the application for a Certificate of Appropriateness shall be provided to the applicant within seven (7) days following the determination and shall be accompanied by a Certificate of Appropriateness in the case of an approval.
Section 420.460 Standards for Review.
[Ord. No. 1212 §1, 9-6-1995; Ord. No. 2443, 2-10-2025]
A.
The decision to issue a Certificate of Appropriateness shall be made by the Landmarks Commission, in its discretion. In evaluating the application for a Certificate of Appropriateness, the Landmarks Commission shall consider any and all factors which it deems relevant, including the City of Hermann Historic District Guidelines adopted by the Board of Aldermen by Ordinance No. 2443 which include the National Register Criteria and the Secretary of the Interior's Standards for Rehabilitation (collectively, "The Guidelines").
B.
The Guidelines are incorporated herein by reference.
C.
The Guidelines shall be available at City Hall and copies thereof shall be provided by the City to every applicant for a Certificate of Appropriateness.
Section 420.470 Denial of a Certificate of Appropriateness.
[Ord. No. 1212 §1, 9-6-1995]
A denial of a Certificate of Appropriateness shall be accompanied by a written statement of the reasons for the denial. The Landmarks Commission shall make recommendations to the applicant concerning changes, if any, in the proposed action that would cause the Landmarks Commission 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 Landmarks Commission. The applicant may resubmit an amended application that takes into consideration the recommendations of the Landmarks Commission.
Section 420.480 Certificate of Economic Hardship.
[Ord. No. 1212 §1, 9-6-1995]
A.
After denial of a Certificate of Appropriateness, an applicant may submit an Application for a Certificate of Economic Hardship. Such application shall be made on a form prepared by the Landmarks Commission and available from the office of the City Clerk. The Landmarks Commission shall schedule a public hearing concerning the application and provide notice in the same manner as provided in Section 420.340 of this Article and as otherwise provided by law for meetings of public bodies, and any person may testify at the hearing concerning economic hardship in the same manner as provided in Section 420.340 of this Article.
B.
The Landmarks Commission 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:
1.
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 Landmarks Commission for changes necessary for the issuance of a Certificate of Appropriateness;
2.
A report from a licensed structural engineer or architect or other construction professional with experience in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation;
3.
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 Landmarks Commission; and, in the case of a proposed demolition, after renovation of the existing property for continued use;
4.
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 structure;
5.
Assessed value of the property according to the two (2) most recent ad valorem tax assessments;
6.
Real estate taxes for the previous two (2) years;
7.
Form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited liability company, limited partnership, joint venture, or other;
8.
Any other information considered necessary by the Landmarks Commission to make a determination as to whether the property does yield, or may yield, a reasonable return to the owner.
C.
In addition to the foregoing information which the Landmarks Commission may solicit or require the applicant to provide, the applicant may provide the following information with respect to any application for a Certificate of Economic Hardship:
1.
Amount paid for the property, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer;
2.
If the property is income-producing, the annual gross income from the property for the previous two (2) years; itemized operating and maintenance expenses for the previous two (2) years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period;
3.
Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years;
4.
Appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing, or ownership of the property; and
5.
Any listing of the property for sale or rent, price asked, and offers received, if any, within the previous two (2) years.
Section 420.490 Determination of Economic Hardship - Issuance or Denial of Certificate.
[Ord. No. 1212 §1, 9-6-1995]
A.
The Landmarks Commission shall review all the evidence and information required of an application for a Certificate of Economic Hardship and make a determination within forty-five (45) days of receipt of the application whether the denial of a Certificate of Appropriateness has deprived, or will deprive, the owner of the property of reasonable use of, or economic return on, the property. Written notice of the determination shall be provided to the applicant within seven (7) days following the determination and shall be accompanied by a Certificate of Economic Hardship in the event of an approval.
B.
If a Certificate of Economic Hardship is issued, the applicant may take the actions authorized therein as if a Certificate of Appropriateness had been issued.
Section 420.500 Condition of Certificate.
[Ord. No. 1212 §1, 9-6-1995]
All work performed under a certificate issued by the Landmarks Commission shall conform to the approved application and plans and approved amendments thereof and other related documents upon which the Landmarks Commission based its approval.
Section 420.510 Revocation of Certificate.
[Ord. No. 1212 §1, 9-6-1995]
The Landmarks Commission may revoke a Certificate of Appropriateness or Certificate of Economic Hardship issued under the provisions of this Article in case the work performed under the certificate is not in conformance with the certificate or condition of the certificate as specified above in this Article, or in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the certificate was based.
Section 420.520 Appeals to Board of Adjustment.
[Ord. No. 1212 §1, 9-6-1995]
A determination by the Landmarks Commission that an application for a Certificate of Appropriateness or Certificate of Economic Hardship be granted or denied may be appealed by any person aggrieved by the determination or by any officer, department, board or bureau of the City affected by any decision of the Landmarks Commission, in the same manner as provided by Section 420.820(D) of this Chapter.
Section 420.530 Ordinary Maintenance Exclusion.
[Ord. No. 1212 §1, 9-6-1995]
Nothing in this Article shall be construed to prevent the ordinary maintenance or repair of any exterior architectural element of any building or structure.