Chapter 16-48
HPD HISTORICAL AND CULTURAL PRESERVATION OVERLAY DISTRICT
Sections:
16-48-010 HPD historical and cultural preservation overlay district established.
16-48-030 Powers and duties of the planning and zoning commission regarding historic preservation.
16-48-040 Duties concerning historic preservation identification.
16-48-050 Duties concerning landmarks.
16-48-060 Procedures for designation for landmarks.
16-48-070 Landmark and landmark site designation criteria.
16-48-090 Historic preservation districts and boards.
16-48-100 Public hearing by the planning and zoning commission.
16-48-110 Historic preservation district board organization.
16-48-120 Powers and duties of the historic preservation district board(s).
16-48-130 Procedures and guidelines for actions of planning and zoning commission and boards.
16-48-140 Certificate of appropriateness—Review criteria for landmarks.
16-48-150 Denial of certificate of appropriateness for landmarks.
16-48-160 Certificate of appropriateness—Review criteria for districts.
16-48-170 Denial of certificate of appropriateness for historic district.
16-48-180 Demolition or removal procedure.
16-48-190 Decision of commission/board towards demolition or removal.
16-48-010 HPD historical and cultural preservation overlay district established.
The historic and cultural preservation district (HPD) is an overlay district and may be established in addition to the underlying district and shall place additional regulations upon the property located therein. (Ord. 2286 § 16.0 (part), 1982)
16-48-020 Purpose.
The purpose of the historic and cultural preservation legislation is to provide a mechanism whereby landmarks and districts in the city identified as having historical or architectural significance may be protected and preserved. Such landmarks and districts may exemplify or reflect the cultural, political or social history of Harvey or distinguish an architectural style, structure or material which upon designation shall be protected from detrimental encroachment. The intent of this chapter is to promote the education, cultural, economic, aesthetic and general welfare of the community by:
A. Protecting, enhancing and perpetuating the distinctive visual characteristics of Harvey, which represent and reflect elements of the city’s cultural, social, political and architectural history.
B. Safeguarding the city’s historic, aesthetic, architectural, cultural and community heritage as embodied in its landmark;
C. Fostering civic pride in the beauty and accomplishment of the past as represented in Harvey’s landmarks and historic districts;
D. Stabilizing and improving property values of Harvey’s landmarks and historic districts;
E. Strengthening the economy of the city and promoting the use of landmarks and historic districts for the general welfare and pleasure of the people of Harvey. (Ord. 2286 § 16.0 (part), 1982)
16-48-030 Powers and duties of the planning and zoning commission regarding historic preservation.
The planning and zoning commission shall have two (2) categories of duties and powers: the first dealing with general activities evolved around the historic preservation identification and the second dealing with specifically with landmarks. (Ord. 3462 § 19, 2022; Ord. 2286 § 16.1 (part), 1982)
16-48-040 Duties concerning historic preservation identification.
A. The planning and zoning commission shall work for the continuing education of the citizens of the city with respect to the historic and architectural heritage of the city and the landmarks and historic preservation districts designated under the provisions of this chapter. It shall keep current and publish a register of landmarks and historic preservation districts.
B. The planning and zoning commission shall conduct a continuing survey of all areas, places, buildings, structures, works of art or similar objects in the city which the planning and zoning commission, on the basis of information available or presented to it, has reason to believe are or will be eligible for designation as landmarks. The planning and zoning commission shall keep records of these surveys, in map and narrative form, for use by the public.
C. In addition, the planning and zoning commission shall have the power to retain consultants to advise the planning and zoning commission. Any contract retaining such a consultant which involves an expenditure of city funds shall be subject to the approval of the city council.
D. The planning and zoning commission shall act as a resource consultant for owners of designated landmark sites. The planning and zoning commission will keep a current file on architects, historians, preservationists and restorationists concerned with historic preservation. (Ord. 3462 § 19, 2022; Ord. 2286 § 16.1(1), 1982)
16-48-050 Duties concerning landmarks.
A. The planning and zoning commission shall hold public hearings and make subsequent recommendations to the city council on applications for sites within the corporate limits of Harvey to be designated as historic landmarks. Designation is subject to the guidelines and procedures set forth by this chapter.
B. The planning and zoning commission shall keep a register of all sites within the corporate limits of Harvey which have been classified as landmarks as set forth by procedures in this chapter. This register will include the backup histories required for each landmark designation and appropriate maps.
C. The planning and zoning commission shall hold public hearings and make recommendation to the city council on all matters relating to certificates of appropriateness concerning landmarks under its jurisdiction subject to the standards set forth in this chapter.
D. The planning and zoning commission shall provide assistance, along with the building and planning department to citizens trying to receive an historical preservation district designation. (Ord. 3462 § 19, 2022; Ord. 2286 § 16.1(2), 1982)
16-48-060 Procedures for designation for landmarks.
A. Any person, group of persons or association may request an historic landmark designation for any site within the corporate limits of the city which may have historic significance as set forth in criteria for evaluation. The secretary of the planning and zoning commission shall supply, upon request, the application forms. Completed forms shall be submitted to the secretary of the planning and zoning commission.
B. The planning and zoning commission shall thereafter notify the owner of such property of the proposed designation. Whenever possible, the planning and zoning commission shall secure the owner’s written consent for submittal of the proposed designation, together with its recommendation and findings of fact, to the city council. In the event that said owner shall refuse or decline to give his or her written consent to the proposed designation, the planning and zoning commission shall schedule a public hearing on the question of the proposed designation, setting forth a date, time and place and causing written notice to be given to the owner or any person having a legal or equitable interest in said property being proposed for designation. The planning and zoning commission shall cause a legal notice to be published in a newspaper of general circulation in the city setting forth the nature of the hearing, the property involved and the date, time and place of the scheduled meeting. (Ord. 3462 § 19, 2022; Ord. 2286 § 16.1(3), 1982)
16-48-070 Landmark and landmark site designation criteria.
The following criteria shall be utilized by the planning and zoning commission in determining the designation of landmarks, landmark sites and historic districts in the city. Standards and criteria should derive from the qualities and characteristics of the local architectural and historical heritage, and should consist of:
A. Symbolic Importance. The ranges of symbolic value are to be determined by the planning and zoning commission based on standards set by national, regional, state or local historic associations.
B. Aesthetic Significance. The aesthetic qualities to be identified are both intrinsic and associative values, generally classified as follows:
1. Intrinsic Values. The indigenous local character, and the outstanding and significant design qualities of the structure or site determine its intrinsic value;
2. Associative Value. Being a prime example of a particular style; a prime example of a regional or local stylistic adaptation or innovation; an accurate stylistic example; the work of a regionally or locally important designer or craftsman; or having a vernacular quality, generic to local design traditions are each determinative of the associative value of the structure or site.
C. Economic and Functional Potentials. The economic and functional potentials of the structure or site are to be considered.
D. Environmental Relationships. The environmental relationship of the structure or site to other established landmarks and landmark sites in the attempt to establish a greater unity shall also be considered.
E. Other Qualities and Characteristics. Such other factors as in the judgment of the planning and zoning commission shall be considered for the preservation of a particular building necessary to preserve the historic or aesthetic character of the structure or site and established landmarks, landmark sites and historic districts.
F. In so utilizing these criteria, the planning and zoning commission survey procedures need not be elaborate. Structures and areas should be evaluated in terms of their peers. Broad considerations of style, date, and historic periods and associations should be utilized to reveal the total quality of the historic environment. (Ord. 3462 § 19, 2022; Ord. 2286 § 16.1(4), 1982)
16-48-080 Relationship of planning and zoning commission to the historic preservation district board(s).
A. The planning and zoning commission shall set general policy for board(s) as they are formed and decisions on certificates of appropriateness are made.
B. The planning and zoning commission shall help citizens who wish to create historic preservation districts and boards.
C. The board functions separately and apart from the planning and zoning commission. The planning and zoning commission shall act in an advisory capacity to each board upon request by the board. Any landmark located at any time within the boundaries of any district shall be subject to jurisdiction of the district and not that of the planning and zoning commission. (Ord. 3462 § 19, 2022; Ord. 2286 § 16.1(5), 1982)
16-48-090 Historic preservation districts and boards.
A. Creation of Mechanism for Historic Preservation District Designation. There is created a procedure for the creation of historic preservation district(s) within the corporate limits of the city. Designation as an historic preservation district is subject to the procedures and guidelines as set down in this chapter. Each district shall also have a board as also defined by this chapter.
B. Procedure for Designation as an Historic Preservation District.
1. The Petition. Any person, group of persons or association may request the designation of an historic preservation district by submitting to the secretary of the planning and zoning commission a petition for designation. Upon receipt of this information, the secretary of the planning and zoning commission shall notify the planning and zoning commission of the need for a public hearing. The public hearing shall be the next regular meeting of the planning and zoning commission at which proper notification for a public hearing can be made. This petition must include:
a. Thirty (30) percent of all the property owners’ signatures within the proposed boundaries of the district in favor of the nomination;
b. A map delineating the proposed boundaries;
c. A visual presentation of the significant structures or improvements contained in the area proposed for designation;
d. A written statement setting forth the character of the area and reasons the proposed area should be designated an historic preservation district. The statement should include: broad cultural, political, economic or social history of the nation, state or community; or identification with historic personages or with important events in national, state, or local history; embodiments of distinguishing type specimens inherently valuable for the study of particularly noteworthy periods of construction, indigenous material or craftsman or represents noteworthy works of master builders, designers, or architects who influenced their age.
2. Preliminary Conference for Public Hearing. Prior to the public hearing, the petitioner, the secretary of the planning and zoning commission and the members of the planning and zoning commission shall work together to prepare the following information for the public hearing:
a. All information requested for the original petition;
b. Schematics representing the character of the area;
c. Drawings or pictures of significant structures, sites or improvements within the designated areas including information as to age, condition, and use of each;
d. Proposed improvements for enhancing and preserving the character of the area and the structures within the designated area. The objectives and design criteria will be established for said district as a guide for future construction and alteration;
e. Legal description of the area;
f. The first draft of the ordinance for the district. (Ord. 3462 § 19, 2022; Ord. 2286 § 16.1(6), 1982)
16-48-100 Public hearing by the planning and zoning commission.
A. The planning and zoning commission shall review all available information. The planning and zoning commission shall make recommendations at the end of their meeting to be presented at the next regularly scheduled meeting of the city council. The planning and zoning commission shall notify the petitioner in writing of its recommendation to the city council.
B. The city council may approve all or part of the area requested for designation, make boundary revisions, or deny the petition. If the city council approves the petition for designation, a resolution shall be recorded with the county recorder of deeds and special notation attached to the city zoning map. The city council may on its own initiative subsequently amend the boundaries of a district, provided public notice is given as set forth in this section and a public hearing is held by the planning and zoning commission. The planning and zoning commission shall make a recommendation to the council after the public hearing.
C. The consideration period on proposed historic preservation districts shall commence at the time of the submission of petition and continue until the final city council decision. During this period, the department of building and planning shall impose a moratorium on any construction, alteration, demolition or removal of structures or other property within the area being studied for historic preservation on designation.
D. Once the area is designated as an historic preservation district, it shall comply with all of the regulations set forth in this chapter concerning guidelines and procedures. (Ord. 3462 § 19, 2022; Ord. 2286 § 16.1(7), 1982)
16-48-110 Historic preservation district board organization.
A. The historic preservation district board shall consist of five members all of whom shall be residents of the city or own property therein. The board should be composed of those individuals who have expressed an interest in historic preservation, drawing from the fields of architecture, real estate, property owners district and individuals knowledgeable in local history. The mayor shall appoint, subject to council approval, the members of the historic preservation district board for terms of three years. Initial members shall serve staggered terms of two members for three years, two members for two years, and one member for one year. Members may serve more than one term.
B. The board shall organize itself and make rules for its organization subject to council approval and to the guidelines set down by this chapter. (Ord. 2286 § 16.2(part), 1982)
16-48-120 Powers and duties of the historic preservation district board(s).
The board shall conduct, within the defined boundaries of its jurisdiction, a survey from which all buildings and structures shall be classified and designated on the architectural and historical building map, to be adopted and approved by the city council and made part of a series of official maps for the district. Such buildings and structures shall be divided into two classes:
A. 1. Historic. Those buildings classified as historic shall possess identified historic or architectural merit of a degree warranting their preservation. They shall further be classified as A. exceptional, B. excellent, C. notable, D. of value as part of the scene;
B. Contemporary. Those buildings and structures not considered significant (Ord. 2286 § 16.2 (part), 1982)
16-48-130 Procedures and guidelines for actions of planning and zoning commission and boards.
A. Certificate of Appropriateness. A certificate of appropriateness issued by the planning and zoning commission, or the appropriate board as set forth in this chapter, shall be required before any structure within the domain of the planning and zoning commission or appropriate board that is or will be visible from a public way is: (1) demolished, wholly or in part; (2) moved; (3) erected, wholly or in part; (4) landscaped; (5) altered; (6) extended; or (7) reconstructed.
B. A certificate of appropriateness shall be required for any of the actions listed in subsection A of this section even when that action does not require a building or demolition permit. No individual, group, organization or department shall commence such action listed in subsection A of this section without first obtaining a certificate of appropriateness. The planning department shall, within two (2) working days, submit copies of all applications to the city administrator’s office and the planning and zoning commission or appropriate board. No building or demolition permit shall be issued for work to be done on any landmark or within the boundaries of the district unless a certificate of appropriateness has been issued for the same work.
C. Notwithstanding, a certificate of appropriateness shall be issued if the applicant shows that a failure to grant the permit will cause an imminent threat to life or property.
D. The certificate of appropriateness shall include the following information:
1. Street address of property involved;
2. Legal description of the property involved;
3. Brief description of the existing improvements situated on the property;
4. Detailed description of the construction, alteration, demolition or use proposed together with any architectural drawings or sketch if these services have been utilized by the applicant, and if not, a sufficient description of the construction, alteration, demolition and use to enable anyone to determine what the final appearance and use of the real estate will be;
5. Owner;
6. Developer, if different from owner;
7. Architect;
8. Each application shall be accompanied by such sketches, drawings, photographs, descriptions or other information not to exceed the size of eight and one-half (8.5) inches by fourteen (14) inches as may be reasonably required by the planning and zoning commission to make a decision. (Ord. 3462 § 19, 2022; Ord. 2286 § 16.3(1-3), 1982)
16-48-140 Certificate of appropriateness—Review criteria for landmarks.
A. If the planning and zoning commission finds that the alteration proposed by the applicant:
1. Will not adversely affect any significant historical or aesthetic feature of the property and is appropriate and consistent with the spirit and purposes of this chapter, or
2. Will remedy conditions imminently dangerous to life, health or property, as determined in writing by the building inspector,
then the planning and zoning commission shall issue a certificate of appropriateness.
B. If the planning and zoning commission finds that the alteration proposed by the applicant will adversely affect any significant historical or aesthetic feature of the property or is inappropriate or inconsistent with the spirit and purposes of this chapter, the planning and zoning commission shall disapprove the application and so advise the applicant and planning department in writing of the denial. (Ord. 3462 § 19, 2022; Ord. 2286 § 16.3(4), 1982)
16-48-150 Denial of certificate of appropriateness for landmarks.
The planning and zoning commission secretary shall transmit to the owner a letter within five (5) working days, stating changes requested before the certificate of appropriateness will be issued. The letter will address the appropriate criteria and other points deemed pertinent to said changes in writing to the planning and zoning commission, and when the planning and zoning commission is satisfied that the above criteria will be met, it shall issue a certificate of appropriateness; if not, the certificate of appropriateness shall be denied. (Ord. 3462 § 19, 2022; Ord. 2286 § 16.3(5), 1982)
16-48-160 Certificate of appropriateness—Review criteria for districts.
A. The application for certificate of appropriateness shall be reviewed at the next meeting of the appropriate board to determine:
1. Whether such construction or alterations result in the maintenance or addition of site landscaping and other vegetation;
2. Whether the proposed construction or exterior alteration conforms to the objective and design criteria established for said district as adopted by the planning and zoning commission;
3. Whether the proposed work will highlight or positively enhance any exterior architectural feature of the improvement upon which said work is to be done; and
4. Whether the new improvements will have a positive effect and will harmonize with the external appearance of other neighboring improvements.
B. If, having evaluated the application, the planning and zoning commission determines that a certificate of appropriateness shall be issued, the planning and zoning commission shall issue a certificate of appropriateness with written conclusions which shall include all reasons for their decisions. The board should consider in making its decision the following architectural criteria:
1. Height. The height of the proposed structure or additions or alterations should be compatible with surrounding structures.
2. Proportions of Structure’s Front Facade. The proportion between the width and height of the proposed structure should be compatible with nearby structures.
3. Proportions of Openings Into the Facility. The proportions and relationships between the doors and windows should be compatible with existing structures.
4. Relationship of Building and Related Spaces. The relationship of a structure to the open space between it and adjoining structure should be compatible.
5. Roof Shapes. The design of the roof should be compatible with adjoining structures.
6. Landscape and Appurtenances. Landscaping and the use of appurtenances should be sensitive to the individual structures, their occupants and their needs. Further, the landscape treatment should be compatible with surrounding structures and landscapes.
7. Scale of Structures. The scale of the structure should be compatible with surrounding structures.
8. Directional Expression of Front Elevation. Street facades should blend with other structures with regard to directional expression. When adjacent structures have dominant horizontal or vertical expression, this should be carried over and reflected.
9. Architectural Details. Architectural details and materials should be incorporated as necessary to relate the new with the old and to preserve and enhance the inherent characteristics of the area.
10. Economic Reasonableness. The board shall consider the economic reasonableness of any recommended changes it determines necessary to bring the application into conformity with the character of the district. (Ord. 3462 § 19, 2022; Ord. 2286 § 16.3(6), 1982)
16-48-170 Denial of certificate of appropriateness for historic district.
The board secretary shall transmit to the owner a letter within five working days stating the changes requested before the certificate of appropriateness will be issued. The letter will address itself to the appropriate criteria and other points deemed pertinent by the board. If the owner agrees to said changes in writing to the board, and the board is satisfied that the above criteria will be met, it shall issue a certificate of appropriateness; if not, it shall be denied. (Ord. 2286 § 16.3(7), 1982)
16-48-180 Demolition or removal procedure.
The commission/board secretary shall notify the commission/board of any application involving the demolition, partial demolition or removal of a structure or significant accessory structure. The commission/board shall schedule a public hearing with proper notification through the newspaper and shall notify the applicant in writing. At the hearing, the commission/board shall request the following information:
A. A report from the planning department on the state of repair and structural stability of the structure under consideration;
B. Information and graphics on the extent and process of demolition or removal, including information on any proposed changes in landscaping;
C. Evidence of any hardship that would result in substantial economic loss to the applicant from denial of the petition;
D. An assessment of any alterations in the essential character of the area which would occur as a result of demolition or removal action. (Ord. 2286 5 16.4(A), 1982)
16-48-190 Decision of commission/board towards demolition or removal.
A. If the commission/board’s decision is to post-me the demolition or removal, the commission/board shall notify the owner in writing. During the period set forth for postponement of the requested action, the commission/board shall explore alternatives to demolition or removal. Such alternatives nay include consultation with private citizens and other public boards or agencies in an effort to find a persuasive means of preserving the structure. If sale of property is considered a feasible alternative to the owner, the building must remain on the open market dependent upon its classification for the following lengths of time:
|
Exceptional |
12 months |
|
Excellent |
10 months |
|
Notable |
8 months |
|
Of value as part of the scene |
6 months |
|
Contemporary |
no waiting period |
B. If after a period not to exceed one year, no alternative agreement has been reached with the applicant, the commission/board shall issue a certificate of appropriateness for demolition or removal of the structure in question.
C. In granting the certificate of appropriateness, the commission/board shall take steps as may be necessary to minimize the adverse impact of the requested demolition or removal. (Ord. 2286 § 16.4(B), 1982)
16-48-200 Appeals.
Where the commission/board has denied issuance of a certificate of appropriateness, the applicant for said permit may appeal to the city council. Such appeal must be filed with the city council within fourteen (14) days after the decision of the commission/board. The council shall hold a public hearing and shall vote on said appeal within ninety (90) days of its receipt. A three-fourths vote in opposition to the denial must be recorded in order for a denial by the commission/board to be overturned by the council.
B. If the council disapproved the application for the certificate of appropriateness, it shall transmit its decision in writing to the building inspector along with the reasons for denial. (Ord. 2286 § 16.4(C), 1982)