§ 408.020. H-O, Historic Overlay District., Chapter 408. Supplemental Standards, Unified Development Code, Code of Ordinances, Blue Springs

Purpose. The H-O, Historic Overlay District, is intended to advance the following goals:

Protect, enhance and perpetuate such buildings, structures or land improvements and districts that represent or reflect elements of the City's cultural, social, economic, political and architectural history;

Safeguard the City's historic, aesthetic and cultural heritage as reflected in such buildings, structures or land improvements and districts;

Foster civic pride in the beauty and accomplishments of the past;

Strengthen the economy of the City;

Promote the use of a Historic District and Landmark as educational and cultural resources of the City; and

Promote the safety and general welfare of the residents of the City of Blue Springs.

Special Definitions. The following definitions shall apply only when interpreting and administering the regulations of this Section. In case of conflict with the definitions of Chapter 411, these special definitions shall control. In all other cases, the definitions of Chapter 411 shall apply.

ALTERATION: Any act or process that changes one (1) or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure.

CONSTRUCTION: The act of adding an addition to an existing structure or the erection of a new principle or accessory structure on a lot or property.

DEMOLITION: Any act or process that destroys in part or in whole a landmark or structure within an H-O District.

REMOVAL: Relocation of a structure on its site or to another site.

REPAIR: Any change that is not construction, removal, or alteration.

Application — Effect Of H-O Zoning. The H-O District shall be applied in combination with the underlying zoning district classification to designate properties designated as Historic Landmarks or Historic Districts. In case of conflict between the underlying zoning district regulations and the H-O District regulations, the H-O District regulations shall control.

Procedures. The H-O District shall be applied to property pursuant to the zoning amendment procedures of Section 403.030, provided that the Historic Preservation Commission shall issue a recommendation to the Planning Commission prior to the Planning Commission's consideration of the application for H-O zoning.

Criteria For Designation. A structure or site, portion of a structure, group of structures, landscape elements, works of art, or any integrated combination thereof may be designated for preservation if it:

Has significant character, interest or value, as part of the development, heritage or cultural characteristics of the City, State or nation; or is associated with the life of a person significant in the past;

Exemplifies the cultural, political, economic, social or historical heritage of the community;

Portrays the environment in an era of history characterized by a distinct architectural style;

By being part of, or related to, a park or other distinctive area, should be developed to preserve according to plan based on a historic, cultural or architectural motif; or

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

Additional Uses Allowed. Properties zoned H-O shall be subject to the use regulations of the underlying zoning district, provided that the following uses may be allowed as conditional uses if reviewed and approved in accordance with the conditional use review and approval procedures of Section 403.060. Uses in the Historic Overlay District are defined in Section 411.030(A)(11).

[Ord. No. 4795, 2-19-2019]

Bed-And-Breakfast Inn. In any structure constructed before April 20, 1987, and originally designed as a single-family dwelling unit, a bed-and-breakfast may be allowed as a conditional use, subject to the following standards:

The operator of the bed-and-breakfast is a full-time resident of the dwelling or detached accessory dwelling unit on the same lot.

No employees except those who are full-time residents of the subject lot shall be allowed.

A minimum of two (2) off-street parking spaces, plus one (1) per guest room shall be provided. Parking is prohibited in the front yard but may be located to the side or rear of the structures, provided the setback complies with development code setback standards. Fencing, screening and landscaping to buffer and protect surrounding residential properties from any adverse impact caused by the off-street parking of motor vehicles may be required.

A maximum of four (4) guest rooms are provided and each guest's stay is limited to fourteen (14) consecutive days. The quarters to be used by the guests and the occupants of the premises shall be in the principal residential structure or an approved accessory dwelling unit. Unfinished structures and garages are not permitted to be used as living units or sleeping rooms.

No exterior evidence of the bed-and-breakfast inn shall be allowed, except that one (1) two-by-three-foot attached sign shall be permitted. Plans for all proposed exterior changes, including signage, parking, fencing and changes to the structure, will be required to be reviewed through the conditional use permit approval process. Any room additions or expansions must be compatible with the existing architectural style of the building.

No food preparation, except beverages, is allowed within the individual guest rooms. Meal service shall be restricted to residents and overnight guests only. No receptions, private parties, etc., shall be permitted.

The resident owner shall keep a current guest register including names, permanent addresses, dates of occupancy and motor vehicle license of all guests.

The bed-and-breakfast operator shall be required to receive an occupational license.

Arts And Crafts Studios. Arts and crafts studios shall be a conditional use in the H-O District.

Art Galleries. Art galleries shall be a conditional use in the H-O District.

Antique Shops. Antique shops shall be a conditional use in the H-O District.

Museums. Museums shall be a conditional use in the H-O District.

Restaurants. Restaurants that meet the definition of "restaurant, specialty," "tea room/shop," or "coffee house" shall be a conditional use in the H-O District.

Designation Of H-O (Historic Overlay) Zoning Districts And Landmarks.

Recommendations. The Historic Preservation Commission shall recommend to the Planning Commission and City Council the consideration for adoption of ordinances designating single structures or sites, portions of structures, groups of structures, landscaped elements, works of art, or integrated combinations thereof having a special historical or architectural interest or value as Landmarks or Historic Overlay (H-O) Zoning Districts. Such recommendations shall be accompanied by written reports describing the character and significance of the proposed Landmark or Historic Overlay District, outlining its proposed boundaries, and recommending specific criteria and guidelines to preserve its significance. Recommendations should also consider any Comprehensive Plan policies, projected public improvements and existing and proposed renewal and development plans applicable to the area to be affected by designation.

Criteria For Designation. A structure or site, portion of a structure, group of structures, landscape element, works of art, or any integrated combination thereof may be designated as a Landmark or Historic Overlay Zoning District if it:

Has significant character, interest or value, as part of the development, heritage or cultural characteristics of the City, State or nation or is associated with the life of a person significant in the past;

Exemplifies the cultural, political, economic, social or historical heritage of the community;

Portrays the environment in an era of history characterized by a distinct architectural style;

By being part of, or related to, a park or other distinctive area, should be developed to preserve according to plan based on a historic, cultural or architectural motif; or

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

Amendments To Official Zoning Map (rezonings). A recommendation to designate a specific property as a Landmark or Historic Overlay Zoning District shall be considered an application for amendment of the Official Zoning Map. The procedure for designation of property as a Landmark or Historic Overlay District shall be the same as for other amendments to the Official Zoning Map under Section 403.030, except that the Historic Preservation Commission shall be required to make a recommendation regarding designation prior to consideration by the Planning Commission.

Designation By Ordinance And Map. Upon approval of landmark designation or historic overlay zoning by the City Council, the Landmark or Historic Overlay Zoning District shall be classified and designated as an H-O District on the Official Zoning Map. The designating ordinance shall prescribe the significance of the building or site, including its specific exterior architectural features; establish specific design guidelines, including minimum maintenance standards, permitted uses, height and area regulations and where appropriate the proportions of windows and doors, relationship of building masses and spaces, roof shapes, landscaping, signage, and any other criteria or guidelines necessary to accomplish and preserve the particular criteria for designating such property as a Landmark or Historic Overlay Zoning District.

Notification Of Approved Designation. Within fifteen (15) days of the date that the City Council approves the ordinance designating property as a Landmark or Historic Overlay District, the City Clerk shall send certified mail to the owner of record of each property so designated or each property within the designated district a copy of the ordinance and written explanation outlining the basis for such designation and the obligation and restrictions which result from such designation.

Moratorium On Application For Construction, Alteration Or Demolition While Designation Pending. No application for a permit to construct, alter or demolish any structure or other feature in a proposed Landmark or Historic Overlay Zoning District, filed subsequent to the day that notice of a proposed designation has been first given to initiate designation of said Landmark or Historic Overlay District, shall be approved by the Director of Community Development while proceedings are pending on such designations; provided, however, that if after one hundred twenty (120) days have elapsed from the date of the initiation of said designation, the final action on such designation has not been completed, the permit application may be processed.

Review Of Development/Demolition Applications Within H-O Districts.

Applicability. The Director of Community Development shall provide appropriate permit information to the Historic Preservation Commission for review before any of the following actions may be taken on a landmark or to a building, structure, or feature of the land located within a Historic Overlay Zoning District:

Demolition;

Moving;

Material change in the exterior appearance by construction of additions, alterations, or maintenance; or

New construction of a principal building or accessory building within a Historic Overlay District or on the property of a landmark.

Plan Submittal. An applicant requesting permit approval must submit proposed plans to the Director of Community Development in sufficient detail for the Director of Community Development and Historic Preservation Commission to have full knowledge of the requested alteration, particularly how the proposed action will affect the appearance, materials and architectural design of landmark, or the buildings, structure of land within a Historic Overlay District.

Public Meeting. The Historic Preservation Commission shall review permit applications at its regular meetings. Each applicant for application approval shall be notified prior to the Historic Preservation Commission meeting at which the subject application will be reviewed.

Report. A written report of recommendation on the permit by the Historic Preservation Commission shall be forwarded to the applicant and Director of Community Development within forty-five (45) days of receipt of the application by the Historic Preservation Commission.

Review Criteria.

Development Permits. In acting on permit requests under this Section, the Historic Preservation Commission shall consider the extent to which the buildings or structures would be harmonious with or incongruous to the old and historic aspects of the surroundings. It is not the intent of this consideration to discourage the contemporary architectural expression or to encourage the emulation of existing buildings or structures of historic or architectural interest in specific detail. Harmony or incompatibility should be evaluated in terms of the appropriateness of materials, scale, size, height, placement, and use of a new building or structure in relationship to existing buildings and structures and to the setting thereof.

Demolitions. In the case of the proposed demolition of an existing landmark or building within a Historic Overlay District, the Historic Preservation Commission shall review such application and consider the following factors:

(1)

The City's interest in protecting the public's health, safety, and general welfare.

(2)

The detrimental impact upon the historic architectural, cultural, or economic character of the district or community in general.

(3)

The structural feasibility of rehabilitation considering both the technological feasibility and the economic feasibility.

(4)

The cost of rehabilitation and the remaining economic use of the property if rehabilitated, and the economic impact and hardship upon the owner.

Effect Of Report/recommendation. The Historic Preservation Commission's recommendation for approval or disapproval of said permit application shall not be binding on the Director of Community Development.

Guidelines For Rehabilitation. The Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings shall be the Historic Preservation Commission's general guide concerning landmarks and older buildings in Historic Overlay Districts.