City Clerk

Chapter 12½

LANDMARKS COMMISSION*

Sec. 12½–1. Established; membership.

There shall be and is hereby established a commission to be known as the landmarks commission of the city. The commission shall consist of seven (7) members appointed by the council of the city. All members shall be residents of the city. (Ord. No. 7534, §2, 5–15–86)

Sec. 12½–2. Commissioners—Qualifications.

Commission members shall have a demonstrated interest in, competence in or knowledge of historic preservation. To the extent available in the city, the commission shall include members representing the disciplines of architecture, architectural history, history, archaeology, planning, urban design, cultural geography or any other field related to historic preservation. (Ord. No. 7534, §2, 5–15–86)

Sec. 12½–3. Same—Terms.

Each member shall serve for a term of three (3) years, provided that the initial appointments to the commission shall be as follows: Two (2) members shall be appointed for a term of one (1) year; two (2) members shall be appointed to a term of two (2) years, and three (3) members for a term of three (3) years; thereafter, each successor who shall be appointed shall be appointed for a term of three (3) years. (Ord. No. 7534, §2, 5–15–86)

Sec. 12½–4. Vacancies.

The council of the city, upon notification of a vacancy, shall initiate action to fill such vacancy, as soon as practicable after notice of the vacancy. (Ord. No. 7534, §2, 5–15–86)

Sec. 12½–5. Meetings.

Commission meetings shall be held at regular intervals and at least four (4) times a year as may be scheduled by the commission. All meetings of the commission shall be public. (Ord. No. 7534, §2, 5–15–86)

Sec. 12½–6. Officers; terms.

Officers, consisting of a chairman, vice–chairman, recording secretary and corresponding secretary, shall be elected by the commission from its membership. The terms of said officers shall be for one (1) year subject to reelection to such office. (Ord. No. 7534, §2, 5–15–86)

Sec. 12½–7. Facilities; secretarial services.

The city, through the office of the chief administrative officer, shall provide the commission with such facilities as it shall need for its operation, including secretarial services. (Ord. No. 7534, §2, 5–15–86)

Sec. 12½–8. Definitions.

[As used in this Chapter, the following words and phrases shall have the meanings ascribed to them below:]

Historic district. An area designated as a "historic district" by the landmarks commission, pursuant to procedures prescribed herein, which contains within definable geographic boundaries one (1) or more landmarks and which may have within its boundaries other properties or structures that, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located within the historic district.

Landmark. A property or structure, including the lot upon which the property or structure is located, designated as a "landmark" by the landmarks commission, pursuant to procedures prescribed herein, that is worthy of rehabilitation, restoration and preservation because of its historic and/or architectural significance to the city. (Ord. No. 7534, §2, 5–15–86)

Sec. 12½–9. Powers and duties of the Landmarks Commission.

The commission is hereby authorized and directed to make a continuous study of all buildings, structures, historic sites, prehistoric sites, landscape elements, works of art, or integrated combinations thereof, or districts or areas containing them, within the city and which are known to or brought to the attention of the commission as possible landmarks or historic districts within the definition of this chapter. The commission shall have authority to establish criteria for and to designate those buildings, structures, historic sites, prehistoric sites, landscape elements, works of art or integrated combinations thereof, or districts or areas containing them which, in its judgment, should be officially designated landmarks or historic districts within the meaning of this chapter. In making such determinations, the commission may seek the advice of consultants, particularly in disciplines not represented by commission members. In making such determinations, and in establishing its rules and regulations for the evaluation of items submitted for its consideration, the commission shall take into account the age, design, period of construction, aesthetic value, past use, historical significance, unusual nature, point of location or other recognized or generally accepted criteria for determinations including, but not limited to, national register criteria, Department of Interior standards, or those of the State of Missouri. For the purpose of carrying out the provisions of this chapter, the commission shall have authority to reduce such criteria to writing and to establish rules and regulations for the evaluation of items submitted for its consideration, as well as to provide ways and means for the submission, evaluation and selection of possible landmarks or historic districts. The commission may adopt such bylaws and rules of procedure, not inconsistent with this chapter, as it deems necessary. (Ord. No. 7534, §2, 5–15–86; Ord. 9076, §1, 9–20-01)

Sec. 12½–10. Landmark or historic district designation—Notice to owner of proposed designation.

Whenever a landmark or historic district has been proposed by the commission, notice of such proposed designation shall be caused to be delivered by the chief administrative officer to the owner or owners of such properties as the name of such owner or owners shall be disclosed by the city records, including owners of property within a historic district. Before a property shall be designated a landmark, the owner of the property shall be given an opportunity to be heard by the commission. Before the commission designates a historic district, a public hearing shall be held, after having given notice of the time, place and purpose of such public hearing by at least one (1) notice in a newspaper of general circulation within the city at least fifteen (15) days prior to the date of the public hearing and by sending a copy of said notice by first class mail to all property owners within the proposed district as shown by the city records. (Ord. No. 7534, §2, 5–15–86)

Sec. 12½–11. Same—Public declaration of official designation; landmark register.

Whenever a property has been officially designated as a landmark or historic district within the meaning of this chapter, such fact shall be publicly declared by the Commission, recorded with the Recorder of Deed’s Office, St. Louis County, and shall be transmitted to the building commissioner of the city who is hereby charged with the duty of maintaining an official landmark register in which shall be entered all such designations, adequately described for proper identification. A statement of considerations in making such designations shall be filed with the building commissioner, who shall maintain such statement for public use and inspection. (Ord. No. 7534, §2, 5–15–86; Ord. No. 9076, §2, 9-20-01)

Sec. 12½–12. Preservation of landmarks.

(a) No building permit for the alteration or modification to the exterior or site of a landmark shall be issued by the City until the plans and specifications have been submitted to the Landmarks Commission for review and approval. This approval is not required for changes to the interior of a landmark property. The Commission shall be guided by the Secretary of the Interior’s “Standards for Rehabilitating Historic Buildings.” In no event shall any applicant be caused unnecessary or unreasonable delay. All complete applications shall be reviewed by the Commission within 60 days of submittal, unless the applicant agrees to extend the time for review.

(b) No building permit for new construction within a historic district shall be issued by the City until the plans have been submitted to the Landmarks Commission for review and approval for adherence to the guidelines of said historic district. In no event shall any applicant be caused unnecessary or unreasonable delay. All complete applications shall be reviewed by the Commission within 60 days of submittal, unless the applicant agrees to extend the time for review.

(c) No demolition permit or permit for relocation shall be issued by the City for any designated landmark or property within a historic district until the plans have been submitted to the Landmarks Commission for review and approval. Upon submission to the Commission of any such application for a demolition permit or a relocation permit, the Commission shall have the power to review and withhold approval for a period of 270 days. During this period, the Commission shall confer with the owner, occupant, or other person having an interest in such building or structure for the purpose of making suggestions and recommendations with respect to any or all means or methods considered feasible and proper for the preservation of such landmark. It shall be the duty of the Commission within this review period to make suggestions and recommendations whereby the landmark in question may be preserved and maintained in a state which will not deface, mar, materially alter, or destroy in whole or in part the historical significance or aesthetic value of such landmark or historic district. The “period of review” shall begin the date the application for review is submitted to the Landmarks Commission. The Commission may grant its approval prior to the completion of the 270 days, but in no case shall the Commission terminate its review within 60 days of its initial review.

(d) The Landmarks Commission may request advisory review of public improvements that affect landmarks and historic districts on the Kirkwood Landmarks Register. The improvement or project should be located within a historic district, on the site of or within 200 feet of any landmark or within 200 feet of any boundary of a historic district.  The Commission shall have at least thirty (30) days to complete its review and report its recommendations to the City Council, except when the directing agency of the City, if necessary to accelerate the design review process, may specify a time less than thirty (30) days within which the Commission shall complete its review and report to the City Council, except as dictated by public safety.

(e) The report of the Commission, while advisory in nature, shall be furnished to any other person, board, commission or entity having jurisdiction over the proposed change, and shall be given due consideration by such person, board, commission or entity.

(f) No demolition permit, building permit, or permit for relocation shall be issued until such time as the Commission shall advise the building commissioner that it has terminated its review hereunder and has recommended approval of such permit provided. However, in the event the Commission fails to make a determination within the identified review period, the application shall be deemed to be approved by the Commission and the study shall be terminated. The building commissioner shall then grant or deny the permit in accordance with all applicable code provisions.

(Ord. No. 7534, §2, 5–15–86; Ord. No. 7565, §1, 8–21–86; Ord. No. 9076, §3, 9-20-01)

Sec. 12½–13. Appeals to city council; review.

Any owner of a designated landmark or owner of property within a designated historic district aggrieved by a decision of the landmarks commission may appeal the decision to the city council. Application for council review shall be made to the city clerk within fifteen (15) days of the sending of notification of the decision of the commission to the affected person. Review by the council shall occur within thirty–one (31) days of the receipt of the appeal. (Ord. No. 7534, §2, 5–15–86)

Sec. 12½–14. Landmarks fund.

The commission is hereby authorized to accept gifts and gratuities on behalf of the city for the study, acquisition, designation and preservation of officially designated landmarks or historic districts. All such gifts and gratuities shall be set aside in a special fund known as the landmarks fund and shall be distributed only upon appropriation by the city council. All such gifts and gratuities shall be used solely for purposes consistent with this chapter and may be disbursed, advanced or loaned upon any lawful terms or conditions established by the city council. (Ord. No. 7534, §2, 5–15–86)


*Editor's note—Ordinance No. 7534, §2, adopted May 15, 1986, repealed former Ch. 12½, §§ 12½–1—12½–9, in its entirety and enacted a new Ch. 12½ in lieu thereof to read as herein set out. Former Ch. 12½ pertained to similar subject matter and derived from Ord. No. 6697, §1, adopted Mar. 5, 1981; Ord. No. 6801, §1, adopted Sept. 17, 1981; and Ord. No. 6869, §1, adopted May 6, 1982.

Cross references—Buildings, construction and housing, Ch. 5; zoning, App. A.