The purpose of this article is to promote the educational, cultural, economic, and general welfare of the community by:

(a)   Providing a mechanism to identify and safeguard the distinctive historic and architectural characteristics of Oswego which represent elements of the city’s cultural, social, economic, political and architectural history;

(b)   Fostering civic pride in the beauty and noble accomplishments of the past as represented in Oswego’s landmarks and historic districts;

(c)   Stabilizing and improving the value of property designated as landmarks or within historic districts;

(d)   Protecting and enhancing the city’s attractiveness to residents, tourists, visitors, and shoppers and serving as a support and stimulus to business, commerce, and industry;

(e)   Fostering and encouraging preservation, restoration, and rehabilitation of structures, areas, and neighborhoods.

(Ord. 904, Sec. 1)

Unless specifically defined below, words or phrases in this article shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this article its most reasonable application.

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

(b)   Board - The Historic Preservation Review Board.

(c)   Building - A structure created to shelter any human activity, such as a house, barn, church, hotel, or similar structure.  Building may refer to a historically-related complex such as a courthouse and jail or a house and barn.

(d)   Certificate of Appropriateness - A certificate issued by the Historic Preservation Review Board authorizing an alteration, construction, removal, or demolition, even though a certificate of appropriateness has previously been denied.

(e)   Certificate of Economic Hardship - A certificate issued by the historic preservation review board authorizing an alteration, construction, removal, or demolition, even though a certificate of appropriateness has previously been denied.

(f)   Construction - The act of adding an addition to an existing structure or the erection of a new principal or accessory structure on a lot or property.

(g)   Contributing Structure - A structure contributing to the historic significance of a district by location, design, setting, materials, workmanship, feeling, and association and thus, adds to the district’s sense of time and place, and historical development.

(h)   Council - The city council of the City of Oswego, Kansas.

(i)    Demolition - Any act or process that destroys in part or whole a landmark or a structure within a historic district.

(j)    Design Guidelines - A standard of appropriate activity that will preserve the historic and architectural character of a structure or area.

(k)   District - A geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, or objects which are united by past events or aesthetically by plan or physical development.  A district may also comprise individual elements separated geographically but linked by association or history.

(l)    Exterior Architectural Appearance - The architectural character and general composition of the exterior of a structure, including, but not limited to, the kind, color, and texture of the building material and the type, design, and character of all windows, doors, light fixtures, signs, and appurtenant elements.

(m)  Historic, Cultural, Aesthetic, or Architectural Significance - That quality present in buildings, structures, sites, objects, or districts which displays the integrity of location, design, setting, materials, workmanship, and association that reflects the community’s history, culture, aesthetic values, and architectures, and:

(1)   That are associated with events that have made a significant contribution to the broad pattern of the history of the community; or

(2)   That are associated with the lives of persons significant to the history of the community; or

(3)   That embody the distinctive characteristics of a type, period, or method of construction or that possess high aesthetic values, or that as a district represent a significant and distinguishable entity even if its components may lack individual distinction.

(n)   Historic Landmark - Any single building, structure, site or object having particular historic, cultural, aesthetic, archeological or architectural significance.

(o)   Non-Contributing Structure - A structure not contributing to the historic significance of a historic district is one which detracts from the districts sense of time and place and historic development intrinsically; or when the integrity of the original design or individual architectural features or spaces have been irretrievably lost.

(p)   Normal Maintenance and Repair - Any work for which a building permit is not required by law, where the purpose and effect of such work is to correct any deterioration or decay of or damage to a structure or any part thereof and to restore the same as nearly as may be practicable, to its condition prior to the occurrence of such deterioration, decay, or damage.

(q)   Object - An object is a material thing of functional, aesthetic, cultural, historical or scientific value that may be by nature or design, movable yet related to a specific setting or environment.

(r)    Owner or Owners - The term owner or owners means those individuals or public agencies holding fee simple title to property.  Owner or owners does not include individuals, partnerships, corporations, or public agencies holding easements or less than fee interest of any nature.

(s)   Preservation - The application of measures designed to sustain the form and extent of a district, site, building, structure or object essentially as existing.

(t)    Public Improvements - Any improvements to the land, buildings, structures, sites or objects done for the public good, including, but not limited to sidewalks, streets, lighting, information and regulating signs, street furniture and landscaping.

(u)   Rehabilitation - The process of returning a building, structure or object to a state of usefulness by repairs or alterations when its significance does not justify full restoration and when its condition or alteration to the exterior of a building including, but not limited to, signs, awnings, doors, windows and walls.

(v)   Removal - Any relocation of a structure on its site or to another site.

(w)  Repair - Any change that is not construction, removal, or alteration.

(x)   Restoration - The process of accurately recovering, by the removal of later work and the replacement of missing earlier work, the form and details of a building, structure, or object, together with its setting, as it appeared as a particular period of time.

(y)   Site - A site is the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself maintains historical or archeological value regardless of the value of any existing structure.

(z)   Structure - A structure is a work made up of interdependent and interrelated parts in a definite pattern of organization.  Constructed by man, it is often an engineering project large in scale.

(Ord. 904, Sec. 2)

(a)   Creation, Composition, and Terms.

(1)   The historic preservation review board shall consist of no more than seven members, residents of Labette County at the time of their appointment and thereafter for the duration of their terms, all of whom shall be appointed by the mayor and approved by the city council.  The mayor shall make every reasonable effort to appoint both professionals and lay members with a demonstrated interest, knowledge or training in fields related to historical preservation, such a history, planning, real estate, law, finance, building traces, urban design and geography of the city.  At least one member of the board shall be an architect, contractor or person experienced in real estate, one representative from the local historical society, one Labette county commission, one attorney and one representative from the downtown business district.  Information on the credentials of the board members must be kept on file and available to the public.

(2)   All members shall serve without compensation.

(3)   All appointments shall be for a term of three years, except that of the initial membership of which two shall be appointed for terms of one year, two shall be appointed for terms of two years, and three shall be appointed for terms of three years.

(4)   If just cause is shown, members of the board may be removed at any time by the city council.  In the event of removal, death, or resignation of any member of the board, the mayor shall appoint, with the advice and consent of the city council, a successor to serve during the unexpired portion of the term of the predecessor member.  Two alternate member shall be appointed to serve in the absence of the regular members.

(5)   A member of the board may serve only one term.  A person is, however, eligible for reappointment after a one-year period has elapsed from the termination of the member’s previous appointment.

(6)   One member from the board of zoning appeals and one member from the planning commission, city administrator and the mayor of Oswego shall serve as ex officio, nonvoting members, to assist the board.

(b)   Officers and Meetings:

(1)   The members of the historic preservation review board shall select a chairperson, a vice-chairperson, and a secretary who shall serve one year and shall be eligible for re-election; but no member shall serve as chairperson for more than two consecutive years.  The chairperson shall preside over meetings and in the absence of the chairperson, the vice-chairperson shall perform the duties of the chairperson.  The secretary shall take minutes at each meeting, give notice for all public hearings, advise the mayor of vacancies and expiring terms, and prepare and submit proceedings to the city council.

(2)   The members of the historic preservation review board shall meet at least once a month at such time and place as they fix by resolution, subject to open meetings act.  Special meetings may be called at any time by the chairperson or in his or her absence, by the vice-chairperson.  A majority of the board shall constitute a quorum for the transactions of business.

(3)   The board shall have the authority to adopt all rules and regulations necessary to carry out its functions under the provisions of this article.

(c)   Powers and Duties:  The historic preservation review board shall have the following powers and duties:

(1)   To adopt its own procedural regulations;

(2)   To conduct an ongoing survey 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 city council the adoption of ordinance designating properties or structures, or areas as having special historic, community, or architectural values as landmarks or historic districts, respectively;

(4)   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;

(5)   To determine an appropriate system of markers and make recommendations for the design and implementation of specific markings of the streets and routes leading from one landmark or historic district to another.

(6)   To advise and assist owners of landmarks and property or structures within historic districts on physical and financial aspects of preservation, renovation, rehabilitation, on reuse, and on procedures for including on the national register of historic places;

(7)   To nominate landmarks and historic districts to the national register of historic places, and to review comments on any national register nominations submitted to the historic preservation review board upon request of the mayor or city council;

(8)   To inform and educate the citizens of Oswego concerning the historic and architectural heritage of the city;

(9)   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 issue or deny certificated of appropriateness for such actions.  Applicants may be required to submit plans, drawings, elevations, specifications, and other information as may be necessary to make decisions;

(10) To consider applications for certificates of economic hardship that would allow the performance of work for which a certificate of appropriateness has been denied;

(11) To develop specific design guidelines for the alteration, construction, or removal of landmarks or property and structures within historic districts;

(12) To review proposed zoning amendments, application for special use permits, or applications for zoning variances that affect proposed or designated landmarks and historic districts; to periodically review the Oswego zoning ordinance and to recommend to the planning commission the board of zoning appeals and city council any amendments appropriate for the protection and continued use of landmarks or property and structures within historic districts;

(13) To accept and administer on behalf of the city such gifts, grants, and money as may be appropriate for the purpose of carrying out the duties and powers of the historic preservation review board and the purposes of this article;

(14) To call upon available city staff members as well as other experts, specialist or consultants for technical advice; to testify before the boards and commissions on any matter affecting historically and architecturally significant property, structures, and areas;

(15) To confer recognition upon the owners, landmarks or property or structures within historic districts by means of certificates, plaques, or markers;

(16) To request a response to the historic preservation review board’s recommendations from ex-officio members, as representatives of their respective positions, prior to city council action; and

(17) To undertake any other action or activity necessary or appropriate to the implementation of its powers and duties or to implementation of the purpose of this article.

(Ord. 904, Sec. 3)

(a)   Nomination of Landmarks and Historic Districts.  Nominations shall be made to the historic preservation review board on a form prepared by it and may be submitted by a member of the board, owner of record of the nominated property or structure, the city council, or any other person or organization.  The application for designation shall:

(1)   Contain a concise description of the historic, cultural, aesthetic and architectural significance of the contributing structure(s);

(2)   Contain a concise statement of the significance of the landmark or district to the community in terms of its integrity, quality of its architecture and environment, importance of its development in the history of the community or events and persons associated with the landmark district;

(3)   Define the location of the landmark or boundaries of a historic district which reflect historical and/or visual rationale.

(b)   Criteria for Consideration of Nomination.  The historic preservation review board shall, upon such investigation as it deems necessary, make a determination as to whether a nominated property, structures, or area meets one or more of the following criteria:

(1)   Its character, interest, or value as part of the development, heritage, or cultural characteristics of the community, county, state, or country;

(2)   Its location as a site of a significant local, county, state, or national event;

(3)   Its identification with a person or persons who significantly contributed to the development of the community, county, state, or country;

(4)   Its 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)   Its 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)   Its embodiment of elements of design, detailing, materials, or craftsmanship that render it architecturally significant;

(7)   Its embodiment of design elements that make it structurally or architecturally innovative;

(8)   Its unique location or singular physical characteristics that make it an established or familiar visual feature;

(9)   Its 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; and/or

(10) Its suitability for preservation or restoration.  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.  Properties that have achieved significance within the past 50 years shall not be considered eligible for designation.  However, such properties will qualify if they are integral parts of districts that do meet the criteria or if the property is determined to be of exceptional importance.

(Ord. 904, Sec. 4)

(a)   Notification of Nomination.  The board shall, within 30 days of receipt of a completed nomination, give notice at least 15 days in advance of next meeting.  The board shall issue notice to the best of its ability to owners of record, nominators, and every property owner and tenant adjoining the nominated landmark or within the proposed historic district.  Notice, stating the street address and legal description of the nominated property, shall also be published in a local newspaper.

(b)   Public Hearing.  At the meeting the board shall hear testimony in regard to the nomination and shall make findings and conclusions regarding the designation of the historic landmark or district. Four of seven or majority affirmative votes shall be required to constitute a recommendation of approval.

(c)   Notification of Determination. 

(1)   Upon recommendation of approval by the board, recommendation shall be forwarded to the city council by the board in the form of an ordinance that shall specifically defined the historic district or landmark to be designated.  In addition, the board will submit design guidelines and all other information required for city council resolution.

(2)   The city council shall, within 60 days after receiving the board’s recommendation either reject or designate the nominated landmark or historic district by formal resolution.  The city council may hold a public hearing before enacting the resolution or ordinance, provide notice, and take testimony in the same manner as provided in section 1-905(a) and (b).

(3)   Amendment or addition of designation shall follow the same procedure as required for designation.  If within 30 days of adoption of an ordinance establishing a historic district or landmark, 51 percent of the owners of contributing structures file a petition with the city clerk protesting the creation of the district or landmark, the ordinance shall be deemed void.  If no protest petition is received within this 30 day period, the ordinance shall be deemed permanent.

(4)   Immediately upon designation, the city administrator, board of zoning appeals, planning commission, county commissioners, and state historic preservation officer shall be so notified by the historic preservation review board.  (If appropriate, the board shall also be responsible for applying to the state historic preservation officer requesting certification of the district or landmark by the Department of the Interior.)

(d)   Appeal Process.  In the event of a nomination denial, the historic preservation review board shall grant a rehearing if new evidence is presented that the district or landmark meets the criteria for designation.  The board’s recommendations are again forwarded to city council, who shall, within 60 days of a written appeal, reconsider the new evidence and either reject or designate the nominated landmark or historic district by formal resolution.

(Ord. 904, Sec. 5)

(a)   Designation.  Upon designation, the landmark or historic district shall classified as a District H - Historic District, and the designing ordinance shall prescribe the significant exterior architectural features; types of construction, alteration, demolition, and removal that should be reviewed for appropriateness; the design guidelines; permitted and special uses, and other regulations. Designation may be amended or rescinded upon petition to the historic preservation review board and compliance with the same procedure set forth herein for designation. The official zoning map of the city shall be amended to show the location of the District H - Historic District.

(b)   Interim Control.  No building permit shall be issued by the city superintendent for alternation, construction, demolition, or removal of a nominated landmark or of any property or structure within a nominated historic district from the date of the meeting of the historic preservation review board at which a nomination form is first presented until the final disposition of the nomination by the city council unless such alteration, removal, or demolition is authorized by formal resolution of the city council as necessary for public health, welfare, or safety.  In no event shall the delay be for more than 180 days.

(c)   Certificate of Appropriateness.  A certificate of appropriateness shall be required before the following actions affecting the exterior architectural appearance of any landmark or property within a historic district may be undertaken:

(1)   Any construction, alteration, or removal requiring a building permit from the city;

(2)   Any demolition in whole or in part requiring a permit from the city;

(3)   Any construction, alteration, demolition, or removal affecting a significant exterior architectural feature as specified in the ordinance designating the landmark or historic district.

(d)   Applications for Certificates of Appropriateness.

(1)   Every application for a demolition permit or a building permit, including the accompanying plans and specifications, affecting the exterior architectural appearance of a designated landmark or a property within designated historic district shall be forwarded by the city superintendent to the historic preservation review board within seven days following receipt of the application by the city superintendent.  The city superintendent shall not issue the building or demolition permit until a certificate of appropriateness has been issued by the historic preservation review board.  Any applicant may request a meeting with the historic preservation review board during the review of construction, alteration, demolition, or removal not requiring a building permit for which a certificate of appropriateness is required and such application shall be made on a form prepared by the historic preservation review board and available at the Oswego city hall.  The historic preservation review board shall consider the completed application at its next regular meeting.

(2)   The historic preservation review board shall review the application for a building or demolition permit or for a certificate of appropriateness and issue or deny the certificate of appropriateness within 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 and the city superintendent within seven days following the determination and shall be accompanied by a certificate of appropriateness in the case of approval.

(3)   A denial of a certificate of appropriateness shall be accompanied by a statement of the reasons for the denial.  The historic preservation review board shall make recommendations to the applicant concerning changes, if any, in the proposed action that would cause the historic preservation review board 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 historic preservation review board.  The applicant may resubmit an amended application or reapply for a building or demolition permit that takes into considerations the recommendations of the historic preservation review board.

(e)   Standards for Review.  In considering an application for a building or demolition or for a certificate of appropriateness, the historic preservation review board shall be guided by the following general standards and design guidelines established by the board in addition to specific design guidelines in the ordinance designing the landmark or historic district.

(1)   Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.

(2)   The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed.  The removal or alteration of any historic material or distinctive architectural feature should be avoided when possible.

(3)   All buildings, structures, and sites shall be recognized as products of their own time.  Alterations that have no historical basis and that seek to create an earlier appearance shall be discouraged.

(4)   Changes that may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment.  These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

(5)   All real property, building, structure, or utility thereon designated as a historic landmark or located within a historic district, whether owned or controlled privately or by any public body, shall receive reasonable care and maintenance and upkeep appropriate for the protection, preservation, enhancement, perpetuation, or use in compliance with the terms of this article and uniform building code requirements.

(6)   Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure, or site shall be treated with sensitivity.

(7)   Deteriorated architectural features shall be repaired rather than replaced, wherever possible.  In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities.  Repair or replacement of missing architectural features should be based on accurate duplication of features, substantiated by historic, physical, or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

(8)   The surface cleaning of structures shall be undertaken with the gentlest means possible.  Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

(9)   Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any project.

(10) Contemporary design for alterations and additions to existing properties shall to be discouraged when such alterations and additions do not destroy significant historical, architectural, or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment.

(11) Whenever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

(12) Minimum architectural criteria:

(A)  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.

(B)  Proportions of Windows and Doors - The Proportions and relationships between windows and doors should be compatible with the architectural style and character of the landmark and with surrounding structures within a historic district.

(C)  Relationship of Building Masses and Spaces - Relationship of a structure within a historic district to the open space between it and adjoining structures should be compatible.

(D)  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.

(E)   Landscaping - Landscaping should be compatible with the architectural character and appearance of the landmark and of surrounding structures and landscapes in historic districts.

(F)   Scale - The scale of the structure after alteration, construction, or partial demolition should be compatible with its architectural and character and with surrounding structures. The directional expression of a landmark after alteration, construction, or partial demolition should be compatible with its original architectural style and character.

(H)  Architectural Details - Architectural details including materials, colors, and textures should be created 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.

(Ord. 904, Sec. 6)

Application for a certificate of economic hardship shall be made at the _______________Bank through a real estate (low interest) improvement loan program. (This program will only be available for a specific time, deemed appropriate by the ____________Bank.)  At the time of application, the ____________ Bank will forward a form of notification to the historic preservation review board.  The ____________ Bank will make a ruling within 30 days on the application, based on its own criteria, and will send a notice of its decision to the historic preservation review board and to the applicant.  If a denial is issued, the city may offer assistance in cooperation with the ________________ Bank.

(a)   Applications should include the following information:

(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 historic preservation review board for changes necessary for the issuance of a certificate of appropriateness;

(2)   A report from a licensed engineer, architect, or contractor as to the structural soundness of any structures on the property;

(3)   Estimated market value of the property in its current condition and after completion of proposed work;

(4)   In the case of a proposed demolition, an estimate from a real estate professional as to the economic feasibility of rehabilitation or reuse of the existing structure on the property;

(5)   Annual cash flow before and after debt service and remaining balance on any mortgage or other financing secured by the property for the previous two years; and

(6)   Assessed value of the property, real estate taxes on the property, form of ownership or operation of the property, and any other information necessary from the previous two years.

(b)   Real estate (low interest) improvement loan program. The _________________ Bank offers this low interest improvement loan program to property owners of historically designated buildings, structures, sites, objects, or districts who wish to make improvements in compliance with criteria described in this article.  This program will be available for a time specified by the ___________________ Bank, and may be reinstated at any time thereafter.

(Ord. 904, Sec. 7)

Any person who undertakes or causes an alteration, construction, demolition, or removal of any nominated or designated landmark or property within a nominated or designated historic district without a certificate of appropriateness or a certificate of economic hardship shall be guilty of a code violation and upon conviction thereof shall be punished by a fine not less than $50 nor more than $1,000. Every day each such violation shall continue to exist shall constitute a separate violation.  Any person in violation of the above will be required to store the building or structure and its site to its appearance prior to the violation.  This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.  The historic preservation review board may institute any other appropriation or proceeding in the name of the city to enjoin, correct, or abate any violation of this article.

(Ord. 904, Sec. 8)