[R.O. 2008 §405.270; Ord. No. 02-2007, 4-9-2007; Ord. No.
13-2011 §1, 7-11-2011; Ord. No. 14-2011 §1, 7-11-2011]
A.
Purpose. The purpose of this Article is to promote the educational,
cultural, economic and general welfare of the community by:
1.
Providing a mechanism to identify and preserve the distinctive historic,
archaeological and architectural characteristics of Louisiana which
represent elements of the City's cultural, social, economic, political
and architectural history;
2.
Fostering civic pride in the beauty and noble accomplishments of
the past as represented in Louisiana landmarks and historic districts;
3.
Conserving and improving the value of property designated as landmarks
or within historic districts;
4.
Providing for economic benefits to encourage business and residential
owners to locate and invest in historically significant properties;
5.
Protecting and enhancing the attractiveness of the City to home buyers,
tourists, visitors and shoppers and thereby supporting and promoting
business, commerce and industry and providing economic benefit to
the City;
6.
Fostering and encouraging preservation, restoration and rehabilitation
of the historic structures, areas and neighborhoods and thereby preventing
future urban blight;
7.
Promoting the use of historic districts and landmarks for the education,
pleasure and welfare of the people of the City;
8.
Promoting the identification, evaluation, protection and interpretation
of the prehistoric and historic archaeological resources within the
incorporated limits of the City.
B.
ALTERATION
APPROVED HISTORIC PAINT SCHEME REFERENCE
AREA
BOARD OF ADJUSTMENT
CERTIFICATE OF APPROPRIATENESS
CERTIFICATE OF ECONOMIC HARDSHIP
CONSTRUCTION
CULTURAL RESOURCES
DEMOLITION
DESIGN GUIDELINE
EXTERIOR ARCHITECTURAL APPEARANCE
HISTORIC DISTRICT
HPC
HISTORIC SIGNIFICANCE
LANDMARK
MINIMUM MAINTENANCE
ORDINARY MAINTENANCE
OWNER OF RECORD
PUBLIC IMPROVEMENT PROJECT
REMOVAL
REPAIR
SECRETARY OF THE INTERIOR'S STANDARDS
SITE
STOP WORK ORDER
STRUCTURE
SURVEY
Definitions. 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.
Any act or process that changes one (1) or more historic,
architectural or physical features of an area, site, landscape, place
and/or structure including, but not limited to, the erection, construction,
reconstruction or removal of any structure; the expansion or significant
modification of agricultural activities; and clearing, grading or
other modification of an area, site or landscape that changes its
current condition.
A publicly available reference containing color, coverage
proportion ranges, specific products, and the applicable area within
the Historic District where the scheme is appropriate. The selection
of a paint scheme in this reference shall not be deemed to be the
sole requirement to obtain a certificate of appropriateness.
A specific geographic division of the City of Louisiana.
A certificate issued by the Historic Preservation Commission
(HPC) indicating its approval of plans for alteration, construction,
removal or demolition of a landmark or of a structure within a historic
district.
A certificate issued by the HPC authorizing an alteration,
construction, removal or demolition, even though a certificate of
appropriateness has previously been denied.
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.
Districts, buildings, sites, structures, objects and evidence
of some importance to a culture, a subculture or a community for scientific,
engineering, art, tradition, religious or other reasons, significant
in providing resource and environmental data necessary for the study
and interpretation of past life ways and for interpreting human behavior.
Any act or process which destroys in part or in whole a landmark
or a structure within a historic district or which threatens to destroy
a landmark or a structure within a historic district or which destroys
or threatens to destroy a potentially significant property or structure
by failure to maintain it in a condition of good repair and maintenance.
A standard of appropriate activity that will preserve the
historic, prehistoric, architectural, scenic or aesthetic character
of a landmark or historic district.
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.
An area designated as a "historic district" by ordinance
of the City Council may include individual landmarks, as well as other
properties or structures, which, while not of such historic and or
architectural significance to be designated as landmarks, nevertheless
contribute to the overall visual characteristics and historical significance
of the historic district.
Members of the Historic Preservation Commission.
Character, interest or value as part of the development,
heritage or culture of the community, County, State or country; as
the location of an important local, County, State or national event;
or through identification with a person or persons who made an important
contribution to the development of the community, County, State or
country.
A property or structure designated as a "landmark" by ordinance
of the City Council, pursuant to procedures prescribed herein, which
is worthy of rehabilitation, restoration, interpretation and preservation
because of its historic, architectural or archaeological significance
to the City of Louisiana.
The minimum regulations governing the conditions and maintenance
of all existing structures, as set out in the BOCA Basic National
Existing Structures Code, First Edition (1984), as published by the
BOCA Building Officials and Code Administrators International, Inc.,
and adopted by reference, with certain amendments thereto, by the
City Council of the City of Louisiana, Missouri, as such Existing
Structures Code shall be amended from time to time by the City of
Louisiana.
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.
The person, corporation or other legal entity listed as owner
on the records of the County Recorder of Deeds.
Any action by the City of Louisiana or any of its departments
or agencies involving major modification or replacement of streets,
sidewalks, curbs, street lights, street or sidewalk furniture, landscaping,
parking or other portions of the public infrastructure servicing commercial,
residential, recreational or industrial development; or any major
undertakings affecting City parks or City-owned structures.
Any relocation of a structure, object or artifact on its
site or to another site.
Any change that is not construction, alteration, demolition
or removal and is necessary or useful for continuing normal maintenance
and upkeep.
The Secretary of the Interior's Standards for the Treatment
of Historic Properties are sets of treatment standards intended to
assist users in making sound historic preservation decisions for the
preservation, rehabilitation, restoration or reconstruction of historic
properties. The Standards are codified as 36 CFR Part 68 in the July
12, 1995, Federal Register (Vol. 60, No. 133).
The traditional, documented or legendary location of an event,
occurrence, action or structure significant in the life or lives of
a person, persons, groups or tribe or any place with evidence of past
human activity. Sites include, but are not limited to, cemeteries,
burial grounds, occupation and work areas, evidence of farming or
hunting and gathering, battlefields, settlements, estates, gardens,
groves, river crossings, routes and trails, caves, quarries, mines
or significant trees or other plant life.
An order directing an owner, occupant, contractor or subcontractor
to halt an action for which a certificate of appropriateness is required
and notifying the owner, occupant, contractor or subcontractor of
the application process for a certificate of appropriateness.
Anything constructed or erected, the use of which requires
permanent or temporary location on or in the ground, including, but
without limiting the generality of the foregoing, buildings, fences,
gazebos, advertising signs, billboards, backstops for tennis courts,
radio and television antennae and towers and swimming pools.
The systematic gathering of information on the architectural,
historic, scenic and archaeological significance of buildings, sites,
structures, areas or landscapes through visual assessment in the field
and historical research for the purpose of identifying landmarks or
districts worthy of preservation.
[R.O. 2008 §405.280; Ord. No. 02-2007, 4-9-2007; Ord. No.
24-2007 §12, 12-13-2007; Ord. No. 15-2011 §1, 7-11-2011; Ord. No. 19-2011 §1, 7-11-2011; Ord. No. 20-2011 §1, 7-11-2011]
A.
Composition Of Historic Preservation Commission. The Historic
Preservation Commission (HPC) shall consist of five (5) regular members,
all of whom shall be appointed by the Mayor with the consent and approval
of the majority of the members elected to the City Council. In addition
the City Council shall select one (1) of its members to serve as special
member of the HPC; and the Planning and Zoning Commission shall select
one (1) of its members to serve as special members of the HPC, and
said special members shall act as liaison. The HPC special members
from the City Council and Planning and Zoning Commission shall vote
on matters before the HPC but shall not be deemed to hold office.
Candidates for HPC regular membership must be at least one (1) of
the following:
1.
A resident of the City of Louisiana;
2.
The owner of a building in the Historic District;
3.
Owner of an historic landmark; or
4.
An owner or operator of a business deemed to be a landmark, or a
business located within the Historic District.
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All Commission members must have a demonstrated interest, competence
or knowledge in historic preservation. To the extent available in
the community, the HPC shall include professional members representing
such disciplines as architecture, architectural history, prehistoric
and historic archaeology, planning, urban design, cultural geography,
cultural anthropology, folklore, curation, conservation, landscape
architecture, law, real estate brokerage, banking, history or other
fields related to historic preservation and residents of historic
districts or potential historic districts.
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B.
Terms. The terms of office of the members of the HPC shall
be for three (3) years, excepting that the membership of the first
(1st) HPC appointed shall serve respectively for terms of two (2)
for one (1) year; two (2) for two (2) years; and one (1) for three
(3) years. Vacancies shall be filled for the unexpired term only.
Action to fill vacancies shall be initiated within sixty (60) days.
The HPC shall hold at least four (4) meetings per year and any member
of the HPC who fails to attend at least fifty percent (50%) of all
meetings, regular and special, in any calendar year shall thereby
automatically vacate the membership.
C.
Officers. Officers shall consist of a Chairman and Vice
Chairman elected by the HPC who shall each serve a term of one (1)
year and shall be eligible for re-election; but no member shall serve
as Chairman for more than two (2) consecutive years. The Council and
Planning and Zoning Commission representatives shall not be eligible
for office. The Chairman shall preside over meetings. In the absence
of the Chairman, the Vice Chairman shall perform the duties of the
Chairman. If both are absent, a temporary Chairman shall be elected
by those present. The Secretary of the HPC shall be appointed by the
City Administrator and shall have the following duties:
1.
Take minutes of each HPC meeting;
2.
Be responsible for publication and distribution of copies of the
minutes, reports and decisions to the members of the HPC;
3.
Give notice as provided herein by law for all public hearings conducted
by the HPC;
4.
Advise the Mayor of vacancies on the HPC and expiring terms of members;
and
5.
Prepare to submit to the Council a complete record of the proceedings
before the HPC on any matter requiring Council consideration.
D.
Meetings. A quorum shall consist of four (4) of the members.
All decisions or actions of the HPC shall be made by a majority vote
of those members present and voting at any meeting where a quorum
exists. Meetings shall be held at regularly scheduled times to be
established by resolution of the HPC at the beginning of each calendar
year or at any time upon the call of the Chairman, but no less than
once each quarter. Public notice of all meetings shall be posted in
conformance with standard City policy and Section 610.020, RSMo. No
member of the HPC shall vote on any matters that materially or apparently
affect the property, income or business interest of that member. No
action shall be taken by the HPC that could in any manner deprive
or restrict the owner of the property in its use, modification, maintenance,
disposition or demolition until such owner shall first have had the
opportunity to be heard at public meeting of the HPC as provided herein.
The Chairman and in his/her absence the Acting Chairman may administer
oaths and require the attendance of witnesses. All meetings of the
HPC shall be open to the public except as allowed by State law. The
HPC shall keep minutes of its proceedings, showing the vote, indicating
such fact 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 public record. All HPC rules of procedure,
designation criteria, design guidelines and forms shall be available
to the public at the office of the City Clerk.
E.
Funding. The City Council shall annually appropriate funds
within the budget limitations for the operation of the HPC. The HPC
may, with the consent of the City Council, apply for, receive or expend
any Federal, State or private grant, grant-in-aid, gift or bequest
in furtherance of the general purposes of this Article.
F.
Compensation. The members shall serve without compensation
but shall be reimbursed for any expenses they incur while on Commission
business.
G.
Powers And Duties. The HPC shall have the following powers
and duties:
1.
To adopt its own bylaws and procedural regulations, provided that
such regulations are consistent with this Chapter and the Revised
Statutes of the State of Missouri;
2.
To conduct an ongoing survey for the identification of historically,
archaeologically and architecturally significant properties, structures,
sites and areas that exemplify the cultural, social, economic, political
or architectural history of the nation, State or City; and to maintain
the research information in an inventory accessible to the public
(except for archaeological site locations which shall be restricted);
3.
To investigate and recommend to the Planning and Zoning Commission
and to the City Council the adoption of ordinances designating for
protection properties or structures having special cultural, historic,
archaeological, community or architectural value as "landmarks";
4.
To investigate and recommend to the Planning and Zoning Commission
and the City Council the adoption of ordinances designating for protection
areas as having special cultural, historic, archaeological, community
or architectural value as "historic districts";
5.
To keep a register of all properties and structures which have been
designated as landmarks or historic districts, including all information
required for each designation;
6.
To confer recognition upon the owners of landmarks and property or
structures within historic districts by means of certificates, plaques
or markers; and 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;
7.
To advise and assist owners of landmarks and property or 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;
8.
To nominate landmarks and historic districts to the City of Louisiana
Historic Register and to the National Register of Historic Places
and to review and comment on any nominations to the National Register
of Historic Places;
9.
To inform and educate the citizens of the City of Louisiana concerning
the historic archaeological and architectural heritage of the City
through publication or sponsorship of maps, newsletters, brochures,
pamphlets, programs and seminars by the City, the HPC or other appropriate
parties;
10.
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
certificates 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;
11.
To hold public hearings on each proposed nomination of a landmark
and of a historic district and on the guidelines developed for each
nomination;
12.
To request the Building Inspector to issue stop work orders for any
construction, alteration, removal or demolition undertaken without
a certificate of appropriateness or to stop work that violates the
conditions of a certificate;
13.
To review all applications for demolition permits involving structures located within two hundred (200) feet of landmarks or in historic districts or within two hundred (200) feet of any structure in a historic district according to procedures outlined in Section 405.310 of this Article for certificate of appropriateness. For the purpose of this provision, a landmark or historic district designation may be by the City of Louisiana, State of Missouri or United States Department of Interior. In addition, when the Historic Preservation Commission completes and adopts the initial phase of the ongoing survey described in Section 405.290, all demolition permit applications involving an identified property, structure or area identified as significant will be reviewed by the HPC before a demolition permit is issued;
14.
To consider applications for certificates of economic hardship that
would allow the performance of work for which a certificate of appropriateness
has been denied;
15.
To develop specific design guidelines based on the Secretary of the
Interior's Standards for Rehabilitation for the alteration, construction
or removal of landmarks or property and structures within historic
districts;
16.
To review proposed zoning amendments, applications for special use
permits or applications for zoning variances that affect proposed
or designated landmarks or historic districts;
17.
To administer on behalf of the City of Louisiana any property of
historical significance or full or partial interest in real property,
including easements, that the City of Louisiana may have or accept
as a gift or otherwise upon approval by the City Council;
18.
To accept and administer on behalf of the City of Louisiana, upon
approval of the Council, 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 functions for the purpose of carrying out the duties and powers
of the HPC and the purposes of this Article;
19.
To call upon available City staff members as well as other experts
for technical advice;
20.
To retain such specialists or consultants or to appoint such citizen
advisory committees as may be required from time to time;
21.
To testify before all boards and commissions, including the Planning
and Zoning Commission and the Board of Adjustment, on any matter affecting
historically, archaeologically, culturally and architecturally significant
property, structures, sites and areas;
22.
To make recommendations to the City Council concerning budgetary
appropriations to further the general purposes of this Article;
23.
To develop a preservation component in the Master Plan of the City
of Louisiana and to recommend it to the Planning and Zoning Commission
and to the City Council;
24.
To periodically review the Louisiana zoning ordinance and to recommend
to the Planning and Zoning Commission and the City Council any amendments
appropriate for the protection and continued use of landmarks or property,
sites and structures within historic districts; and
25.
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; and
26.
To develop and maintain a historically appropriate "approved historic
paint scheme reference" containing color, coverage protection ranges,
specific products, and the applicable area within the Historic District
where the scheme is appropriate. The selection of a paint scheme in
this reference shall not be deemed to be the sole factor to award
a certificate of appropriateness. The Historic Preservation Commission
shall update the schemes as the Commission shall deem appropriate.
H.
Removal Of A Member Of The Historic Preservation Commission. The Mayor may, with the consent of a majority of all members elected
to the Council, remove from office any member of the Historic Preservation
Commission at will; and any member of the Historic Preservation Commission
may be so removed by a two-thirds (2/3) vote of all the members elected
to the Council, independently of the Mayor's approval or recommendation.
[R.O. 2008 §405.290; Ord. No. 02-2007, 4-9-2007]
A.
The
HPC shall undertake an ongoing survey and research effort in the City
of Louisiana to identify neighborhoods, areas, sites, structures and
objects that have historic, cultural, archaeological, architectural
or aesthetic importance, interest or value and shall maintain an inventory
of that information. Before the HPC shall on its own initiative nominate
any landmark or district for designation, it shall develop a plan
and schedule for conducting a comprehensive survey of the City of
Louisiana to identify significant resources. As part of the survey,
the HPC shall review and evaluate any prior surveys and studies by
any unit of government or private organization and compile appropriate
descriptions, facts and photographs. The HPC shall systematically
identify potential landmarks and historic districts and adopt procedures
to nominate them based upon the following criteria:
1.
The potential landmarks and historic districts in one (1) identifiable
neighborhood or distinct geographical area of the City of Louisiana;
2.
The potential landmarks and historic districts associated with a
particular person, event or historical period;
3.
The potential landmarks and historic districts of a particular architectural
style or school or of a particular architect, engineer, builder, designer
or craftsman;
4.
The potential landmarks and historic districts containing historic
and prehistoric archaeological resources with the potential to contribute
to the understanding of historic and prehistoric cultures;
5.
Such other criteria as may be adopted by the HPC to assure systematic
survey and nomination of all potential landmarks and historic districts
within the City of Louisiana.
B.
All
inventory material shall be in conformance with standards and guidelines
for cultural resource inventory as established by the State Historic
Preservation office.
[R.O. 2008 §405.300; Ord. No. 02-2007, 4-9-2007]
A.
General. Nominations shall be made to the HPC on a form
prepared by it and may be submitted by a member of the HPC, owner
of record of the nominated property or structure or the City Council.
Nominations shall be turned into the City Clerk who will within seven
(7) days of receipt mail a notification of intent to nominate the
owner of record of the nominated property. Forms and criteria for
nomination will be available at the office of the City Clerk.
B.
Criteria For Consideration Of Nomination. The HPC shall,
upon investigation as it deems necessary, make a determination as
to whether a nominated property, structure, site, area or district
meets one (1) or more of the following criteria based on Criteria
for Evaluation for the National Register of Historic Places:
1.
Its character, interest or value as part of the development, heritage
or cultural characteristics of the community, County, State or country;
2.
Its overall setting and harmony as a collection of buildings, structures,
objects where the overall collection forms a unit;
3.
Its potential to be returned to an accurate historic appearance regardless
of alterations or insensitive treatment that can be demonstrated to
be reversible;
4.
Its location as a site of significant local, County, State or national
event;
5.
Its identification with a person or persons who significantly contributed
to the development of the community, County, State or County;
6.
Its embodiment of distinguishing characteristics of an architectural
type valuable for the study of a period, type, method of construction
or use of indigenous materials;
7.
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;
8.
Its embodiment of elements of design, detailing, materials or craftsmanship
that render it architecturally significant;
9.
Its embodiment of design elements that make it structurally or architecturally
innovative;
10.
Its unique location or singular physical characteristic that make
it an established or familiar visual feature of the neighborhood,
community or City;
11.
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;
12.
Its suitability for preservation or restoration; and
13.
Its potential to yield information important to history and prehistory.
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Any structure, property or area that meets one (1) 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.
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C.
Public Hearing On Landmarks And Historic Districts. Upon
receipt of a completed nomination of a landmark or historic district,
the HPC shall schedule a public hearing to solicit input and comment
on the proposed nomination and guidelines for certificates of appropriateness.
D.
Report And Recommendation Of HPC. The HPC shall within forty-five
(45) calendar days from 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 this Section 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.
In the case of a nominated landmark found to meet the criteria
for designation:
a.
The significant exterior architectural features of the nominated
landmark that should be protected;
3.
Archaeological significance and recommendations for the interpretation
and protection. In the case of a nominated historic district found
to meet the criteria for designation:
4.
Proposals for design guidelines of HPC review of certificates of
appropriateness within the nominated landmark or historic district.
5.
The relationship of the nominated landmark or historic district to
the ongoing effort of the HPC to identify and nominate all potential
cultural resources that meet the criteria for designation.
6.
Recommendations as to appropriate permitted uses, special uses, height
and area regulations, minimum dwelling size, floor area, sign regulations,
lot size and parking regulations necessary or appropriate to the preservation
of the nominated landmark or historic district, including recommendations
for buffer zones to protect and preserve visual integrity.
7.
A map showing the location of the nominated landmark and/or the boundaries
of the nominated historic district.
The recommendations and report of the HPC 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.
E.
Notification Of Nomination. The Planning and Zoning Commission
shall schedule and hold a hearing on the nomination following receipt
of a report and recommendation from the HPC that a nominated landmark
or historic district does or does not meet the criteria for designation.
The meeting shall be scheduled, held and conducted in the same manner
as other meetings to consider applications for Zoning Map amendments
or ordinance amendments. Notice of the date, time, place and purpose
of the meeting and a copy of the completed nomination form shall be
sent by regular mail to the owner(s) of record and to the nominators.
F.
Public Hearing. Oral or written testimony concerning the
significance of the nominated landmark or historic district shall
be taken at the public hearing from any person concerning the nomination.
The HPC 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 this Section
of this Article. 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
expert witnesses. The hearing shall be closed upon completion of testimony.
G.
Determination By Planning And Zoning Commission. Within sixty (60) calendar 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 made upon a motion and vote 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 Chapter 405 of this Code and the nominated landmark or historic district and all other information required by Chapter 405 of this Code.
H.
Notification Of Determination. Notice of the determination
of the Planning and Zoning Commission, including a copy of the report,
shall be sent by regular mail to the 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 adoption of the
resolution. 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,
report and recommendation shall be sent to the City Council for approval.
I.
Appeal. A determination by the Planning and Zoning Commission
that the nominated landmark or historic district does not meet the
criteria for designation shall be a final administrative decision
reviewable under the Missouri Administrative Procedure and Review
Act, provided however, that 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
City Council.
J.
Action By City Council. The City Council shall, within sixty
(60) calendar 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 an ordinance.
The City Council shall hold a public hearing before enacting the resolution
or ordinance and provide notice and take testimony in the same manner
as provided in this Section of this Article. Any resolution or ordinance
shall be accompanied by a written statement explaining the reasons
for the action of the City Council. The City Clerk shall provide written
notification of the action of the City Council by regular mail to
the nominator, the appellant and the owner(s) of record of the nominated
landmark or of all property within a nominated historic district.
The notice shall include a copy of the designation ordinance or resolution
passed by the City Council and shall be sent within seven (7) days
of the City Council action. A copy of each designation ordinance shall
be sent to the HPC, Planning and Zoning Commission and Building Inspector.
K.
The Designation Ordinance. Upon designation, the landmark
or historic district shall be classified as a "District H-Historic"
and the designating ordinance shall prescribe the significant features;
the types of construction, alteration, demolition and removal, other
than those requiring a building or demolition permit, that should
be reviewed for appropriateness; the design guidelines for applying
the criteria for review of appropriateness; permitted uses; special
uses; height and area regulation; minimum dwelling size; floor area;
lot size; sign regulation; and parking regulations. The official Zoning
Map of the City of Louisiana shall be amended to show the location
of the "District H-Historic" as an overlay zone.
L.
Interim Control. No building permit shall be issued by the
Building Inspector for alteration, 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 HPC at which
a nomination form is first presented until the final disposition of
the nomination by the City Council, unless the property owner proposing
new construction or an alteration first makes a certificate of appropriateness
application to the HPC and is granted an emergency certificate of
appropriateness by the HPC which must be approved by resolution of
the City Council before a building permit can be issued by the Building
Inspector.
M.
Amendment And Rescission Of Designation. Designation may
be amended or rescinded upon petition to the HPC and compliance with
the same procedure and according to the same criteria set forth herein
for designation.
[R.O. 2008 §405.310; Ord. No. 02-2007, 4-9-2007; Ord. No.
05-2008 §1, 3-10-2008; Ord. No. 16-2011 §1, 7-11-2011; Ord. No. 17-2011 §1, 7-11-2011; Ord. No. 18-2011 §1, 7-11-2011]
A.
A certificate
of appropriateness shall be required before the following actions
affecting the significance of any landmark or any structure within
a historic district may be undertaken:
1.
Any construction, alteration or removal requiring a building permit
from the City of Louisiana;
2.
Any demolition in whole or in part requiring a demolition permit
from the City of Louisiana;
3.
Any construction, alteration, demolition or removal affecting a significant
exterior architectural feature or appearance as specified in the ordinance
designating the landmark or historic district; including all signage
except certain temporary signage, banners or decorations as described
in Section 405.350(9);
4.
Any construction, alteration or removal involving earth-disturbing
activities that might affect archaeological resources;
5.
Any actions to correct a violation of a minimum maintenance standard.
B.
Applications
for a certificate of appropriateness shall include accompanying plans
and specifications affecting the significance of a designated landmark
or of a property within a designated historic district; and applications
for demolition permits shall include plans and specifications for
the contemplated use of the property. Applications for building and
demolition permits requiring a certificate of appropriateness shall
be forwarded by the Building Inspector to the HPC at the earliest
convenience but not to exceed seven (7) days following receipt of
the application. A building or demolition permit shall not be issued
until a certificate of appropriateness had been issued by the Historic
Preservation Commission. Any applicant may request a meeting with
the Historic Preservation Commission before the application is reviewed
by the Historic Preservation Commission or during the review of the
application. The Historic Preservation Commission shall contact the
applicant at the earliest convenience but not to exceed seven (7)
days following notification from the Building Inspector. The purpose
of this contact will be to establish the earliest possible meeting
with the applicant to discuss or review the project. Applications
for review of construction, alteration, demolition or removal not
requiring a building permit for which a certificate of appropriateness
is required shall be made on a form prepared by the Historic Preservation
Commission and available at the office of the City Clerk. The Historic
Preservation Commission shall consider the completed application at
its earliest convenience and no later than at its next regular meeting.
C.
Stop Work Order. Whenever the HPC has reason to believe
that an action for which a certificate of appropriateness is required
has been initiated or is about to be initiated or that a violation
of the conditions of a permit has occurred, it shall request that
the Building Inspector make every reasonable effort to contact the
owners, occupants, contractor or subcontractor and inform them of
proper procedures. If the HPC determines that a stop work order is
necessary to halt an action, it shall request the Building Inspector
to send a copy of the stop work order by certified mail, return receipt
requested, to the owners, occupants, contractors and subcontractors
and notify them of the process of applying for a certificate of appropriateness.
A copy of the proper application form shall be included in the notice.
If necessary, a second (2nd) or subsequent stop work order may be
issued for the same project.
D.
Work
deemed to be "ordinary maintenance" by the Historic Preservation Commission
shall not require issuance of a certificate of appropriateness.
E.
No
certificate of appropriateness shall be required of any project where
the sole aim of such project is a change of color to a paint scheme
authorized in the "approved historic paint scheme reference".
[R.O. 2008 §405.320; Ord. No. 02-2007, 4-9-2007]
A.
The
HPC shall review the application for a building or demolition permit
or for a certificate of appropriateness and issue or deny the permit
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 the applicant and the Building
Inspector within seven (7) days following the determination and shall
be accompanied by a certificate of appropriateness in the case of
an approval.
B.
A certificate
of appropriateness shall become void unless construction is commenced
within six (6) months of date of issuance. Certificates of appropriateness
shall be issued for a period of eighteen (18) months and are renewable.
If the project is not completed according to the guidelines provided
in the certificate of appropriateness, the project shall be deemed
in violation of this Article.
C.
Denial Of A Certificate Of Appropriateness. A denial of
a certificate of appropriateness shall be accompanied by a statement
of the reasons for the denial. The HPC shall make recommendations
to the applicant concerning changes, if any, in the proposed action
that would cause the HPC 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 HPC. The applicant may resubmit
an amended application or reapply for a building or demolition permit
that takes into consideration the recommendation of the HPC.
[R.O. 2008 §405.330; Ord. No. 02-2007, 4-9-2007; Ord. No.
24-2007 §12, 12-13-2007]
A.
Public
improvement and land acquisition projects by the City of Louisiana
or any of its departments or agencies shall be reviewed by the HPC
in the following manner:
1.
The HPC shall review and comment upon any public improvement project
proposed by the City of Louisiana or any of its agencies or departments
within any historic district on the site of or within two hundred
(200) feet of any landmarks or within two hundred (200) feet of any
boundary of a historic district. The City Administrator shall send
a completed preliminary design for a public improvement project to
the HPC simultaneously with its submission to the City Council for
approval. The HPC shall have at least thirty (30) days to complete
its review and report to the City Council, except when the City Administrator,
if necessary to accelerate the design review process, may specify
a time less than thirty (30) days within which the HPC shall complete
its review and report to the City Council.
2.
The HPC shall review and comment upon any proposed acquisition of
a landmark or of land or buildings within a historic district by the
City of Louisiana or any of its agencies or departments. The City
Council or the City Administrator shall, at the earliest possible
date that will not interfere with acquisition negotiations, send the
HPC information concerning the location, size, purchase price, current
use and proposed use of the land or building to be acquired and specify
the date by which the HPC shall report to the City Council.
3.
The HPC shall review the public improvement projects within any historic
district on the site of or within two hundred (200) feet of any landmarks
or within two hundred (200) feet of any boundary of a historic district
to determine its effect upon the historic, archaeological character
of the landmark or historic district. The HPC shall review any proposed
acquisition of a landmark or of land or buildings within a historic
district by the City of Louisiana or any of its agencies or departments
to determine its effect upon the historic, archaeological character
of the landmark or determine its effect upon the historic, archaeological
character of the landmark or historic district. After reviewing said
public improvement projects or land acquisition projects, the HPC
shall report to the City Council within any time specified by the
City Council or Planning Department but not to exceed forty-five (45)
days. The report by the HPC shall include any recommendations for
changes to the preliminary design or land acquisition that will lessen
or alleviate any adverse effect of the proposed project upon the historic,
archaeological or architectural character of the landmark or historic
district. The City Council shall take no final action on the preliminary
design or land acquisition until it has received and reviewed the
report of the HPC.
[R.O. 2008 §405.340; Ord. No. 02-2007, 4-9-2007; Ord. No.
22-2011 §§1 — 2, 7-11-2011]
A.
In
considering an application for a building or demolition permit for
a certificate of appropriateness, the HPC shall be guided in principle
by the Secretary of the Interior's Standards, as follows, in addition
to any design guidelines in the ordinance designating the landmark
or historic district. Applications, standards for review and design
guidelines shall be available in the office of the City Clerk for
distribution to the public.
1.
A property shall be used for its historic purpose or be placed in
a new use that requires minimal change to the defining characteristics
of the building and its site and environment.
2.
The historic character of a property shall be retained and preserved.
The removal of historic materials or alteration of features and spaces
that characterize a property shall be avoided. The substitution of
modern materials may be allowed in cases where a substantial advantage
to economy, availability, energy efficiency, and/or durability can
be demonstrated. Such allowance may not be granted unless the general
aesthetic difference is deemed negligible and the future restoration
potential of original historic materials is not substantially hindered.
3.
Each property shall be recognized as a physical record of its time,
place and use. Changes that create a false sense of historical development,
such as adding conjectural features or architectural elements from
other buildings, shall not be undertaken.
4.
Most properties change over time; those changes that have acquired
historic significance in their own right shall be retained and preserved.
5.
Distinctive features, finishes and construction techniques or examples
of craftsmanship that characterize a historic property shall be preserved.
6.
Deteriorated historic features shall be repaired rather than replaced.
Where the severity of deterioration requires replacement of a distinctive
feature, the new feature shall match the old in design, color, texture
and other visual qualities and, where possible, materials. The substitution
of modern materials may be allowed in cases where a substantial advantage
to economy, availability, energy efficiency, and/or durability is
demonstrated. Such allowance may not be granted unless the general
aesthetic difference is deemed negligible and the future restoration
potential of original historic materials is not substantially hindered.
Replacement of missing feature shall be substantiated by documentary,
physical or pictorial evidence.
7.
Chemical or physical treatments, such as sandblasting that cause
damage to historic materials shall not be used. The surface cleaning
of structures, if appropriate, shall be undertaken using the gentlest
means possible.
8.
Significant archaeological resources affected by a project shall
be protected and preserved. If such resources must be disturbed, mitigation
measures shall be undertaken.
9.
New additives, exterior alterations or related new construction shall
not destroy historic materials that characterize the property. The
new work shall be differentiated from the old and shall be compatible
with the massing, size, scale and architectural features to protect
the historic integrity of the property and its environment.
10.
New additions and adjacent or related new construction shall be undertaken
in such a manner that if removed in the future, the essential form
and integrity of the historic property and its environment would be
unimpaired.
[R.O. 2008 §405.350; Ord. No. 02-2007, 4-9-2007; Ord. No.
24-2007 §12, 12-13-2007; Ord. No. 21-2011 §1, 7-11-2011]
A.
Design
guidelines for applying the criteria for review of the certificate
of appropriateness 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
setback and 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 of
surrounding structures and landscapes in historic districts.
5.
Landscaping. Landscaping should be compatible with
the architectural character and appearance of the landmark and of
surrounding structures and landscapes in a historic district.
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.
9.
Temporary signage. No banners, signs or flags should
impede pedestrian or vehicular traffic, block the line of vision for
pedestrians or vehicle operators or create a safety hazard of any
kind. All signage, banners, decorations and flags displayed must not
be offensive or derogatory in any way to any individuals or groups.
a.
Large exterior public banners. Banners which are
erected on the public right-of-way, usually at Third and Georgia Streets,
for various civic, not-for-profit organizations generally announcing
public events or celebrations. Such banners must be approved by the
City Administrator and can only be installed by City crews. Such banners
will be displayed for up to three (3) weeks per display period. The
types of banners include, but are not limited to: Taste of Pike County,
Bloodmobile at the ELKS, Colorfest — 3rd weekend in October,
etc. (Does not require certificate of appropriateness.)
b.
Small building banners. Banners displayed inside
or outside of windows, on storefronts, on buildings or poles on or
adjacent to the establishment displaying such banners. Small banners
may not exceed twenty (20) square feet and they may be displayed for
not more than a total of five (5) weeks per calendar year and no single
display period shall exceed three (3) weeks. Examples of this kind
of sign could be: Grand Opening, Welcome Bikers, Go Bulldogs, Elvis
playing here Saturday, 50% Off Sale this Weekend, Don't forget Valentines
Day, etc. (Does not require certificate of appropriateness.)
c.
Interior window signs. Interior window signs do
not required a certificate of appropriateness but must comply with
the standards described in the first (1st) two (2) paragraphs of this
policy and Supplemental Louisiana Standards for Downtown Historic
Street Signage (Section 5 from City of Louisiana original 2001 downtown
plan).
d.
Flags. Any establishment or organization wishing
to display flags, including Missouri or U.S. flags, in holders currently
installed on light or other poles on storefronts in the Downtown Georgia
Street Historic District may do so without securing a certificate
of appropriateness for up to three (3) periods per year with each
period not exceeding five (5) days. Installation of new flag holders
on poles or storefronts will be done only with the approval of the
City Building Inspector.
e.
Public holiday decorations. Seasonal placement
of the current holiday decorations owned by the City on light poles
is authorized in the Downtown Georgia Street Historic District. These
decorations should be placed no earlier than November first (1st)
and should be removed as soon as practical after New Years. The City
Administrator and HPC should approve the purchase of any new holiday
decorations. Tents, shelters and other temporary public holiday displays
that are approved by the City Administrator will not need HPC approval.
f.
Private interior or exterior holiday window decorations shall not
exceed the bounds of the window frames or door frames. These decorations
should be placed no earlier than November first (1st) and should be
removed as soon as practical after New Years. Certificate of appropriateness
will not be required.
g.
Temporary activities and associated fixtures and signage. Temporary activities in the Downtown Georgia Street District that
last less than four (4) days and have been authorized by the City
Council or City Administrator will not need HPC approval. Temporary
fixtures and signage to support such activities will not need HPC
approval. This includes street fairs, parades, Santa Claus visits,
etc., and the installation of temporary equipment, seating tents,
machinery and other items associated with such activities.
10.
Minimum maintenance. Significant features should
be kept in a condition of good repair and maintenance. All structural
and mechanical systems should be maintained in a condition and state
of repair that will prevent decay, deterioration or damage to significant
features or otherwise adversely affect the historic or architectural
character of structures within a historic district.
11.
Other signage.
a.
Building signs. Signs shall be compatible with the
architecture of the building and the historic nature of the downtown
business district. Each building is allowed a maximum sum total to
all wall, project and window signage of one (1) square foot of signage
per each lineal foot of frontage to the building. If a building has
two (2) frontages, the averages shall be computed. Signage is limited
to advertising signs. Artwork or murals must go through the Mural
Association. Permissible signs include perpendicular signs or wall
signs however perpendicular signs or wall signs shall not exceed twelve
(12) square feet. Signage type and size shall be given to the Building
Inspector prior to placement. Appropriate materials include wood and
metal, plastic should be limited unless it is disguised. Lettering
should be appropriate to the building.
[Ord. No. 06-2022, 3-28-2022]
b.
Projecting signs. Each building in the downtown
business district is allowed one (1) projecting sign per tenant. Projecting
signs shall be included in the total allotment. Projecting signs must
clear the sidewalk by at least eight (8) feet.
c.
Directory signs. In the case of multiple-occupant
buildings, the building owner will allocate directory signage. Directory
signs are not included in the total allotment. Directory signs shall
not be more than one hundred (100) square inches in size.
d.
Window signs. Each building occupant is allowed
permanent window signs with a maximum size of thirty-three percent
(33%) of the panes of glass in the window. Graphics are included as
signage. Window signs will be included as part of the total allotment.
e.
Menus. Each building occupant who sells food and
beverages can display a menu not larger than four hundred (400) square
inches which shall not be included in the total allotment.
f.
Awning signage. Signage is permitted on awnings
and canopies and will be figured into the total allotment.
g.
A-frame and sandwich signs. Each occupant is entitled
to one (1) sign with a maximum thirty (30) inches wide and forty-eight
(48) inches high and may not extend more than thirty-six (36) inches
from the building to allow clear sidewalk access for all pedestrians.
h.
Open and close signs. Shall not exceed one (1) square
foot in size and may be displayed at or near the entrance. Will not
be counted in total allotment.
i.
Real estate signs. Each applicable building may
have one (1) sign in the front and one (1) sign in the side or rear
and must be printed, with a maximum size of sixteen (16) square feet.
j.
Illuminated signs. Internal illumination is not
allowed. Outdoor signs should be illuminated with a steady, concealed
source of light. Neon signs are not allowed outside a building or
inside a window that is visible from the outside.
k.
Hanging hardware. Projecting signs should be attached
securely with historic type devices. Modern looking chains and other
devices should be hidden. This includes wiring, braces, brackets,
mounting hardware and electrical fixtures.
12.
Adoption for use as general guidance, but not as explicit mandates,
of "The Secretary of the Interior's Standards for Rehabilitation"
and "Illustrated Guidelines for Rehabilitating Historic Buildings"
published by the Secretary of the Interior, National Park Service,
Heritage Preservation Series, authorized by Morton, Hume, Weeks and
Jandi, reprinted in 1997.
[R.O. 2008 §405.360; Ord. No. 02-2007, 4-9-2007]
A.
Application for a certificate of economic hardship shall be made on a form prepared by the HPC only after a certificate of appropriateness has been denied. The HPC shall schedule a public hearing concerning the application and provide public notice and individual notice to the applicant, owners of record and owners adjacent to the property in the same manner as in Section 405.030 and any person may testify at the hearing concerning economic hardship. All testimony, objections thereto and rulings at such public hearing shall be taken down by a reporter employed by the City for that purpose or, if electronic tape recording equipment is available, by such electronic means. The HPC 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 HPC for changes necessary
for the issuance of a certificate of appropriateness;
2.
A report from a licensed engineer or architect 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 HPC 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 existing structure.
[R.O. 2008 §405.370; Ord. No. 02-2007, 4-9-2007]
B.
Definition Of Ordinary Maintenance. 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.
C.
Minimum Maintenance Requirement. All buildings and structures
designated by City ordinance as "H" shall be preserved against decay
and deterioration and free from certain structural defects in the
following manner by the owner thereof or such other person or persons
who may have the legal custody and control thereof shall repair such
building if it is found to have any of the following defects:
1.
The deterioration of exterior walls or other vertical supports;
2.
The deterioration of roofs or other horizontal members;
3.
The deterioration of external chimneys;
4.
The deterioration or crumbling of plasters or mortar;
5.
The deterioration of ineffective waterproofing, exterior walls, roofs
and foundations, including broken windows or doors;
6.
The peeling of paint, rotting, holes and other forms of decay;
7.
The lack of maintenance of surrounding environment, e.g., fences,
gates, sidewalks, steps, signs, accessory structures and landscaping;
8.
The deterioration of any feature so as to create or permit the creation
of any hazardous or unsafe condition or conditions.
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If the minimum maintenance is not being maintained, the owner of the property or other person having legal custody thereof shall be notified by the Building Inspector. The notice shall be by certified mail and shall specify each item in the property or landmark that fails to meet minimum maintenance requirements. The owner or other person having legal custody of the property shall have thirty (30) days from the receipt of the notice to comply with the minimum maintenance requirements. The HPC, for good cause shown, may extend the thirty (30) day period. If after the period or any extension granted by the Building Inspector, the owner or person having legal custody of the property shall be in violation of this Section and punished in accordance with Section 405.410.
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Applications for zoning amendments, Conditional Use Permit or
variances for a landmark or structures within a Historic District
shall be referred to the HPC by the Planning Department at least fifteen
(15) days prior to the date of the public hearing set by the Planning
and Zoning Commission or the Board of Adjustment. The HPC may review
these applications using any format which it deems appropriate, provided,
however, that the applicant shall be notified of the time and place
of such review and shall be given the opportunity to appear and be
heard. Within fifteen (15) days after receipt of said application,
the HPC shall forward its comments to the Planning Department for
presentation to the Planning and Zoning Commission for their consideration
in reviewing the application.
[1]
Editor's Note: Ord. No. 17-2018 also changed the title of
this Section from "Review of Applications For The Zoning Amendments,
Special Use Permits and Variances" to "Review of Applications For
The Zoning Amendments, Conditional Use Permits and Variances."
[R.O. 2008 §405.390; Ord. No. 02-2007, 4-9-2007]
If the HPC denies an application for a certificate of appropriateness,
the HPC shall work with the applicant to arrive at a mutually satisfactory
alternative to the proposed activities. If agreement cannot be reached
within six (6) months, the applicant may file with the City Clerk
a written appeal to the Board of Adjustment. In acting upon the appeal,
the Board may grant a variance from the strict interpretation of this
Article when such will not materially affect the health or safety
of the applicant and general public.
[R.O. 2008 §405.400; Ord. No. 02-2007, 4-9-2007]
None of the provisions of this Article shall be construed to
prevent any measures of construction, alteration or demolition necessary
to correct or abate the unsafe or dangerous condition of any structure,
other feature or part thereof, where such condition has been declared
unsafe or dangerous by the Building Inspector and where the proposed
measures have been declared necessary, by such department or departments,
to correct the unsafe or dangerous condition may be performed pursuant
to this Section. In the event any structure or other feature shall
be damaged by fire or other calamity or by act of God or by the public
enemy to such an extent that in the opinion of the aforesaid Building
Inspector it cannot reasonably be repaired and/or restored, it may
be removed in conformity with normal permit procedures and applicable
laws.
[R.O. 2008 §405.410; Ord. No. 02-2007, 4-9-2007; Ord. No.
23-2011 §1, 7-11-2011]
A.
The
Historic Preservation Commission shall establish an appropriate system
of processing reviews of nomination and certificates of appropriateness,
but no fees shall be imposed to process such nominations or certificates.
B.
It
shall be unlawful for any person to undertake or cause an alteration,
construction, demolition or removal of any nominated or designated
landmark or structure within a nominated or designated historic district
without a certificate of appropriateness.
C.
It shall be unlawful to not maintain designated landmarks or structures within designated historic districts within the minimum maintenance requirements of Section 405.370 of this Article.
D.
Any
person convicted of violating the provisions of this Article shall
be punished by a fine no greater than five hundred dollars ($500.00)
or confinement in the City Jail for a period not to exceed sixty (60)
days or both fine and confinement. Each day each violation shall continue
to exist shall constitute a separate violation.
