[Ord. No. 6054 §1, 1-27-2009]
A.
To
encourage the preservation of historic structures/districts in the
City of Clayton and to assure that owners of properties in historic
districts are given the opportunity to preserve specific properties/areas.
The goals of this Article are as follows:
1.
To allow national historic districts to voluntarily preserve all
contributing structures within the residential section of the designated
neighborhood;
2.
To provide a mechanism to identify and preserve the distinctive historic
characteristics of the City of Clayton which represents elements of
the City's cultural, social, economic, political and architectural
history;
3.
To foster civic pride in the beauty and noble accomplishments of
the past as represented in the City's landmarks and historic districts;
4.
To promote the use of landmarks and historic districts for the education,
pleasure and welfare of the people of the City.
[Ord. No. 6054 §1, 1-27-2009]
The Architectural Review Board (ARB) shall be the Board responsible for considering the certificates of appropriateness for eligible projects (non-contributing structures are not subject to this review) within a designated local historic district. All regulations governing the ARB as described in Title IV (Land Use), Chapter 400 (Planning, City Plan Commission and Architectural Review Board), Article III (Architectural Review Board) shall also govern activities of the Architectural Review Board under this Article, except as specifically noted to the contrary. The ARB may, with the approval of the Board of Aldermen and upon execution of a suitable agreement by the City Manager, contract with one (1) or more historic preservation consultants to provide reports and testimony which may assist the ARB in making a decision regarding issuance of a certificate of appropriateness. The applicant shall be responsible for costs associated with consulting services.
[Ord. No. 6054 §1, 1-27-2009]
A.
All
residential areas, except areas within Urban Design Districts, that
are listed on the National Register of Historic Places are eligible
for local designation. Designation of an area is voluntary based upon
the criteria described below.
B.
A
National Register Historic District will be considered by the Plan
Commission for local designation if a petition containing signatures
of owners of no less than fifty-one percent (51%) of the residential
properties in an area designated as a National Historic District on
the attached Map "A" (or as may be amended in the future) (which is
on file in the City offices) is received requesting local designation.
The Plan Commission will hold a public information session. After
the public information session, a ballot will be sent to the owner
of each property in the proposed district to vote on the designation.
Only the owner of property is eligible to vote. Each property will
be given one (1) vote. An affirmative vote of sixty-six percent (66%)
of the properties in the proposed district must be received within
forty-five (45) days to continue the process. If the requisite affirmative
votes are received within forty-five (45) days from the mailing date,
notice of the proposed designation and a public hearing to be conducted
by the Plan Commission will be sent by first class mail to all owners
within the proposed district as shown by St. Louis County records.
C.
The public hearing notification will follow the process for rezoning as outlined in Chapter 405 (Zoning Regulations), Article XI (Text Amendments and Rezoning). A majority of the Plan Commission must vote to recommend the area a locally designated district. The recommendation for designation will then be forwarded to the Board of Aldermen for final approval.
Exception: Current and future areas designated
as Urban Design Districts (UDDs) are excluded from consideration,
even if located in a National Register Historic District. These Urban
Design District standards are already special zoning areas with standards
specific to each district and are not intended to preclude new development,
but rather to encourage quality development whose size, scale, mass
and architectural design respects the character of the district and
surrounding area. These areas have and will continue to experience
redevelopment that has been accommodated by the UDD Standards.
[Ord. No. 6054 §1, 1-27-2009]
A.
Upon
receipt of the recommendation from the Plan Commission, the City Clerk
shall schedule a public hearing on the nomination. Notice of the time
and place of the public hearing shall be sent to the owner(s) of record
within the district at least fifteen (15) days prior to the date of
the hearing and shall be published in a newspaper having a general
circulation within the City at least fifteen (15) days prior to the
date of the hearing. The Board of Aldermen may approve the recommendation
of the Plan Commission, with or without modification, or may decline
to adopt the proposed designation. Approval shall be by way of an
ordinance and such ordinance shall identify the reasons for the historic
designation.
B.
Designation of Declaration. Within ten (10) days of adoption
of an ordinance by the Board of Aldermen, the City Clerk shall provide
written notification of such action by regular mail to the owner(s)
of record in the designated historic district. A copy of the designation
ordinance shall also be sent to the Plan Commission.
C.
The Designation Ordinance. Upon designation, locally designated historic districts shall be classified as an "H" Historic District. The "H" designation will be a zoning classification and impact all properties within the local designation except those properties/locations exempt as described in Section 405.1522. The official Zoning District Map of the City of Clayton shall be amended to show the location of the "H" Historic Districts.
[Ord. No. 6054 §1, 1-27-2009]
No application for a permit to demolish, construct or alter
any structure located in a proposed historic district will be considered
by the City after ballots for designation of the proposed district
have been received and the required affirmative vote of sixty-six
percent (66%) of the properties has been attained. However, should
one hundred eighty (180) calendar days elapse after receipt of all
the required ballots with no final decision by the Board of Aldermen,
the permit application may proceed to the Plan Commission/Architectural
Review Board or other approval process, as appropriate.
[Ord. No. 6054 §1, 1-27-2009]
A.
A
certificate of appropriateness shall be required before the following
actions affecting the exterior architectural appearance of any property
in a locally designated historic district may be undertaken:
1.
Any construction, alteration or off-site relocation requiring a building
permit. The ARB may, at its discretion, refer the application to the
City Manager for administrative review if the exterior change is not
visible from the street;
2.
Any demolition, in whole or in part, requiring a demolition permit;
3.
Any off-site relocation of a historic district property.
B.
Applications
for a certificate of appropriateness shall include proposed plans
and specifications in sufficient detail for the ARB to have full knowledge
of the requested action, including how the proposed actions will affect
the appearance, materials and architectural design of the building,
structure or land within the designated district and the contemplated
use of the building or land.
[Ord. No. 6054 §1, 1-27-2009]
A.
Construction-related
activities in locally designated districts must receive a certificate
of appropriateness granted by the ARB prior to the issuance of any
building or demolition permit. Procedures for the granting of certificates
of appropriateness are as follows:
1.
No building permit for the alteration or modification to the exterior
or site of a property in a locally designated district shall be issued
by the City until the plans and specifications have been submitted
to the ARB for review and approval. This approval is not required
for changes to the interior of a historical property. The ARB shall
be guided by the Secretary of Interior's "Standards for Rehabilitating
Historic Buildings". All complete applications shall be reviewed by
the ARB within sixty (60) days of the first (1st) ARB meeting following
receipt of a completed application, unless the applicant agrees to
extend the time for review.
2.
No demolition permit or permit for relocation shall be issued by
the City for any property within a historic district until the plans
have been submitted to the ARB for review and approval. Upon submission
to the ARB of any such application for a demolition permit or a relocation
permit, the ARB shall have the power to review and withhold approval
for a period of one hundred eighty (180) days. During this period,
the ARB and/or their designee shall confer with the owner with respect
to any or all means or methods considered feasible and proper for
the preservation of such property. The "period of review" shall begin
the date the completed application for review is submitted to the
ARB.
3.
No building permit, demolition permit or permit for relocation shall
be issued until such time as the ARB has completed its review hereunder
and has recommended approval of such permit provided. However, in
the event the ARB fails to make a determination within the period
of review specified above, the application shall be deemed to be approved
by the ARB. The ARB shall then continue to discharge any review authority
it may have under other applicable provisions of the City's ordinances
in accordance with all such applicable provisions.
[Ord. No. 6054 §1, 1-27-2009]
A.
In
considering an application for a building or demolition permit for
a certificate of appropriateness, the ARB shall take into consideration
the Secretary of Interior's "Standards for Rehabilitating Historic
Buildings", some of which are as follows:
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.
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.
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
methods shall be undertaken.
9.
New additions, exterior alterations or related new construction visible
from the street shall not destroy historic materials that characterize
the property. The new work shall be differentiated from the old and
shall be comparable 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.
11.
If demolition is approved, new construction shall be compatible with
the surrounding historical area.
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The listing of specified portions or aspects of the "Standards"
herein is not intended to exclude consideration of other items, issues,
circumstances or considerations included in the Secretary's "Standards"
specified above, all of which are to be considered to the extent they
may be relevant to a given application.
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[Ord. No. 6054 §1, 1-27-2009]
The ARB shall consider the application for a certificate of
appropriateness and approve, approve with conditions or deny issuance.
The ARB, at its discretion, may either continue the application until
conditions are met or process the application either by referring
to staff for the standard site plan review process or, for smaller
projects, consider the project through the standard approval process.
A certificate of appropriateness shall become void unless construction
is commenced within twelve (12) 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, it shall
be a violation of this Article.
[Ord. No. 6054 §1, 1-27-2009]
A denial of a certificate of appropriateness shall be accompanied
by a statement of the reasons for denial. The ARB may make recommendations
to the applicant concerning changes, if any, that might cause the
ARB to reconsider its denial. Notwithstanding any resubmission time
restrictions elsewhere in this Code of Ordinances, an applicant may
resubmit an amended application that addresses and/or responds to
recommendation of the ARB.
[Ord. No. 6054 §1, 1-27-2009]
An aggrieved party (per the definition of the Zoning Ordinance)
may, within fifteen (15) days of the decision for which redress is
sought, file with the Board of Aldermen a written request for reconsideration
and appeal of any decisions of the ARB under this Article. The written
request must set forth in a concise manner the decision being appealed
and all grounds known to the appellant as to wherein and why the decision
is allegedly in error. The request for reconsideration and appeal
must be filed with the City Clerk within the time specified above.
A copy of the request and any supporting documents or materials filed
by aggrieved party must be served by the aggrieved party on the applicant
(if different than the aggrieved party) by certified U.S. mail, return
receipt requested, within three (3) days of filing with the City Clerk.
Proof of service on the applicant must be filed with the City Clerk
within six (6) days of filing of the request. The Board of Aldermen
may consider the appeal on the record of the prior decision or may,
at its sole discretion, receive additional evidence in such manner
as it deems appropriate in light of the circumstances.
[Ord. No. 6054 §1, 1-27-2009]
Whenever the Building Official or the ARB 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 building permit or certificate of appropriateness
has occurred, the Building Official shall make every reasonable effort
to contact the owners, occupants, contractor or subcontractor and
inform him/her of proper procedures. If the Building Official determines
that a stop work order is necessary to halt an action, the Building
Official shall post said stop work order on the property. All workers
will then be required to vacate the premises until the stop work order
has been lifted by the City.
