[R.O. 2011 § 400.1180; R.O. 2009
§ 156.400; Ord. No. 96-2, 1-16-1996; Ord. No. 97-5, 1-2-1997; Ord. No. 98-209, 5-15-1998; Ord.
No. 98-466, 11-16-1998]
The purpose of this Article is to
protect, enhance and perpetuate buildings, structures, districts and
sites of historical, cultural, architectural, engineering or geographic
significance. Further, protection of cultural assets from demolition
by neglect is an objective of this Article.
[R.O. 2011 § 400.1190; R.O. 2009
§ 156.401; Ord. No. 96-2, 1-16-1996; Ord. No. 97-5, 1-2-1997; Ord. No. 98-209, 5-15-1998; Ord.
No. 98-466, 11-16-1998; Ord. No. 04-38, 2-13-2004; Ord. No. 04-73, 4-26-2004; Ord. No. 04-109, 5-28-2004; Ord. No. 14-131 § 1, 6-17-2014; Ord.
No. 24-001, 1-2-2024]
B.
Membership. The HLPARB shall consist of
seven (7) members who shall include one (1) member from each of the
following historic districts, designated locally and/or in the National
Register of Historic Places districts as defined by the United States
Department of the Interior:
1.
Extended Historic Preservation District
(local);
2.
South Main Preservation District
or Landmarks Preservation District (local);
3.
Historic Downtown District (local);
4.
Frenchtown Preservation District
(local and national);
5.
Commons Preservation District (local
and national);
6.
Midtown Neighborhood Historic District
(national); and
7.
Lindenwood Neighborhood Historic
District (national).
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All members shall either live or work in the district that they
represent.
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Members shall have a demonstrated interest in historic preservation.
To the extent available in the community, the HLPARB shall include
professional members representing such disciplines as historical architecture,
preservation law, art history, history, historic building rehabilitation
or any fields related to historic preservation.
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C.
Terms. The members shall hold office for
a term of three (3) years or until their successors are appointed
and confirmed; provided, that any member who ceases to meet the qualifications
of the Board shall immediately forfeit his/her membership.
D.
Meetings.
1.
Regular meetings of the HLPARB will
be held at a place and time designated by the Board. The Chairperson
may change the date of any specific meeting upon at least three (3)
days' notice to the Board and upon three (3) days' public notice.
The City Council member whose ward the project is located in shall
be provided written notification at least three (3) days in advance
of all special meetings and any change of the day of any specific
meeting.
2.
All decisions or actions of the HLPARB
shall be made by a majority vote of those members present at any meeting
where a quorum exists; except that in those cases where the applicant
seeks authorization to demolish a building or structure, the affirmative
vote of five (5) members of HLPARB is required. The Chairperson shall
be a voting member of the HLPARB. No member of the HLPARB shall vote
on any matter which may significantly affect the property, income
or business interest of that member. The Chairperson, and in his/her
absence the Acting Chairperson, may administer oaths and compel the
attendance of witnesses.
[R.O. 2011 § 400.1200; R.O. 2009
§ 156.402; CC 1995 § 156.401; Ord. No. 96-2, 1-16-1996; Ord. No. 97-5, 1-2-1997; Ord. No. 98-209, 5-15-1998; Ord. No. 98-466, 11-16-1998; Ord. No. 01-262, 11-13-2001; Ord. No. 10-244 § 1, 11-18-2010]
A.
The HLPARB shall have the following powers
and duties:
1.
To conduct an ongoing survey and
research effort to identify neighborhoods, areas, sites, structures
and objects which have historic, community, architectural or aesthetic
importance, interest or value. As part of any survey or research effort,
the HLPARB shall review and evaluate any prior surveys and studies
by any unit of government or private organization and compile appropriate
descriptions, facts and photographs;
2.
To investigate and recommend to the
Planning and Zoning Commission and to the City Council the adoption
of ordinances designating properties or structures having special
historic, community or architectural value as "landmarks";
3.
To promote, assist, investigate and
recommend to the Planning and Zoning Commission and to the City Council
the adoption of ordinances designating areas as having special historic,
community or architectural value as "historic districts";
4.
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;
5.
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;
6.
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;
7.
To nominate landmarks and historic
districts to the National Register of Historic Places and to review
and comment on any National Register nominations submitted to the
HLPARB upon request of the Mayor or City Council;
8.
To inform and educate the citizens
of St. Charles concerning the historic and architectural heritage
of the City by suggesting the publication of appropriate maps, newsletters,
brochures and pamphlets and by holding programs and seminars;
9.
To review applications for construction,
alteration, removal or demolition affecting proposed or designated
landmarks or structures within historic districts and to issue or
deny certificates of appropriateness and certificates of demolition
or removal for such actions; and to review applications for special
demolition permits and construction permits;
10.
To develop specific design guidelines
for the alteration, construction or removal of landmarks or property
and structures within historic districts;
11.
To review applications for construction
of new industrial, commercial, office and residential structures within
the extended historic districts, to develop specific design guidelines
for such construction and to issue or deny certificates of appropriateness
and permits for such construction;
12.
To accept gifts and gratuities, other
than any interest in real property, on behalf of the City for study,
acquisition, designation and preservation of officially designated
monuments and landmarks. All such gifts and gratuities shall be set
aside in a special fund known as the Historical Landmarks Fund and
shall be distributed only upon approval of the Board and the City
Council. All such gifts and gratuities shall be used solely for purposes
incidental to and consistent with this Article;
13.
To make recommendations to the City
Council concerning the application for and utilization of any Federal,
State or private grant, grant-in-aid, gift or bequest furthering the
general purposes of this Article;
14.
To call upon available City staff
members as well as other experts for technical advice;
15.
To appoint such citizen advisory
committees, as may be required from time to time, subject to City
Council approval;
16.
To periodically review Chapter 400 of the Code of Ordinances 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 and structures within historic districts; and/or
17.
To inform the Community Development
Department of any violations of the Code of Ordinances and recommend
the issuance of stop-work orders when necessary.
[R.O. 2011 § 400.1210; R.O. 2009
§ 156.403; Ord. No. 96-2, 1-16-1996; Ord. No. 96-289, 10-16-1996; Ord. No. 98-209, 5-15-1998; Ord.
No. 98-466, 11-16-1998; Ord. No. 24-001, 1-2-2024]
A.
General. Nominations of landmarks and historic
districts shall be made to the HLPARB on a form prepared by it and
may be submitted by a member of the HLPARB, the owner or owners of
record of the nominated property or structures or the City Council.
Interested citizens may request the HLPARB or City Council to nominate
a structure or property. The owner or owners of the nominated property
or structure shall be notified of the nomination in writing, as well
as the time and place of the HLPARB public hearing.
B.
Properties less than fifty (50) years old
shall be ineligible for designation as an historic landmark or contributing
structure in an historic district, except in truly exceptional circumstances
such as in the case of properties of national significance.
C.
Design Guidelines. A nomination for designation
of a landmark or historic district shall include proposed architectural
design guidelines for guidance in future conservation, restoration
or rehabilitation. Historic districts or individual landmarks shall
have design guidelines written specifically for that district or individual
landmark.
1.
Design guidelines for review of certificate
of appropriateness applications should, at a minimum, include the
following architectural criteria: building form, mass and scale; roofs;
architectural details; materials; street facades; doors and entries;
windows; balconies and galleries; porches; and site planning.
[R.O. 2011 § 400.1220; R.O. 2009
§ 156.404; CC 1995 § 156.411; Ord. No. 96-2, 1-16-1996; Ord. No. 97-5, 1-2-1997; Ord. No. 98-209, 5-15-1998; Ord. No. 98-466, 11-16-1998]
No permit shall be issued by the
Department of Community Development for 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 HLPARB 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 order of the Board of Appeals as necessary
for public health, welfare or safety.
[R.O. 2011 § 400.1230; R.O. 2009
§ 156.405; CC 1995 § § 156.403 —
156.404; Ord. No. 96-2, 1-16-1996; Ord.
No. 96-289, 10-16-1996; Ord. No. 97-5, 1-2-1997; Ord. No. 98-209, 5-15-1998; Ord. No. 98-466, 11-16-1998; Ord. No. 10-244 § 1, 11-18-2010]
A.
The owner or owners of the nominated property
or structure shall be notified of the nomination in writing and notified
of the time and place of any public hearing.
B.
Criteria For Designation Of Nomination.
The HLPARB shall consider the following criteria in making a determination
as to whether or not the nominated landmark has historical and/or
architectural significance:
1.
Its character, interest or value
as part of the development, heritage or culture 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 material;
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 which renders 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
of the neighborhood, community or City;
9.
Its character as a particularly fine
or unique example of a utilitarian structure, including, but not limited
to, farmhouses; accessory buildings such as summer kitchens, smokehouses
or barns; schools; churches; public buildings; institutional offices;
or other commercial structures with a high level of integrity or architectural
significance; and/or
10.
The fact that it has yielded or may
be likely to yield information important in history.
C.
Determination And Report. The HLPARB shall, within thirty (30) days from the meeting of the HLPARB when the completed nomination in proper form is received by the HLPARB, adopt by resolution the Board's findings as to whether or not the nominated landmark or historic district meets the criteria for designation in Section 400.1230(B). The report of the HLPARB shall be sent to the Planning and Zoning Commission within fourteen (14) days following the vote on the resolution and shall contain the following information:
1.
A map showing the location of the
nominated landmark or the boundaries of the nominated historic district;
2.
Explanation of the significance or
lack of significance of the nominated landmark or historic district
as it relates to the criteria for designation;
3.
The types of alterations that should
be reviewed for a certificate of appropriateness and the types of
removals and demolitions that should be reviewed for a certificate
of demolition or removal;
4.
Proposed design guidelines for applying
the criteria for review of certificates of appropriateness to the
nominated landmark or historic district.
[R.O. 2011 § 400.1240; R.O. 2009
§ 156.406; CC 1995 §§ 156.405 – 156.406; Ord. No. 96-2, 1-16-1996; Ord. No. 96-289, 10-16-1996; Ord. No. 98-209, 5-15-1998; Ord. No. 98-466, 11-16-1998]
A.
Public Hearing. Following receipt of the report of the HLPARB, the Planning and Zoning Commission shall schedule and hold a public hearing as set out in Section 400.1020(B)(2) as to whether or not the property shall receive the historic landmark designation through a rezoning. Notice of the date, time, place and purpose of the meeting and a copy of the completed nomination form shall be sent in writing to the owner(s) of record and to the nominators. The meeting shall be scheduled, held and conducted in the same manner as other meetings to consider applications for Zoning District Map amendments or ordinance amendments.
B.
Recommendation. Within thirty (30) days
following the close of the meeting of the Planning and Zoning Commission,
the Commission shall make a recommendation to the City Council as
to whether or not the nominated landmark or historic district should
receive a zoning designation as an historic district or landmark.
Such a recommendation shall be made upon a motion and vote of the
Planning and Zoning Commission.
[R.O. 2011 § 400.1250; R.O. 2009
§ 156.407; CC 1995 § § 156.408, 156.410; Ord. No. 96-2, 1-16-1996; Ord. No. 97-5, 1-2-1997; Ord. No. 97-312, 9-18-1997; Ord. No. 98-209, 5-15-1998; Ord.
No. 98-466, 11-16-1998]
A.
The City Council shall, within thirty (30)
days after receiving the report of the HLPARB and recommendation from
the Planning and Zoning Commission, either reject the proposed designation
or designate the landmark or historic district by an ordinance. The
City Council shall hold a public hearing before enacting the ordinance
and provide notice and take testimony.
B.
The designating ordinance shall prescribe
the area to be designated as an historic landmark and the types of
construction, alteration, demolition or removal to be reviewed for
certificates of appropriateness. The City Council shall also adopt
any architectural design guidelines to be used by the HLPARB in reviewing
applications for certificates of appropriateness.
C.
Should the City Council designate the property
as an historic landmark or district, the City Clerk shall provide
written notification of the action of the City Council by regular
mail to the nominator, 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 by
the City Council. A copy of each designation ordinance shall be sent
to the HLPARB, the Planning and Zoning Commission and the Director
of Community Development.
D.
Upon designation the official Zoning District
Map of the City shall be amended with a supplemental classification
to indicate the landmark property or historic district boundaries.
E.
A determination by the City Council as
to whether or not to designate a property as a landmark or historic
district shall be a final decision, as that term is used in Section
536.150, RSMo.
[R.O. 2011 § 400.1260; R.O. 2009
§ 156.408; CC 1995 § 156.412; Ord. No. 96-2, 1-16-1996; Ord. No. 98-209, 5-15-1998; Ord. No. 98-466, 11-16-1998]
Designation may be amended or rescinded
upon petition to the HLPARB and compliance with the same procedure
and according to the same criteria set forth herein for designation.
[R.O. 2011 § 400.1270; R.O. 2009
§ 156.409; CC 1995 § § 156.413(A), 156.414(A),(C),
156.416(A), 156.417(A); Ord. No.
96-2, 1-16-1996; Ord. No. 97-5, 1-2-1997; Ord. No. 98-209, 5-15-1998; Ord. No. 98-466, 11-16-1998; Ord. No. 01-262, 11-13-2001; Ord. No. 10-244 § 1, 11-18-2010]
A.
Certificate Required.
1.
Upon designation as an historic landmark
or district, a certificate of appropriateness shall be issued by the
HLPARB before any of the following actions are undertaken:
a.
Any exterior alteration of the property
requiring a building or demolition permit from the City;
b.
Any exterior alteration of the property
not requiring a permit but affecting a significant exterior architectural
feature or the exterior architectural appearance as specified in the
ordinance designating the landmark or historic district.
B.
Posting. Where an application has been
received for the demolition or removal of a structure, the Department
of Community Development shall post a placard in a visible place upon
the property. Said placard shall describe the pending application
for demolition of the building or structure and the date, time and
place of the meeting wherein the application shall be considered by
the HLPARB.
C.
Review. The HLPARB shall review a complete
application for a certificate of appropriateness within thirty (30)
days of receipt by the Department of Community Development, unless
the applicant provides a written request to table such application.
Written notice of the approval or denial of the application for a
certificate of appropriateness shall be provided to the applicant
by the Department of Community Development within seven (7) days following
the determination.
D.
Standards For Review.
1.
In considering an application for
a certificate of appropriateness, the HLPARB shall be guided by the
Secretary of the Interior Standards for Rehabilitation, in addition
to any design guidelines in the ordinance:
a.
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.
b.
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.
c.
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.
d.
Most properties change over time;
those changes that have acquired historic significance in their own
right shall be retained and preserved.
e.
Distinctive features, finishes, and
construction techniques or examples of craftsmanship that characterize
a property shall be preserved.
f.
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. Replacement of missing features shall
be substantiated by documentary, physical, or pictorial evidence.
g.
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.
h.
Significant archeological resources
affected by a project shall be protected and preserved. If such resources
must be disturbed, mitigation measures shall be undertaken.
i.
New additions, 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.
j.
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.
2.
New Construction In Extended Historic
Districts. In considering an application for a certificate of appropriateness,
the HLPARB shall be guided by the following general standards:
a.
Guidelines already adopted for historic
districts within the extended historic district which the HLPARB deems
are applicable to the applicant's site and intended usage.
b.
New construction complement the character,
scale, building materials, architectural style and overall aesthetics
of the majority of the buildings found in the extended district.
c.
Such specific guidelines as may be
adopted by HLPARB and approved by Council by ordinance.
E.
Certificates of appropriateness shall be
issued for a period of eighteen (18) months. If the project is not
completed within the eighteen (18) month period according to the guidelines
provided in the certificate of appropriateness, the project shall
be deemed in violation of this Article. Extensions may be granted
for just cause. Each extension shall be for a period of no longer
than twelve (12) months.
F.
A denial of certificate of appropriateness
shall be accompanied by a statement of the reasons for the denial.
The HLPARB shall make recommendations to the applicant concerning
changes, if any, in the proposed action which would cause the HLPARB
to reconsider its denial and shall confer with the applicant in an
attempt to resolve as quickly as possible the differences between
the applicant and the HLPARB. The applicant may resubmit an amended
application or reapply for a certificate of appropriateness that takes
into consideration the recommendations of the HLPARB.
[R.O. 2011 § 400.1280; R.O. 2009
§ 156.410; CC 1995 § § 156.413(B), 156.414(B),(C),
156.416(B), 156.417(B), 156.422; Ord. No. 96-2, 1-16-1996; Ord. No. 97-5, 1-2-1997; Ord. No. 98-209, 5-15-1998; Ord. No. 98-466, 11-16-1998; Ord. No. 01-65, 4-18-2001; Ord.
No. 01-237, 10-19-2001; Ord. No. 10-244 § 1, 11-18-2010]
A.
Except as otherwise provided in Section 400.1280(B), no permit for the demolition or removal of an historic landmark or any structure within an historic district shall be issued by the Department of Community Development until a certificate of demolition or removal has been issued by the HLPARB. Application forms for certificates of demolition or removal shall be prepared by the HLPARB.
B.
In the case of structures less than fifty
(50) years old located within an historic district, applications for
demolition or removal shall be issued a demolition permit without
a certificate of appropriateness, unless the Director of Community
Development determines that the property may have extraordinary significance
and refers the question to the HLPARB.
C.
Notices. Where an application has been
received for the demolition or removal of a structure, the Department
of Community Development shall post a placard in a visible place upon
the property at least seven (7) days prior to the meeting. Said placard
shall describe the pending application for demolition of the building
or structure and the date, time and place of the meeting wherein the
application shall be considered by the HLPARB. In addition, the Councilmember
of the ward where the site of the proposed demolition is located shall
receive a copy of the application and accompanying documents. Posting
of the placard and notice to the Councilmember shall be mandatory
and shall be a condition precedent to HLPARB review of the application.
If the placard has not been posted or if the Councilmember has not
been notified, then the application shall be held over to the next
meeting of the HLPARB.
D.
The HLPARB shall review the application
and either issue or deny the certificate of demolition or removal
within thirty (30) days of the meeting when the HLPARB receives the
application. Written notice of the approval or denial of the application
for a certificate of demolition or removal shall be provided the applicant
within seven (7) days following the determination and shall be accompanied
by a certificate of demolition or removal in the case of an approval.
E.
Historical/Architectural Report. As part of any application for demolition or removal, a report analyzing the historical and/or architectural significance of the property shall be submitted for review of the HLPARB. Submission of the report to the HLPARB shall be mandatory and shall be a condition precedent to HLPARB review of the application. The report shall address each of the ten (10) criteria for historical/architectural significance provided in Section 400.1280(F). The report shall be written by a professional architect, architectural historian, historic preservation consultant, City planner, archaeologist or art historian.
F.
Standards For Review. In considering an
application for a certificate of demolition or removal, the HLPARB
shall be guided by the following criteria as general standards in
determining if the structure is historically significant, in addition
to any design guidelines in the ordinance designating the landmark
or historic district:
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 material;
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 which renders 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
of the neighborhood, community or City;
9.
Its character as a particularly fine
or unique example of a utilitarian structure, including, but not limited
to, farmhouses; accessory buildings such as summer kitchens, smokehouses
or barns; schools; churches; public buildings; institutional offices;
or other commercial structures with a high level of integrity or architectural
significance; and/or
10.
The fact that it has yielded, or
may be likely to yield, information important in history.
G.
Should the HLPARB determine that the structure
is historically significant, then the HLPARB shall proceed to consider
whether the preservation of the structure is technologically and economically
feasible. In determining whether the preservation of the structure
is technologically and economically feasible, the HLPARB shall consider
the following criteria:
1.
A report from a registered professional
engineer or architect with experience in rehabilitation as to the
structural soundness of any structures on the property and their suitability
for rehabilitation;
2.
Estimated market value of the property
in its current condition; after completion of the proposed demolition
or removal; after any changes recommended by the HLPARB; and after
renovation of the existing property. The market value estimates must
be prepared by a licensed real estate appraiser;
3.
A detailed cost estimate, broken
down by category, of the cost to rehabilitate or reuse the existing
structure. Such estimate shall be provided by a registered professional
architect or engineer, architectural conservator, developer, real
estate consultant, appraiser or licensed building contractor experienced
in rehabilitation;
4.
Assessed value of the property according
to the two (2) most recent assessments;
5.
Real estate taxes of the previous
two (2) years;
6.
Form of ownership or operation of
the property, whether sole proprietorship, for-profit or not-for-profit
corporation, limited partnership, joint venture or other;
7.
Any other information which may be
reasonably obtained which is considered necessary by the HLPARB to
make a determination as to whether the property does yield or may
yield a reasonable return to the owners.
H.
In addition to the foregoing information
which the HLPARB may solicit or require the applicant to provide,
the applicant may provide the following information with respect to
any application for a certificate of demolition or removal:
1.
Amount paid for the property, the
date of purchase and the party from whom purchased, including a description
of the relationship, if any, between the owner of record or applicant
and the person from whom the property was purchased and any pertinent
terms of financing between the seller and buyer;
2.
If the property is income-producing,
the annual gross income from the property for the previous two (2)
years; itemized operating and maintenance expenses for the previous
two (2) years; and depreciation deduction and annual cash flow before
and after debt service, if any, during the same period;
3.
Remaining balance on any mortgage
or other financing secured by the property owner and annual debt service,
if any, for the previous two (2) years;
4.
Appraisals obtained within the previous
two (2) years by the owner or applicant in connection with the purchase
financing or ownership of the property;
5.
Any listing of the property for sale
or rent, price asked and offers received, if any, within the previous
two (2) years;
6.
Information regarding the applicant's
relevant tax bracket.
I.
In considering an application for a certificate
of demolition or removal, if the HLPARB finds that the structure is
not historically significant, then the HLPARB shall issue a certificate
of demolition or removal. In considering an application for a certificate
of demolition or removal, if the HLPARB finds that:
J.
Written notice of the approval or denial
of the application for a certificate of demolition or removal shall
be provided the applicant within seven (7) days following the determination
and shall be accompanied by a certificate of demolition or removal
in the case of an approval. A denial of a certificate of demolition
or removal shall be accompanied by a statement of the reasons for
the denial. The HLPARB shall make recommendations to the applicant
concerning changes, if any, in the proposed action which would cause
the HLPARB to reconsider its denial and shall confer with the applicant
in an attempt to resolve as quickly as possible the differences between
the applicant and the HLPARB. The applicant may resubmit an amended
application or reapply for a certificate of demolition or removal
that takes into consideration the recommendation of the HLPARB.
K.
A certificate of demolition or removal
shall become void unless demolition is commenced within one (1) year
of the date of issuance. Extensions may be granted for just cause.
L.
Pictorial Record. At the time of issuance
of a certificate of appropriateness for the demolition of structure
or building under this Article, the City shall take photographs of
the structures or buildings to be demolished. Such photographs shall
be preserved as a pictorial record of the demolished structure.
[R.O. 2011 § 400.1290; R.O. 2009
§ 156.411; Ord. No. 98-466, 11-16-1998; Ord. No. 10-244 § 1, 11-18-2010]
No request or application to the
HLPARB shall be considered for the same parcel of property concerning
the same request prior to the expiration of one (1) year from the
original ruling of the HLPARB, except in the case of a structure subsequently
designated a dangerous building or public nuisance by the Director
of Community Development.
[R.O. 2011 § 400.1300; R.O. 2009
§ 156.412; CC 1995 § 156.421(B); Ord. No. 96-2, 1-16-1996; Ord. No. 97-5, 1-2-1997; Ord. No. 98-209, 5-15-1998; Ord. No. 98-466, 11-16-1998; Ord. No. 10-244 § 1, 11-18-2010]
Should any historic landmark or structure in an historic district be declared a dangerous/unsafe building and public nuisance under the provisions of Sections 500.350 through 500.450 of this Code of Ordinances, the Director of Community Development shall have the authority to take appropriate emergency measures to vacate, repair or demolish such dangerous buildings or structures without obtaining a certificate of appropriateness.
[R.O. 2011 § 400.1310; R.O. 2009
§ 156.413; CC 1995 § 156.421(A); Ord. No. 96-2, 1-16-1996; Ord. No. 97-5, 1-2-1997; Ord. No. 98-209, 5-15-1998; Ord. No. 98-466, 11-16-1998; Ord. No. 10-244 § 1, 11-18-2010]
A.
The applicant or an adjoining property
owner may appeal a decision of the Historic Landmarks Preservation
and Architectural Review Board to the City Council by filing a notice
of appeal with the City Clerk within ten (10) days of the date of
the decision of the HLPARB.
B.
The City Council shall conduct a hearing
on the appeal within forty-five (45) days of the date of the filing
of the notice of appeal with the City Clerk. The Council may hear
testimony and receive evidence from the applicant, adjoining property
owners, the Community Development Department, the HLPARB or any other
interested person. In reviewing the decision of the HLPARB, the Council
shall apply the guidelines, standards and criteria specified in this
Article or incorporated therein by reference. The HLPARB decision
shall only be reversed by the majority vote of the entire Council.
The vote by the Council shall be taken no later than the next regularly
scheduled meeting of the Council after the date of the completion
of the hearing. The Council may issue findings of fact to support
its decision.
[Ord. No.
14-131 § 2, 6-17-2014]
C.
Judicial review of the appeal may be taken
in accordance with Chapter 536, RSMo., as amended.
[Ord. No.
14-131 § 2, 6-17-2014]
[1]
Editor's Note: Former Section 400.1320, Recognized
Neighborhood Review Groups, was repealed 1-2-2024 by Ord. No. 24-001.
Prior history includes: R.O. 2011 § 400.1320; Ord. No. 96-2;
Ord. No. 20-159; Ord. No. 21-018.
