Cross References As to HD historic district zoning, see §405.210.
[CC 1997 §37.1; Ord. No. 2447-93, 2-17-1993]
A.
The purpose
of this Chapter 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 Hazelwood 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 Hazelwood 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.
[CC 1997 §37.2; Ord. No. 2447-93, 2-17-1993]
Unless specifically defined below, words or phrases in this
Chapter shall be interpreted so as to give them the same meaning as
they have in common usage and so as to give this Chapter its most
reasonable application. For the purposes of this Chapter, the following
words and phrases shall have the meanings ascribed to them by this
Section:
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 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 specific geographic division of the City of Hazelwood.
A certificate issued by the City of Hazelwood, indicating
its approval of plans for alteration, construction, removal or demolition
of a landmark or of a structure within an Historic District.
A certificate issued by the City of Hazelwood, recommending
authorization of an alteration, construction, removal or demolition,
even though a certificate of appropriateness has previously been denied.
Members of the Hazelwood Historical Preservation Commission.
An addition to an existing structure or the erection of a
new principal or accessory structure on a lot or property for which
a building permit is required.
Districts, 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 ways of life and for interpreting human
behavior.
Any act or process which destroys in part or in whole a landmark
or a structure within an Historic District, or which threatens to
destroy a landmark or a structure within an 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, 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 an "HD" — Historic District by
ordinance of the City Council which 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.
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 Hazelwood.
The minimum regulations governing the conditions and maintenance
of all existing structures, as adopted by the City.
Any work for which a building permit is not required by municipal
ordinance, 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 practical, to
its condition prior to the occurrence of such deterioration, decay
or damage, and does not involve change of materials nor of form.
The person, corporation or other legal entity listed as owner
on the records of the County Recorder of Deeds.
An action by the City of Hazelwood 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 undertakings effecting 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 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 of the City 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.
[CC 1997 §37.3; Ord. No. 2447-93, 2-17-1993; Ord. No.
2876-97, 7-16-1997]
A.
The Historic
Preservation Commission shall consist of nine (9) members. All members
of the Commission shall be registered voters of the City and shall
hold no other office or position in the City Government except on
short-term, interim study committees. All appointments shall be for
a term of three (3) years, except those to fill a vacancy, and they
shall be for the duration of the unexpired term. The City Council
shall make every reasonable effort to appoint persons with a demonstrated
interest in the history and preservation of the City of Hazelwood.
To the extent available in the community, the Hazelwood Historic Preservation
Commission shall include professional members representing such disciplines
as architecture, law, real estate brokerage, banking, history, or
other fields related to historic preservation and residents of Historic
Districts. In addition to the nine (9) members, the City Manager shall
appoint a member of the City staff, and the City Council shall appoint
a member of the City Plan Commission to serve as liaisons. The staff
and City Plan Commission representatives shall not be members of the
Commission and shall not vote or hold office on this Commission. The
Historic Preservation Commission shall hold at least four (4) meetings
per year and any member of the Hazelwood Historic Preservation Commission
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, unless such absence was due to good cause and
approved by the majority of Commissioners. Officers shall be a Chairman
and a Co-Chairman elected by the Hazelwood Historic Preservation Commission
who shall each serve a term of one (1) year and shall be eligible
for reelection. No member shall serve as Chairman for more than two
(2) consecutive years.
B.
The Chairman
shall preside over meetings. In the absence of the Chairman, the Co-Chairman
shall perform the duties of the Chairman. If both are absent, a temporary
Chairman shall be elected by those present.
C.
The Secretary
of the Hazelwood Historic Preservation Commission shall be appointed
by the City Manager and shall have the following duties:
1.
Take
minutes of each Hazelwood Historic Preservation Commission meeting;
2.
Be responsible
for publication and distribution of copies of the minutes, reports,
and decisions to the members of the Hazelwood Historic Preservation
Commission;
3.
Give
notice as provided herein by law for all hearings conducted by the
Hazelwood Historic Preservation Commission;
4.
Advise
the Mayor and City Council of vacancies on the Hazelwood Historic
Preservation Commission and expiring terms of members; and
5.
Prepare
to submit to the City Council a complete record of the proceedings
before the Hazelwood Historic Preservation Commission on any matter
requiring City Council consideration.
[CC 1997 §37.4; Ord. No. 2447-93, 2-17-1993]
A quorum shall consist of a majority of the members. All decisions
or actions of the Hazelwood Historic Preservation Commission 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 Hazelwood Historic
Preservation Commission at the beginning of each calendar year or
at any time upon the call of the Chairman, but no less than once each
quarter. No member of the Hazelwood Historic Preservation Commission
shall vote on any matter that may materially or apparently affect
the property, income, or business interest of that member. No action
shall be taken by the Hazelwood Historic Preservation Commission that
could in any manner deprive or restrict the owner of property in its
use, modification, maintenance, disposition, or demolition until such
owner shall first have had the opportunity to be heard at a public
meeting of the Hazelwood Historic Preservation Commission, as provided
herein. The Chairman, and in his absence, the acting Chairman, may
administer oaths and compel the attendance of witnesses. All meetings
of the Hazelwood Historic Preservation Commission shall be open to
the public except as allowed by State law. The Hazelwood Historic
Preservation Commission 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.
[CC 1997 §37.5; Ord. No. 2447-93, 2-17-1993]
The City Council shall annually appropriate funds, within the
budget limitations, for the operation of the Hazelwood Historic Preservation
Commission. The Commission 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 Chapter.
[CC 1997 §37.6; Ord. No. 2447-93, 2-17-1993]
The members shall serve without compensation but shall be reimbursed
for expenses they incur while on Hazelwood Historic Preservation Commission
business, provided such expenses have been authorized by the City
Council.
[CC 1997 §37.7; Ord. No. 2447-93, 2-17-1993]
A.
The Hazelwood
Historic Preservation Commission shall have the following powers and
duties:
1.
To adopt
its own procedural regulations, provided such regulations are consistent
with this Chapter, all other ordinances and the Charter of the City,
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.
3.
To investigate
and recommend to the City Plan Commission and the City Council, the
adoption of ordinances designating properties or structures having
special cultural, historic, archaeological, community or architectural
value as landmarks.
4.
To investigate
and recommend to the City Plan Commission and the City Council the
adoption of ordinances designating 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,
through the City Plan Commission and City Council, landmarks and Historic
Districts to the Hazelwood 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 Hazelwood 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 Hazelwood Historic Preservation Commission,
or other appropriate parties.
10.
To
hold hearings and to review applications for construction, alteration,
removal or demolition affecting proposed or designated landmarks or
structures within Historic Districts and recommend the issuance or
denial of 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 hearings on each proposed nomination of a landmark or Historic
District and on the guidelines developed for each nomination.
12.
To
recommend the issuance of stop work orders for any construction, alteration,
removal or demolition undertaken without a certificate of appropriateness
or to recommend work that violates the conditions of a certificate
of appropriateness, be stopped.
13.
To
review all applications for demolition permits within the corporate
limits of the City to determine impact to significant cultural resources,
including those not yet nominated as landmarks or as contributing
properties within an Historic District and make recommendations to
the Public Works Department.
14.
To
consider and make recommendations concerning applications for a certificate
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 of 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. The City Clerk shall send applications
for special use or zoning variations in Historic Districts to the
Hazelwood Historic Preservation Commission for comment at least fifteen
(15) days prior to the date of the hearing by the City Council, the
City Plan Commission or the Board of Adjustment.
17.
To
administer on behalf of the City of Hazelwood any property of historical
significance or full or partial interest in real property, including
easements, that the City of Hazelwood 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 Hazelwood, upon approval
of the City Council, such gifts, grants, and money as may be appropriate
for the purposes of this Chapter. Such money may be expended, after
approval by the City Council, for publishing maps and brochures or
for utilizing staff persons or consultants or performing other functions
for the purpose of carrying out the duties and powers of the Hazelwood
Historic Preservation Commission and the purposes of this Chapter.
19.
To
call upon available City staff members as well as other experts for
technical advice.
20.
To
recommend the retention of such specialists or consultants or appointment
of such citizen advisory committees as may be required from time to
time.
21.
To
testify before all boards and commissions, including the City Plan
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 Chapter.
23.
To
develop a preservation component in the Comprehensive Plan of the
City of Hazelwood and to recommend it to the City Plan Commission
and to the City Council.
24.
To periodically review Chapter 405, Zoning Regulations, and to recommend to the City Plan Commission and the City Council any amendments appropriate for the protection and continued use of landmarks or property, sites and structures within Historic Districts.
25.
To
undertake any other action or activity necessary or appropriate to
the implementation of its powers and duties or to the implementation
of the purpose of this Chapter.
[CC 1997 §37.8; Ord. No. 2447-93, 2-17-1993]
A.
The Hazelwood
Historic Preservation Commission shall undertake an ongoing survey
and research effort in the City of Hazelwood to identify neighborhoods,
areas, sites, structures, and objects that have historic, cultural,
archaeological, architectural or aesthetic importance, interest, or
value. The Hazelwood Historic Preservation Commission shall develop
a plan and schedule for conducting a comprehensive survey of the City
of Hazelwood to identify significant resources. As part of the survey,
the Hazelwood Historic Preservation Commission 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 Hazelwood Historic Preservation Commission shall identify potential
landmarks and Historic Districts and adopt procedures to recommend
nomination of 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 Hazelwood.
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 sites with the potential to contribute
to the understanding of historic and prehistoric cultures.
5.
Such
other criteria as may be adopted by the Hazelwood Historic Preservation
Commission to assure systematic survey and nomination of all potential
landmarks and Historic Districts within the City of Hazelwood.
[CC 1997 §37.9; Ord. No. 2447-93, 2-17-1993]
A.
General. Nominations shall be made to the Hazelwood Historic
Preservation Commission on a form prepared by it and may be submitted
by a member of the Hazelwood Historic Preservation Commission, owner
of record of the nominated property or structure, or the City Council.
Nominations shall be turned in to the City Clerk, who will within
seven (7) days of receipt mail a notification of intent to nominate
to the owner of record of the nominated property. Forms and criteria
for nomination will be available in the City Clerk's department.
B.
Criteria For Consideration Of Nomination. The Hazelwood
Historic Preservation Commission shall, upon such 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:
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 a 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 country;
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.
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.
[CC 1997 §37.10; Ord. No. 2447-93, 2-17-1993]
Upon receipt of a completed nomination of a landmark or Historic
District, the Hazelwood Historic Preservation Commission shall schedule
a hearing to solicit input and comment on the proposed nomination
and certificate of appropriateness guidelines.
[CC 1997 §37.11; Ord. No. 2447-93, 2-17-1993]
A.
The Hazelwood Historic Preservation Commission shall within forty-five (45) 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 Section 415.090(B) of this Chapter. The resolution shall be accompanied by a report to the City Plan 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;
3.
4.
In the
case of a nominated Historic District found to meet the criteria for
designation:
5.
Proposals
for design guidelines of Hazelwood Historic Preservation Commission
review of certificates of appropriateness within the nominated landmark
or Historic District.
6.
The
relationship of the nominated landmark or Historic District to the
ongoing effort of the Hazelwood Historic Preservation Commission to
identify and nominate all potential cultural resources that meet the
criteria for designation.
7.
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.
8.
A map
showing the location of the nominated landmark and/or the boundaries
of the nominated Historic District. The recommendations and report
of the Hazelwood Historic Preservation Commission shall be sent to
the City Plan Commission within seven (7) days following the vote
on the resolution and shall be available to the public in the City
Clerk's department.
[CC 1997 §37.12; Ord. No. 2447-93, 2-17-1993]
The City Plan Commission shall schedule and hold a hearing on
the nomination following receipt of a report and recommendation from
the Hazelwood Historic Preservation Commission 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.
[CC 1997 §37.13; Ord. No. 2447-93, 2-17-1993]
A.
Oral or written testimony concerning the significance of the nominated landmark or Historic District shall be taken at the hearing from any person concerning the nomination. The Hazelwood Historic Preservation Commission 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 Section 415.090(B) of this Chapter.
B.
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.
[CC 1997 §37.14; Ord. No. 2447-93, 2-17-1993]
Within sixty (60) days following close of the hearing, the City Plan 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 City Plan Commission and shall be accompanied by a report stating the findings of the City Plan Commission concerning the relationship between the criteria for designation in Section 415.090(B) of this Chapter and the nominated landmark or Historic District and all other information required by Section 415.110 and 415.120 of this Chapter.
[CC 1997 §37.15; Ord. No. 2447-93, 2-17-1993]
Notice of the determination of the City Plan 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 City Plan Commission that the nominated landmark or Historic
District does or does not meet the criteria for designation, a copy
of the resolution and report accompanied by a recommendation that
the nominated landmark or Historic District be designated or denied
shall be sent to the City Council.
[CC 1997 §37.16; Ord. No. 2447-93, 2-17-1993]
The City Clerk shall set a public hearing before the City Council
within sixty (60) days after receiving the recommendation that the
nominated landmark or Historic District be designated or denied. The
City Council shall hold a public hearing receiving testimony from
all interested parties, and subsequent to the public hearing, take
action to either reject the recommendation by formal resolution or
designate the landmark or Historic District by an ordinance. 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 such
resolution or ordinance shall also be sent to the Hazelwood Historic
Preservation Commission, the City Plan Commission and the Department
of Public Works.
[CC 1997 §37.17; Ord. No. 2447-93, 2-17-1993]
Upon designation, the landmark or Historic District shall be
classified as an Historic District, and the designating ordinance
shall prescribe the significant exterior architectural 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 Hazelwood shall be amended to show the location
of the Historic District as an overlay zone.
[CC 1997 §37.18; Ord. No. 2447-93, 2-17-1993]
No building, excavation or demolition permit shall be issued
by the Public Works Department 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 Hazelwood Historic Preservation Commission at which a nomination
form is first presented until the final disposition of the nomination
by the City Council unless such alteration, removal, or demolition
is authorized by formal resolution of the City Council as necessary
for public health, welfare, or safety. In no event shall the delay
be for more than one hundred eighty (180) days.
[CC 1997 §37.19; Ord. No. 2447-93, 2-17-1993]
Designation may be amended or rescinded upon petition to the
Hazelwood Historic Preservation Commission and compliance with the
same procedure and according to the same criteria set forth herein
for designation.
[CC 1997 §37.20; Ord. No. 2447-93, 2-17-1993]
A.
Design
guidelines for applying the criteria for review of certificates 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 an 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 an Historic District.
3.
Relationship of building masses and spaces. The setback
and relationship of a structure within an 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 with
surrounding structures in an Historic District.
5.
Landscaping. Landscaping should be compatible with the
architectural character and appearance of the landmark and of surrounding
structures and landscapes in Historic Districts.
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 an Historic
District.
7.
Directional expression. Facades in Historic Districts should
blend with other structures with regard to directional expression.
Structures in an 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.
Signage. The character of signs should be in keeping with
the historic architectural character of a landmark or Historic District.
Character of a sign includes the number, size, area, scale, location,
type, (e.g., off-site advertising signs and on-site business signs),
letter size or style, and intensity and type of illumination.
10.
Minimum maintenance. Significant exterior architectural
features should be kept in a condition of good repair and maintenance.
All structural mechanical systems should be maintained in a condition
and state of repair that will prevent decay, deterioration or damage
to significant architectural features, or otherwise adversely affect
the historic or architectural character of structures within an Historic
District.
[CC 1997 §37.21; Ord. No. 2447-93, 2-17-1993]
A.
An application
for a certificate of appropriateness must be made prior to applying
for a demolition or building permit affecting the exterior architectural
appearance of any landmark or any structure within an Historic District
including the following:
1.
Any
construction, alteration, or removal requiring a building permit from
the City of Hazelwood.
2.
Any
demolition in whole or in part requiring a demolition permit from
the City of Hazelwood.
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.
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.
Applications for a certificate of appropriateness shall include accompanying
plans and specifications affecting the exterior architectural appearance
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.
6.
Applications
for building and demolition permits for properties within a landmark
or Historic District shall be forwarded by the Director of Public
Works to the Hazelwood Historic Preservation Commission within seven
(7) days following receipt of the application. A building or demolition
permit shall not be issued until a certificate of appropriateness
has been issued by the Hazelwood Historic Preservation Commission.
Any applicant may request a meeting with the Hazelwood Historic Preservation
Commission before the application is reviewed by the Hazelwood Historic
Preservation Commission or during the review of the application. Application
for review of ordinary maintenance or repair not requiring a building
permit for which a certificate of appropriateness is required shall
be made on a form prepared by the Hazelwood Historic Preservation
Commission and available in the City Clerk's department. The Hazelwood
Historic Preservation Commission shall consider the completed application
at its next regular meeting or sooner.
[CC 1997 §37.22; Ord. No. 2447-93, 2-17-1993]
Whenever the Hazelwood Historic Preservation Commission 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 advise
the Director of Public Works, who shall then advise the owners, occupants,
contractor or subcontractor of the proper procedures to be followed.
If work proceeds without getting the appropriate approval, the Director
of Public Works shall issue a stop work order and cause it to be posted.
Any violation of a stop work order shall be cited by the Police Department.
[CC 1997 §37.23; Ord. No. 2447-93, 2-17-1993]
The Hazelwood Historic Preservation Commission shall review
the application 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 Public Works Department within seven (7) days following the determination
and shall be accompanied by a certificate of appropriateness in the
case of an approval. Upon receipt of the appropriate application,
the Public Works Department may issue a building or demolition permit
for which a certificate of appropriateness has been granted. 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 Chapter.
[CC 1997 §37.24; Ord. No. 2447-93, 2-17-1993]
A denial of a certificate of appropriateness shall be accompanied
by a statement of the reasons for the denial. The Hazelwood Historic
Preservation Commission shall make recommendations to the applicant
concerning changes, if any, in the proposed action that would cause
the Hazelwood Historic Preservation Commission 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 Hazelwood Historic
Preservation Commission. The applicant may resubmit an amended application
or reapply for a building or demolition permit that takes into consideration
the recommendation of the Hazelwood Historic Preservation Commission.
[CC 1997 §37.25; Ord. No. 2447-93, 2-17-1993]
A.
Public
improvement and land acquisition projects by the City of Hazelwood
or any of its departments or agencies shall be reviewed by the Hazelwood
Historic Preservation Commission in the following manner:
1.
The
Hazelwood Historic Preservation Commission shall review and comment
upon any public improvement project proposed by the City of Hazelwood
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 an Historic District.
The Department of Public Works shall send a completed preliminary
design for a public improvement project to the Hazelwood Historic
Preservation Commission simultaneously with its submission to the
City Council for approval. The Hazelwood Historic Preservation Commission
shall have at least thirty (30) days to complete its review and report
to the City Council, except when the City Manager, if necessary to
accelerate the design review process, may specify a time less than
thirty (30) days within which the Hazelwood Historic Preservation
Commission shall complete its review and report to the City Council.
2.
The
Hazelwood Historic Preservation Commission shall review and comment
upon any proposed acquisition of a landmark or of land or buildings
within an Historic District by the City of Hazelwood or any of its
agencies or departments. The City Council or the City Manager shall,
at the earliest possible date that will not interfere with acquisition
negotiations, send the Hazelwood Historic Preservation Commission
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 Hazelwood Historic Preservation Commission
shall report to the Council.
3.
The
Hazelwood Historic Preservation Commission shall review the public
improvement or land acquisition project to determine its effect upon
the historic, archaeological or architectural character of the landmark
or Historic District and report to the City Council within any time
specified by the City Council or City Manager but not to exceed forty-five
(45) days. The report by the Hazelwood Historic Preservation Commission
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 Hazelwood Historic
Preservation Commission.
[CC 1997 §37.26; Ord. No. 2447-93, 2-17-1993]
A.
In considering
an application for a building or demolition permit or for a certificate
of appropriateness, the Hazelwood Historic Preservation Commission
shall be guided in principal 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.
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 an 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. Replacement
of missing features 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
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.
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.
[CC 1997 §37.27; Ord. No. 2447-93, 2-17-1993]
Design guidelines for review of applications for a certificate of appropriateness shall, at a minimum, include the architectural criteria as set forth in Section 415.200.
[CC 1997 §37.28; Ord. No. 2447-93, 2-17-1993]
A.
Application for a certificate of economic hardship shall be made on a form prepared by the Hazelwood Historic Preservation Commission only after a certificate of appropriateness has been denied. The Hazelwood Historic Preservation Commission shall schedule a 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 Sections 415.120 and 415.130, and any person may testify at the hearing concerning economic hardship. All testimony, objections thereto and rulings at such hearing shall be taken down by a secretary employed by the City for that purpose, or, if electronic tape recording equipment is available, by such electronic means. The Hazelwood Historic Preservation Commission 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 Hazelwood Historic Preservation
Commission 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 Hazelwood Historic Preservation Commission,
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;
5.
Assessed
value of the property according to the two (2) most recent assessments;
6.
Real
estate taxes for the previous two (2) years;
7.
Form
of ownership or operation of the property, whether sole proprietorship,
for profit or not for profit corporation, limited partnership, joint
venture, or other;
8.
Any
other information considered necessary by the Hazelwood Historic Preservation
Commission to make a determination as to whether the property does
yield, or may yield, a reasonable return to the owners.
B.
In addition
to the foregoing information which the Hazelwood Historic Preservation
Commission may solicit or require the applicant to provide, the applicant
may provide the following information with respect to any application
for a certificate of economic hardship:
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
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.
[CC 1997 §37.29; Ord. No. 2447-93, 2-17-1993]
The Hazelwood Historic Preservation Commission shall review
all the evidence and information required of any applicant for a certificate
of economic hardship and make a determination, within forty-five (45)
days of receipt of the application, whether the denial of a certificate
of appropriateness has deprived, or will deprive, the owner of the
property of reasonable use of, or economic return on, the property.
Written notice of the determination shall be provided to the applicant
and the Building Department within seven (7) days following the determination.
[CC 1997 §37.30; Ord. No. 2447-93, 2-17-1993]
If a determination by the Hazelwood Historic Preservation Commission
that an application for a certificate of appropriateness or for a
certificate of economic hardship should be denied, the applicant or
any other interested person 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 specifying the grounds
thereof.
[CC 1997 §37.31; Ord. No. 2447-93, 2-17-1993]
A.
Ordinary Maintenance Exclusion. Nothing in the Chapter shall be construed to prevent the ordinary maintenance or repair of any exterior elements of any building or structure described in Section 415.260.
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 HD — Historic District shall
be preserved in the following manner against decay and deterioration
and free from certain structural defects, by the owner thereof or
such other person or persons who may have the legal custody and control
thereof who 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 exterior plaster or mortar;
5.
The
deterioration or ineffective waterproofing of 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.
D.
If minimum maintenance is not being maintained, the owner of the property or other person having legal custody thereof shall be notified by the Hazelwood Historic Preservation Commission. 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 notice to comply with the minimum maintenance requirements. The Hazelwood Historic Preservation Commission, for good cause shown, may extend the thirty (30) day period. If after the original thirty (30) day period or any extension granted by the Hazelwood Historic Preservation Commission, the owner or person having legal custody of the property should fail to meet the minimum maintenance requirements, the owner or person having legal custody of the property shall be in violation of this Section and punished in accordance with Section 415.340.
E.
Although
it is the desire and goal of the City to have all properties restored,
no owner of property, or other person having custody thereof, shall
be required to restore or improve said property beyond the condition
which existed at the time the property was designated a landmark or
Historic District.
[CC 1997 §37.32; Ord. No. 2447-93, 2-17-1993]
Applications for zoning amendments, special land use permits,
or variances for a landmark or structures within an Historic District
shall be referred to the Hazelwood Historic Preservation Commission
by the City Clerk. The Hazelwood Historic Preservation Commission
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 Hazelwood Historic Preservation Commission shall forward its comments
to the City Plan Commission for their consideration in reviewing the
application.
[CC 1997 §37.33; Ord. No. 2447-93, 2-17-1993]
None of the provisions of this Chapter 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 Director of Public Works, and where the
proposed measures have been declared necessary, by such department,
to correct the said condition; provided however, that only such work
as is reasonably necessary 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
an act of God or by the public enemy, to such an extent that in the
opinion of the aforesaid department or departments it cannot reasonably
be repaired and restored, it may be removed in conformity with normal
permit procedures and applicable laws.
[CC 1997 §37.34; Ord. No. 2447-93, 2-17-1993]
The Hazelwood Historic Preservation Commission may establish an appropriate system of processing fees for the review of nominations, certificates of appropriateness, and certificate of economic hardships. Any person who undertakes or causes an alteration, construction, demolition or removal of any nominated or designated landmark or property within a nominated or designated Historic District without a certificate of appropriateness or a certificate of economic hardship shall, upon being found guilty of violation thereof, be punished as set forth in the Municipal Code of the City in Section 100.130. Every day each such violation continues to exist shall constitute a separate violation. The Hazelwood Historic Preservation Commission may recommend that the City institute any appropriate action or proceeding to enjoin, correct or abate any violation of this Chapter.
