[Ord. No. 3945 §1, 2-12-2015]
A.
The Commission shall undertake periodic surveys and research efforts
in the City to identify neighborhoods, areas, sites, structures and
objects that have historic, cultural, archaeological, architectural
or aesthetic importance, interest or value. As part of the surveys,
the 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 Commission shall systematically
identify potential landmarks and historic districts and adopt procedures
to nominate them based upon the following criteria:
1.
The potential landmarks and historic districts in one (1) identifiable
neighborhood or distinct area of the City;
2.
The potential landmarks and historic districts associated with
a particular person or event of historical interest 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 matter with the potential to contribute
to the understanding of historic and prehistoric cultures;
5.
Such other criteria as may be adopted by the Commission to assure
systematic survey and nomination of all potential landmarks and historic
districts within the City.
[Ord. No. 3945 §1, 2-12-2015]
In addition to nominations initiated by the Commission, nominations
shall be made to the Commission on a form prepared by the Commission
and may be submitted by a member of the Commission, owner of record
of the nominated property or structure, the Board, or any person or
organization. Nominations shall be turned in to the Administrator
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 at the office
of the Commission.
[Ord. No. 3945 §1, 2-12-2015]
A.
The criteria for consideration of nomination of landmarks and historic
districts are as follows:
1.
Character, interest or value as part of the development heritage
or cultural characteristics of the community, county, State or country;
2.
Overall setting and harmony as a collection of buildings, structures
or objects where the overall collection forms a unit;
3.
Potential to be returned to an accurate historic appearance
regardless of alterations or insensitive treatment that can be demonstrated
to be reversible;
4.
Location as a site of a significant local, county, State or
national event;
5.
Identification with a person or persons who significantly contributed
to the development of the community, county, State or country;
6.
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.
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.
Embodiment of elements of design, detailing, materials or craftsmanship
that render the structure, property or area architecturally significant;
9.
Embodiment of design elements that make the structure, property
or area structurally or architecturally innovative;
10.
Unique location or singular physical characteristic that make
the structure, property or area an established or familiar visual
feature of the neighborhood, community or City;
11.
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.
Suitability for preservation or restoration; and
13.
Potential to yield information important to history and prehistory.
B.
Any structure, property or area that meets one (1) or more of the
above criteria shall also have sufficient integrity of location, design,
materials or workmanship to make the structure, property or area worthy
of preservation or restoration.
[Ord. No. 3945 §1, 2-12-2015]
Upon receipt of a completed nomination of a landmark or historic
district, the Heritage Commission shall schedule a public hearing
to solicit comment on the proposed nomination. Notice of the date,
time, place and purpose of the public hearing and a copy of the completed
nomination form shall be sent by regular mail to the owner(s) of record
and to the nominators, as well as to the owners of record of property
abutting the nominated landmark or historic district at least fifteen
(15) days prior to the date of the public hearing. Notice shall also
be published in a newspaper having general circulation in the City.
The notice shall state the street address and legal description of
a nominated landmark and the boundaries of a nominated historic district.
[Ord. No. 3945 §1, 2-12-2015]
A.
The 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. The resolution shall be accompanied
by a report to the Planning 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.
In the case of a nominated landmark found to meet the criteria
for designation:
a.
The significant exterior architectural features of the nominated
landmark that should be protected;
b.
The types of construction, alteration, demolition and removal,
other than those requiring a building or demolition permit that should
be reviewed for appropriateness pursuant to the provisions of this
Article;
c.
Archaeological significance and recommendations for interpretation
and protection.
4.
In the case of a nominated historic district found to meet the
criteria for designation:
a.
The types of significant exterior architectural features of
the structures within the nominated historic district that should
be protected;
b.
The types of alterations and demolitions that should be reviewed
for a certificate of appropriateness;
c.
The type and significance of historic and prehistoric archaeological
sites within the nominated historic district.
5.
Proposals for design guidelines to be applied to the nominated
landmark or historic district;
6.
The relationship of the nominated landmark or historic district
to the ongoing effort of the 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 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.
B.
The recommendations and report of the Commission shall be sent to
the Planning and Zoning Commission within seven (7) days following
the vote on the resolution and shall be available to the public in
the office of the City Clerk.
[Ord. No. 3945 §1, 2-12-2015]
The Planning Commission shall schedule and hold a public hearing
on the nomination within thirty (30) days following receipt of a report
and recommendation from the Commission that a nominated landmark or
historic district does or does not meet the criteria for designation.
Notice of the date, time, place and purpose of the public hearing
shall be sent by regular mail to the owner(s) of record and to the
nominators, as well as to the owners of record of property abutting
the nominated landmark or historic district at least fifteen (15)
days prior to the date of the public hearing. Notice shall also be
published in a newspaper having general circulation in the City. The
notice shall state the street address and legal description of a nominated
landmark and the boundaries of a nominated historic district.
[Ord. No. 3945 §1, 2-12-2015]
Oral or written testimony concerning the significance of the
nominated landmark or historic district shall be taken at the public
hearing from any person concerning the nomination. The Commission
may present expert testimony or present Commission evidence regarding
the compliance of the nominated landmark or historic district with
the criteria for consideration of a nomination set forth in this Chapter.
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 public hearing shall be closed upon completion
of testimony.
[Ord. No. 3945 §1, 2-12-2015]
Within thirty (30) days following close of the public hearing,
the Planning 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 passed
by resolution of the Planning and Zoning Commission and shall be accompanied
by a report stating the findings of the Planning and Zoning Commission
concerning the relationship between the criteria for designation in
Division 1 of this Article and the nominated landmark or historic
district and all other information required by Division 1 of this
Article.
[Ord. No. 3945 §1, 2-12-2015]
Notice of the determination of the Planning Commission, including
a copy of the report, shall be sent by regular mail to the owner of
record of a nominated landmark and of all property within a nominated
historic district and to the nominator within seven (7) days following
adoption of the resolution. Within seven (7) days following a determination
by the Planning Commission as to whether or not the nominated landmark
or historic district meets the criteria for designation, a copy of
the resolution and report accompanied by a recommendation as to whether
or not the nominated landmark or historic district be designated shall
be sent to the Board.
[Ord. No. 3945 §1, 2-12-2015]
A.
The Board shall, within sixty (60) days after receiving the report
and recommendation from the Planning Commission, either reject the
proposed designation or designate the landmark or historic district
by an ordinance. Prior to any such designation, the Board shall hold
a public hearing before enacting the ordinance. Notice of the date,
time, place and purpose of the public hearing shall be sent by regular
mail to the owner(s) of record and to the nominators, as well as to
the owners of record of property abutting the nominated landmark or
historic district at least fifteen (15) days prior to the date of
the public hearing. Notice shall also be published in a newspaper
having general circulation in the City. The notice shall state the
street address and legal description of a nominated landmark and the
boundaries of a nominated historic district.
B.
After the public hearing, the City Clerk shall provide written notification
of the action of the Board by regular mail to the nominator, the applicant
and the owner(s) of record of the designated landmark or of all property
within a designated historic district. The notice shall include a
copy of the designation ordinance passed by the Board, if any, and
shall be sent within seven (7) days of the Board's actions. A
copy of each designation ordinance shall be sent to the Commission,
the Planning and Zoning Commission and the City Administrator.
[Ord. No. 3945 §1, 2-12-2015]
Upon designation, a new historic district shall be labeled with
such title that conveys the nature of the properties and structures
contained therein. The designating ordinance shall describe the significant
exterior architectural features of the properties and structures contained
therein; 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 regulations; minimum dwelling size; floor area;
lot size; sign regulations; and parking regulations. The official
Zoning Map of the City shall be amended to show the location of the
new Historic District.
[Ord. No. 3945 §1, 2-12-2015]
No building permit shall be issued by the Administrator 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 Commission at which a nomination
form is first presented until the final disposition of the nomination
by the Board unless such alteration, removal or demolition is authorized
by formal resolution of the Board as necessary for public health,
welfare or safety. In no event shall the delay be for more than one
hundred eighty (180) days from the date of the meeting of the Commission
at which a nomination form is first presented.
[Ord. No. 3945 §1, 2-12-2015]
A designation may be amended or rescinded upon petition to the
Commission upon compliance with the same procedure and according to
the same criteria set forth herein for designation.
[Ord. No. 3945 §1, 2-12-2015]
A.
A certificate of appropriateness shall be required before the following
projects may be undertaken:
1.
Any exterior project requiring a building permit to any landmark,
any structure or site within one hundred eighty-five (185) feet of
any landmark in the H-2 Historic District Overlay, or any structure
or site within the National Register Historic District;
2.
Any project affecting an exterior character-defining architectural
feature or appearance of a designated landmark or contributing structures
or sites within the National Register Historic District;
3.
Any construction, alteration or removal involving earth-disturbing
activities that might affect archaeological resources.
4.
Any sign to be erected upon the property of a landmark, or on
property within one hundred eighty-five (185) feet of a landmark in
the H-2 Historic District Overlay or within the National Register
Historic District.
B.
No certificate of appropriateness is required for repairs or ordinary maintenance of exterior character-defining exterior architectural features as defined in Section 410.020 of any landmark, any site or structure within one hundred eighty-five (185) feet of any landmark in the H-2 Historic District Overlay or structure or site within the National Register Historic District.
[Ord. No. 3945 §1, 2-12-2015]
A.
The level of review of a project depends on the location, designation
and/or age of a structure and/or site as follows:
1.
The Commission shall review all applications for certificates
of appropriateness for all projects to any designated landmark within
the H-2 Historic District Overlay; all projects to contributing structures
in the National Register Historic District; any application referred
to the Commission by the Administrator; any application requesting
full review by the Commission if ordinarily subject to review by the
Administrator; and all appeals of decisions made by the Administrator
to issue or deny a certificate of appropriateness.
2.
The Administrator shall review all applications for certificates
of appropriateness for all projects affecting structures and/or sites
within one hundred eighty-five (185) feet of a landmark within the
H-2 Historic District Overlay and all exterior projects affecting
non-contributing structures and/or sites within the National Register
Historic District.
4.
The Administrator shall review all applications for certificates
of appropriateness for all sign applications.
5.
Within twenty-four (24) hours, the City Administrator shall
review all decisions of the Administrator for final approval or denial.
If the City Administrator is unable to review the Administrator's
decision, a staff member designated by the City Administrator shall
provide proxy review for the City Administrator. The City Administrator
shall be provided all necessary information needed to make an independent
decision of approval or denial.
[Ord. No. 3945 §1, 2-12-2015]
A.
When required under this Chapter, an application for a certificate
of appropriateness shall be made in conjunction with or prior to any
building, sign, excavation, grading or demolition permit as required
by the Municipal Code. No such permit shall be issued until a certificate
of appropriateness has been granted if required herein.
B.
During the initial determination of an application for a certificate
of appropriateness, the Administrator shall determine if a project
is subject to review under this Chapter.
C.
The Administrator shall determine whether the project application
shall be reviewed by the full Commission or administratively. For
Commission review, applications must be submitted one (1) calendar
week prior to the regularly scheduled Commission meeting to be reviewed
at that meeting. Applications to be reviewed by the Commission must
be forwarded to the Commission at least twenty-four (24) hours prior
to the Commission's regularly scheduled meeting. If no certificate
of appropriateness is required for the proposed project, the Administrator
shall indicate such determination on a form devised by City staff
for that purpose and given to the applicant.
D.
The issuance of a certificate of appropriateness shall not be construed
as a guarantee that a City permit or permits, coincident to the certificate,
will be granted. Any applicant may request a meeting with the Commission
or Administrator before the application is reviewed.
E.
Owner attestation for any action under Section 410.250 (B) regarding in-kind materials shall be submitted to the Administrator prior commencement of any action.
F.
When an application is made for the demolition of a structure under Section 410.260(A)(3), the owner of the property shall attest that the applicant/owner has taken all necessary and reasonable steps to determine if the structure or site has any historic significance, including but not limited to determination of the age of the structure to be demolished and the original construction method used in the erection of the structure. If it is determined that the structure has historic significance the Administrator may issue a stop-work order, consistent with Section 410.280, to assess the structure further and confer with the property owner as to possible alternatives to demolition.
[Ord. No. 3945 §1, 2-12-2015]
Whenever the Administrator has reason to believe that an action
for which a certificate of appropriateness is required and has been
initiated or is about to be initiated or that a violation of the conditions
of a permit has occurred, the Administrator shall make reasonable
efforts to contact the owners, occupants, contractor or subcontractor
and inform such persons of the proper procedures for obtaining a certificate
of appropriateness. If the Administrator determines that a stop-work
order is necessary to halt an action, the Administrator shall either
personally serve a copy of the stop-work order on the owners, occupants,
contractors and/or subcontractors and notify such persons of the proper
procedures for obtaining a certificate of appropriateness or send
a copy of the stop-work order by certified mail, return receipt requested,
to the owners, occupants, contractors and subcontractors and notify
such persons of the proper procedures for obtaining a certificate
of appropriateness. A copy of the application form shall be included
in the notice.
[Ord. No. 3945 §1, 2-12-2015]
A.
The Commission and Administrator shall review applications for certificates
of appropriateness and issue or deny the permit or certificate within
forty-five (45) days of receipt of the application. Written notice
of the approval or denial of the application shall be provided to
the applicant within seven (7) days following the determination and
shall be accompanied by a certificate of appropriateness if so approved.
B.
Certificates of appropriateness shall become void unless construction,
alteration, removal or demolition, as applicable, is commenced within
six (6) months of date of issuance. Certificates of appropriateness
shall be valid for a period of two (2) years. If the project is not
completed within two (2) years of the issuance of the original certificate
of appropriateness, the applicant may submit a request for an extension
of time in order to complete the project. If the project is not completed
as shown on the certificate of appropriateness or within the time
frame allotted in the extension of time order, the project shall be
deemed in violation of this Article.
[Ord. No. 3945 §1, 2-12-2015]
A denial of a certificate of appropriateness shall be accompanied
by a written statement of the reasons for the denial with specific
reference to the applicable design standard and/or design guidelines
set forth in this Article. The Commission may also make recommendations
to the applicant concerning changes, if any, in the proposed action
that would cause the Commission to reconsider the Commission's
denial and shall confer with the applicant and attempt to resolve
as quickly as possible the differences between the owner and the Commission
or Administrator. The applicant may resubmit an amended application
for a certificate of appropriateness or reapply for coincident permit
that takes into consideration the recommendation of the Commission.
[Ord. No. 3945 §1, 2-12-2015]
A.
Public improvement and land acquisition projects by the City or any
of the City's departments or agencies shall be reviewed by the
Commission in the following manner:
1.
The Commission shall review and comment upon any public improvement
project proposed by the City or any of the City's agencies or
departments within the National Register 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 the National Register Historic
District. The Administrator shall send a completed preliminary design
for a public improvement project to the Commission simultaneously
with its submission to the Board for approval. The Commission shall
have at least thirty (30) days to complete the Commission's review
and report to the Board.
2.
The Commission shall review and comment upon any proposed acquisition
of a landmark or of land or buildings within an historic district
by the City or any of the City's agencies or departments. The
Board or the Administrator shall, at the earliest date that will not
interfere with acquisition negotiations, send the 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 Commission shall report to the Board.
3.
The Commission shall review the public improvement or land acquisition
projects to determine the public improvement or land acquisition's
effect upon the historic, archaeological or architectural character
of the landmark or National Register Historic District and report
to the Board within any time specified by the Board or Administrator,
but not to exceed forty-five (45) days. The report by the 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 the National Register Historic District.
The Board shall take no final action on the land acquisition or initiate
construction of the public improvement until the Board has received
and reviewed the report of the Commission.
[Ord. No. 3945 §1, 2-12-2015]
A.
Commission Review.
1.
In considering an application for Certificate of Appropriateness,
the Commission shall follow, as applicable, substantive provisions
of the "Design Guidelines for the Sainte Genevieve National Register
Historic District" prepared by Winter and Company, dated June, 2001
and the U.S. Secretary of the Interior's Standards for Rehabilitation
as stated below:
a.
A property shall be used for the property's historic purpose
or be placed in a new use that requires minimal change to the defining
characteristics of the building and the building's 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 the
property's 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 historic 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 archaeological 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 the property's 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 the property's
environment would be unimpaired.
2.
The design guidelines shall be maintained at City Hall. In the
event there are conflicting substantive provisions between the design
guidelines and the standards as set forth herein, the stricter provision
shall prevail.
B.
Administrator Review. In considering an application
for a certificate of appropriateness for structures and/or sites within
one hundred eighty-five (185) feet of a landmark within the H-2 Historic
District Overlay or non-contributing structure and/or sites within
the National Register Historic District, the Administrator shall consider
the guidance set forth in Chapter 4 and Chapter 5 of the Design Guidelines
for the Ste. Genevieve National Register Historic District.
[Ord. No. 3945 §1, 2-12-2015]
A.
Irrespective of provisions in any ordinance of the City relating
to signs, all signs to be placed on a landmark or on a structure within
a historic district not specified in the designating ordinance must
receive a certificate of appropriateness from the Administrator who
shall review the proposed sign in accordance with the minimum design
standards and the following general guidelines. No public hearing
shall be required for an application for a certificate of appropriateness
for a sign which is otherwise in conformance with the City's
ordinances affecting signs. A public hearing shall be required in
accordance with, and in the same manner as, provisions for a special
use permit for any sign not in conformance with the City's ordinances
affecting signs.
1.
Generally.
a.
General sign regulations are included in zoning ordinances for
the City. Additional sign restrictions may be included in the ordinance
designating a landmark or title.
b.
It is not the intent of these standards to create uniformity
of signage or to inhibit creative initiative.
c.
Signs shall be designed and placed so as to appear an integral
part of the building design and to respect neighboring properties
and the district in general. Signs shall be designed with appropriateness
relative to the services of the establishment served.
2.
Recommended signage.
a.
Signs should be maintained if they are determined to be an original
part of a building as it was originally constructed.
b.
Some signs, though not original to a building, may have acquired
significance by virtue of their age, design, materials and craftsmanship.
Such signs should be maintained and preserved.
c.
Some existing signs may not be appropriate, especially if they
disguise, obstruct or detract from significant facade elements.
3.
Wall signs. Each ground floor occupant in a
building shall have no more than one (1) sign oriented to each street
on which the premises has frontage. The sign or signs should identify
the predominant use of the occupant or identify the building as a
whole.
a.
Wall signs may extend the entire length of the facade but shall
have a total vertical dimension of no more than two (2) feet six (6)
inches.
b.
Wall signs shall be mounted no lower than eight (8) feet above
the elevation of the ground floor and no higher than the elevation
of the second floor.
c.
Wall signs may be applied directly on glass show windows or
entry doors. These may be located at any point below the elevation
of the second floor.
4.
Secondary wall signs. Each occupant in a building
may have one (1) or more secondary wall signs. These signs should
identify occupants on upper floors or those not considered the primary
occupants.
a.
Each occupant may have not more than one (1) sign applied directly
on glass of upper windows. Upper window signs may consist of individual
letters not over six (6) inches in height. Total sign dimensions should
be no greater than fourteen (14) inches in height.
b.
In addition to upper window signs, each occupant may have one
(1) ground floor entry sign located at the entry way with individual
letters painted or located directly on glass, door, plaque or directory.
5.
Illumination. Any sign lighting shall be properly
shielded or diffused so as to eliminate glare.
6.
Exceptions. The following are appropriate in
addition to those signs listed above:
a.
Names of buildings, dates of erection, monumental citations
and commemorative tablets which do not exceed twenty (20) square feet
in area when made a permanent integral part of a building.
b.
Educational signs not exceeding ten (10) square feet providing
bulletin or poster display space, identifying or explaining local
history or other processes.
c.
Signs that have special aesthetic, artistic or historical merit
or appropriateness.
[Ord. No. 3945 §1, 2-12-2015]
A.
There should be no projections beyond the property line other than
as described below or as allowed by other Sections of this Article.
1.
Sun protection/weather protection devices are permitted only
in the form of awnings. Awnings should be of canvas or of a planar
surface of metal or similar smooth surface. Awnings should be located
no higher than sixteen (16) feet and should extend no lower than eight
(8) feet. Awnings should be of a color(s) and design that complements
the existing facade and that does not cover or damage significant
structural or decorative elements.
2.
Individual wall lighting fixtures projecting beyond property
lines may be used, provided that fixtures are consistent with the
period or the design of the building facade; the total wattage per
fixture is no more than one hundred (100) watts; the fixture does
not emit glare or harsh bright spots; the fixture is mounted no lower
than seven (7) feet six (6) inches nor higher than nine (9) feet above
the elevation of the ground floor; and the fixture extends from the
property line not more than sixteen (16) inches, with no dimensions
greater than sixteen (16) inches.
3.
The Commission may adopt a standardized sign which may project
beyond lines and which may be used by all property owners or businesses
within a district. Such sign shall be not lower than seven (7) feet
six (6) inches nor higher than ten (10) feet above the elevation of
the ground floor, shall extend from the property line no more than
three (3) feet and shall have no dimension greater than three (3)
feet. [Note: BOCA Section 1911.0 limits projecting signs to two (2)
feet inside street curbline.]
[Ord. No. 3945 §1, 2-12-2015]
A.
Ordinary Maintenance Exclusion. Nothing in this
Section shall be construed to prevent the ordinary maintenance or
repair of any exterior elements of any building or structure described
in this Article.
B.
Minimum Maintenance Requirement. All landmarks and
structures and sites within the National Register Historic District
shall be preserved against decay and deterioration and free from certain
structural defects in the following manner by the owner thereof or
such other person or persons who may have the legal custody and control
thereof and 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 of crumbling or exterior plasters 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.
C.
Notification Of Non-Maintenance. If minimum maintenance
is not being performed, the owner of the property or other person
having legal custody thereof shall be notified by the Administrator.
The Administrator shall make all reasonable attempts to contact the
owner of the landmark or contributing structures within the National
Register Historic District in the manner consistent with policies
and practices regularly engaged in by the Community Development Administrator
and Building Inspector to insure minimum maintenance of such structures
and sites. In the event the informal attempts are unsuccessful, the
Administrator shall notify the legal custodian of the property via
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 Administrator for good cause shown, may extend the
thirty-day period. If after the original thirty-day period or any
extension granted by the Administrator, 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 deemed to be in violation of this Article and shall be subject
to all penalties provided in this Chapter.
[Ord. No. 3945 §1, 2-12-2015]
A.
Application for a certificate of economic hardship shall be made
on a form prepared by the Commission only after a certificate of appropriateness
has been denied or a notification of non-maintenance has issued. The
Commission shall schedule a public hearing concerning the application
and any person may testify at the public hearing concerning economic
hardship. Notice of the date, time, place and purpose of the public
hearing shall be sent by regular mail to the applicant, owners of
record and the owners of record of property abutting the property
seeking the certificate of economic hardship at least fifteen (15)
days prior to the date of the public hearing. Notice shall also be
published in a newspaper having general circulation in the City. The
notice shall state the street address and legal description of the
property seeking the certificate of economic hardship.
B.
The 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 the Commission 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 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 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 Commission
to make a determination as to whether the property does yield or may
yield a reasonable return to the owners.
C.
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 the 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.
[Ord. No. 3945 §1, 2-12-2015]
The Commission shall review all the evidence and information
required of an 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 Zoning Administrator
within seven (7) days following the determination.
[Ord. No. 4272, 2-27-2020]
Where by reason of financial circumstances applicable solely
to the particular individual(s) applying, strict enforcement of the
provisions of this Article would result in unnecessary hardship affecting
the applicant, then the Commission, in passing upon the application
shall have the option to vary or modify adherence to this Article
provided always that its requirements ensure harmony with the general
purposes hereof, the preservation of basic form and rhythm of structures,
and will not adversely affect the Historic District as a whole or
any designated landmark. Guidelines for the application of unnecessary
hardship shall be determined by the Commission as a part of its operational
rules and procedures.
[Ord. No. 3945 §1, 2-12-2015]
Upon a determination by the Commission or Administrator that
an application for a certificate of appropriateness or for a certificate
of economic hardship 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 of Ste. Genevieve Board of Aldermen specifying the grounds
thereof.
Applications for zoning amendments, special use permits or variances
for a landmark or structures within the National Register Historic
District shall be referred to the Commission by the Zoning Administrator.
The Commission may review these applications using any format which
the Commission 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 Commission shall forward
the Commission's comments to the Zoning Administrator for presentation
to the Planning Commission for the Planning Commission's consideration
in reviewing the application.
