[R.O. 2011 §405.060; Ord. No. 10-6 §1, 3-8-2010]
Nominations shall be made to the HPC on a form prepared by it
and may be submitted by a member of the HPC, owner of record of the
nominated property or structure, or the City Council. Nominations
shall be turned 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 at the office of the City Clerk.
[R.O. 2011 §405.065; Ord. No. 10-6 §1, 3-8-2010]
A.
The
HPC 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, based on Criteria
for Evaluation for the National Register of Historic Places:
1.
Its character, interest or value as part of the development, heritage,
or cultural characteristics of the Community, County, State or Country;
2.
Its overall setting and harmony as a collection of buildings, structures,
objects where the overall collection forms a unit;
3.
Its potential to be returned to an accurate historic appearance regardless
of alterations or insensitive treatment that can be demonstrated to
be reversible;
4.
Its location as a site of 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 renders it architecturally significant;
9.
Its embodiment of design elements that make it structurally or architecturally
innovative;
10.
Its unique location or singular physical characteristic that make
it an established or familiar visual feature of the neighborhood,
community, or City;
11.
Its character as a particularly fine or unique example of a utilitarian
structure, including, but not limited to farmhouses, gas stations,
or other commercial structures, with a high level of integrity or
architectural significance;
12.
Its suitability for preservation or restoration; and
13.
Its potential to yield information important to history and prehistory.
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Any structure, property, or area that meets one (1) or more
of the above criteria shall also have sufficient integrity of location,
design, materials, and workmanship to make it worthy of preservation
or restoration.
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[R.O. 2011 §405.070; Ord. No. 10-6 §1, 3-8-2010]
Upon receipt of a completed nomination of a landmark or historic
district, the HPC shall schedule a public hearing to solicit input
and comment on the proposed nomination and guidelines for certificates
of appropriateness.
[R.O. 2011 §405.075; Ord. No. 10-6 §1, 3-8-2010]
A.
Report. The HPC shall within forty-five (45) calendar days
from receipt of a completed nomination in proper form adopt by resolution
a recommendation that the nominated landmark or historic district
does or does not meet the criteria for designation. The resolution
shall be accompanied by a report to the Planning and Zoning Commission
containing the following information:
B.
Criteria For Landmarks. In the case of a nominated landmark
found to meet the criteria for designation:
1.
The significant exterior architectural features of the nominated
landmark that should be protected;
C.
Criteria For Historic Districts. In the case of a nominated
historic district found to meet the criteria for designation:
1.
The types of significant exterior architectural features of the structures
within the nominated historic district that should be protected;
3.
The type and significance of historic and prehistoric archaeological
sites within the nominated historic district;
4.
Proposals for design guidelines of HPC review of certificates of
appropriateness within the nominated landmark or historic district;
5.
The relationship of the nominated landmark or historic district to
the ongoing effort of the HPC to identify and nominate all potential
cultural resources that meet the criteria for designation;
6.
Recommendations as to appropriate permitted uses, special uses, height
and area regulations, minimum dwelling size, floor area, sign regulations,
lot size, and parking regulations necessary or appropriate to the
preservation of the nominated landmark or historic district, including
recommendations for buffer zones to protect and preserve visual integrity;
7.
A map showing the location of the nominated landmark and/or the boundaries
of the nominated historic district.
D.
The
recommendations and report of the HPC shall be sent to the Planning
and Zoning Commission within seven (7) days following the vote on
the resolution and shall be available to the public in the office
of the City Clerk.
[R.O. 2011 §405.080; Ord. No. 10-6 §1, 3-8-2010]
The Planning and Zoning Commission shall schedule and hold a
hearing on the nomination following receipt of a report and recommendation
from the HPC that a nominated landmark or historic district does 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.
[R.O. 2011 §405.085; Ord. No. 10-6 §1, 3-8-2010]
Oral or written testimony concerning the significance of the nominated landmark or historic district shall be taken at the public hearing from any person concerning the nomination. The HPC may present expert testimony or present its own evidence regarding the compliance of the nominated landmark or historic district with the criteria for consideration of a nomination set forth in Section 405.065 of 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 hearing shall be closed upon completion of testimony.
[R.O. 2011 §405.090; Ord. No. 10-6 §1, 3-8-2010]
Within sixty (60) calendar days following close of the public hearing, the Planning and Zoning Commission shall make a determination upon the evidence whether the nominated landmark or historic district does or does not meet the criteria for designation. Such a determination shall be made upon a motion and vote of the Planning and Zoning Commission and shall be accompanied by a report stating the findings of the Planning and Zoning Commission concerning the relationship between the criteria for designation in Section 405.065 of this Chapter and the nominated landmark or historic district and all other information required by Section 405.075 of this Chapter.
[R.O. 2011 §405.095; Ord. No. 10-6 §1, 3-8-2010]
Notice of the determination of the Planning and Zoning Commission,
including a copy of the report, shall be sent by regular mail to the
owner of record of a nominated landmark and of all property within
a nominated historic district and to the nominator within seven (7)
days following adoption of the resolution. Within seven (7) days following
a determination by the Planning and Zoning Commission that the nominated
landmark or historic district does meet the criteria for designation,
a copy of the resolution and report accompanied by a recommendation
that the nominated landmark or historic district be designated shall
be sent to the City Council.
[R.O. 2011 §405.100; Ord. No. 10-6 §1, 3-8-2010]
A determination by the Planning and Zoning Commission that the
nominated landmark or historic district does not meet the criteria
for designation shall be a final administrative decision reviewable
under the Missouri Administrative Procedure and Review Act, provided
however, that the nominator or any owner of the nominated landmark
of property within the nominated historic district may within thirty
(30) days after the postmarked date of the notice of the determination
file with the City Clerk a written appeal to the City Council.
[R.O. 2011 §405.105; Ord. No. 10-6 §1, 3-8-2010]
The City Council shall, within sixty (60) calendar days after receiving the recommendation that the nominated landmark or historic district be designated or receiving a written appeal, either reject the recommendation or written appeal by formal resolution or designate the landmark or historic district by an ordinance. The City Council shall hold a public bearing before enacting the resolution or ordinance and provide notice and take testimony in the same manner as provided in Sections 405.080 and 405.085 of this Chapter. 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 City Council by regular mail to the nominator, the appellant, and the owner(s) of record of the nominated landmark or of all property within a nominated historic district. The notice shall include a copy of the designation ordinance or resolution passed by the City Council and shall be sent within seven (7) days of the City Council action. A copy of each designation ordinance shall be sent to the HPC, Planning and Zoning Commission and Building Inspector.
[R.O. 2011 §405.110; Ord. No. 10-6 §1, 3-8-2010]
Upon designation, the landmark or historic district shall be
classified as a "District H — Historic", and the designating
ordinance shall prescribe the significant features; the types of construction,
alteration, demolition, and removal, other than those requiring a
building or demolition permit that should be reviewed for appropriateness;
the design guidelines for applying the criteria for review of appropriateness;
permitted uses; special uses; height and area regulation; minimum
dwelling size; floor area; lot size; sign regulation; and parking
regulations. The official Zoning Map of the City of Trenton shall
be amended to show the location of the "District H — Historic"
as an overlay zone.
[R.O. 2011 §405.115; Ord. No. 10-6 §1, 3-8-2010]
No building permit shall be issued by the Building Inspector
for alteration, construction, demolition, or removal of a nominated
landmark or of any property or structure within a nominated historic
district from the date of the meeting of the HPC at which a nomination
form is first presented until the final disposition of the nomination
by the City Council unless 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.
[R.O. 2011 §405.120; Ord. No. 10-6 §1, 3-8-2010]
Designation may be amended or rescinded upon petition to the
HPC and compliance with the same procedure and according to the same
criteria set forth herein for designation.
