[Ord. No. 658 §1(29.010), 10-15-2003]
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,
archeological and architectural characteristics of the City of Oakland
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 the City's landmarks and historic districts;
3.
Conserving and improving the value of properties 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, rehabilitation
of the historic structures, areas and neighborhoods and thereby preventing
future urban blight;
7.
Promoting the use of landmarks and historic districts 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 archeological resources within the
incorporated limits of the City.
[Ord. No. 658 §1(29.020), 10-15-2003]
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.
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, painting, the erection,
construction, reconstruction or removal of a 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. For the purpose of this Chapter, alteration
shall not include restoration. See "RESTORATION".
A specific geographic division of the City of Oakland.
The Board established pursuant to the Code of Oakland.
The Board of Aldermen of the City of Oakland and/or its members.
A certificate issued by the Historic Preservation Commission
indicating its approval of plans for alteration, construction, removal
or demolition of a landmark or of a structure within a historic district.
The Commission established pursuant to the Code of Oakland
and Chapter 89, RSMo., as amended.
The act of adding an addition to an existing structure or
the erection of a new principal or accessory structure on a lot or
property.
Districts, sites, structures, objects and evidence or parts
thereof 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.
The date of the meeting of the Historic Preservation Commission
where the landmark or historic district is nominated by a member of
the Historic Preservation Commission, the owner of record of the structure
or the Board of Aldermen.
Any act or process which destroys in part or in whole a landmark
or a structure within a historic district or which threatens to destroy
a landmark or a structure within a 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 a 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; the type of roofline, dormers
and overhangs; the size, location and design of porches, steps and
handrails and the type, size, location, spacing, design and character
of all windows, doors, light fixtures, signs and appurtenant elements.
An area designated as a "historic district" by ordinance
of the Board of Aldermen 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 a historical
significance of the historic district.
The Commission established pursuant to Chapter 420 of the Code of Oakland.
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.
The Historic Preservation Commission and/or its members.
A property or structure designated as a "landmark" by ordinance
of the Board of Aldermen, 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 Oakland.
The minimum regulations governing the conditions and maintenance
of all existing structures, as set out in the BOCA Basic Existing
Structures Code, First Edition (1984) as amended from time to time
and other legally adopted codes of the City of Oakland.
Any work for which a building permit is not required by 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 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
in the records of the St. Louis County Recorder of Deeds.
The City Planning and Zoning Commission and/or its members.
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 process or product of returning, as nearly as possible,
an existing site, building, structure or object to its condition at
a particular time in history, using the same construction materials
and methods as the original where possible. Typically the period of
greatest historical significance or aesthetic integrity is chosen.
This may include removing the later additions, making hidden repairs
and replacing missing period work.
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, springs, wells, routes and trails, caves,
quarries, mines or significant trees or other plant life.
An order 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, subcontractor or other
responsible person 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.
[Ord. No. 658 §1(29.030), 10-15-2003; Ord. No. 731 §§1 — 2, 4-9-2007]
A.
The
Historic Preservation Commission shall consist of a total of eight
(8) regular and ex officio members and two (2) alternate members.
B.
The
eight (8) regular members shall consist of five (5) appointed citizens
and three (3) ex officio members which shall be the City Engineer
(or other designated staff member), a Board member selected by the
Board of Aldermen and the Chairperson of the Planning and Zoning Commission.
C.
All
regular appointed members shall be voting members. The Chairperson
of Planning and Zoning Commission, the City Engineer (or staff member
designated to sit for the City Engineer) and the Council member shall
serve but have no vote.
[Ord. No. 658 §1(29.040), 10-15-2003; Ord. No. 731 §3, 4-9-2007]
The five (5) regular, citizen members and two (2) alternate
members shall be appointed by the Board of Aldermen.
[Ord. No. 658 §1(29.050), 10-15-2003; Ord. No. 731 §4, 4-9-2007]
All regular members and alternate members shall serve three
(3) year terms, unless appointed to an unexpired term, except that
those members appointed to replace the original three (3) members
of the Historic Preservation Commission (or original members appointed
to a second (2nd) term) shall serve staggered terms: one (1) shall
be appointed to a one (1) year term, one (1) shall be appointed to
a two (2) year term and one (1) shall be appointed to a three (3)
year term. A regular member or alternate member may serve additional
terms as appointed by the Board of Aldermen. The terms of all ex officio
members shall be coincident with their terms in office with their
respective bodies.
[Ord. No. 658 §1(29.060), 10-15-2003]
A.
Regular
members and alternate members should have been residents of the City
of Oakland for at least one (1) year preceding their appointment.
Regular members and alternate members should be persons with demonstrated
interest or expertise in historic preservation. Representatives of
historical societies and residents of historic districts (if any)
shall be encouraged to serve as members.
B.
To
the extent available in the community, the Historic Preservation Commission
shall include professional members representing such disciplines as
architecture, law, real estate brokerage, banking, history or other
fields related to a historic preservation.
[Ord. No. 658 §1(29.070), 10-15-2003]
Insofar as practical, alternate members shall be called upon
to serve in the absence of, or the disqualification of, the members
on a rotation basis.
[Ord. No. 658 §1(29.080), 10-15-2003]
A.
Officers
shall consist of a Chairperson, a Vice Chairperson and a Secretary
elected by the Historic Preservation Commission, each of whom shall
serve a term of one (1) year and be eligible for re-election. The
Chairperson shall preside over meetings. In the absence or disqualification
of the Chairperson, the Vice Chairperson shall perform the duties
of the Chairperson. In the absence of the Chairperson and the Vice
Chairperson, the Acting Chairperson shall be elected from those members
present by those members present.
B.
The
Chairperson of the Historic Preservation Commission shall have the
following duties:
1.
Be responsible for publication and distribution of copies of the
minutes, reports and decisions to the members of the Historic Preservation
Commission;
2.
Give notice as provided herein by law for all public hearings conducted
by the Historic Preservation Commission;
3.
Advise the Mayor of vacancies on the Historic Preservation Commission
and expiring terms of members;
4.
To forward a register of all properties and structures which have
been designated as landmarks or historic districts annually to the
City Clerk; and
5.
Prepare to submit to the Board of Aldermen a complete record of the
proceedings before the Historic Preservation Commission on any matter
requiring Council action.
C.
The
Vice Chairperson shall have the duties of the Chairperson, but only
during such times as the Vice Chairperson serves as Acting Chairperson
in the absence, refusal or disqualification of the Chairperson.
D.
The
Secretary of the Historic Preservation Commission shall keep minutes
of the Historic Preservation Commission meetings and perform such
other duties as assigned by the Historic Preservation Commission,
the Secretary may be a staff member appointed by the Board of Aldermen.
[Ord. No. 658 §1(29.090), 10-15-2003]
A.
Vacancies
of members and alternate members shall be filled for the unexpired
term only. Regular members and alternate members serve at the pleasure
of the Board of Aldermen and may be removed by the Mayor and the Board
of Aldermen without cause.
B.
Action
to fill vacancies shall be initiated within sixty (60) days.
[Ord. No. 658 §1(29.100), 10-15-2003; Ord. No. 731 §5, 4-9-2007]
A.
A quorum
shall consist of three (3) of the voting members. All decisions or
actions of the Historic Preservation Commission shall be made by an
affirmative vote of a majority of those voting members present. In
the event of a tie vote, the issue shall be considered as deadlocked
and shall be tabled until the next regular or special meeting.
B.
Meetings
shall be held at regularly scheduled times or at any time upon the
call of the Chairperson, but no less than once each quarter (four
(4) meetings per year).
C.
All
meetings shall be held and agendas posted in accordance with the laws
of the State of Missouri.
[Ord. No. 658 §1(29.110), 10-15-2003]
Members of the Historic Preservation Commission shall be governed
by all applicable provisions of law and Oakland ordinances regarding
conflicts of interest.
[Ord. No. 658 §1(29.120), 10-15-2003]
A.
No
action shall be taken by the Historic Preservation Commission that
could in any manner deprive or restrict the owner of a property in
its use, modification, maintenance, disposition or demolition until
such owner shall have had the opportunity to be heard at a public
hearing.
B.
The
Chairperson, and in his/her absence the Acting Chairperson, may administer
oaths and compel the attendance of witnesses.
[Ord. No. 658 §1(29.130), 10-15-2003]
A.
The
Historic Preservation Commission shall keep minutes of its proceedings,
showing the vote and shall keep records of its examinations and other
official actions, all of which shall be filed as public record.
B.
All
Historic Preservation Commission rules of procedure, designation criteria,
design guidelines and forms shall be available as public record.
[Ord. No. 658 §1(29.140), 10-15-2003]
The Historic Preservation Commission may, with the consent of
the Board of Aldermen, 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.
[Ord. No. 658 §1(29.150), 10-15-2003]
The members shall serve without compensation.
[Ord. No. 658 §1(29.160), 10-15-2003; Ord. No. 745 §2, 12-10-2007]
A.
The
Historic Preservation Commission shall have the following powers and
duties:
1.
To adopt its own bylaws and procedural regulations for the purpose
of conducting meetings, provided that such regulations are consistent
with this Chapter, the City Code and the Missouri Revised Statutes
as amended;
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 Board of Aldermen the adoption
of ordinances designating areas as having special cultural, historic,
archeological, community or architectural value as "landmarks";
4.
To investigate and recommend to the Board of Aldermen the adoption
of ordinances designating areas as having special cultural, historic,
archeological, 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 a historic district to another;
7.
To advise and assist owners of landmarks and property of 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 landmarks and historic districts to the historic register
of the City of Oakland 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 Oakland concerning
the historic, archaeological and architectural heritage of the City
through Board of Aldermen approved expenditures for publication or
sponsorship of maps, newsletters, brochures, pamphlets, programs and
seminars by the City, the Historic Preservation Commission or other
appropriate parties;
10.
To hold public hearings and to review applications for removal or
demolition affecting proposed or designated landmarks or structures
within historic districts and issue or deny 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 public hearings on each proposed nomination of a landmark
and of a historic district and on the guidelines developed for each
nomination;
12.
To request that the City Engineer issue stop work orders for any
construction, alteration, removal or demolition undertaken without
a certificate of appropriateness or to stop work that violates the
conditions of a certificate;
13.
To call upon available City staff members as well as other experts
for technical advice;
14.
Upon approval of Board of Aldermen, to retain such specialists or
consultants or to appoint such citizen advisory committees as may
be required from time to time;
15.
To testify before all boards and commissions, including the Board
of Aldermen, the Planning and Zoning Commission and the Board of Aldermen,
on any matter affecting historically, archaeologically, culturally
and architecturally significant property, structures, sites and areas;
16.
To make recommendations to the Board of Aldermen concerning budgetary
appropriations to further the general purposes of this Chapter; and
17.
To undertake any other action or activity necessary or appropriate
to the implementation of its powers and duties or to implementation
of the purpose of this Chapter.
[Ord. No. 658 §1(29.170), 10-15-2003]
A.
The
Historic Preservation Commission shall undertake an ongoing survey
and research effort on the City of Oakland to identify neighborhoods,
areas, sites, structures and objects that have historic, cultural,
archaeological, architectural or aesthetic importance, interest or
value. As part of the survey, the 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 Historic Preservation 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 geographical area of the City of Oakland;
2.
The potential landmarks and historic districts associated with a
particular person, event or historical period;
3.
The potential landmarks and historic districts in a particular architectural
style or school or of a particular architect, engineer, builder, designer
or craftsman;
4.
The potential landmarks and historic districts contain historic and
prehistoric archaeological resources with the potential to contribute
to the understanding of historic and prehistoric cultures;
5.
Such other criteria as may be adopted by the Historic Preservation
Commission to assure systematic survey and nomination of all potential
landmarks and historic districts within the City of Oakland.
[Ord. No. 745 §1, 12-10-2007]
There shall be maintained by the HPC a list of properties within the City that are being considered for nomination as landmarks or historic districts. This list shall be generated by the HPC not less than twice annually and posted at such locations within the City designated for the posting of public notices. Owners of properties placed on the list, as listed in the real estate index of St. Louis County, shall be given notice by first class mail or hand delivery of such listing within seven (7) days after the meeting at which the property is placed on the list. The owner may request in writing to the City Clerk that the HPC either move forward with the designation process or remove the property from the list. The HPC shall then have sixty (60) days to nominate the property, or the property shall be removed from the list. No application for a permit to construct, alter or demolish any structure or feature on a listed property may be granted until the HPC has had sixty (60) days from the date of permit application to begin the process for designation set forth in this Chapter. The moratorium set forth in Section 420.250 shall then govern, even when the permit application was filed prior to the notice of proposed designation.
[Ord. No. 658 §1(29.180), 10-15-2003]
Nominations shall be made to the Historic Preservation Commission
on a form prepared by it and may be submitted by an owner of record
of the nominated property or structure, by motion of the Historic
Preservation Commission acting as a body or by motion of the Board
of Aldermen acting as a body. Nominations shall be submitted to the
City Clerk who shall, within seven (7) days of receipt, mail a notification
of the 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.
[Ord. No. 658 §1(29.190), 10-15-2003]
A.
The
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, based on the criteria for evaluation for
the National Register of Historic Places:
1.
Its character, interest or value as a 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 distinguished 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 of
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
and restoration.
|
[Ord. No. 658 §1(29.200), 10-15-2003]
The Historic Preservation Commission shall conduct a public
hearing on each proposed designation of a landmark or a historic district
in order to obtain the viewpoints of affected property owners, residents
and other interested parties.
[Ord. No. 658 §1(29.210), 10-15-2003]
A.
Notice
of a proposed designation shall be hand delivered or sent by first
class mail to the owners, as listed in the real estate index of St.
Louis County, of property proposed for landmark or a historic district
designation, describing the property proposed and announcing, at least
seven (7) days in advance, a public hearing by the Historic Preservation
Commission to consider said designation. The notice shall briefly
describe the proposed designation and state the time and place of
the public hearing.
B.
The
notice shall be posted at such locations within the City designated
for the posting of public notices at least twenty-four (24) hours
before the hearing.
C.
The
notice shall be posted on the property at least seven (7) days in
advance of the hearing.
[Ord. No. 658 §1(29.220), 10-15-2003]
A.
The
Historic Preservation Commission shall make a determination with respect
to the proposed designation in writing within fifteen (15) days after
the initial hearing date and shall forthwith hand deliver or send
by first class mail a copy or copies thereof to the owner or owners
as listed in the real estate index of St. Louis County, to the Board
of Aldermen, as well as to such other interested parties as may request
a copy thereof, setting forth those findings of fact which constitute
the basis for its recommendation. The determination shall be in the
form of a finding of fact. The following information shall be included
in the determination:
B.
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;
2.
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
Chapter; and
3.
Archaeological significance and recommendations for interpretation
and protection.
C.
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;
2.
The types of alterations and demolitions that should be reviewed
for appropriateness pursuant to the provisions of this Chapter;
3.
The type and significance of historic and prehistoric archeological
sites within the nominated historic district;
4.
Proposals for the design guidelines of Historic Preservation Commission
review of certificates of appropriateness within the nominated landmark
or a historic district;
5.
The relationship of the nominated landmark or a historic district
to the ongoing effort of the Historic Preservation Commission to identify
and nominate all potential cultural resources that meet the criteria
for designation;
6.
Recommendations as to appropriate permitted uses, conditional 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 a historic district,
including recommendations for buffer zones to protect and preserve
visual integrity; and
7.
A map showing the location of the nominated landmark and/or the boundaries
of the nominated historic district.
[Ord. No. 658 §1(29.230), 10-15-2003]
Upon receipt of the recommendations of the Historic Preservation
Commission, the Board of Aldermen shall schedule a public hearing.
Following the public hearing, the Board of Aldermen may approve or
disapprove the Historic Preservation Commission's recommendations
which shall not be binding on the Board of Aldermen. The Board of
Aldermen shall cause notice of the time and place of its public hearing
to be published at least two (2) times in a newspaper having a general
circulation within the City of Oakland. The first (1st) publication
shall be at least fifteen (15) days prior to the day of the hearing.
The Board of Aldermen may provide by ordinance for additional notice
of any such hearing to interested persons and citizens of the City.
Not withstanding the foregoing, the Board of Aldermen may disapprove
the recommendation of the Historic Preservation Commission, without
a public hearing, upon compliance with the Missouri Open Meeting Statute
and by an affirmative vote of not less than three (3) Board members
who determine that there is a compelling reason for such disapproval.
[Ord. No. 658 §1(29.240), 10-15-2003; Ord. No. 745 §3, 12-10-2007]
Within fifteen (15) days after approval by the Board of Aldermen
of the ordinance designating property as a landmark or a historic
district, the City Clerk shall send to the owner, as listed in the
real estate index of St. Louis County, of each property within the
designated district, by hand delivery or first class mail, a copy
of the ordinance and a letter outlining the basis for such designation
and the obligations and restrictions which result from such designation.
The City Clerk shall send copies of this material to the City Building
Inspector.
[Ord. No. 658 §1(29.250), 10-15-2003]
A.
No
application for a permit to construct, alter or demolish any structure
or other feature on a proposed landmark or in a historic district,
filed after the day that notice of a proposed designation has been
first (1st) given to initiate designation of the said landmark or
a historic district, shall be approved by the Historic Preservation
Commission or the City Engineer while proceedings are pending on such
designation; provided however, that after one hundred eighty (180)
calendar days have elapsed from the date of initiation of said designation,
if final action on such designation has not been completed, the permit
application may be approved.
B.
If
an appeal of a decision is made, the one hundred eighty (180) day
moratorium remains in effect until the appeal is resolved.
[Ord. No. 658 §1(29.260), 10-15-2003]
The Historic Preservation Commission may support the nomination
to the National Register of Historic Places of local landmarks and
historic districts that the Historic Preservation Commission deems
to have contributed to the history, architecture and culture of the
City of Oakland.
[Ord. No. 658 §1(29.270), 10-15-2003]
A.
A certificate
of appropriateness shall be approved by the Historic Preservation
Commission before any of the following actions may be taken to a landmark
or to a building, feature or structure located in a historic district:
B.
The
Historic Preservation Commission may delegate the authority to implement
previously approved applications for certificates of appropriateness
to the City Engineer for changes not visible from the street frontage,
excluding changes to the primary structure.
[Ord. No. 658 §1(29.271), 10-15-2003]
The Secretary of the Interior's "Standards for Rehabilitation
and Guidelines for Rehabilitating Historic Buildings" shall be the
Historic Preservation Commission's general guide concerning landmarks
and buildings in historic districts.
[Ord. No. 658 §1(29.272), 10-15-2003]
The Historic Preservation Commission shall consider the following
in passing upon the appropriateness of architectural features on new
buildings: the extent to which the building or structure would be
harmonious with or incongruous to the old and historic aspects of
the surroundings. It is not the intent of this consideration to discourage
contemporary architectural expression or to encourage the emulation
of existing buildings or structures of historic or architectural interest
in specific detail. Harmony or incompatibility should be evaluated
in terms of the appropriateness of materials, scale, size, height,
placement and use of a new building or structure in relationship to
existing buildings and structures and to the setting thereof.
[Ord. No. 658 §1(29.273), 10-15-2003]
An applicant for a certificate of appropriateness must submit
proposed plans to the Historic Preservation Commission in sufficient
detail for the Historic Preservation Commission to have full knowledge
of the requested demolition or moved structure, particularly as to
how the proposed actions will affect the appearance, materials and
architectural design of the landmark or the buildings, structure or
land within a historic district.
[Ord. No. 658 §1(29.274), 10-15-2003]
A.
The
Historic Preservation Commission shall schedule a public hearing to
consider an application for a certificate of appropriateness within
fifteen (15) days of receipt of the application and supporting documents
from the City Engineer. A notice which states that an application
is pending and also states the date of the Historic Preservation Commission
hearing at which such application will be considered shall be mailed
to the applicant by first class mail and posted conspicuously on the
property at least seven (7) days in advance of the hearing. In addition,
notice of the applications to be considered at the Historic Preservation
Commission meeting will be posted twenty-four (24) hours before of
the hearing at such locations within the City designated for the posting
of public notices.
B.
At
the Historic Preservation Commission hearing at which his/her application
is considered, an applicant shall have the opportunity to examine
any witnesses who may testify at the hearing. In addition, the applicant
shall have the opportunity to discuss the application with the members
of the Historic Preservation Commission.
[Ord. No. 658 §1(29.275), 10-15-2003]
The Historic Preservation Commission may approve, deny or approve
in amended form the proposed plan subject to the acceptance of the
amendment by the applicant. If an applicant chooses not to accept
a proposed amendment, the application is considered denied.
[Ord. No. 658 §1(29.276), 10-15-2003]
A written report of action taken or determination by the Historic
Preservation Commission shall be forwarded to the applicant, the Board
of Aldermen and the Planning and Zoning Commission not later than
forty-five (45) days after receipt of the application by the Historic
Preservation Commission. The report must state reasons why an application
is approved, denied or amended.
[Ord. No. 658 §1(29.277), 10-15-2003]
All work performed pursuant to the issuance of certificate of
appropriateness shall conform to the requirements of such certificate.
It shall be the duty of the City Engineer to inspect from time to
time any work performed pursuant to such certificate to assure such
compliance. In the event work is performed not in accordance with
such certificate, the City Engineer or his/her designated representative
shall issue a stop work order and all work shall cease. No person,
firm or corporation shall undertake any work on such project as long
as such stop work order shall continue in effect.
[Ord. No. 658 §1(29.290), 10-15-2003]
Applications for sign permits involving landmarks or historic
districts are reviewed under the standard procedures of the sign ordinance.
The Historic Preservation Commission may review sign applications
for a certificate of appropriateness only if the sign is on a structure
in a historic district whose written standards are more strict concerning
signs than those of the sign ordinance.
[Ord. No. 658 §1(29.300), 10-15-2003]
The Historic Preservation Commission may review development
plans involving landmarks or historic districts and forward recommendations
to the Planning and Zoning Commission. Development plans adopted by
the Board of Aldermen concerning landmarks or historic districts shall
be amendments to the ordinance establishing individual landmarks or
historic districts.
[Ord. No. 658 §1(29.310), 10-15-2003]
Nothing in this Chapter shall be construed to prevent the ordinary
maintenance or repair of any exterior element of any building or structure.
[Ord. No. 658 §1(29.320), 10-15-2003]
This Chapter shall not be construed to prevent the construction,
reconstruction, alteration or demolition of any such elements that
the authorized municipal officers shall certify as required by public
safety.
[Ord. No. 658 §1(29.330), 10-15-2003]
Applications for zoning amendments, conditional use permits
or variances for a landmark or structures within a historic district
may be referred to the Historic Preservation Commission by the City
Engineer prior to the date of the public hearing set by the Planning
and Zoning Commission or the Board of Aldermen. The 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 or at the next regularly scheduled meeting, the Historic
Preservation Commission shall forward its comments to the City Engineer
(or other designated staff person) for presentation to the Planning
and Zoning Commission for its consideration in reviewing the application.
[Ord. No. 658 §1(29.340), 10-15-2003]
A.
Any person aggrieved by a decision of the Historic Preservation Commission, the City or any proper person acting on behalf of the City may, within thirty (30) days thereafter, apply to the Board of Aldermen for review of the decision. Written requests for Board of Aldermen review of a decision shall be filed with the City Clerk. The Board of Aldermen shall review appeals within sixty (60) days of the written request for review of the decision. The Board of Aldermen may, after a public hearing as provided for in Section 420.230, reverse or modify the decision of the Historic Preservation Commission, but only if it finds that:
1.
Every reasonable effort has been made by the applicant to agree to
the requirements of the Historic Preservation Commission, or
2.
Owing to special conditions pertaining to the specific piece of property,
denial of the certificate of appropriateness will cause undue and
unnecessary hardship, or
3.
Such reversal or modification is in the public interest.
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Appeals from decisions of the Board of Aldermen will be as provided
by State law.
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[Ord. No. 658 §1(29.350), 10-15-2003]
The City Engineer shall give written notification of any violation
of this Chapter to the owner or lessor of or the trustee or other
legally responsible party for such property, stating in such notification
that they have inspected the property and have found it in violation
of this Chapter. The notification shall contain a description or explanation
of the violation(s). The property owner, trustee, lessor or legally
responsible party shall have thirty (30) days in which to correct
such violation or to give satisfactory evidence that steps have been
taken that will lead to correcting such violation within a stated
period of time. The time shall be agreeable to the City Engineer as
being fair and reasonable. If after the thirty (30) day period an
agreement is not reached, the City or any proper person may institute
an appropriate action or proceeding to prevent or correct such unlawful
action. The imposition of any penalty hereunder shall not preclude
the City or any proper person from instituting any proper action or
proceeding to require compliance with the provisions of this Chapter
and with the administrative orders and determination made hereunder.
[Ord. No. 658 §1(29.360), 10-15-2003]
The owner of a building or premises where a violation of any
provision of said regulations has been committed or shall exist or
the lessee or tenant of an entire building or entire premises where
such violation has been committed or shall exist or the owner, lessee
or tenant of any part of the building or premises in which such violation
has been committed or shall exist or the architect, builder, contractor
or any other person who commits, takes part or assists in any such
violation or who maintains any building or premises in which any such
violation shall exist shall be guilty of a misdemeanor punishable
by a fine of not less than ten dollars ($10.00) and not more than
one hundred dollars ($100.00) for each and every day that such violation
continues, but if the offense be willful on conviction thereof, the
punishment shall be a fine of not less than one hundred dollars ($100.00)
or more than two hundred fifty dollars ($250.00) for each and every
day that such violation shall continue or by imprisonment for ten
(10) days for each and every day such violation shall continue or
by both such fine and imprisonment in the discretion of the court.
