City of Fredericktown, MO Heritage and Landmarks Preservation

It is hereby declared as a matter of public policy that the protection, preservation, and enhancement of properties of historical, natural, cultural, archaeological, and architectural merit are in the interest of the health, prosperity, and general welfare of the residents of the City of Fredericktown. It is further declared that the purposes of this Chapter shall be:

To promote and accomplish the protection, preservation, and enhancement of improvements and landscape features of landmarks and historic districts which represent distinctive elements of the City's cultural, social, economic, political, and architectural history;

To safeguard the City's historical, natural, cultural, archaeological, and architectural heritage, as embodied and reflected in such landmarks and districts;

To preserve and enhance the environmental quality and property values of neighborhoods and the community at large, and aid in the removal and prevention of blight;

To foster economic development, especially in regard to the stimulation of tourism; and,

To promote the use of landmarks and historic districts for the education, welfare, and pleasure of the residents of the City of Fredericktown.

It is further declared that the purposes of this Chapter are:

With respect to designated landmarks:

To retain and enhance designated landmarks in the City of Fredericktown and to encourage their adaptation for economic and functional uses, and,

To encourage the restoration of designated landmarks of historical or architectural value.

With respect to properties in designated historic districts:

To retain and enhance those properties that contribute to the character of the historic district and to encourage their adoption for economic and functional uses;

To assure that alterations of existing structures are compatible with the character of the historic district; and

To assure that new construction and subdivisions are compatible with the character of the historic district.

Section 420.020 Definitions.

[R.O. 2013 § 420.020; Ord. No. 86-25 § 2, 12-8-1986]

For the purposes of this Chapter, the terms, words, and phrases defined in Chapter 405, Zoning Regulations, Chapter 410, Subdivision Regulations, and Building Codes of the City of Fredericktown[1] shall be deemed to apply to this Chapter.

ALTERATION

Any act or process that changes one or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure.

AREA

A specific geographical division of the City of Fredericktown.

BOARD OF ALDERMEN

The Board of Aldermen of the City of Fredericktown.

COMMISSIONERS

Members of the Fredericktown Heritage and Landmarks Commission.

CONSTRUCTION

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.

CULTURAL RESOURCES

Districts, sites, structures, and objects and evidence of some importance to a culture, a subculture, or a community for scientific, engineering, art tradition, religious, or other reasons, significant in providing resource and environmental data necessary for the study and interpretation of past lifeways and for interpreting human behavior.

DEMOLITION

Any act or process that destroys in part or in whole a landmark or structure within a historic district.

DESIGN GUIDELINE

A standard of appropriate activity that will preserve the historic and architectural character of a structure or area.

EXTERIOR ARCHITECTURAL APPEARANCE

The architectural character and general composition of the exterior of a structure, including, but not limited to, the kind, color, and texture of the building material and the type, design, and character of all windows, doors, light fixtures, signs, and other such elements.

HERITAGE AND LANDMARKS COMMISSION

The Commission appointed by the Mayor with approval of the Board of Aldermen of the City of Fredericktown and authorized and directed to carry out the provisions established by this Chapter for the preservation of significant historical, natural, cultural, archaeological, and architectural features. Unless specifically stated otherwise in this Chapter, the word "Commission" shall refer to the Heritage and Landmarks Commission.

HERITAGE AND LANDMARKS TRUST FUND

The trust fund established by this Chapter for the sole purpose of maintaining the operations and functions of the Heritage and Landmarks Commission; for the purchase or other acquisition of properties, structures, documents, easements, or other items of significance to the City's history; for the preservation or restoration of properties, structures or other historical items owned or controlled by the City of Fredericktown or the Heritage and Landmarks Commission; or for any other purpose set forth in this Chapter.

HERITAGE REGISTER

The official register of referential entries, letters, documents, books, manuscripts, records, photographs, maps, plats, and similar items of importance in the City's history.

HISTORIC DISTRICT

Any district or area, delineated by appropriate boundaries, established by separate municipal ordinance subsequent to a determination by the Heritage and Landmarks Commission, that such district or area contains or includes structures or other features of historical, natural, cultural, archaeological, or architectural significance to the community.

LANDMARK

Any site, structure, or other feature of historical, natural, cultural, archaeological, or architectural significance officially designated as a landmark, and entered into the Landmarks Register, pursuant to the provisions for nomination, consideration, and designation to the Landmarks Register set forth in this Chapter.

LANDMARKS REGISTER

The official register of historic sites, structures, districts, or other features designated as landmarks pursuant to the provisions of this Chapter.

ORDINARY MAINTENANCE

Any work for which a building permit is not required by municipal ordinance, where the purpose and effect of such work is to correct any deterioration or decay of, or damage to, a structure or any part thereof and to restore the same, as nearly as may be practical, to its condition prior to the occurrence of such deterioration, decay, or damage.

OWNER OF RECORD

The person, corporation, or other legal entity listed as owner on the records of the County Recorder of Deeds.

PLANNING COMMISSION

The Planning Commission of the City of Fredericktown.

REMOVAL

A relocation of a structure on its site or to another site.

REPAIR

Any change that is not construction, removal or alteration.

SITE

Any area or location occupied as a residence or utilized by humans for a sufficient length of time to construct features, or deposit a number of artifacts or any place with evidence of past human activity. Sites include, but are not limited to, occupation, location, work areas, evidence of farming or hunting and gathering, burial remains, artifacts and structures of all types.

STRUCTURE

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.

ZONING ADMINISTRATOR

The person or his/her designee authorized and empowered by the governing body, having jurisdiction to administer the requirements of these zoning regulations.

[1]

Editor's Note: See Title V, Building Code.

Section 420.030 Heritage And Landmarks Commission.

[R.O. 2013 § 420.030; Ord. No. 86-25 § 3, 12-8-1986]

Establishment, Membership, Appointment, Terms, Vacancy, And Removal.

There is hereby established a Heritage and Landmarks Commission of the City of Fredericktown, Missouri. The Commission shall consist of nine (9) members, including one (1) member of the City Planning and Zoning Commission, selected by that Commission, the City Zoning Administrator, and seven (7) citizen members. All citizen members shall be appointed by the Mayor with approval of the Board of Aldermen. Citizen members shall be residents of the City or County with a declared interest in the City's history and its preservation. Although specific representation is not required, to the extent possible in appointing citizen members, the Mayor shall give due consideration to the desirability of having representation from historical organizations and the architectural, legal, and real estate professions. Citizen members shall serve without compensation, except for reimbursement for expenses necessarily incurred while conducting official Commission business.

The term of each citizen member shall be three (3) years, except that the terms of the citizen members first appointed shall be for varying periods so that succeeding terms will be staggered. Any vacancy in a membership shall be filled for the unexpired term by appointment as aforesaid. The Board of Aldermen may remove any citizen member for cause stated in writing and after public hearing.

Officers, Rules, Records, Employees, And Expenditures. The Commission shall elect its Chairman and secretary from among the citizen members. The term of Chairman and secretary shall be for one (1) year with eligibility for reelection. The Commission shall hold regular meetings and special meetings as they provide by rule and shall adopt rules for the transaction of business and keep a record of its proceedings. These records shall be public records. The Commission shall appoint the employees, staff, and committees necessary for its work, and may contract with City planners and other professionals for the services that it requires. The expenditures of the Commission, exclusive of grants, gifts, and other bequests, shall be within the amounts appropriated for the purpose by the Board of Aldermen.

Historic Preservation Plan And Plans For Historic District.

The Heritage and Landmarks Commission shall make and adopt a plan for historic preservation within the City and nearby environs. The plan, with the accompanying maps, plats, charts, and descriptive and explanatory matter shall show the Commission's recommendations for preserving, protecting, and restoring the historical, natural, cultural, archaeological, and architectural resources of the City. The Commission may also prepare a plan, or plans, for the delineation, designation, and regulation of specific historic districts within the City, but the adoption, enforcement, and administration of such plan or plans shall conform with the provisions of this Chapter.

In the preparation of the Historic Preservation Plan, or specific plans for any historic district, the Commission shall make careful and comprehensive surveys and studies of existing historical, natural, cultural, archaeological, and architectural resources and future requirements for preserving, protecting, or restoring the same. The plan, or plans, shall be made with the general purpose of guiding and accomplishing a coordinated Historic Preservation Program within the framework of the City's Comprehensive Plan which will, in accordance with existing and future needs, best promote the general welfare of the community, as well as efficiency and economy in the process of community development.

Plan Adoption.

The Commission may adopt the plan as a whole, by a single resolution or, as the work of making the whole Historic Preservation Plan progresses, may from time to time adopt a part or parts thereof, any part to correspond generally with one (1) or more of the functional subdivisions of the subject matter of the plan. Before the adoption, amendment, or extension of the plan or portion thereof, the Commission shall hold at least one (1) public hearing thereof. Fifteen (15) days' notice of the time and place of such hearing shall be published in at least one (1) newspaper having general circulation within the City of Fredericktown. The hearing may be adjourned from time to time.

The adoption of the plan requires a majority vote of the full membership of the Heritage and Landmarks Commission. The adopting resolution shall refer expressly to the maps, descriptive matter and other matters intended by the Commission to form the whole or part of the plan and the action taken shall be recorded on the adopted plan or part thereof by the identifying signature of the secretary of the Commission and filed in the office of the Commission, identified properly by file number, and a copy of the plan or part thereof shall be certified to the Board of Aldermen and the City Clerk, and a copy shall be recorded in the office of the County Recorder of Deeds. The above procedures shall also be followed in adopting any plans or parts thereof, developed for any specific historic district.

Commission Recommendations And Powers. The Commission may make reports and recommendations relating to the Historic Preservation Plan and Historic Preservation Programs of the City to public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens. The Commission may also recommend to the executive or legislative officials of the City programs for historic preservation and the financing thereof. All public officials shall, upon request, furnish to the Commission, within a reasonable time, all available information it requires for its work. The Commission, its members and employees, in the performance of its functions, may enter upon any land to make examinations and surveys. In general, the Commission shall have the power necessary to enable it to perform its functions and promote historic preservation. The Commission shall also have all other powers and duties otherwise specified in this Chapter.

Annual Report, Budget Requirements, And Authority To Receive Funding, Grants, Gifts, Or Bequests.

Prior to September 30 of each calendar year, the Commission shall prepare an annual report and submit the same to the Mayor and Board of Aldermen. The annual report shall summarize the Commission's activities during the year and provide an account of all funds, grants, gifts, or bequests received, all expenditures made, and a summary of the status of all funds and properties managed by the Commission. The Commission may also include recommendations for programs or projects to be undertaken in the coming or future years.

Prior to September 30 of each calendar year, the Commission shall also prepare a formal budget request to be submitted with the annual report. The budget request shall detail the funds anticipated to be required for the Commissions' operations during the next succeeding calendar year and shall specifically state the total appropriation from municipal funds requested to be authorized by the Board of Aldermen as a part of the municipal budget.

In addition to annual appropriations made by the Board of Aldermen, the Commission shall have the specific authority to receive, hold and expend funds which it may legally receive from any other sources, provided that no application for a grant or loan from the Federal or State Governments shall be submitted without prior approval given by resolution of the Board of Aldermen. When authorized by the Board of Aldermen, the Commission may obligate the expenditure funds under its control for the purpose of matching or qualifying the grant from the Federal or State Governments, whether or not the same is to be spent within the then current fiscal year.

All gifts, grants, or bequests of money, stocks, bonds, trust fund receipts, endowments, annuities, or other fiscal device with direct cash income shall be placed in, or credited to, a Heritage and Landmarks Trust Fund which shall be created and maintained by the Heritage and Landmarks Commission. The Trust Fund shall be under the exclusive control of the Commission so long as the Commission shall exist and shall be used solely for the purposes of maintaining the operations and functions of the Commission and carrying out the Commission's Historic Preservation Program in accordance with the provisions of this Chapter. In the event that the Commission is abolished and the Heritage and Landmarks Ordinance repealed, the funds accrued to the heritage and Landmarks Trust Fund shall revert to the general treasury of the City to be used only for Historic Preservation Program or park recreation purposes.

In the name of the City and in order to effect the purposes of this Chapter, the Commission may, with consent of the Board of Aldermen, acquire by gift, purchase, grant, bequest, device, lease, or otherwise the fee interest, any lesser interest, development right, easement, including any scenic easement, covenant, or other contractual right, including conveyances on conditions or with limitations or reversions, in any real property within the City or within three (3) miles thereof.

The Commission shall also have the authority to accept or otherwise acquire any and all items of personal property of historical interest to the community. Such items may include, but shall not be limited to, personal letters, documents, books, manuscripts, records, photographs, maps, plats, and other similar items. All such items acquired shall be properly recorded and listed on the official Heritage Register and shall be reposited or stored in a suitable location. The Commission may reposit specific items in its possession with the Ozark Regional Library or the Madison County Historical Society, or may loan such items to the same, but all such items reposited or loaned shall remain the property of the Commission and their reposition or loan shall be properly recorded in the Heritage Register.

Section 420.040 Heritage And Landmarks Registers.

[R.O. 2013 § 420.040; Ord. No. 86-25 § 4, 12-8-1986]

Heritage Register. For the purpose of maintaining a careful and accurate record of referential entries, personal letters, documents, books, manuscripts, records, photographs, maps, plats, and other items of personal or public property donated to or acquired by the Commission, the Commission shall create and maintain a ledger or similar documental record to be known as the official Heritage Register of the City of Fredericktown. The Heritage Register shall be maintained as a public record, proper entries, by category, recording the acquisition, reposition, and disposal of all items of personal or public property, other than real property, received shall be maintained by the Commission.

Landmarks Register. For the purpose of maintaining a careful and accurate record of historic sites, structures, districts, or other features of historical, natural, cultural, archaeological, or architectural significance, the Commission shall create and maintain a ledger or similar documental record to be known as the official Landmarks Register of the City of Fredericktown. The Landmarks Register shall be maintained as a public record, with the exception that the Commission shall have the authority to restrict access to records of archaeological sites, grave sites, caves or other historical or natural features considered to be susceptible to damage, defacement, or destruction. Proper entries, by category, recording the location and character of all sites, structures, districts, or other features officially designated as landmarks pursuant to the provisions of this Chapter shall be maintained by the Commission. Such entries may include, but shall not be restricted, to, standard historic site survey forms, supplemental documentation, photographs, site maps, or legal descriptions or plats. As a supplement to the Landmarks Register, the Commission shall also prepare and maintain a map of the City and surrounding area indicating the location, by proper entry number, of all sites and features officially designated as landmarks, with the aforesaid right to restrict access to location information regarding sites and features considered sensitive to disruption. The Commission shall also maintain a separate listing of sites, structures, or features considered to have historical, cultural, or aesthetic value that are not of sufficient significance to warrant designation as landmarks.

Section 420.050 Designation Of Landmarks And Historic Districts.

[R.O. 2013 § 420.050; Ord. No. 86-25 § 5, 12-8-1986]

General Provisions.

From and after comprehensive study of the City's historical and cultural resources and adoption of an official Historic Preservation Plan historic districts plans, or parts thereof, as mandated in Section 420.030(C), of this Chapter, the Heritage and Landmarks Commission shall have the authority and responsibility to recommend to the Board of Aldermen the designation of specific landmarks or historic district, pursuant to the provisions of the following Sections.

The Heritage and Landmarks Commission shall make a preliminary report and hold at least one (1) public hearing thereon before submitting a final report recommending designation of a landmark or historic district to the Board of Aldermen. The Board of Aldermen shall hold no public hearing or take other action regarding the designation until it has received the final report of the Commission hearings, and recommendations, and subsequent actions of the Board of Aldermen, may consider the designation of more than one (1) landmark or historic district, or a combination of such, at one time.

In preparing its preliminary and final reports, the Commission shall investigate and document the significance of the sites, structures, areas, or other features to the historical and cultural development of the community. The reports shall also attempt to provide an indication of the economic status of the property or properties under consideration by providing such information as ownership, use, assessed valuation, recent real estate transactions, or other appropriate data. The reports shall also recommend boundaries to accurately delineate any proposed landmark or historic district and may recommend standards or regulations to be adopted by the Board of Aldermen in carrying out the regulatory functions authorized under Section 420.090 of this Chapter. All recommendations shall be made in accordance with the adopted Historic Preservation Plan, zoning and subdivision requirements, projected public improvements, and any existing or proposed renewal or development plans applicable to the area under consideration.

The Heritage and Landmarks Commission and the Board of Aldermen shall also have the authority to amend the designation of any landmark or historic district by following the procedure prescribed for initial designation.

Criteria For Designation Of Landmarks. The Board of Aldermen may designate any site, structure, improvement, or other physical feature, man-made or natural, as a landmark, and may amend any such designation, as herein provided upon a finding by the Heritage and Landmarks Commission that the site, structure, improvement, or other physical feature meets any of the following criteria:

The proposed landmark is potentially, or is eligible for nomination to the National Register of Historic Places, is in the process of nomination to the National Register, or has already been placed on the National Register for Historic Places.

The proposed landmark is potentially, or is, eligible for nomination to any other National Registry Listing of natural or cultural features such as the National Register of Natural Landmarks, the Historic American Buildings Survey, the Historic American Engineering Record, or for any similar register hereinafter created by the Federal Government or the National Trust for Historic Preservation, or is in the process of nomination to or is already listed on any such register.

The proposed landmark includes or is a location at which events have occurred that have made an outstanding contribution to, and are identified prominently with, or which best represent some important aspect of the natural, archaeological, cultural, political, economic, military, or social history of the City of Fredericktown, the Southeast Missouri Region, the State of Missouri, or the United States.

The proposed landmark is associated significantly with the life of a historic personage.

The proposed landmark is representative of elements of architectural, engineering, or landscape design or craftsmanship that embody distinctive characteristics of a type inherently valuable for study of a period, style, or method of construction or development; or is a notable work of an architect, engineer, designer, or builder whose work significantly influenced the development of the City of Fredericktown, the Southeast Missouri Region, the State of Missouri, or the United States.

Criteria For Designation Of Historic Districts. The Board of Aldermen may designate any area containing one (1) or more sites, structures, improvements, or other features of historical significance to the community as a historic district, and may amend any such designation, as herein provided, upon a finding by the Heritage and Landmarks Commission that the area meets any of the following criteria:

The proposed historic district contains one (1) or more features previously designated as a landmark, or eligible for such designation, and the landmark or landmarks are surrounded by, or a part of, an environs important to the preservation, protection, restoration, or enhancement of the landmark or landmarks.

The proposed historic district contains a collection of sites, structures, or other features that as a group have a distinctive or unique historical, architectural, or aesthetic totality that is worth maintaining, even though only a few may be of individual significance.

The proposed historic district contains sites, structures, or other features that have yielded, or are likely to yield, information important in pre-history or history.

Nomination, Designation, And Amendment Procedures.

Nomination of a site, structure, area, or other features for either landmark or historic district designation, amendment of any prior designation, or rescission of any prior designation may be filed by any of the following methods:

Nomination by singular resolution of either the Board of Aldermen, Heritage and Landmarks Commission, City Planning and Zoning Commission, or City Park Board.

Nomination by the owner or owners of all fee interests in the property, or their authorized agents, or by verified resolution of the Madison County Historical Society or any similar organization with a recognized interest in historic preservation.

For landmarks, nomination by verified petition of at least twenty (20) registered voters of the City. For historic districts, nomination by verified petition of at least fifty (50) registered voters of the City, or by verified application of the owners of authorized agents of at least thirty percent (30%) of the property within the proposed district as measured by the assessed valuation of such property.

Nominations or applications for amendment shall be filed with the City Clerk who shall then forward copies of the nomination forms and attachments, if any, to the Heritage and Landmarks Commission and the City Zoning Administrator. The City Clerk shall also place notice of the nomination or amendment on the agenda for the next regular meeting of the Board of Aldermen and City Planning and Zoning Commission. Nominations and applications for amendment shall be made on standard forms developed by the Heritage and Landmarks Commission.

Upon receipt of a nomination or application for amendment in good form, the Heritage and Landmarks Commission shall prepare, or cause to have prepared, the required preliminary report and establish a date for a public hearing on said nomination or amendment and preliminary report, providing for at least fifteen (15) days' notice of the time and place of such hearing in a newspaper in general circulation in the City.

If the owner or owners of all fee interests in a nominated property are not signatories to the nomination or application for amendment, the Heritage and Landmarks Commission shall notify said owner or owners that have not been signatories of the nomination or application for amendment by registered letter within thirty (30) calendar days of the filing of the nomination. Said notification shall also include the time and place set by the Commission for the public hearing on the Commission's preliminary report, allowing at least fifteen (15) days between the time of the notification and the public hearing.

Following the public hearing on the preliminary report, the Heritage and Landmarks Commission shall prepare, or cause to have prepared, a final report on the proposed nomination or amendment, specifying the characteristics of the proposal, the boundaries proposed to delineate the property or district, or delineating an existing landmark or district, and the Commission's recommendations regarding the proposal. If the Commission judges the preliminary report to be sufficient, the final report may consist of attachments to the preliminary report.

Following receipt of the Commission's final report and recommendations, the Board of Aldermen shall set a public hearing on the final report, and the proposed designation or amendment, providing for at least fifteen (15) days' notice of the time and place of said hearing in a newspaper in general circulation in the City.

Following the public hearing before the Board of Aldermen, official designation of a landmark or historic district, or amendment of a prior designation, shall be done by ordinance enacted by the Board of Aldermen. In case, however, of a protest against any proposed amendment, duly signed and acknowledged by the owners of ten percent (10%) or more, either of the areas of the land (exclusive of streets and alleys) included within the parcel affected by the amendment or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the landmark or historic district proposed to be changed, such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all the members of the Board of Aldermen. Upon designation, the City Clerk shall inform the owner or owners of all fee interests in the property designated of the designation or amendment by registered letter, and shall also provide proper notice to the Heritage and Landmarks Commission and the City Zoning Administrator. The City Clerk shall also file a notarized certificate of notification or affidavit verifying the designation or amendment with the County Recorder of Deeds to provide a proper chain of title notice of such designation or amendment.

The boundaries of all historic districts officially designated by the Board of Aldermen shall be shown upon the official Historic Districts Map of the City of Fredericktown, which shall accompany and be made a part of this Chapter. Said map and all the information shown thereon shall have the same force and effect as if all were fully set forth and described herein. The original of this map, including all subsequent amendments of said map, shall be placed on file with the City Clerk.

In establishing the boundaries to delineate any landmark or historic district, or any amendment to the boundaries of a previously designated landmark or historic district, the Heritage and Landmarks Commission shall have the authority to recommend, and the Board of Aldermen to adopt, boundaries different than those proposed in the original nomination or application for amendment. In preparing its preliminary and final reports, the Commission shall also cause the proposed boundaries to be carefully checked for legal and plat accuracy by the City Zoning Administrator or City Engineer, and ensure that the property being proposed for designation or amendment is accurately reflected by the boundary description and that the proposed boundaries do not inadvertently or unnecessarily divide properties or buildings.

10.

Where uncertainty exists with respect to the boundaries of the various districts shown on the Historic Districts Map, or the Commissions' map showing designated landmarks, the following rules shall apply:

Where a boundary line is given a position within a street alley, or non-navigable stream, it shall be deemed to be in the center of the street, alley, or stream, and if the actual location of such street, alley, or stream varies slightly from the location as shown on the Historic District Map or Landmarks Map, then the actual location shall control.

Where a boundary line is shown as being located a specific distance from a street line or other physical feature, this distance shall control.

Where boundaries are not otherwise indicated and where the property has been or may hereafter be divided into block and lots, such boundaries shall be construed to be the lot lines and where districts and landmarks are bounded approximately by lot lines, said lot lines shall be construed to be the boundary of such districts and landmarks unless said boundaries are otherwise indicated on an official map.

In unsubdivided property, unless otherwise indicated, the boundary lines shall be determined by the use of the scale contained on the official map.

Section 420.060 Landmark And Historic District Regulations.

[R.O. 2013 § 420.060; Ord. No. 86-25 § 6, 12-8-1986]

Guidelines For Rehabilitation. The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings shall be the Commission's general guide concerning landmarks and older buildings in historic districts.

General Provisions.

In conjunction with, or after, official designation of a landmark or historic district, the Heritage and Landmarks Commission shall have the authority to recommend, and the Board of Aldermen to adopt by ordinance, either as a part of, or separate from, the designation ordinance, regulations and criteria deemed necessary to ensure the preservation, protection, or enhancement of a designated landmark or historic district.

No regulation or criterion adopted pursuant to this Section shall become effective until the same procedures for application, preliminary and final reports, public notice and hearings, and notification of owners affected set forth in Section 420.050 for the designation of landmarks and historic district has been complied with.

No application for construction, reconstruction, alteration, restoration, remodeling, or demolition filed with the City Zoning Administrator/Building Inspector that will directly affect a designated landmark or to be conducted within a designated historic district shall be permitted, until the application has received a certificate of approval from the Heritage and Landmarks Commission, nor shall any person make any material change in the exterior appearance of any landmark or structure within any designated historic district without the said certificate of approval. The City Zoning Administrator/Building Inspector shall also have the authority to refer any building permit application for structures directly adjacent to any landmark or historic district to the Commission for approval when, in his/her opinion, the proposed improvements would have a significant adverse effect on the landmark or historic district.

If an application is for a permit for new construction, reconstruction, alteration, restoration, or remodeling, the Commission shall approve, modify, or disapprove the application within thirty (30) days, or by official motion, suspend action on it to allow for further investigation for a period not to exceed ninety (90) days. If after the expiration of either period the Commission has not acted, the application shall be deemed approved.

Application Review Criteria.

Upon receipt of an application for demolition, razing, or wrecking, the Commission shall make an investigation and prepare written findings as to whether or not one or more of the following criteria apply:

(1)

The building or structure is of such significance or quality that it could reasonably meet criteria for designation as a national historical or architectural landmark or as a municipal landmark.

(2)

The building or structure is of such unusual design or construction that it could not be reproduced or could be reproduced only with great difficulty and expense.

(3)

Retention of the building or structure would aid substantially in preserving or protecting a structure that meets criteria in Subsection (B)(5)(a)(1) or (2) above.

Where the Heritage and Landmarks Commission determines that one or more of the above criteria are met, the Commission shall have the authority to suspend action on the application for a period of up to six (6) months. If action is suspended, the Commission may take such steps as it deems necessary to preserve the building or structure concerned. Such steps may include, but shall not be limited to, consultation with historic preservation or civic groups, public agencies, and interested citizens, recommendations for acquisition of the subject property by public or private interests, and consideration of the feasibility of moving one or more buildings or structures involved. In the event that criterion in Subsection (B)(5)(a)(1) above applies, the Commission shall suspend action for a minimum period of sixty (60) days and immediately notify the Madison County Historical Society, the Missouri Historic Preservation Officer, and the Missouri Heritage Trust.

In considering any application for a certificate of approval, the Commission shall consider, among other things, the purpose of this Chapter, the historical and architectural value and significance of the landmark or historic district, the texture, material, and color of the building or structure in question or its appurtenant fixtures, including signs, and the relationship of such features to similar features of other buildings in the area, and the position of such building or structure in relation to streets or other public ways and to other buildings and structures. In making its decision and preparing its action on any application, the Commission shall prepare written findings of fact to support approval, modification, or disapproval and provide the same, along with its decision, to the applicant(s) and the City Zoning Administrator/Building Inspector.

It is not the intent of this Chapter to limit new construction, discourage contemporary architectural expression, or to encourage the emulation of existing buildings or structures of historic or architectural significance in detail. Harmony or incompatibility shall be evaluated in terms of appropriateness of the types of improvements and the scale, size, height, placement, and use of existing and new buildings and structures and to the setting thereof. Further, no provision of this Chapter shall be construed to prevent the ordinary maintenance or repair of any exterior elements of any building or structure.

The provisions of this Chapter shall not be construed to prevent the construction, reconstruction, alteration, or demolition of any building or structure, or part thereof, deemed necessary or ordered by the Board of Aldermen or City Building Inspector to ensure the public safety. The City Building Inspector shall be required to consult with the Heritage and Landmarks Commission prior to issuing any such order affecting a designated landmark, to ensure that all available alternatives to demolition have been considered.

No regulations or criteria set forth in this Section, or set forth elsewhere in this Chapter, shall supersede the powers of other local legislative or regulatory bodies or relieve any person of the responsibility to comply with other municipal ordinances and regulations.

Public Hearings. At the written request of any applicant for a certificate of approval under this Section, any official of a public agency, any recognized historical interest, or any citizen owning property adjoining a landmark or within a designated historic district, or on its own motion, the Commission shall hold at least one (1) public hearing on the application, providing fifteen (15) days' notice of the time and place of such hearings, at which the parties in interest may be heard.

Landmark Regulations. In addition to the aforesaid authority to enact specific regulations deemed necessary to ensure the preservation, protection or enhancement of designated landmarks, the following provisions shall apply:

With regard to applications for certificates of approval for work to be done to a designated landmark or on a landmark site, the proposed work shall not adversely affect the exterior architectural features of the landmark, nor shall the proposed work adversely affect the special character or special historical, architectural, or aesthetic interest or value of the landmark and its site, as viewed both in themselves and in their setting.

No sign, whether attached to a building or free standing, shall be erected or placed on a landmark structure or site designated under the provisions of this Chapter until the size, shape, and lighting of said sign has been approved by the Heritage and Landmarks Commission in the same manner as provided for regular improvement permits.

For publicly owned landmarks, where provisions for such are specified in the designation ordinance or by a subsequent ordinance adopted under this Section, the proposed work shall not adversely affect the major interior architectural features of the landmark.

Historic District Regulations.

All regulations designed to preserve features of historical significance within a designated historic district adopted under the provisions of this Section, whether set forth in the original designation ordinance or by subsequent ordinance, shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts. Any such regulations shall also be made in accordance with a comprehensive Historic Preservation Plan or with a specific plan developed for the historic district to which the regulations will apply.

With regard to applications for certificates of approval for work to be done to property within a designated historic district, the proposed work shall not adversely affect the exterior architectural features of the subject property or the relationship and congruity between the subject structure or feature and its neighboring structures and surroundings, including facade, setback, and height; nor shall the proposed work adversely affect the special character or special historical, architectural, or aesthetic interest or value of the district. The proposed work shall also conform to such further standards as may be established under the provisions of this Section.

No sign, whether attached to a building or freestanding, shall be erected or placed within any designated historic district until the size, shape, and lighting of said sign has been approved by the Heritage and Landmarks Commission in the same manner as provided for regular improvement permits.

Section 420.070 Approval Of Public Improvements.

[R.O. 2013 § 420.070; Ord. No. 86-25 § 7, 12-8-1986]

From and after adoption of an official Historic Preservation Plan, or any part thereof, no street or other public facility including, but not limited to, public buildings, bridges, statues, fountains, fences, or light poles, and no public utilities, whether publicly or privately owned, shall be constructed or authorized within or immediately adjacent to any designated historic district or landmark site within the City of Fredericktown until the location, extent, and character thereof has been submitted to and approved by the Heritage and Landmarks Commission. In case of disapproval, the Commission shall communicate its reasons therefor to the Board of Aldermen, and the Board of Aldermen, by vote of not less than two-thirds (2/3) of its entire membership, may overrule the disapproval and, upon the overruling, the Board of Aldermen or the appropriate Board or officer may proceed. If the public facility or utility is one of the authorization or financing of which does not fall within the province of the Board of Aldermen, then the submission to the Heritage and Landmarks Commission shall be by the Board having jurisdiction, and the Heritage and Landmarks Commission's disapproval may be overruled by that Board by a vote of not less than two-thirds (2/3) of its entire membership. The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, acquisition of land for, sale or lease of any street or other public facility is subject to similar submission and approval, and the failure to approve may be similarly overruled. The failure of the Commission to act within sixty (60) days after the date of official submission to it shall be deemed approval.

No construction, reconstruction, alteration, restoration, or remodeling of any building or other structure which is to be paid for either wholly or in part by the City, County, State, or Federal Governments shall be initiated within or immediately adjacent to any designated historic district or landmark site until the exterior design thereof has been submitted to the Heritage and Landmarks Commission for approval and recommendations. In case of disapproval, the Commission shall communicate its reasons therefor to the Board of Aldermen and the Board of Aldermen, by vote of not less than two-thirds (2/3) of its entire membership, may overrule the disapproval and allow the project to proceed.

Section 420.080 Non-Conforming Uses.

[R.O. 2013 § 420.080; Ord. No. 86-25 § 8, 12-8-1986]

The lawful use of a landmark site or structure, or property within a designated historic district existing on December 8, 1986 may be continued, even though such use does not conform with specific provisions of this Chapter, or of any regulations or amendments which may be subsequently enacted under the provisions of this Chapter.

When a landmark or a structure located within a designated historic district, the use of which does not conform to the provisions of this Chapter, is damaged by fire, explosion, act of God, or the public enemy to the extent of fifty percent (50%) of its fair market value, it may only be restored, reconstructed, repaired, or rebuilt and continued in use only after approval of an application therefor by the Heritage and Landmarks Commission, provided that nothing herein shall prevent the strengthening or restoration to safe condition of any portion of the building or structure declared unsafe, and subject to other provisions and regulations governing non-conforming uses in the City of Fredericktown.

Section 420.090 Enforcement, Applications And Permits.

[R.O. 2013 § 420.090; Ord. No. 86-25 § 9, 12-8-1986]

It shall be the duty of the Zoning Administrator/Building Inspector of the City of Fredericktown to administer and enforce the provisions of this Chapter and any amendments or additions thereto.

It shall be the duty of the Zoning Administrator/Building Inspector to coordinate all applications for building or improvement permits required under Chapter 405, Zoning Regulations, Chapter 410, Subdivision Regulations, or other ordinances of the City of Fredericktown, with the provisions of this Chapter requiring review and recommendation of permit applications by the Heritage and Landmarks Commission prior to final approval by the Board of Aldermen.

It shall be unlawful to commence or to proceed with the erection, construction, reconstruction, conversion, alteration, enlargement, extension, remodeling, restoration, moving, or demolition of any building, structure, or premises, or any part thereof, subject to the provisions of this Chapter, without first having applied in writing to the Heritage and Landmarks Commission for a permit to do so and said permit has been granted therefor.

Every application for a permit as required under this Chapter shall be in writing and delivered to the Zoning Administrator/Building Inspector and shall be accompanied by a copy of all plans, elevations, and other information necessary to determine the appropriateness of the improvements to be reviewed. On the issuance of a permit, one set of said plans and other materials shall be retained by the Zoning Administrator/Building Inspector as a permanent record.

Upon approval of an application for an improvement permit, the Heritage and Landmarks Commission shall forthwith transmit a report of its approval to the applicant and the Board of Aldermen, stating the basis upon which the application was approved and causing a certificate of approval to be attached to the application.

In case of the disapproval of any application submitted to the Heritage and Landmarks Commission, the Commission shall give the reasons therefor in a written statement to the applicant and the Board of Aldermen and make recommendations thereto in regard to the appropriateness of design, arrangement, texture, material, color and the like of the property involved. Notice of disapproval and a copy of the written statement of reasons therefor and recommendations, if any, shall be given the applicant shown on the application.

Section 420.100 Appeals.

[R.O. 2013 § 420.100; Ord. No. 86-25 § 10, 12-8-1986]

In the event of refusal of the Heritage and Landmarks Commission to issue a certificate of approval or improvement permit within the time periods established in this Chapter, appeals from such action may be taken to the Zoning Board of Adjustment in the same manner as appeals from the decisions of the Zoning Administrator.

Section 420.110 Amendments.

[R.O. 2013 § 420.110; Ord. No. 86-25 § 11, 12-8-1986]

Subject to approval and adoption by ordinance by the Board of Aldermen, the Heritage and Landmarks Commission may on its own motion or on petition amend, supplement, change, modify, or repeal the boundaries of districts and regulations herein or hereinafter established and the designation of any specific landmark or historic district.

No amendment, supplement, or change of the regulations or boundaries of districts or the designation of any landmark or historic district shall become effective until after the provisions for application, preliminary and final reports, public notice and hearings, and notification, of owners affected, set forth in Sections 420.050 and 420.060 of this Chapter have been complied with.

Section 420.120 Violations And Penalties.

[R.O. 2013 § 420.120; Ord. No. 86-25 § 12, 12-8-1986]

In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violation of the provisions of this Chapter, or of any other ordinance or regulation made under the provisions hereof, the proper local authorities of the City of Fredericktown, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. Such regulations shall be enforced by the Zoning Administrator/Building Inspector or other officer authorized to issue building permits, who is empowered to cause any building, structure, place or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of the regulations made under the authority of this Chapter.

The owner or general agent of a building or premises where a violation of any provision of this Chapter has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violations has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, 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 punishable by a fine of not less than ten dollars ($10.00) and not 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. Notwithstanding the provisions of Section 82.300, RSMo., for the second and subsequent offenses involving the same violation at the same building or premises, the punishment shall be a fine of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00) 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.

Any such person who having been served with an order to remove any such violation shall fail to comply with said order within ten (10) days after such service or shall continue to violate any provision of this Chapter in the respect named in such order shall also be subject to civil penalty of two hundred fifty dollars ($250.00).