[R.O. 2013 § 420.010; Ord. No.
86-25 § 1, 12-8-1986]
A.
This Chapter shall be known as and may be cited and referred
to as the Heritage and Landmarks Ordinance of the City of Fredericktown,
Missouri.
B.
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:
1.
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;
2.
To safeguard the City's historical, natural,
cultural, archaeological, and architectural heritage, as embodied
and reflected in such landmarks and districts;
3.
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;
4.
To foster economic development, especially in
regard to the stimulation of tourism; and,
5.
To promote the use of landmarks and historic districts
for the education, welfare, and pleasure of the residents of the City
of Fredericktown.
C.
It is further declared that the purposes of this Chapter
are:
2.
With respect to properties in designated historic
districts:
a.
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;
b.
To assure that alterations of existing structures
are compatible with the character of the historic district; and
c.
To assure that new construction and subdivisions
are compatible with the character of the historic district.
[R.O. 2013 § 420.020; Ord. No.
86-25 § 2, 12-8-1986]
A.
ALTERATION
AREA
BOARD OF ALDERMEN
COMMISSIONERS
CONSTRUCTION
CULTURAL RESOURCES
DEMOLITION
DESIGN GUIDELINE
EXTERIOR ARCHITECTURAL APPEARANCE
HERITAGE AND LANDMARKS COMMISSION
HERITAGE AND LANDMARKS TRUST FUND
HERITAGE REGISTER
HISTORIC DISTRICT
LANDMARK
LANDMARKS REGISTER
ORDINARY MAINTENANCE
OWNER OF RECORD
PLANNING COMMISSION
REMOVAL
REPAIR
SITE
STRUCTURE
ZONING ADMINISTRATOR
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.
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.
A specific geographical division of the City of Fredericktown.
The Board of Aldermen of the City of Fredericktown.
Members of the Fredericktown Heritage and Landmarks Commission.
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, 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.
Any act or process that destroys in part or in whole a landmark
or structure within a historic district.
A standard of appropriate activity that will preserve the
historic and architectural character of a structure or area.
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.
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.
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.
The official register of referential entries, letters, documents,
books, manuscripts, records, photographs, maps, plats, and similar
items of importance in the City's history.
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.
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.
The official register of historic sites, structures, districts,
or other features designated as landmarks pursuant to the provisions
of this Chapter.
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.
The person, corporation, or other legal entity listed as
owner on the records of the County Recorder of Deeds.
The Planning Commission of the City of Fredericktown.
A relocation of a structure on its site or to another site.
Any change that is not construction, removal or alteration.
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.
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.
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.
[R.O. 2013 § 420.030; Ord. No.
86-25 § 3, 12-8-1986]
A.
Establishment, Membership, Appointment, Terms, Vacancy,
And Removal.
1.
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.
2.
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.
B.
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.
C.
Historic Preservation Plan And Plans For Historic District.
1.
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.
2.
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.
D.
Plan Adoption.
1.
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.
2.
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.
E.
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.
F.
Annual Report, Budget Requirements, And Authority To Receive
Funding, Grants, Gifts, Or Bequests.
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
[R.O. 2013 § 420.040; Ord. No.
86-25 § 4, 12-8-1986]
A.
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.
B.
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.
[R.O. 2013 § 420.050; Ord. No.
86-25 § 5, 12-8-1986]
A.
General Provisions.
1.
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.
2.
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.
3.
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.
4.
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.
B.
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:
1.
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.
2.
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.
3.
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.
4.
The proposed landmark is associated significantly
with the life of a historic personage.
5.
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.
C.
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:
1.
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.
2.
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.
3.
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.
D.
Nomination, Designation, And Amendment Procedures.
1.
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:
a.
Nomination by singular resolution of either the
Board of Aldermen, Heritage and Landmarks Commission, City Planning
and Zoning Commission, or City Park Board.
b.
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.
c.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
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.
8.
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.
9.
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:
a.
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.
b.
Where a boundary line is shown as being located
a specific distance from a street line or other physical feature,
this distance shall control.
c.
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.
d.
In unsubdivided property, unless otherwise indicated,
the boundary lines shall be determined by the use of the scale contained
on the official map.
[R.O. 2013 § 420.060; Ord. No.
86-25 § 6, 12-8-1986]
A.
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.
B.
General Provisions.
1.
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.
2.
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.
3.
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.
4.
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.
5.
Application Review Criteria.
a.
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.
b.
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.
6.
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.
7.
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.
8.
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.
9.
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.
C.
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.
D.
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:
1.
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.
2.
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.
3.
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.
E.
Historic District Regulations.
1.
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.
2.
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.
3.
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.
[R.O. 2013 § 420.070; Ord. No.
86-25 § 7, 12-8-1986]
A.
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.
B.
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.
[R.O. 2013 § 420.080; Ord. No.
86-25 § 8, 12-8-1986]
A.
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.
B.
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.
[R.O. 2013 § 420.090; Ord. No.
86-25 § 9, 12-8-1986]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
[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.
[R.O. 2013 § 420.110; Ord. No.
86-25 § 11, 12-8-1986]
A.
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.
B.
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.
[R.O. 2013 § 420.120; Ord. No.
86-25 § 12, 12-8-1986]
A.
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.
B.
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.
C.
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).