HomeMy Public PortalAboutORD15183BILL NO. _.:..:20:...:1~3.....:::-8:..::.3 __
SPONSORED BY COUNCILMAN Scrivner -=~~=-------------
ORDINANCE NO. __ ----L..,_/ ..::.....s--__;./_~_3 ____ _
AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI, AMENDING
CHAPTERS 1, 17 AND 25 OF THE CITY CODE PERTAINING TO OLD TOWN
DISTRICT, NEIGHBORHOOD REINVESTMENT, FA<";ADE IMPROVEMENT AND THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS .
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS
FOLLOWS:
Section 1. Chapter 1 (General Provisions) Section 1-18 (Old Town District Established)
is hereby deleted .
Section 2. Chapter 17 (Licenses, Taxation and Miscellaneous Business Regulations)
Article XV (Far;ade Improvement Tax Reimbursement Program), is hereby deleted .
Section 3 . Chapter 25 (Planning and Development), Article IV (Housing Rehabilitation
Grant Guidelines) is hereby deleted and a new Article IV enacted as follows :
ARTICLE IV. POLICY AND PROCEDURE MANUAL FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
A Policy and Procedure Manual governing the terms and conditions for participation in the
Community Development Block Grant (CDBG) program shall be adopted annually by r esolution of the
Council, prior to the CDBG program year.
Section 4 . Chapter 25 (Planning and Development), Article V (Neighborhood
Redevelopment) is hereby deleted and a new Article V enacted as follows :
ARTICLE V. NEIGHBORHOOD REDEVELOPMENT
25-130. Old Town District Established.
An area is established within the corporate boundaries of the City of Jefferson to be named "Old Town
District" that includes primarily the older neighborhoods and commercial areas within the City; the specific
area is described as follows:
Beginning at the intersection of Southwest Blvd and Stadium Blvd, thence east along Stadium Blvd.,
Leslie Blvd, thence east along Leslie Blvd to Moreau Drive, thence north following Moreau Drive to
Clark Ave, thence north continuing on Clark Ave to East McCarty Street, thence east on East
McCarty to Benton Street, thence north on Benton to East High Street, thence east on East High
to Riverside Drive, thence north west following Rivers ide Drive and continuing in the same direction
to the City Limits. Thence following the City Limits and the Missouri River to a point in the Missouri
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River and along the City Limit line to a point where a line North 55° 30' 25" East from the
of Livingston Street and Booneville Road intersects the mid -point of the Missouri River. Thence
west along said line to the intersection of Livingston Street and Booneville Road. Thence south and
east following Booneville Road, Dix Road, and the Dix-Southwest Connector to Southwest Blvd,
thence south and west along Southwest Blvd to the point of beginning.
Sec. 25-131 Intent.
The purpose of the programs established in this Article are to enhance, encourage and support reinvestment
in the City's core, and to consolidate the City's incentive programs into a single Article. The Term "Parts" as
used herein after refers to the language in the original enacting ordinance pertaining to "Part xx of the Nbd
Reinvestment Act .. " including Ordinances 14296, 14774, 14507 and Ord 14773.
Sec. 25-131 through 25-140 reserved.
Sec. 25-141. Part One-Residential Tax Reimbursement Program.
A. Title and Purpose.
!.:. The title of this ordinance shall be "Part One of the City of Jefferson City Neighborhood
Reinvestment Act, the Residential Tax Reimbursement Program."
~ Its primary purpose is to improve existing neighborhoods in greatest need within the City of
Jefferson, by encouraging owner occupation of homes which have been vacant for a year or more, or
which have been used for purposes other than single family owner occupied residences. The acts
other purposes include: increasing the value of properties eligible to participate in the programs
offered by this ordinance, increasing the value of other properties in the neighborhoods where
participating properties are located; improving the residential real estate market within the City of
Jefferson; and providing housing opportunities for young families, retired citizens and people of
modest means .
B. Definitions.
!.:. The term "Eligible Real Estate" as used in this ordinance shall be defined to mean real estate situated
entirely within the corporate limits of the City and which meets all of the following qualifications:
!!:. The residential structure is located on the real property built before December 31, 1950;
b. The real property was purchased from a third party in a good faith, arms-length transaction
after December 31, 2006;
£:. The residential structure on the r eal property is occupied by the owner as the owners primary
residence after December 31, 2006 and the owner makes application for any reimbursement
authorized under this ordinance within thirty (30) calendar days following the end of the
calendar year during which th e property was purchased;
d. The residential structure on the real property is occupied by no more than "a single family " as
that term is defined in Chapter 35 of the City Code;
~ The residential s tructure on the real property has either been vacant or used for so me other
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Bill 2013-83 -Page 2
purpose other than an exclusively owner-occupied single family residence during the twelve
months preceding the date of purchase;
£. The real property including the residential structure has a fair market value of $50,000.00 or
more at the time of purchase.
~ The term "Eligible Real Estate Taxes", as used in this ordinance shall mean all property tax paid on
real property for a parcel of Eligible Real Estate, imposed or collected by the City of Jefferson, Cole
County, Jefferson City Public Schools, or any other taxing authority but shall not include taxes
which became delinquent before being paid.
J.:. The term residential structure shall include;
~ A portion of a non-residential structure which is solely used for res idential purpos es and which
has toilet facilities as well as ingress/egress which are separate from the non-residential use; or
b. A residential unit of a condominium building, even if such building includ es no n-residential
units.
C. Upon receipt of a property application and certification by the Director of Finance of eligibility, the
Director of Finance shall pay the owner of a parcel of Eligible Real Estate an amount equal to all Eligible
Real Estate Taxes paid by the owner on such Eligible Real Estate for the previous tax year.
!.: The Director of Finance shall establish procedures for certifying properties eligible fo r tax
reimbursement under this Section, including procedures for establis hing the period of vacancy o r
prior use of any property being considered for participation in programs under this Act.
2. The Director of Finance may conditionally certify properties eligible for tax r eimbursement unde r
this Section in advance of a prospective owner purchasing the property.
3. The owner(s) may receive reimbursement for no more than five (5) tax years and no mo re than Two
Thousand and no/100 dollars ($2,000.00) for any one tax year.
D. Dates relevant to this ordinance.
!.: The effective date of this ordinance shall be the day that it is passed;
2. The real estate tax reimbursement authorized by this ordinance s hall apply with respect to Eligible
Real Estate Taxes assessed in years 2007 and thereafter;
J.:. The first year an owner may be eligible for real estate tax reimbursement authorized by this
ordinance shall be either the year in which the owner purchases and occupies the property a s the
owners primary residence, or the following year, at the owners election;
4. For purposes of this ordinance, real estate shall be deemed to have been purchased on the date title
was conveyed to the buyer from the seller, and
~ This ordinance shall apply only to property purchased after December 31,2006.
E. Conditions of eligibility.
!.: An owner may be an individual holding title as sole owner, a joint tenancy, t enancy by entire ties,
tenants in common, or a trust, provided the primary beneficiaries of the trust and all other members
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Bill 2013-83 -Page 3
of other forms of tenancy or ownership occupy the property as a primary residence;
2. Evidence of an owners primary residency shall be established as the residence shown on an
individual's federal tax return;
~ An owner must continue to occupy the property for the full five years during which the taxes are
abated, unless one or more owners occupying the property shall die or become confined to a long-
term residential health care facility before the end of the five year period;
~ The maximum annual tax reimbursement to which an owner shall be entitled is $2,000.00
~ No more than ten (10) parcels of real estate shall be accepted and certified during any one calendar
year as Eligible Real Estate.
F. Recapture. As a further condition to participating in the program authorized by this ordinance, the
owner of the real estate shall agree to permit the City to rec a pture the full amount of any tax
reimbursements made under this ordinance if the owner ceases occupying the property as the owner's
primary residence within five years of the date when the owner first becomes eligible to participate in the
program. The owner shall further agree to permit the City to assert the full amount of the reimbursed
taxes as a lien on the real estate.
Sec. 25-142. Part Two-Residential Down payment Incentive.
A. Title and Purpose.
1. The title of this ordinance shall be "Part Two of the City of Jefferson City Neighborhood
Reinvestment Act-Residential Down payment Incentive
b Its primary purpose is to improve ex isting neighborhoods in greatest need within the C ity of
Jefferson, by encouraging owner occupation of homes which have been vacant for a year or more, or
which have been used for purposes other than single family owner occupied residences. The Acts
other purposes include: increasing the value of properties eligible to participa te in the programs
offered by this ordinance, and increasing the value of other pro perties in the neighborhoods where
participating properties are located; improving the residential areas estate market within the City of
Jefferson; and providing housing opportunities for young families, retired citizens, and people of
modest incomes.
B. Definitions.
1. The term "Eligible Real Estate" as used in this ordinance shall be defined to mean real property
situated entirely within the Old Town District of the City and which meets a ll of the following
qualifications;
a. Includes one residential structure completed in 1950 or before;
b. Is being purchased by a third party in a good faith, arms-length transaction after the effective
date of this ordinance;
~ Is being acquired by the owner as the owner's primary residence after the effective date of this
ordinance and such owner has not previou sly owned and occupied a residential structure as a
primary residence within the Old Town District for three (3) years prior to the proposed
acquisition;
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Bill 2013-83 -Page 4
d. Is to be occupied by no more than a single family as that term is defined in Chapter 25 of the
City Code;
!h Shall have been either vacant or used for some purpose other than an exclusively owner occupied
single family residence during the twelve (12) months preceding the date on purchase and;
L Have a fair market value of $40,000.00 or more at the time of purchase.
b. The term "Residential Structure" shall include:
.!:, A portion of a non-residential structure which is solely used for residential purposes and which
has toilet facilities as well as ingress/egress which are separate from the non-residential use; or
b. A residential unit of a condominium building, even if such building includes non-residential
units.
C. Upon the receipt of a proper application, and certification by the Director of Finance of eligibility, the
Director of Finance shall pay to the owner of a parcel of Eligible Real Estate up to the amount of
$5,000.00 to be applied to the down payment for purchase of the Eligible Real Estate .
.h The Director of Finance shall establish the procedure for certifying properties eligible for down
payment assistance under this Section, including the procedures for establishing the period of
vacancy or prior use of any property being considered for participation in programs under this Act.
b. The Director of Finance may conditionally certify properties eligible for down payment assistance
under this Section in advance of a prospective owner purchasing the Eligible Real Estate.
J:. The owner or owners may receive an incentive of no more than Five Thousand and no/100 Dollars
($5,000.00). The amount provided will be determined based on the owners' cash contribution
towards purchase at closing.
D. Dates relevant to this ordinance are:
.h The effective date of this ordinance shall be the date it is passed,
b. The real estate incentive offered by this ordinance shall be available on a "first-come, first-serve"
bas is after the effective date of this ordinance as long as funds are available.
E. Conditions of eligibility shall also include the following;
.h An owner may be an individual holding title as sole owner, a joint tenancy, tenancy by the entireties,
tenants in common, or a trust, provided the primary beneficiaries of the trust and all members of
other forms of tenancy or ownership occupy the Eligible Real Estate as a primary residence;
2. Evidence that Eligible Real Estate is the primary residence of the owners shall be determined by the
Director of Finance in his sole and absolute discretion;
J:. An owner must continue to occupy the Eligible Real Estate for the full five years following its
purchase unless one or more owners occupying the property shall die or become confined to a lo ng-
term residential health care facility before the end of the five year period;
4. The total number of properties which can participate in the program authorized by this ordinance
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shall be limited by the availability of funds and preference will be given to first-time home-buyers
~ The maximum down payment assistance to which any owner shall be entitled is $5000.00
F. Recapture. As a further condition to participating in the program authorized by this ordinance, an
owner of Eligible Real Estate, by accepting the down payment assistance, shall be conclusively deemed to
agree that: (i) the City may recapture the full amount of incentive made under this ordinance if the
owner ceases occupying the Eligible Real Estate as the owners primary residence within five years of the
date when the owner receives the down payment assistance; and (ii) the City may assess, impose, and levy
the full amount of the down payment incentive as a lien upon the Eligible Real Estate.
Section 25-143 Part Three-Commercial Facade Tax Reimbursement Program.
A. Title and Purpose.
1. Title. The title of this ordinance shall be "Part Three of the City of Jefferson City Neighborhood
Reinvestment Act-Commercial Facade Tax Reimbursement Program.
b. Purpose. The main objective of this Article is to enhance the aesthetics of the City by improving the
facades of older commercial buildings in Jefferson City so that after completion of work, citizens will
recognize improvement in the appearance of the buildings. A secondary objective is to promote
mixed use (residentiaVcommercial) in the older commercial areas of the city.
B. Eligibility. To be eligible for this Program, properties eligible must meet the following criteria:
1. The property must be in a commercial zone and the building to be improved must be used, at the
time the application is made, for a purpose which would require a commercial zone (hereinafter
referred to as "commercial use");
b. The structure must have been constructed before 1951;
J.:. The property must have a fair market value of $70,000 or more at the time the application for
improvements is approved;
~ The property, and its owner or owners, must not be delinquent in payment of any State, County, or
City taxes;
~ Property must remain in commercial use over the reimbursement period and must re-qualify
annually.
2: Exterior improvements must be significant, exceeding $10,000, and be completed prior to
reimbursement eligibility.
7. Exterior improvement projects must meet appearance guidelines to be approved for tax
reimbursement. The City Administrator, in consultation with the Historic Preservation Commission
and the Environmental Quality Commission shall publish specific guidelines, which shall provide, at
a minimum, that the improvements be:
~ Consistent with the appearance of the building as originally constructed;
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b. Consistent with the appearance of other buildings in the vicinity as originally constructed in
Jefferson City at the same time or prior to 1951;
~ Consistent with the present appearance of other buildings on the same block which were
constructed at approximately the same time.
~ Any work done prior to approval of Facade Improvement Application is not eligible.
2:. Eligible improvements include:
a. Facade removal;
b. Brick or wall surface cleaning;
~ Patching and painting of facade walls;
d . Canopy, porch, awning installation/repair;
~ Window and/or door replacement/repair;
f: Mortar joint repair;
~ Railings, ironwork repair or addition;
h. Cornice repair or replacement;
h ReplacemenUrepair to exterior steps.
10. Plans for building/facade improvements must be approved by the Facade Improvement Committee,
which is hereby created. The Committee shall consist of five (5) registered voters of the City
appointed by the Mayor with the advice and consent of the Council. Committee members shall serve
two year terms. The Committee may approve a va riance to the age and market value requirements if
the building at issue is abutted by one or more buildings constructed before 1951 and the building is
determined by the Director of Planning and Protective Se rvices to be structurally sound .
.!.L The total number of active properties which can participate in this program shall not exceed twenty-
five (25). (Ord. No. 14731 , §I, 10-18-2010).
12. A property may be eligible for the Tax Reimbursement Program one time only.
13. Properties shall only be eligible to the extent that funds are available and appropriated for th is
purpose by the Council.
14. Total annual reimburse ment may not exceed the property taxes assessed or Thousand Dollars
($3,000.00), whichever is less.
15. Eligible owners may receive reimbursement for not more than three years sta rting January I, 2006.
Eligibility must be certified each year.
16. If the upper floors of the building are also in use as residential living space after completion of the
facade improvements, the owner may apply for and receive tax reimbursement for an additional 2
years. To be eligible for the 2 additional years of tax reimbursement, the living space must:
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!h be inspected by city code inspection and certified as meeting basic livability housing
standards.
b. be occupied for at least 9 months each year of the reimbursement.
!L the upper floors of the building are also occupied for some use other than a residential living space,
the owner may apply to the Facade Improvement Committee to receive up to 2 additional years of
tax reimbursement which shall be granted provided that the applicant meets the following
requirements set forth herein.
!h For a property to be eligible for the 2 additional years of tax reimbursement, the Committee
must find:
i. That the second floor of the property is being occupied for an active commercial use as a
retail or office space; and
ii. the use of the second floor of the property attracts workers or patrons to the commercial
area in addition to those using the first floor of the property; and
iii. the second floor has been inspected by a city code inspector and certified as meeting all codes
applicable to the use.
b. To qualify as an "active commercial use" the second floor must be used for retail purposes,
professional offices, financial services, entertainment, religious services, or food or beverage
sales. The term "active commercial use" does not include storage of items used in conjunction
with another business or residence on or off of the premises. The term "second floor" shall not
include any floor which is at or below grade at any point.
Sec. 25-144. Part Four-Adaptive Reuse Incentives.
A.
.b
~
B.
.b
Title and Purpose.
The title of this ordinance shall be "Part Four of the City of Jefferson City Neighborhood
Reinvestment Act: Adaptive Reuse Incentives"
The purpose of this section is to bring vacant buildings which have outlived their original
purpose back into productive commercial use while retaining their historic features.
Definitions.
The term "Eligible Project" as used in this ordinance shall be defined to mean real estate situated
entirely within the corporate limits of the City and which meets all of the following qualifications:
a. The residential structure is located on the real property built before December 31, 1950; and
b. The primary structure on the real property is vacant, and has been continuously vacant for
a period of at least 120 days; and
£:. The property is included in one of the following plans and the proposed use of the property
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in compliance with such plan:
d. I list plans here!
~ The real property including the structure has a fair market value of $50,000.00 or more.
b. The term "Eligible Real Estate Taxes", as used in this ordinance, shall mean all property tax
which has been paid on the real property for a parcel of an Eligible Project, imposed or collected by
the City of Jefferson, Cole County, Jefferson City Public Schools, or any other taxing authority but
shall not include taxes which became delinquent before being paid.
~ "Owner" or "Owners" may be an individual holding title as sole owner, a joint tenancy,
tenancy by the entireties, tenants in common, or a trust.
~ The term "occupied" as used in this section shall mean that the property is being used for
the purpose or purposes as set forth in the original application of the owner.
C. Eligibility. To be eligible to participate in the program, the owners of the property must:
D.
L Successfully complete the "Call Before You Start" program as proscribed by the City
b.
3.
4.
L
b.
Administrator prior to commencing construction, and;
Have committed to spending no less than $10,000 for rehabilitation of the property, and;
Be ineligible for participation in any other City incentive program, and;
Not have any delinquent taxes or other fees due to the City.
Construction.
All construction and or remodeling shall be done in compliance with City Codes.
All construction and/or remodeling shall preserve or restore, to the maximum extent
practicable, the historic appearance of the exterior of the building.
E. Property to be Occupied. The property shall be continuously occupied during the tax abatement
period. In the event that the property is not occupied continuously, the tax refund provided herein shall
be pro-rated.
F. Tax Refund. Upon receipt of a property application and certification by the Director of Planning
and Protective Services that the project and the owners have met all eligibility requirements, the Director
of Finance shall pay the owners of the Eligible Project an amount equal to all property taxes paid on the
property for the previous tax year. The owner(s) may receive reimbursement for no more than two (2)
tax years and no more than Two Thousand and no/100 dollars ($2,000.00) for any one tax year.
G. Administration. The Director of Planning and Protective Services shall establish procedures for
certifying properties eligible for tax reimbursement under this Section, including procedures for
establishing the period of vacancy or prior use of any property being considered for participation in
programs under this Act. The Director of Planning and Protective Services may conditionally certify
properties eligible for tax reimbursement under this Section in advance of a prospective owner
purchasing the property.
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Bill 2013-83-Page 9
H. No more than ten (10) parcels of real estate shall be accepted and certified during any one calendar
year Eligible Real Estate.
1 Recapture. As a further condition to participating in the program authorized by this ordinance, the
owner of real estate s hall agree to permit the City to recapture the full amount of any tax
reimbursements made under this ordinance if the property ceases to be occupied within fi ve years of the
date when the owner first becomes eligible to participate in the program. The owner shall further agree
to permit the City to assert the full amount of the re imbursement taxes as a lien on the real estate.
(Ord . 14 782, §I , 4-4-2011 ; Ord. No. 14829, §14, 8-1-2011)
Section 4 . This Ordinance shall be in full force and effect from and after the
date of its passage and approval
Passed : (/jt( J. /J Approved :_--+-J~~,r.p::-...:..../.....L£....:::0=---
Mayor ~---
ATTEST: APPROVED AS TO FORM :
City Clerk City Counselor
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