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HomeMy Public PortalAbout2016-04-19 packet Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Please call 573-634-6410 for information regarding agenda items NOTICE OF SPECIAL MEETING AND TENTATIVE AGENDAi City of Jefferson Historic Preservation Commission Tuesday, April 19, 2016 ~ 6:00 p.m. John G. Christy Municipal Building, 320 East McCarty Street Boon/Bancroft Conference Room TENTATIVE AGENDA 1. Call to Order and Roll Call 2. Approval of Agenda (as printed or amended) 3. Approval of Minutes for the March 8, 2016 Regular Meeting 4. New Business 5. Old Business a. Gregory Stockard Award b. Proposed Demolition Ordinance 6. Dates to Remember a. Next Meeting, Tuesday, May 10, 2016 b. Certified Local Government Forum, Friday, May 13, 2016 c. Heritage Day Celebration, Tuesday, May 17, 2016 7. Adjournment City of Jefferson Historic Preservation Commission Minutes Tuesday, March 8, 2016 Boone/Bancroft Conference Room – John G. Christy Municipal Building 320 E. McCarty Street Commission Members Present Attendance Record Art Hernandez 3 of 3 Jane Moore 3 of 3 Mary Schantz 3 of 3 Bill Case 3 of 3 Sarah Hoeller 2 of 3 Kevin Kelly 2 of 3 Terri Rademan 3 of 3 Doug Record 3 of 3 Commission Members Absent Brent Hemphill 1 of 3 Council Liaison Present Laura Ward Staff Present Jayme Abbott, Neighborhood Services Coordinator Guests Tammy Boeschen, Historic City of Jefferson Chris Hackman, Property Owner Representative Call to Order: Chair Art Hernandez called the meeting to order at 6:00 pm. Approval of Agenda: Bill Case moved the agenda be approved as printed. Jane Moore seconded the motion. Motion carried. Approval of Minutes: Terri Rademan moved the minutes be approved. Jane Moore seconded the motion. Motion carried. Demolition Applications a. 603 Madison – Jayme Abbott presented the application stating that the property owner representative was present. Mr. Chris Hackman discussed the application with the Commission. The home was built in 1935 and is currently owned by Central Dairy. They plan to expand the existing parking lot onto this property when the house is down. The back of the house is in bad repair and in the owners opinion is cost prohibitive to repair. The owner has arranged that most of the interior fixtures, doors, some windows, bathroom fixtures, etc. have been or will be taken by various people for rehabbing and repurposing. There is a garage on the property that is a shared structure with the neighboring property. The garage is in very bad repair but is not part of the application. Central Dairy is working with the other owner to determine the fate of the garage. Bill Case moved that there will be no historic properties affected by the demolition and the demolition will have no adverse effect and that the permit be approved by the Commission. Terri Rademan seconded the motion. Motion carried. New Business a. Landmark Designation Applications: Jayme suggested that the Commission review all applications and then make decisions on each one. Mary Schantz asked if there was any limit to the number of Landmark designations that the Commission could make at one time. Jayme said that this has been discussed in the past, but there is not limit. I. 201 E High – This building is one of the oldest in Jefferson City. The lot was purchased in 1825 for $125. Over the years the structure has been a home, a mercantile, a doctor’s office, a saloon and gambling house, an office for lawyers, tailors, carpenters and photographers. More recent years it was a clothing store, a drug store and home of Mavrakos Candy Company. Mary Schantz moved that 201 E. High be awarded the Landmark Designation. Bill Case seconded the motion. Motion carried. II. 722 E. Capitol – Historically known as the Deputy Warden’s House, this property was built by prison labor and was owned by the state of Missouri for use by the family of the Deputy Warden at the prison. Bill Case moved that 201 E. Capitol be awarded the Landmark Designation. Doug Record seconded the motion carried with one opposing vote cast by Art Hernandez. III. 701-703 Jefferson Street – Historically known as the Farmers Home, this structure embodies the essence of the Munichburg community. The structure has been used as a neighborhood restaurant, bar, a place of lodging for area farmers coming to town to sell and trade. The structure has gone through many additions and remodeling efforts over the years but has always been a center point for the neighborhood and the German community and residents. During prohibition the basement was used to sell moonshine and home brew brought in from local farmers to sell. In recent years the structure has been the home to ECCO Lounge, originally opening in 1945 for the Earl Childers Construction Company (ECCO). The structure has a historical significance to Munichburg, Jefferson City and the surrounding community as well as a strong German heritage. Mary Schantz moved that 701-703 Jefferson Street be awarded the Landmark Designation. Sarah Hoeller seconded the motion. Motion carried. b. Gregory Stockard Award – Jayme reviewed the history and criteria for this award. She asked members to think about who might qualify for the award this year and to bring the nomination to the next meeting of the Historic Preservation Commission. Old Business a. Review of Historic City of Jefferson Proposed Demolition Ordinance The following changes were discussed by the Commission (not necessarily in this order): 8-32 A 1. Mary Schantz moved that in the first line, after the word “buildings” the words “and or structures” be added and further that in the third line the word “of” be changed to “located in”. Jane Moore seconded the motion. Motion carried. 8-32 A 1 a. Art Hernandez moved that the section be added “For the purpose of this ordinance, the term structure may include but shall not be limited to any building, structure, landmark, or humanly constructed object”. The motion was seconded by Kevin Kelly. Motion carried. Art moved and Doug seconded a motion directing staff to change all references to building to structure thought out the document. Motion carried. 8-32 B. Art Hernandez moved that the words “For the purposes of this section” be added to the beginning of the second sentence and the words “intentional or willful” be added immediately before the word “failure” in the last sentence of that section. Further that this motion is subject to review by the City of Jefferson legal counsel. Terri Rademan seconded the motion. Motion carried. 8-32 C. Art pointed out a drafting error. There is a reference to “paragraph D” but there is no longer a paragraph and the reference needs to be “C 1 b”. 8-32 C 1 a. Mary Schantz moved that the word “permission” in the first sentence be changed to “permit”. Jane Moore seconded the motion. Motion carried. 8-32 2. Mary Schantz moved that the words “For purposes of this section, conditions should be related to the preservation of historical components of the structure(s)”. Jane Moore seconded the motion. Motion carried. 8-32 2 b. Jane Moore moved that the words “on three (3) consecutive Sundays” be changed to “one time publication of notice in Sunday newspaper”. Bill Case seconded the motion. Motion carried. 8-47 Art Hernandez moved that the definition of demolition “an act or process which destroys, in part or in whole, a structure or which threatens to destroy a structure by intentional or willful failure to maintain it in a condition of good repair and maintenance.” be added to the definition section of Article III. Jane Moore seconded the motion. Motion carried. Dates to Remember: a. Next Regular Meeting – Chairman Hernandez asked the Commissioners if changing the meeting day from Tuesday to Monday for the next two months would be acceptable as he has a class to teach on Tuesday nights this quarter. The Commissioners agreed. The next regular meeting will be held on Monday, April 11 at 6:00 and the May meeting will be held on Monday, May 9th at 6:00 pm. a. CLG Forum, Friday, May 13, 2016. This all day meeting begins at 9:00 am. If any of the Commissioners are interested in attending they need to contact Jayme for details. b. Heritage Day Celebration, Tuesday, May 17, 2016. Bill Case has volunteered to be a judge of the artwork. Adjournment: Bill Case moved the meeting adjourn. Kevin Kelly seconded. Motion carried. Meeting adjourned at 8:10 p.m. 4/1/2016 Gregory Stockar d Distinguished Ser vice Awar d http://www.jeffer soncitym o.gov/live_play/histor y_her itage/gr egory_stockar d_service_awar d.php 1/1 Gregory Stockard Distinguished Service Award In 2004, the City of Jefferson Historic Preser vation Commission created the Gregory Stockard Distinguished Service Award to be presented annually to individuals who have shown distinguished community service in pr eservation efforts. T he award was established in posthumous honor of Gregory Stockard who served as president of the Historic City of Jefferson from  1998 to 2003 and was devoted to Histor ic Preservation causes in Jefferson City.   Past Award Recip ien ts 2015 Catherine C. Bordner  2014 Michelle Brooks  Nicholas M. Monaco  2013 Michel & Donna Deetz   Darryl & Connie Hubble  2012 Bob Priddy   Steve Veile 2011 Richard & MaryAnn Caplinger 2010 Walter Schroeder 2009 Dottie Dallmeyer  2008 Mary Ann Hall  2007 Carol Blaney 2006 Mark Schreiber 2005 Elizabeth Rozier 2004 Gary R. Kremer Rev. 6/04-2014 821 ARTICLE III. DEMOLITION OR REMOVAL OF BUILDINGS Sec. 8-32. Permit to demolish. A. Purpose 1. The Purpose of this Article is to provide a mechanism for the safe demolition of structures and to enforce long-term planning and other mechanisms for the protection of the landmarks and structures located within the City of Jefferson which represent important elements of the city’s cultural, social, economic, political and architectural history. a. For the purpose of this ordinance, the term structure may include but shall not be limited to any building, structure, landmark, or humanly constructed object. B. A. Permit Required. It shall be unlawful to demolish or remove without first filing an application with the Director of Planning and Protective Services or his or her designee in writing and obtaining a demolition permit from the Director of Planning and Protective Services in writing. For purposes of this section demolition shall be construed to include an act or process which destroys, in part or in whole, a structure or which threatens to destroy a structure by intentional failure to maintain it in a condition of good repair and maintenance. C. Review Process. A permit to demolish or remove shall not be issued until a release is obtained from the utilities having service connections with the building structure. The release shall state that service connections and appurtenant equipment, such as meters and regulators, have been removed or sealed and plugged in a safe manner. Any application for demolition or removal shall be subject to a sixty (60) day review period by the CJHPC, except any application made to demolish or remove any building, structure or humanly constructed object built less than fifty (50) years prior to the date of application, which shall have been determined to have no historic or architectural significance by the Department of Planning and Protective Services under the criteria set out in paragraph D C1(b). Any recommendation by the CJHPC shall be advisory only. Nothing in this section shall be construed so as to prohibit the building commissioner official from acting under any emergency provisions of Chapter 8 of the Code of the City of Jefferson, Missouri. (Ord. No. 12941, §1, 6-21-99; Ord. No. 13106, §1, 9-5-2000) D. Review Process. 1. Department. All applications for permission to demolish a building or structure shall be made to the Department of Planning and Protective Services. For a ny structure that is fifty (50) years old or older, the application must contain the following: 1) photographs, either in hard copy or as digital files, of all exterior sides, interior rooms, and stairwells, taken within the last ninety (90) days; and 2) a statement from the owner addressing why the property cannot be rehabilitated or restored with a reasonable economic return to the owner. After examining an application and finding that it is in proper form, contains all necessary information, and complies with all applicable provisions of city ordinances, the department shall forward a copy of the application to CJHPC. (Ord. No. 15184, §1, 10-21-2013. 2. CJHPC. The CJHPC may have a sixty (60) day period for review of every application for a demolition permit subject to this section. The CJHPC shall es tablish procedures to expedite the review of applications for permits to demolish structures. (Ord. No. 12941, §2, 6-21-99) Rev. 3/31/2009 822 C. Standards of Review for a Permit to Demolish. 1. Department of Planning and Protective Services a. All applications for permit to demolish a building shall be made to the Department of Planning and Protective Services. Applications shall be deemed complete once certified by Director of Planning and Protective Services. Subject to all other provisions of law, the Department shall have the authority immediately to issue a permit to demolish a building unless the application calls for the complete demolition or removal of a building that is fifty (50) years old or older and owned by the City of Jeffe rson or any private person or business entity. b. No other ordinance withstanding, for the Complete Demolition or Removal of all Buildings Fifty (50) Years Old or Older owned by the City of Jefferson or any private person or business entity: The application must contain the following: i) photographs, either in hard copy or as digital files, of the building and all exterior sides, interior rooms, and stairwells, taken within the last ninety (90) days of the building proposed to be demolished; however, Director may determine photographs could not submitted due to safety reason based on written statement by property owner. ii) a statement of the intended future use of the property; and iii) a statement with reasons in support of the application for demolition, including an analysis of the costs and hardship of repairing and/or restoring and maintaining the property without demolition; the appraised and property values determined from public records unless alternate information is provided by the owner . The Department of Planning and Protective Services, after determining that the application is complete and in proper form, shall refer any application to demolish a building which is fifty (50) years old or older which is owned by the City of Jefferson or any private person or business entity to the City of Jefferson Historic Preservation Commission (CJHPC). c. Agenda Notice. Notice of all demolition applications shall be posted at least 10 business days prior to City of Jefferson Historic Preservation Commission meeting. 2. City of Jefferson Historic Preservation Commission a. The CJHPC shall have sixty (60) days from receipt of the application by the CJHPC to review an application for the complete demolition or removal of a building fifty (50) years or older owned by the City of Jefferson or any private person or business entity. In the event that the application to completely demolish or remove the building has not been denied or granted with conditions within sixty (60) days of receipt, the application shall be deemed granted. i. For purpose of this section, conditions should be related to the preservation of historical components of the structure(s). b. Upon receipt of the application to completely demolish or remove the building, the Department of Planning and Protective Services shall immediately publish notice of the application by i) posting a notice prominently and in public view on the property; and ii) one time publication of notice in Sunday newspaper; and iii) mailing the notice by regular first class mail to all property owners within 185 feet exclusive of right of way; and iv) electronically mailing the notice to all persons on a registry of persons who shall have requested notice of demolition referred to CJHPC. The notice shall invite written comments from any interested person and shall state the address to which such comments may be mailed, state the deadline for the receipt of comments, which shall be the first business day following the last Sunday on which the newspaper notice is filed, and state that only the applicant and persons who have filed comments will receive notice of the decision of the City of Jefferson Historic Preservation Commission. Rev. 6/04-2014 823 c. The Department of Planning and Protective Services shall establish and maintain an electronic registry of all persons requesting notice of any application to completely demolish or remove a building fifty (50) years old or older which comes before the CJHPC. d. The City of Jefferson Historic Preservation Commission shall either recommend to grant the application, or recommend to grant the application with conditions, or recommend to deny the application during meetings. e. The Department of Planning and Protective Services shall immediately mail notice of its decision by certified mail, return receipt, to the applicant and by regular first class mail to all persons who have filed written comments. 3. City Council: The applicant may appeal the decision of the Department of Planning and Protective Services to the City of Jefferson City Council within thirty (30) days of the date of the decision, and an applicant shall have an appeal right where denied an application to demolish or where granted an application with conditions. An applicant shall file an appeal within thirty (30) days of a denial or of the granting of a conditional application by filing same with the Jefferson City Clerk. The City Council shall conduct a public hearing on the application de novo and shall grant the application, grant the application with conditions, or deny the application. 4. Circuit Court: The applicant may appeal a final decision of the City Council by filing a petition for administrative review pursuant to Chapter 536 of the Revised Statutes of Missouri, to the Circuit Court within thirty (30) days. The Circuit Court shall hear the cause de novo. The Circuit Court shall enter judgment granting the application to completely demolish or remove, granting the application with conditions, or denying the application. The Court may deny the application only if the Court finds i) that the Petitioner has the economic means, considering all the reasonably available resources, to maintain the property without demolition; or ii) that the property may be used to its highest and best use without demolition; or iii) that the public’s interest in protecting the historical character of the property outweighs the Petitioner’s interests to be served by the demolition of the property. In any such proceeding before the Circuit Court, and the burden of proof shall rest upon the property owner to prove by the preponderance of the evidence that the property owner does not have the economic means, considering all the reasonably available resources, to maintain the property without complete demolition or removal; and shall be upon the City of Jefferson to prove by the preponder ance of the evidence that the property may be used to its highest and best use without complete demolition or removal and that the public’s interest in protecting the historical character of the property outweighs the Petitioner’s interests to be served by the complete demolition or removal of the building. In determining the public’s interest in protecting the historical character of the property, it shall be the City of Jefferson’s burden to produce evidence and the court shall consider the said evidence of the historic value of the building by reason of age or association with important figures or events; or by reason of the place of the building in the history of Jefferson City, the State of Missouri or the United States; or by reason of the building’s embodiment of the distinctive characteristics of a type, period or method of construction; or by reason of the building’s representation of the work of an historically notable architect, designer or draftsperson; or by reason of the building’s visual and sp atial relationship to designated or potential historic landmarks or historical districts. a. The historic value of the building or structure by reason of age or association with important figures or events; or as evidence of aspects of the history of Jeffers on City, the State of Missouri or the United States; or as an embodiment of the distinctive characteristics of a type, period or method of construction; or as a representation of the work of an historically notable architect, designer or draftsperson; Rev. 3/31/2009 824 b. The visual and spatial relationship of the building or structure to designated or potential historic landmarks or historical districts; c. The state of deterioration or disrepair or structural unsoundness of the building or structure, and the practicability of rehabilitation. The CJHPC may request the applicant to submit documentation beyond that which is specified in the application in a form specified by the CJHPC or other information necessary to determine whether the property can be rehabilitated or restored with a reasonable economic return to the owner. (Ord. No. 15184, §1, 10-21-2013) D. Approval or disapproval. Within five (5) days after either: a. the CJHPC’s determination: or b. the expiration of the sixty (60) day review period, whichever occurs first, the director of Planning and Protective Services shall approve or not approve the application. A negative recommendation by the CJHPC shall not be grounds for disapproval of the application. (Ord. No. 14691, §2, 6-21-2010; Ord. No. 9154, § 1, 8-21-78; Ord. No. 10397, § 7, 4-1-85; Ord. No. 11737, § 1, 5-4-92; Ord. No. 12794, §2, 8-17-98) Sec. 8-33. Permit fee. No permit to remove or demolish a building shall be issued until a fee as set out in Appendix Y shall have been paid to the department of Planning and Protective Services or other authorized municipal agency. (Ord. No. 9154, § 3, 8-21-78; Ord. No. 9534, § 1, 10-20-80; Ord. 14272, §5, 10-15-2007) Sec. 8-34. Maintenance of vacated premises. Whenever a building is demolished or removed, the premises shall be maintained free from all unsafe or hazardous conditions by the proper regulation of the lot, restoration of established grade and the erection of the necessary retaining walls and fences in accordance with the provisions of Article 13 of the city's building code. (Ord. No. 9154, § 4, 8-21-78) Sec. 8-35. Grading of lot. When a building has been demolished or destroyed by fire or other natural causes and no building operation has been projected or approved, the vacant lot shall be filled, graded and maintained to conform on all sides to the existing grades and elevations of the adjacent property. Adjoinin g walls shall be left in an Rev. 6/04-2014 825 acceptable condition to prevent the harboring of insects, rodents or pigeons. The lot shall be maintained free from the accumulation of rubbish and all other unsafe or hazardous conditions which endanger the life or health of the public; provisions shall be made to prevent the accumulation of water or damage to any foundations on the premises of the adjoining property. Upon completion of the demolition, the lot shall be left in a state that is aesthetically acceptable to the Director of Planning and Protective Services. In the event of a disagreement over the term "aesthetically acceptable," the matter shall be referred to the city council for final determination. (Ord. No. 9154, § 5, 8-21-78) Sec. 8-36. Suspension of permit. Any demolition permit shall become invalid if the authorized work is not commenced within thirty (30) days after the issuance of the permit, or if the authorized work is suspended or abandoned for a period of ten (10) days after the time of commencing the work. All work including grading and lot re -construction must be completed within ninety (90) days after the time of commencing the work unless a written extension of time is issued by the Director of Planning and Protective Services. (Ord. No. 9154, § 6, 8-21-78) Sec. 8-37. Penalties. Any person who shall violate any provision of this article shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred one thousand dollars ($500.00 1,000.00) or by imprisonment not to exceed one hundred eighty (180) days (1) year, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense. (Ord. No. 10397, § 8, 4-1-85; Code 1983, § 7-38; Ord. No. 11201, § 4, 4-17-89) Secs. 8-38 - 8-48. Reserved. Civil Remedy for Unpaid Fines Whenever a property owner shall have been convicted of two or more misdemeanors for violations of any provision of this article with respect to a s ingle property and the unpaid fines and costs for those convictions shall have aggregated to more than $5,000.00, then the City of Jefferson may at its option and at any time until the fines and costs assessed for all of said misdemeanors are wholly paid b ring an action in the Circuit Court of the county wherein the property is located to obtain a judgment in the amount of the unpaid fines and costs enforceable pursuant to the provisions of Section 511.350, RSMO. Such an action shall be in rem, and service of process in compliance with the Missouri Supreme Court Rules of Court for in rem actions shall be sufficient. Rev. 3/31/2009 826 ARTICLE IV. PRESERVATION AND CONSERVATION Sec. 8-39. Statement of Purpose. A. Purpose 1. The Jefferson City, Missouri, City Council finds and declares that: a. Jefferson City has a rich historic heritage which is reflected in its people, culture, landmarks, downtown areas, riverfront, neighborhoods, cemeteries and historic structures such as buildings, monuments and other physical artifacts; b. The aforementioned historic landmarks, sites, structures and objects that reflect and are a part of the heritage of Jefferson City should be preserved as a living part of o ur community in order to engender a respect for the past and for who we are now and in order to nurture the cultural and economic life of our City. c. The public interest of Jefferson City will be served by the preservation of its historic landmarks, sites, buildings and other structures and objects in that such preservation will nurture the cultural economic life of the community. B. The purposes of this article are to promote the educational, cultural, economic, and general welfare of the community by: 1. Providing a mechanism to identify and preserve the distinctive historic, archaeological and architectural characteristics of the City of Jefferson which represent elements of the city's cultural, social, economic, political and architectural history; 2. Fostering civic pride in the beauty and noble accomplishments of the past as represented in the city's landmarks and historic districts; 3. Conserving and improving the value of property designated as landmarks or within historic districts; 4. Providing for economic benefits to encourage business and residential owners to locate and invest in historically significant properties; 5. Protecting and enhancing the attractiveness of the city to home buyers, tourists, visitors and shoppers, and thereby supporting and promoting business, commerce and industry, and providing economic benefit to the city; 6. Fostering and encouraging preservation, restoration and rehabilitation of the city's historic structures, areas and neighborhoods; 7. Promoting the use of historic districts and landmarks for the education, pleasure and welfare of the people of the city; and 8. Promoting the identification, evaluation, protection and interpretation of the prehistoric and historic archaeological resources within the corporate limits of the city. Rev. 6/04-2014 827 Sec. 8-40. Relationship Between Districts. A. An application for a designated district shall be evaluated on a sliding scale, depending upon the designation of the building, structure, site or object in question. The application shall be evaluated on the following criteria: 1. Most careful scrutiny and consideration shall be given to applications for designated landmarks and historic districts; 2. Slightly less scrutiny shall be given to applications for designated conservation districts; 3. Properties designated conservation district shall receive a decreasing scale of evaluation upon application; and 4. The least stringent evaluation is applied to the neighborhood conservation planned district where the design standards are advisory in nature. Sec. 8-41. Definitions. Unless specifically defined, words or terms in appendix A 8-47 of this article shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this article its most reasonable application. Sec. 8-42. Surveys and Research. The City of Jefferson Historic Preservation Commission (CJHPC), as created by section 7-51 of the city code, shall undertake an ongoing survey and research effort in the City of Jefferson to identify neighborhoods, areas, sites, structures and objects that have historic cultural, archaeological, architectural or aesthetic importance, interest or value as part of the survey, and shall review and evaluate any prior surveys and studies by any unit of government or private organization and compile appropriate descriptions, facts and photographs. The CJHPC shall systematically identify potential landmarks and historic district and adopt procedures to nominate them based upon the following criteria: A. The potential landmarks and historic district which are in an identifiable neighborhood or distinct geographical area which have historic and/or cultural importance to the city; B. The potential landmark and historic districts are associated with a particular prominent person, a significant event or historical period; C. The potential landmarks and historic district exhibit a particular architectural style or school, or are associated with a particular architect, engineer, builder, designer or craftsman; D. The potential landmarks and historic districts contain historic, prehistoric and archaeological features, evidence and/or artifacts which have the potential to contribute to the understanding of historic and prehistoric cultures; or E. Such other criteria as may be adopted by the CJHPC to assure the systematic survey and nomination of all potential landmarks and historic districts within the city. Rev. 3/31/2009 828 (Ord. 13251, 8-20-2001; Ord. 14088, §2, 8-7-2006) Sec. 8-43. Reserved. Sec. 8-44. Nomination of Historic Districts. A. Application/Nomination. Applications for nomination of an historic district shall be made to the CJHPC by at least seventy-five percent (75%) of all owners of record. Forms and criteria for nomination will be available at the office of the Department of Planning and Protective Services. Applications must be submitted to the department; the department shall forward applications to the CJHPC. Each historic district must be nominated by a separate application. Each historic district must be designated by a separate ordinance. The designation of a historic district shall in no way alter the uses permitted by the existing zoning district of the property so designated. B. Notice. Upon receipt of an application for nomination of an historic district, the department shall notify the property owners within the pro posed district of the application, arrange for a time and place of a meeting, and invite all interested persons to appear and be heard. C. Criteria for Nomination. The criteria for nomination shall apply to applications for designation of historic districts and landmarks. The CJHPC shall, after such investigation as it deems necessary, make a determination as to whether a site, structure, object or area qualifies for nomination pursuant to one (1) or more of the following criteria: 1. Its character, interest, or value as part of the development, heritage or cultural characteristics of the community, county, state or nation; 2. Its location as a site of a significant local, county, state or national event; 3. Its identification with a person or persons who significan tly contributed to the development of the community, county, state or nation; 4. Its embodiment of distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of indigenous materials; 5. Its identification as a work of a master builder, designer, architect, or landscape architect whose individual work has influenced the development of the community, county, state or nation; 6. Its embodiment of elements of design, detailing, materials, or craftsman ship that render it architecturally significant; 7. Its embodiment of design elements that make it structurally or architecturally innovative; 8. Its unique location or singular physical characteristics that make it an established or familiar visual feature; or 9. Its character as a particularly fine or unique example of a utilitarian structure, including, but not limited to, farmhouses, gas stations, or other commercial structures, with a high level of integrity or architectural significance. Rev. 6/04-2014 829 Any site, structure, object, or area that meets one (1) or more of the above criteria, shall also have sufficient integrity of location, design, materials and workmanship to make it worthy of preservation or restoration. D. Appeals. A decision by CJHPC to deny an application for nomination may be appealed to the planning and zoning commission in accordance with the provisions of Chapter 35 of the Code of Jefferson City. Sec. 8-45. Nomination of Landmarks A. Application/Nomination. Applications for nomination of a site, structure or object as a landmark shall be made to the CJHPC. Forms and criteria for nomination will be available at the office of the Department of Planning and Protective Services. Each landmark must be nominated by a separate application. Each landmark must be designated by a separate ordinance. The designation of a landmark shall in no way alter the uses permitted by the existing zoning district of the property so designated. B. Notice. Upon receipt of an application for nomination of an historic landmark, the department shall notify the property owners within the proposed district of the application, arrange for a time and place of a meeting, and invite all interested persons to appear and be heard. C. Public Owner. Applications for nomination of a public landmark shall be made by the city or other owner. D. Private Owner. Applications for nomination of a private landmark shall be made by one hundred percent (100%) of the owner(s) at least one (1) owner of the property or structure. Sec. 8-46. Procedure for review following designation of landmark or historic districts . A. Building Permit Standards. After a landmark or historic district is designated by ordinance each, application for building permit within the area so designated shall be referred to the CJHPC for review at a regularly scheduled CJHPC meeting. Applications shall be submitted a minimum of ten (10) days prior to the meeting of the Commission. If the CJHPC makes no report within forty -five (45) days of receipt of the application, it shall be considered to have made a report approving the application. B. Design Criteria. The CJHPC shall prepare and adopt specific design criteria as it deems necessary to supplement the provisions of this ordinance. Within each of the designated categories, the design criteria will be applied more stringently to properties of greater significance than those with lesser significance as determined by their respective designation. The CJHPC may from time to time amend and supplement to the criteria used for review of historic districts and landmarks. The CJHPC must first approve additional design criteria not listed in this chap ter, and any changes thereto, before the criteria or changes shall become effective. (Ord. No. 12794, § 1, 8 -17-98). Rev. 3/31/2009 830 Sec. 8-47. Definitions. Unless specifically defined words or terms of this article shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this article its most reasonable application. Adaptive use. The process of changing the use of a structure or property to a use other than that for which the structure or property was originally designed or a use for a structure or property other than the use for which it was originally designed. (Sometimes called “adaptive reuse”). Alteration. Any act or process that changes one (1) or more of the exterior architectu ral features of a structure, including, but not limited to, the erection, construction, reconstruction or removal of any structure. Architectural attributes. Those physical features of buildings and structures that are generally identified and described as being important products of human thought and action characteristic of a population or community. Certified local government (CLG). A program of the National Park Service designed to promote the preservation of prehistoric and historic sites, structur es, objects, buildings and historic districts by establishing a partnership between the local government, the state historic presentation department and the National Park Service. A certified local government carries out the purposes of the National Histo ric Preservation Act, as amended. Each certified local government is required to maintain a system of ongoing surveys compatible with the Missouri Historic Preservation Department process. CJHPC. The City of Jefferson Historic Preservation Commission. Commissioners. Members of the City of Jefferson Historic Preservation Commission. Consent. The vote as cast by owners holding majority interest in a parcel of real estate. For purposes of this article, only one (1) vote per parcel may be cast. Conservation district. Any area designated by the CJHPC in accordance with this section as an area containing any physical features or improvements or both which are of historical, social, cultural, architectural or aesthetic significance to the city and cause such area to constitute a distinctive section of the city. This overlay zone may be used for areas which have distinctive characteristics that are worthy of conservation, but lack sufficient historical, architectural or cultural significance to qualify as historic areas. Contributing (or contributory). A significant building, site, structure or object which adds to the architectural qualities, historic association or archeological value of an historic district because: A. It was present during the pertinent historic time; B. It possesses integrity and reflects its significant historic character or is capable of yielding important information about the pertinent historic period; or C. It independently meets the standards and criteria of this article. Cultural attributes. All of the physical features of an area that, either independently or by virtue of their interrelationship, are generally identified and described as being important products of human thought and action characteristic of a population or community. Accordingly, the term “cultural attributes” necessarily includes “architectural attributes” as that term is defined in this section. The term “cultural attributes” does not refer to the characteristics or beliefs of people who may reside in or frequent a particular area. Cultural resource. Districts, sites, structures, objects and evidence of some importance to a culture, a subculture or community for scientific, engineering, art, tradition, religious or other reasons significant in providing resources and environmental data necessary for the study and interpretation of past lifestyles, and for interpreting human behavior. Demolition. an act or process which destroys, in part or in whole, a building or structure or which Rev. 6/04-2014 831 threatens to destroy a structure by intentional failure to maintain it in a condition of good repair and maintenance. Department. The Department of Planning and Protective Services of the City of Jefferson, Missouri. Design criteria. A standard of appropriate activity that will preserve the historic and architectural character of a structure or area. Designation. Official recognition of an historic landmark, conservation or historic district by the city council according to the procedures and provisions in this article . Endangered resource. A resource under a known or anticipated threat of damage to the integrity or existence of the resource, such as: A. An immediate threat which will result in loss of or collapse of a structure; B. An immediate threat or destruction by private action; or C. Condemnation for code violations. (Sometimes referred to as a “threatened resource”). 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 appurtenant elements. Facade. The exterior face of a building which is the architectural front, sometimes distinguished by elaboration or architectural or ornamental details. Historic district. An area designated as an historic district by ordinance of the city council and which may contain within definable geographic boundaries one (1) or more significant sites, structu res or objects, and which may have within its boundaries other properties or structures that, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless to the overall virtue characteristics of the significant sites, structures or objects located within the historic district. Historic preservation. The study, identification, protection, restoration and rehabilitation of buildings, structures, objects, districts, areas and sites significant in the history, arch itecture, archeology or culture of the city, state or nation. Historically or architecturally significant. Possessing that quality present in an area, site, structure, object or district because it: A. Is associated with an event or events that significantly contributed to the broad patterns of the history or architectural heritage of the city, county, state or nation; B. Is associated with the life or lives of a person or persons significant in the history of the city, county, state or nation; C. Embodies distinctive characteristics of a type, design, period or method of construction; D. Represents the work of a master designer or architect or possesses high architectural value; E. Exemplifies the cultural, political, economic, social or historic heritage of the city; F. Contains elements of design, detail, material or craftsmanship which represent a significant construction innovation; G. Is part of or related to a square, park or other distinctive area that was or should be developed or preserved according to a plan based on an historic or architectural motif; H. Is an established and familiar visual feature of a neighborhood or the entire community; or Rev. 3/31/2009 832 I. Has yielded, or is likely to yield archeological artifacts and/or information. Key contributing. A site, structure or object of such an outstanding quality and state of conservation that it significantly adds to the architectural qualities, historic association or archeological values of an historic district because: A. It was present during the pertinent historic time; B. It possesses and reflects its significant historic character or is capable of yielding important information about the pertinent historic period; and C. It independently meets the standards and criteria of the article. Landmark. A site, structure or object designated as a landmark by ordinance of the city council, pursuant to procedures prescribed herein, that is worthy of rehabilitation, restoration and preservation because of its historic and/or architectural significance to the city. Landscape feature. Any element or component of outdoor open space including, but not limited to, fences, walls, retaining walls, gates, sidewalks, walkways, driveways, parking lots, patios, terraces, decks, ground cover, trees, plants, outdoor furniture, exterior light standards, fount ains, statuary, detached signs, and other such elements. Marker. A sign used to label or identify a designated landmark or historic district as an architecturally significant property. National Register. The current National Register of Historic Places established by passage of the National Historic Preservation Act of 1966, 80 Stat. 915, 16 U.S.C. 470 et seq. as amended. Noncontributing (or noncontributory). A site, structure or object that does not add to the architectural qualities, historic association or archeological values of a landmark or historic district because: A. It was not present during the pertinent time; B. Due to alterations, disturbances, additions or other changes, it no longer possesses integrity nor reflects its significant historic character or is incapable of yielding important information about the pertinent historic period; or C. It does not independently meet the standards and criteria of the ordinance. Normal maintenance and repair. Any improvement or work for which a building permit is not required by city ordinance designed to correct deterioration, decay or damage and restore, as may be practical, a structure or property to the condition that existed prior to the deterioration, decay or damage. Object. Those physical items that have functional, aesthetic, cultural, historical or scientific value and are relatively small in scale and simply constructed. While an object may be, by nature or design, movable, it should be located in a specific setting or environment appropriate to i ts significant historic use, role or character. Objects include sculptures, monuments, street signs, fence posts, hitching posts, mileposts, boundary markers, statuary and fountains. Owner(s) of record. Those individuals, partnerships, firms, corporations, public agencies or any other legal entity holding title to property, but not including legal entities holding mere easements or leasehold interests. (May also be referred to as “property owner(s)”). Current owner(s) of record are those listed as owners on the records with the Cole County Recorder of Deeds. Period. A chronological division identified in the analysis of the historical development to an area or region (i.e., Victorian, Modern). Protection. The application of measures to defend, guard, cover or shield a building, site, structure or object from deterioration, loss, attack, danger, or injury. In the case of buildings, structures or objects such measures generally are of a protective nature and usually precede preservation measures. In the case of Rev. 6/04-2014 833 archeological sites, the protective measures may be temporary or permanent. Reconstruction/reconstruct. The reproduction of the exact form and detail of a vanished building, site, structure or object or a part thereof, as it appeared at a per tinent time using both original and modern materials and based on precise historical documentation and physical evidence. Rehabilitation/rehabilitate. The act of returning a site, structure or object to a useful state through its repair and/or alteration while retaining the characteristic features of the property which are significant to its historical and architectural value. Remodeling. Modification and modernization of a structure or property without striving to return to or replicate the original historical and architectural character of the structure or property. Removal. Any relocation of a structure in whole or in part on its site or to another site. Repair. Any change to a structure or object that is not construction, removal or alteration. Resource. Any site, structure, object or area that constitutes a source of present and future usefulness. Restoration/restore. The act of accurately recovering the form and details, based on precise historical documentation and physical evidence, of a b uilding, site, structure or object as it appeared at a pertinent time including the removal of improvements that are not appropriate and the replacement of missing or deteriorated features. Site. The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined or vanished, where the location itself possesses historic, cultural or archeological value regardless of the value of any existing structure. Examples of sites include habitation sites, burial sites, village sites, hunting and fishing sites, ceremonial sites, battlefields, ruins of historic buildings and structures, campsites, designed landscapes, natural textures, springs and landscapes having cultural significance. Stable. The area is expected to remain substantially the same over the next twenty (20) year period with continued maintenance of the property. While some changes in structures, land uses and densities may occur, all such changes are expected to be compatible with surrounding development. Stabilizing. The area is expected to become stable over the next twenty (20) year period through continued reinvestment, maintenance or remodeling. Standards. The Secretary of Interior’s Standards for the Treatment of Histo ric Properties, codified as 36 CFR 68 in the July 12, 1995 Federal Register (Vol. 60, No. 133), and as revised from time to time. 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, fence, gazebos, advertising signs, billboards, backstops for tennis courts, radio and television antennas, including supporting towers and swimming pools. may include but shall not be limited to any building, structure, landmark, or humanly constructed object. Style. The specific identifying characteristics of a building both as it appears to the eye and as it is known to exist in design and structure. Survey. An architectural and historical examination of historic resources to identify historic properties within an area. (Ord. No. 12794, Appendix A, 8-17-98)