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HomeMy Public PortalAbout2016-08-03 packet NOTICE OF SPECIAL MEETING AND TENTATIVE AGENDA' sir�i�0il0ik fk 11! City of Jefferson Historic Preservation Commission Wednesday,August 3, 2016 —6:00 p.m. John G. Christy Municipal Building, 320 East McCarty Street Boone/Bancroft Conference Room TENTATIVE AGENDA 1. Call to Order and Roll Call 2. Approval of Agenda(as printed or amended) 3. Review of Demolition Ordinance 4. Dates to Remember a. Next Meeting, Tuesday, August 9, 2016 5. Adjournment 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 HPC Denied Demolition Project 9 C_, Ir.Jun..--.7.- II litIt,. ,� c Project 3 ccVnwAc Project 6 r #•n pity # Prajed 5 - sa. Project 4 - Jefferson City Mernoraal ". '-, : , Airport 5s fi� ` Project 3 se$rf 95 50 & $ Projed 2 541, i j1P. a ors Q IP rip Project 1 0 IN 11. f Search Result(point) 0 Q National Register of Historic Places 0 uin,_ I ufirniversity' cc2 ty5t . fI ro S y Ri( '—C—) €fli18 Si ? fie -- -fiso i. g a F a1 9 t 3c a 14 1:12,224 C2,21a MV1EQ©AND 02016 M7!~nsDw i go®riarl July 20,2016 0 0.5 1 2riv EaAOE`OFA 0 1 2 4 gun to BF ! fie QEy C9 V 7, f N. rw w Department of Planning and Protective Services Me n1®rand LI m 320 East McCarty Street • Jefferson City, Missouri 65101 • P: 573.634.6410 • F: 573.634.6457 • www.jeffcityrno.org Date: July 12, 2016 To: Historic Preservation Commission From: Janice McMillan, AICP, Director •, ) V y \ Subject: Proposed Demolition Ordinance Thank you for the opportunity to provide my comments on an update of the demolition ordinance. My comments are highlighted in green on the attached document, contained within pages 821-825 and in Definitions, pages 831-835. My approach was to: 1. Outline the application requirements and process more completely, including application requirements, staff responsibilities, CJHPC responsibilities, review criteria and post-decision actions. 2. Propose a two-tier approach, whereby the HCJHPC would exercise more review authority over "Significant Buildings," i.e., those within national register, conservation districts, Old Town, etc. in exchange for allowing buildings proposed for demolition in other areas proceed without review. 3. Definitions. A few definitions were added: Buildings, Significant Buildings, Property Value. ARTICLE III.DEMOLITION OR REMOVAL OF STRUCTURES Sec.8-32.Permit to demolish. A. Purpose and Limitations 1. The Purpose of this Article is to provide a mechanism for the safe klemolition'of buildings -- Comment[MJ1]:Be specific and use consistent and specified structures; land to enforce long-term planning and other mechanisms for the language throughout. protection of significant buildings located within the City of Jefferson which represent - Comment[M)2]:Suggest principal and important elements of the city's cultural, social, economic, political and architectural accessory buildings(i.e.,structures designed to be history. used as a place for occupancy,storage or shelter).A "structure" includes anything constructed or erected, 2. This section shall not apply to applications for demolition due to a threat to public health including arbors,fences,signs,trellises,flagpoles, or to emergency orders issued by the Director due to a threat to public safety.Nothing in walls. this section shall prohibit the Director from acting under any emergency provisions of Chapter 8 of the Code of the City of Jefferson,Missouri. B. Permit Required. 1. It shall be unlawful to demolish_or remove any_structure for which a permit was required, or is currently required to construct,-without first obtaining a demolition permit from the Director. 2. Prior to the issuance of a demolition permit for a"Significant Building,"as defined herein, the Director shall refer the application to the Historic Preservation Commission. C. Review Process. Generally the procedures to be followed are (1) submittal of a complete application that includes the appropriate information and fee payment; (2)review of the submittal by appropriate City staff and related agencies,and(3)action to approve,approve with conditions or deny the application. 1. All applications shall be reviewed by the Director or staff for completeness and compliance with City codes and policies.Upon completion of staff review,staff comments shall be provided to the applicant. 2. Review by Other City Departments. The Director or staff shall forward copies of the applications to various affected City departments for their review of the material submitted. 3. Review by City of Jefferson Historic Preservation Commission.The Director or staff shall forward copies of the application to demolish a"Significant Building"to the CJHPC. D. Application Requirements. All persons seeking to demolish or remove a structure within the City limits of the City of Jefferson shall prior to performing the demolition or removal file an application with the Director. 1. Form for application. The Director shall promulgate forms to be used for the application for a demolition permit. Notes Janice'text is in green;text underlined was added on 7/14 Drew's added text are in blue 2. Contents of all applications. In order to obtain a demolition permit, a permit application must be "complete" and accepted by the Director. All applications are required to be "complete" include the following information: a. Demolition permit application and non-refundable fee; b. Demolition staging statement or plan; c. Storm water management plans and specifications made in conformance with the requirements of the city's storm water management code; d. Site restoration plans and specifications (only applicable if commencement of construction of a new structure is not planned within sixty (60) days after the completed demolition); e. Statement of proposed use of the property after demolition; 3. Additional items required of applications for Significant Buildings: a. Estimate of the cost of repairing and/or restoring the property without demolition compared to the appraised value(the appraised value from the County Assessor shall be used to determine property value in the absence of a recent appraisal); and statement of hardship of repair or restoration and maintaining the property,if not demolished; b. Photographs.Photographs shall be provided with applications for demolition of Significant Buildings,however,the Director may,at his/her discretion,accept a statement filed by the property owner that photographs could not be submitted due to safety reasons.The following minimum standards shall apply to photos: 1. Photographs shall be provided in digital form; 2. One photo per exterior elevation(side); 3. One photo of each interior room including kitchens and bathrooms, taken from the doorway to the room; 4. One photo of each stairwell, if applicable, showing the newel post, balusters and handrail. E. Post decision/Issuance of demolition permits. 1. A permit to demolish a Significant Building shall not be issued prior to final review by the CJHPC. Subject to applicable provisions of this section, the Director shall have immediate authority to approve demolition of structures that are not Significant Buildings. 2. Prior to issuing a demolition permit, the Director shall arrange a conference with the demolition contractor to obtain final documentation and review the requirements and conditions for demolition,including: a. Release from the utilities having service connections with the building or 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. b. Storm water control plan/permit; c. Floodplain development permit,if applicable. d. Safety fencing,pedestrian and traffic management plan; Notes Janice'text is in green;text underlined was added on 7/14 Drew's added text are in blue e. Restoration or reuse plan; f. Permitted time of operation and noise limitations; g. Asbestos and lead certifications; h. State/federal agency requirements,; i. Other city requirements,if any. F. CJHPC Review for Demolition of Significant Buildings. 1. The CJHPC shall have sixty (60) days from receipt of the application by the CJHPC to review an application for demolition of a Significant Building. In the event that the application to completely demolish or remove the structure has not been denied or granted with conditions within sixty(60)days of receipt, the application shall be deemed granted. 2. Notification Requirements. Notice that a demolition application has been filed for a Significant Building shall be provided as follows.Notices and publications required under this section shall occur at a minimum of five(5)but no more than ten(10)calendar days prior to the first meeting date at which the CJHPC will consider the application. a. Posting and distribution of the agenda, listing the addresses of Significant Buildings proposed for demolition; b. _.. the Department of Planning and Protective Services shall immediately publish notice of the application by posting a notice prominently and in public view on the property; and ii) One time publication of notice in a newspaper of general circulation; c. Mailing the notice by regular first class mail to all property owners within 185 feet exclusive of right of way,and; d. Electronically mailing the notice to all persons on a registry of persons who shall have requested notice of demolitions referred to CJHPC. (Comment[HD3]:Cost too high and staff work ' l too much. e. Notices shall contain information on how to send comments and include the statement that any interested party may •- -provide comments to 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 ten (10)business day following publication 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 CJHPC for consideration. 3. Decision of the CJHPC.Applications for the demolition of Significant Buildings shall be considered by the CJHPC at an open public meeting. When considering each application, the CJHPC shall by motion, either(1)recommend to grant the application for demolition, or (2)recommend to grant the application with conditions. Motions that fail to obtain a majority vote shall be deemed to have failed. a. Effect of Approval.Should the CJHPC approve the application,the Director shall issue the permit to demolish,providing other pertinent requirements are met,and no hearing request has been filed by the applicant. b. Effect of Denial. Notes Janice'text is in green;text underlined was added on 7/14 Drew's added text are in blue 1. c. Conditions which may be placed on a demolition application by the CHJPC are: 1. Preservation of specified historical, architectural or other components for reuse or relocation; 2. Photo documentation of the building or specific building elements; 3. "Mothballing" to preserve a significant building until rehabilitation is feasible. 4. d. Should the CJHPC fail to approve an application for demolition or approve the application with conditions that are not acceptable to the applicant,the applicant may file a request for an administrative hearing. Requests for administrative hearing shall be filed in writing,within ten(10)calendar days of the decision by the CJHPC. Upon receiving the request, the Director shall schedule an administrative hearing to determine whether the permit should be granted. The hearing shall be scheduled within 30 calendar days of the date of receipt of the request. 4. Criteria for Review 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 structure fifty (50) years old or older which comes before the CJHPThe CJHPC shall review a demolition application a for Significant Building in accordance with this section and the following criteria: a. The granting of a permit is not detrimental to the public health, safety, and general welfare of the community; b. The proposed demolition is consistent with the goals and policies of the City's Comprehensive Land Use Plan or adopted Neighborhood Plan for the area; c. The proposed demolition does not create land with constraints to development, such as location in a flood hazard area; d. The cost to repair the structure would be more than fifty(50)percent of the value of the property; e. ((take a look at the Section 106 criteria for applicability,as well)) decision by certified mail,return receipt,to the applicant and by regular first class mail to all persons who have filed written comments. 4. Administrative Hearing, .. : -- ... . . ...-. - .- -- 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 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 aTi'�Ppli�ron• If a Hearing is called by the Director,the following procedure shall be followed: a. The City Administrator shall appoint a Hearing Examiner to conduct the hearing,consider the evidence and issue an order in accordance with the procedures of this article.The City Administrator may appoint himself/herself to serve as Hearing Examiner. (Ord. No. Notes Janice'text is in green;text underlined was added on 7/14 Drew's added text are in blue 15332,§1,10-20-2014) b. The person or persons requesting a demolition shall have an opportunity to be heard,and shall be served notice of the hearing(personally or by mail;if those methods fail,service may be had by publication)allowing at least ten(10)days written notice.The notice shall include the date,time and place of the hearing. c. Any party may be represented by counsel and have the right to present evidence. d. In the event that any or all of the parties fail to appear at the hearing,the evidence of the existence of facts which constitute grounds alleged in the Notice shall be considered unrebutted. e. The technical rules of evidence shall not apply in the hearing.Any relevant evidence may be admitted and considered by the hearing officer if it is the sort of evidence of which responsible persons are accustomed to rely in the conduct of serious affairs.Objections to evidence shall be noted and a ruling given by the hearing examiner. f. All testimony shall be under oath,which may be administered by the Hearing Examiner and a recording shall be made by the City or a written record of the hearing may be made by a reporter to be employed by the City, the cost of which shall be paid by the City should the permit eventually be granted and by the owner if it should not. f g. The hearing shall proceed in the following manner. The City will then be allowed to present its evidence. Witnesses called by the City will be directly examined with an opportunity for the owner to cross-examine,followed by an opportunity for the City to re- direct. Once the City's case is presented,the property owner will have an opportunity to present his or her case. The same procedure for questioning witnesses will be followed. Then the City will have an opportunity for rebuttal,if it so chooses.Finally,the City and the property owner will have an opportunity to make closing remarks in that respective order. g-h.Within thirty(30)days from the date of the hearing,the Hearing Examiner shall,upon the basis of competent and substantial evidence offered at the hearing,make a conclusion of law as to whether or not the demolition permit should be granted i. Circuit Court: Any party aggrieved by the decision of the Hearing Examiner may The applicant appeal a final decision of the lit. Hearing Examiner 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. Should the Court, or any Court of competent jurisdiction determine that refusal by the City to issue the demolition permit constitutes a taking of a private interest that would require the City to monetarily compensate the property owner,the permit shall be immediately granted in lieu of payment. Sec.8-33.Permit fee. No permit to remove or demolish a building structure shall be issued until a fee as set out in [Comment[M]4]:Building 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) Notes Janice'text is in green;text underlined was added on 7/14 Drew's added text are in blue **The building division suggests a performance bond be collected to ensure the work is completed. Sec.8-34.Maintenance of vacated premises. Whenever a building itructurel is demolished or removed, the premises shall be maintained free __— Comment[M35]:building 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 structure lhas been demolished or destroyed by fire or other natural causes and no Comment[M]6]:building 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. Adjoining walls shall be left in an 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, Notes Janice'text is in green;text underlined was added on 7/14 Drew's added text are in blue punishable by a fine of not more than fie-fired one thousand dollars ($308:09 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-�esu^a.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 single 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 bring 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. Notes Janice'text is in green;text underlined was added on 7/14 Drew's added text are in blue 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 our 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. Notes Janice'text is in green;text underlined was added on 7/14 Drew's added text are in blue 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 Notes Janice'text is in green;text underlined was added on 7/14 Drew's added text are in blue 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. (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 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. 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 significantly 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 craftsmanship that render it architecturally significant; 7. Its embodiment of design elements that make it structurally or architecturally innovative; Notes Janice'text is in green;text underlined was added on 7/14 Drew's added text are in blue 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. 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 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 Notes Janice'text is in green;text underlined was added on 7/14 Drew's added text are in blue CJHPC must first approve additional design criteria not listed in this chapter, and any changes thereto,before the criteria or changes shall become effective.(Ord.No. 12794,§ 1,8-17-98). 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 architectural 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. Building. A structure designed to be used as places for occupancy, storage or shelter,whether by humans,animals or property. Building,Significant.Any building or structure within the municipal boundaries,which in whole or in part,is known or presumed to be at least 50 years old AND which has been determined by the Historic Preservation Commission or other designated authority to be significant to the community based on one or more of the following criteria: (1)the building or structure is listed on the National Register of Historic Places,or is partially or completely within the boundaries of an area so listed;OR (2)the building or structure has been determined by the State Historic Preservation Office and/or the National Park Service to be eligible for listing on the National Register of Historic Places;OR (3)the building or structure has been surveyed and documented as having historical or architectural importance in terms of period, style, method of construction specific use or association with a recognized builder or architect,either by itself or in the context of a group of buildings;OR (4) the building or structure has been surveyed and documented associations with one or more historic persons or events, or with the broad architectural, cultural, political, economic or social history of the city,the state or the nation,OR (5) the building or structure is listed as a Landmark,as designated by the City;OR (4)the building or structure is within conservation or historic district as designated by the City;OR (5)the building or structure is within the"Old Town"area as defined by the City; OR Certified local government (CLG). A program of the National Park Service designed to promote the preservation of prehistoric and historic sites, structures, objects, buildings and historic districts by Notes Janice'text is in green;text underlined was added on 7/14 Drew's added text are in blue 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 Historic 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 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. Director. Director of the Department of Planning and Protective Services,or his or her designee. Endangered resource. A resource under a known or anticipated threat of damage to the integrity or existence of the resource,such as: Notes Janice'text is in green;text underlined was added on 7/14 Drew's added text are in blue 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, structures 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,architecture,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 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. Notes Janice'text is in green;text underlined was added on 7/14 Drew's added text are in blue 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, fountains, 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 its 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 archeological sites,the protective measures may be temporary or permanent. Property value.The fair market value of the subject building or structure,according to an appraisal performed within three(3)years of the application;or lacking a recent appraisal,the appraised value of the subject building or structure, as determined by the County Assessor of the county in which the subject property is located. 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 pertinent time using both original and modern materials and based on precise historical documentation and physical evidence. Notes Janice'text is in green;text underlined was added on 7/14 Drew's added text are in blue 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 building, 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 Historic 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 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) Notes Janice'text is in green;text underlined was added on 7/14 Drew's added text are in blue Abbott, Jayme From: Hilpert, Drew Sent: Monday, June 13, 2016 10:38 AM To: McMillan,Janice; Abbott,Jayme; Wolford, Bryan Subject: CHAP08 w HCJ City Staff Revisions Attachments: CHAP08 w HCJ City Staff Revisions.doc Follow Up Flag: Follow up Flag Status: Completed Okay, per the request of the Historic Preservation Commission, attached is how I would propose to rewrite the proposed ordinance in a form that I could support. It needs some criteria added but that seems like good work for the Commission. It probably has some typos and things but as you might have heard I am winding down my practice so I have a bunch of stuff to get done. 1 5ARTICLE III.DEMOLITION OR REMOVAL OF BUILDINGS STRUCTURES 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 article,the term structure may in�shall include not be limited to any building, structure, landmark, or humanly constructed object with a roof and walls which is designed for'human'use. -- Comment[HD1]:Needs work B. 16i,Permit Required. It shall be unlawful to demolish a structure-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,or his or her designee, in writing. For purposes of this section article 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 Comment[HD2]:Maybe there is a reason but I maintenance. don't see a good purpose to make this"intentional". C. Criteria for demolition of a structure more than fifty(50)years old, An applicant for demolition of a structure more than fifty(50)years old shall be entitled to demolition if: 1. Demolishing the property would lead to the properties highest and best use as defined in ISHPO?];or 2. The cost to repair of the structure would be more than fifty(50)percent of the value of the property;or D. 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. • . ' . ':• :-•.: ' ':• : --••: . •. :- ..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 (b). Any recommendation by the CJHPC shall be advisory only. Nothing in this section shall be construed so as to prohibit the building 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), H:F. 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 any 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 property cannot be rehabilitated or restored with a reasonable economic return to the Rev. 6/04-2014 821 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 • 10.21 2013. .. ... .. , _ .. J• 1_ . - a demolition permit subject to this section. The CJHPC shall establish procedures to (Ord.No. 129'11,§2,6 21 99) C. Standards of Review for a Permit to Demolish. 1. Application for Demolition. `-...••.• .- . . - _ - a. Application Required. All persons seeking to demolish or remove a structure within the City limits of the City of Jefferson shall prior to performing the demolition or removal make application for a demolition permit b. Form for application. The City Administrator, or his or her designee, shall promulgate a form to be used for the application for a demolition permit. In addition any other reasonable requirement, for any demolition of a structure fifty (50) years old or older owned by any private person or business entity, the requirements shall include the following: i. photographs,either in hard copy or as digital files,of the structure and all exterior sides,interior rooms,and stairwells,taken within the last ninety(90)days of the structure proposed to be demolished; however, Director may determine photographs could not submitted due to safety reason based on written statement by property owner;and ii. 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. c. Submission to Planning and Protective Services. All applications for a permit to demolish a structure 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. d. Determination. i. Structures less than 50 years old. Subject to all other provisions of law, the Department shall have the authority immediately to issue a permit to demolish a structure unless the application calls for the complete demolition or removal of a structure that is fifty(50)years old or older and owned by the City of Jefferson or any private person or business entity.- ii. Structures more than 50 years old. 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 structure 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). Rev.3/31/2009 822 b e. No other ordinance withstanding, for the Complete Demolition or Removal of all either in hard copy or as digital files,of the structure and all exterior sides,interior rooms, and stairwells, taken within the last ninety (90) days of the structure proposed to be demolished; however, Director may determine photographs could not submitted due to safety reason based on written statement by property owner.tii)a statement of the intended future use of the property; and iii)a statement with reasons in support of the application Comment[HD3]:How does this affect whether for demolition,including an analysis of the costs and hardship of repairing and/or restoring it is historical? 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 structure 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. {Comment[HD4]:Having different notice 2. Review by the City of Jefferson Historic Preservation Commission periods for things is a recipe for trouble. 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 structure 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 structure 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) as provided in [where? SHPO?? maybe]. Department of Planning and Protective Services shall immediately publish notice of the application by 0 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.J Any interested party may Three nvacotice _ - Comment(HD5]:Cost too high and staff work shall invite provide written comments .• .• - - -.. - :• ..: .. too much. address to which such comments may be mailed, state the deadline for the receipt of comments, which shall be ten (10) business day following publication 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. 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 structure fifty (50) years old or older which comes before the CJHPC. c. The City of Jefferson Historic Preservation Commission shall either recommend to grant the application for demolition,or recommend to grant the application with conditions,or recommend to deny the application during meetings. Rev. 6/04-2014 823 d. The decision shall be made on the following criteria: i. ? ii. ? ? d. 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. e. Should the CJHPC approve the application the Director of Planning and Protective Services shall issue the permit. f. Should the CJHPC deny the application or approve the application with conditions that are not acceptable to the applicant,upon the written request of the applicant within 10 days of the decision by the CJHPC, the Director of Planning and Protective Services shall schedule an administrative hearing to determine whether the permit should be granted. 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 . -. •. .. . , . - ... If a Hearing is called by the Director,the following procedure shall be followed: a. The City Administrator shall appoint a Hearing Examiner to conduct the hearing,consider the evidence and issue an order in accordance with the procedures of this article.The City Administrator may appoint himself/herself to serve as Hearing Examiner. (Ord. No. 15332,§1,10-20-2014) b. The person or person requesting a demolition shall have an opportunity to be heard,and shall be served notice of the hearing(personally or by mail;if those methods fail, service may be had by publication)allowing at least ten(10)days written notice.The notice shall include the date,time and place of the hearing. c. Any party may be represented by counsel and have the right to present evidence. d. In the event that any or all of the parties fail to appear at the hearing,the evidence of the existence of facts which constitute grounds alleged in the Notice shall be considered unrebutted. e. The technical rules of evidence shall not apply in the hearing.Any relevant evidence may be admitted and considered by the hearing officer if it is the sort of evidence of which responsible persons are accustomed to rely in the conduct of serious affairs.Objections to evidence shall be noted and a ruling given by the hearing examiner. f. All testimony shall be under oath,which may be administered by the Hearing Examiner and a recording shall be made by the City or a written record of the hearing may be made by a reporter to be employed by the City, the cost of which shall be paid by the City should the permit eventually be granted and by the owner if it should not. g. The hearing shall proceed in the following manner. The City will then be allowed to present its evidence. Witnesses called by the City will be directly examined with an Rev.3/31/2009 824 opportunity for the owner to cross-examine,followed by an opportunity for the City to re- direct. Once the City's case is presented,the property owner will have an opportunity to present his or her case. The same procedure for questioning witnesses will be followed. Then the City will have an opportunity for rebuttal,if it so chooses.Finally,the City and the property owner will have an opportunity to make closing remarks in that respective order. 4. Within thirty(30)days from the date of the hearing,the Hearing Examiner shall,upon the basis of competent and substantial evidence offered at the hearing,make a conclusion of law as to whether or not the demolion permit should be granted a. Circuit Court: Any party agreiveed by the decision of the Hearing Examiner may 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. Should the Court, or any Court of competent jurisdiction determine that refusal by the City to issue the demolition permit constitutes a taking of a private interest that would require the City to monetarily compensate the property owner,the permit shall be immediately granted in lieu of payment. The Circuit Court shall hear the cause de novo. The Circuit Court shall enter judgment 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 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 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 preponderance of the evidence that the property may be used to its highest and best use historical character of the property outweighs the Petitioner's interests to be served by the complete demolition or removal of the structure. 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 structure by reason of age or association with important figures or events;or by reason of the place of the structure in the history of Jefferson City, the State of Missouri or the United States;or by reason of the structure's embodiment of the distinctive characteristics of a type,period or method of construction; or by reason of the structure's representation of the work of an historically notable architect,designer or draftsperson; or by reason of the structure's visual and spatial relationship to designated or potential historic landmarks or historical districts. a.b_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 Jefferson 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. 6/04-2014 825 historic landmarks or historical districts; 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 §1, 10 21 2013) .. .. _ .. .. , P. 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 (Ord.No. 11691,§2,6 21 2010;Ord.No.9151,§ 1,8 21 78;Ord.No. 10397,§7,1 1 85;Ord.No. 11737, § 1,5 1 92;Ord.No. 12791,§2,8 17 98) Sec.8-33.Permit fee. No permit to remove or demolish a building structure 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 structure 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 structure 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. Adjoining walls shall be Rev.3/31/2009 826 left in an 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 ($300:00 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 4Q—n d..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 single 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 bring 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. 6/04-2014 827 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 our 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.3/31/2009 828 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. 6/04-2014 829 (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 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. 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 significantly 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 craftsmanship 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.3/31/2009 830 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 chapter, and any changes thereto,before the criteria or changes shall become effective.(Ord.No. 12794,§ 1,8-17-98). Rev. 6/04-2014 831 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 architectural 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, structures, 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 Historic 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.3/31/2009 832 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, structures 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,architecture,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. 6/04-2014 833 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, fountains, 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 its 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.3/31/2009 834 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 pertinent 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 building, 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 Historic 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 fore going:buildings,fence, supporting towers and swimming poolsmay 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) Rev. 6/04-2014 835