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NOTICE OF SPECIAL MEETING AND TENTATIVE AGENDAi
City of Jefferson Historic Preservation Commission
Thursday, February 23, 2017 ~ 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. Old Business
a. Demolition Ordinance Review
4. Dates to Remember
a. Next Meeting, March 14, 2017
5. Adjournment
Rev. 3/31/2009
1
ARTICLE III. DEMOLITION OR REMOVAL OF BUILDINGS
Sec. 8-32. Permit to demolish historic buildings.
A. Review Determination: Any principal and/or accessory building(s) 50 years old or older that falls
within the Historic Preservation Commission Boundary area, or is designated a city landmark, or is
located in a designated city historic district, or is listed in the National Register of Historic Places
shall be subject to review by the Historic Preservation Commission. The City of Jefferson Historic
Preservation Commission shall review this ordinance at least once every five (5) years, or as they
deem necessary.
B. Boundary Establishment: This ordinance establish es the Historic Preservation Commission
Boundary and is defined as an area established within the corporate boundaries of the City of
Jefferson to be named “Historic Preservation Commission Boundary” which includes primarily the
older neighborhoods and commercial areas within the City; the specific area is described as
follows:
Beginning at the intersection of Boonville Road and Belair Drive thence south to Main Street,
thence east on Main Street to Dix Road, thence south on Southwest Boulevard to Stadium
Boulevard, thence east along Stadium Boulevard, to Leslie Boulevard, thence east along Leslie
Boulevard to Moreau Drive, thence south following Moreau Drive to Green Berry Roa d, thence
east on Seven Hills Road to Bald Hill Road, thence north on Bald Hill Road to property frontages
east along 700 & 800 Block of Cardinal St reet to 1400 block of Cottage Lane to 600 Block of
Gordon Street to 1400 block of East Elm Street thence east to 400 block of Vetter Lane, thence
north to 1500 block of East McCarty Street, thence east to 100 block of Grant St over to Riverside
Drive, thence north on Riviera Street thence west along the City Limits and the Missouri River to
the point of beginning.
C. Purpose: The purpose of the review of permit applications for demolition or relocation of principal
and/or accessory building(s) described in Part A of this section is to prevent the loss of principal
and/or accessory building(s) that potentially have historical or architectural significance. The
review process shall also provide the time necessary to determine if the principal and/or accessory
building(s) is eligible for designation as an individual landmark, contributes to a local Conservation
or Historic District or to consider alternatives to demolition for the principal and /or accessory
building(s).
D. Demolishing or Removing: Includes the act of either demolishing or removing:
1. Fifty percent or more of the roof area as measured in plain view (the view of a principal
and/or accessory building(s) from directly above which rev eals the outer perimeter of the
principal and/or accessory building(s) roof areas to be measured across a horizontal plane);
or
2. Fifty percent or more of the exterior walls of a principal and/or accessory building(s)as
measured contiguously around the princ ipal and/or accessory building(s) coverage; or
3. Any exterior wall facing a public street, but not an act or process which removes an
exterior wall facing an alley.
Comment [AJ1]: (BW) Seems to be too broad of
a scope.
Rev. 3/31/2009
2
a) The wall shall retain studs or other structural elements, the exterior wall finish,
and the fully framed and sheathed roof above that portion of the remaining
principal and/or accessory building(s) to which such a wall is attached;
b) The wall shall not be covered or otherwise concealed by a wall that is proposed to
be placed in front of the retained wall; and
c) Each part of the retained exterior walls shall be connected contiguously and
without interruption to every other part of the retained exterior walls.
or;
4. Accessory principal and/or accessory building(s) such as garages, sheds, fences, and so
forth which contribute to the character of the site.
E. Permit Required. It shall be unlawful to demolish or remove relocate any principal and/or
accessory building(s) as described in Part A of this section 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 for a permit, receiving the permit, and conducting the demolition or relocation of
the principal and/or accessory building(s) before the permit expire s. 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 failure to maintain it in a condition of good repair and maintenance. The
demolition application shall be in a form promulgated by the department. Beginning work to A
permit to demolish or remove relocate shall not be issued commence until a release is obtained
from the utilities having service connections with the building. The release shall state tha t service
connections and appurtenant equipment, such as meters and regulators, have been removed or
sealed and plugged in a safe manner. Any application for demolition or removal shall be subject to
a sixty (60) day review period by the CJHPC, except any application made to demolish or remove
any building, structure or humanly constructed object built less than fifty (50) years prior to the
date of application, which shall have been determined to have no historic or architectural
significance by the Department of Planning and Protective Services under the criteria set out in
paragraph C. Any recommendation by the CJHPC shall be advisory only. Nothing in this section
shall be construed so as to prohibit the building commissioner official from acting under any
emergency provisions of Chapter 8 of the Code of the City of Jefferson, Missouri. (Ord. No. 12941,
§1, 6-21-99; Ord. No. 13106, §1, 9-5-2000)
An application for permit to demolish or relocate any principal and /or accessory building(s) that
falls under part A of this section must contain the following:
1. A copy of the historic preservation checklist.
2. Photographs as digital files of all exterior sides, interior rooms, and stairwells taken within
the last ninety (90) days. Photographs must show all areas a nd characteristics of the
principal and/or accessory building(s), not just those areas in disrepair. Interior
photographs may be waived if the principal and/or accessory building(s) is determined
structurally unsound by the Department of Planning and Protective Services.
3. Photographs of front exteriors of surrounding properties.
4. A map identifying the location of the property.
5. A plot plan showing the principal and/or accessory building(s) footprint(s).
6. Plans for site improvements including; site plan, floor plans, and elevations if a new
principal and/or accessory building(s) is planned.
7. Notarized signatures of all owner’s-of-record along with proof of ownership.
8. A statement from the owner addressing why the property cannot be rehabilitated or sold to
private or public bodies interested in restoring the site and principal and/or accessory
Comment [AJ2]: Staff initiated change to
provide clarification of an application process.
Comment [AJ3]: Staff initiated change to correct
title.
Comment [AJ4]: *Added by staff to clarify that
the historic preservation checklist is required to be
completed.
Comment [AJ5]: (BW) This seems unduly
burdensome on the landowner.
Comment [AJ6]: (BW) This is not relevant to
whether or not a building should be demolished.
Comment [AJ7]: (BW) The City does not require
this for other permits.
Rev. 3/31/2009
3
building(s).
After examining an application and finding that it is in proper form, contains all necessary
information, and complies with all applicable provisions of city ord inance, the department shall
initiate the review process.
F. Review Process. The Director of Planning and Protective shall determine within ten (10) working
days after the Department has accepted a completed permit application if the principal and/or
accessory building(s) falls under the description of Part A of this section. The applicant shall be
notified within ten (10) working days of this decision.
1. Issuance of a Permit: The permit application shall be referred to the City of Jefferson
Historic Preservation Commission (CJHPC) for review. The CJHPC shall provide a
recommendation on the issuance of the permit within seventy-five (75) days from the date
that a completed application is accepted.
2. Notice of Meeting: The Department of Planning and Protective S ervices shall publish one
public notice of the time, place and subject matter of the CJHPC Meeting in a newspaper
of general circulation in Jefferson City at least ten (10) working days before the meeting.
At least ten (10) working days but not more than f ifteen (15) calendar days before the
meeting, the Department of Planning and Protective Services shall also:
a) Post the property subject to indicate that a demolition permit review has been
requested. Minimum dimensions for the sign should be 24” x 24” giv en notice of
the date, time, and place of the hearing and action requested. The sign shall
remain posted on the property until after the close of the public hearing. The
failure to post signs or retain notification signs on the property shall not be
grounds for invalidating any action taken by the responsible decision making
body;
b) Notice of all public hearings shall be posted in City Hall at least 24 hours prior to
any public hearing;
c) Written notice shall be sent by regular first class mail to each affe cted property
owner at the mailing address listed in the official records of the Assessor’s Office
in the county in which the property is located. Affected property owners shall
include the subject property and property within 185 feet of the boundaries of the
subject property drawn parallel to the boundaries excluding intervening streets,
and other public rights-of-way. The mailed notice shall include a statement
explaining that this is a courtesy notice and not required by law. The failure of
property owner(s) to receive notice by mail shall not be grounds for invalidating
any action taken by the responsible decision making body.
d) Published notice(s) and mail notification shall include the time date and place of
the public hearing, the location of the property including a legal description, and
a statement that interested parties shall be given a chance to be heard.
e) The City shall post the notice on the City’s website.
3. Commission Review: The CJHPC shall hold a public meeting on the permit application
within seventy-five (75) days after the Department of Planning and Protective Services
accepts a completed application. If the CJHPC fails to hold a public meeting within
seventy-five (75) days after the Department of Planning and Protective Services accepts a
completed permit application, the Department of Planning and Protective Services shall
issue the permit if all other requirements of the permit process have been met. The CJHPC
Comment [AJ8]: (BW) Any denial based on the
owner not selling their property could be an
unconstitutional taking. This clause should be
changed to “A statement from the owner as to why
the property should be demolished.”
Comment [AJ9]: (BW) Seems unreasonable in
duration, and could be an unconstitutional taking.
Comment [AJ10]: (BW) Where will the money
come from?
Comment [AJ11]: (BW) It is better to have the
“review” as an agenda item at a regular commission
meeting. And reviews should be done within 30 days
of the application being made.
Rev. 3/31/2009
4
shall consider and base its recommendation upon any of the following criter ia:
a) The historic value of the principal and/or accessory building(s) or 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;
b) The visual and spatial relationship of the principal and/or accessory building(s) to
designated or potential historic landmarks or historical districts;
c) The state of deterioration or disrepair as it relates to the historic integrity of the
principal and/or accessory building(s);
d) The Commission may also consider the number of similar principal and/or
accessory building(s) that still exist within the City of Jefferson.
4. Recommendation of The CJHPC : If the CJHPC finds that the principal and/or accessory
building(s) to be relocated or demolished do not have historical signific ance under the
criteria set forth in subsection (3 a -d) of this article, the CJHPC shall recommend the
Department of Planning and Protective Services issue the permit if all other requirements
of the permit process are met. If the CJHPC finds that the principal and/or accessory
building(s) have historical significance under the criteria set forth in subsection (3 a -d) of
this section, the application shall be recommended for denial and forwarded to the City
Council. The applicant shall be notified in writin g within ten (10) working days of the
CJHPC recommendation.
5. Decision of the City Council: City Council, by ordinance, may affirm or reject the
CJHCP’s recommendation to deny the application. If the City Council rejects the
CJHPC’s recommendation to deny the application, the application shall be suspended for a
period not to exceed one hundred eighty (180) days from the date the Council makes a
final determination.
6. One Hundred Eighty Day Stay Period: During the period of a stay of the issuance of a
permit for demolition or relocation, the CJHPC may take any action that it deems
necessary and consistent with this chapter to preserve the principal and/or accessory
building(s) including but not necessarily limited too; consulting with civic groups, public
agencies and interested citizens, recommending acquisition of the property by private or
public bodies or agencies, exploring the possibility of moving the principal and/or
accessory building(s) that would otherwise be demolished and salvaging materials. If an
individual landmark or district designation has not been initiated during the one hundred
eighty day period, the Department of Planning and Protective Services shall issue a permit
if all other requirements of the permit process have been met.
7. Appeal of City Council Decision: The applicant may appeal the City Council’s decision to
deny issuance of a demolition permit to the Circuit Court of the county in which the
principal and/or accessory building(s) is located.
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
Comment [AJ12]: (BW) Any recommendation
should be made to the Director of PPS. The Director
then decides to issue or deny the permit. The
landowner may then seek review by the Council.
This is how the City’s administrative review process
has been established, and it meets the procedural
requirements of the state administrative procedures
act.
Comment [AJ13]: (BW) No remove
Rev. 3/31/2009
5
within the last ninety (90) days; and 2) a statement from the owner addressing why the
property cannot be rehabilitated or restored with a reasonable economic return to the
owner. After examining an application and finding that it is in proper form, contains all
necessary information, and complies with all applicable provisions of city ordinances, the
department shall forward a copy of the application to CJHPC. (Ord. No. 15184, §1,
10-21-2013.
2. CJHPC. The CJHPC may have a sixty (60) day period for review of every application for
a demolition permit subject to this section. The CJHPC shall es tablish procedures to
expedite the review of applications for permits to demolish structures.
(Ord. No. 12941, §2, 6-21-99)
G. Standards of Review for a Permit to Demolish.
1. 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;
2. The visual and spatial relationship of the building or structure to designated or potential
historic landmarks or historical districts;
3. The state of deterioration or disrepair or structural unsoundness of the building or
structure, and the practicability of rehabilitation. The CJHPC may request the applicant to
submit documentation beyond that which is specified in the application in a form specified
by the CJHPC or other information necessary to determine whether the property can be
rehabilitated or restored with a reasonab le economic return to the owner. (Ord. No. 15184,
§1, 10-21-2013)
H. Approval or disapproval. Within five (5) days after either:
1. the CJHPC’s determination: or
2. the expiration of the sixty (60) day review period, whichever occurs first, the director of
Planning and Protective Services shall approve or not approve the application. A negative
recommendation by the CJHPC shall not be grounds for disapproval of the application.
(Ord. No. 14691, §2, 6-21-2010; Ord. No. 9154, § 1, 8-21-78; Ord. No. 10397, § 7, 4-1-85; Ord. No. 11737,
§ 1, 5-4-92; Ord. No. 12794, §2, 8-17-98)
Sec. 8-33. Penalties, permit fee & insurance requirements for historic buildings.
A. Penalties: The penalty for the unlawful demolition of a principal and/or a ccessory building(s) in
violation of this article is a fine of ninety percent (90%) of the assessed value of the real property of
the most recent assessment done by the Cole County Assessor’s Office or by imprisonment not to
exceed one hundred eighty (180) days or both. In addition to any other remedies prescribed by this
article the Department Director may impose a two (2) year ban on the issuance of any building or
structure permit for the parcel of land on which the unlawfully demolished principal and/o r
accessory building(s) were located as well as to individual(s) who demolish a principal and/or
Comment [AJ14]: Staff added to clarify the
penalties and fees are for historic buildings only.
Comment [AJ15]: (BW) No, exceeds the
maximum fine in which a municipality can impose.
Our cap is $1,000.
Comment [AJ16]: (BW) This amounts to an
unconstitutional taking.
Rev. 3/31/2009
6
accessory building(s) that fall under 8 -32 Part A without first obtaining and fully complying with
the provisions of a demolition permit.
B. Fees: No permit to remove or demolish a building shall be issued until a fee as set out in Appendix
Y shall have been paid/submitted to the Department of Planning and Protective Services.
C. Minimum permit application fee shall be no less than three hundred and ten dollars and no cents
($310).
No permit to remove or demolish a building shall be issued until a fee as set out in Appendix Y
shall have been paid to the department of Planning and Protective Services or other authorized
municipal agency.
(Ord. No. 9154, § 3, 8-21-78; Ord. No. 9534, § 1, 10-20-80; Ord. 14272, §5, 10-15-2007)
Sec. 8-32 34. Permit to demolish properties not meeting the definition of Sec. 8-32.
I. Permit Required. It shall be unlawful to demolish or remove without first filing an application
with the Director of Planning and Protective Services or his or her designee in writing and
obtaining a demolition permit. 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 failure to
maintain it in a condition of good repair and maintenance. The demolition application shall be in a
form promulgated by the department. Beginning work to demolish or remove shall not commence
until a release is obtained from the utilities having service connections with the building. 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. 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, Mis souri. (Ord. No. 12941, §1, 6-21-
99; Ord. No. 13106, §1, 9-5-2000)
Sec. 8.35. Permit fee
No permit to remove or demolish a building shall be issued until a fee as set out in Appendix Y shall have
been paid/submitted to the Department of Planning and Protective Services.
(Ord. No. 9154, § 3, 8-21-78; Ord. No. 9534, § 1, 10-20-80; Ord. 14272, §5, 10-15-2007)
Sec. 8-34 36. Maintenance of vacated premises.
Whenever a building is demolished or removed, the premises shall be maintained free from all
unsafe or hazardous conditions by the proper regulation of the lot, restoration of established grade and the
erection of the necessary retaining walls and fences in accordance with the provisions of Article 13 of the
city's building code.
(Ord. No. 9154, § 4, 8-21-78)
Comment [AJ17]: Staff initiated change to
match Section 8-35. Yes I realize it is somewhat
duplicated in letter C.
Comment [AJ18]: (BW) Fees seems
unreasonable. This would be the highest permit fee
in the City. Could argue that this high of a fee
amounts to an unconstitutional taking.
Comment [AJ19]: Staff added section; The first
section is the demolition application process for
historic properties. This section would cover all
other demolition applications.
Comment [AJ20]: Clarification of original code
language.
Rev. 3/31/2009
7
Sec. 8-35 37. Grading of lot.
When a building has been demolished or destroyed by fire or other natural ca uses 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 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 pre vent 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 38. 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 39. 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 dollars ($500.00) or by imprisonment not to exceed one
hundred eighty (180) days, 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 40- 8-48. Reserved.