HomeMy Public PortalAboutORD15760BILL NO. 2017-105
SPONSORED BY Councilman Henry and Councilwoman Ward
ORDINANCE NO. "15 -7Z�0
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 8,
BUILDINGS AND BUILDING REGULATIONS, PERTAINING TO REVIEW OF DEMOLITION
PERMITS BY THE HISTORIC PRESERVATION COMMISSION AND ESTABLISHMENT OF
PUBLIC HEARING PROCEDURES.
WHEREAS, the City Council of the City of Jefferson recognizes the need to preserve and
protect historic resources and notable architecture, and;
WHEREAS, the Historic Preservation Commission has been assigned the duty of
safeguarding the city's historic, cultural, aesthetic and architectural heritage,
among other duties, and;
WHEREAS, a process for review of proposals to demolish buildings by the Historic
Preservation Commission would help to protect historic resources and notable
architecture.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
Section 1. Sec. 8-32 (Permit to Demolish) is deleted in its entirety and reestablished
as follows:
Sec. 5-32. Permit to demolish.
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Sec. 8-32. Permit to demolish.
A. Permit Required. It shall be unlawful to demolish, remove, or relocate a structure or part of a
structure or accessory structure where said structure or accessory structure exceeds 120 square
feet of area in a commercial setting or 200 square feet of area in a residential setting, without first
filing an application for demolition with the Director 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.
B. Review Process Applications for demolition shall be reviewed in accordance with the following.
1. Application form. All applications to demolish or remove a structure shall be made to the
Department of Planning and Protective Services on the appropriate form supplied by the
Department.
2 Utility Disconnect A permit to demolish or remove shall not be issued until a release is
obtained from the utilities having service connections with the 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.
3 Storm Water Ouality and Grading. Demolition sites are subject to the stormwater
quality and grading permit regulations of Chapter 31, as well as applicable state and
federal regulations. Information regarding adherence to applicable stormwater and
grading regulations shall be submitted with the demolition permit application.
4 Review by Historic Preservation Commission. Applications to demolish or remove a
structure shall be subiect to the review requirements and regulations contained in Section
8-43 pertaining to Review of Demolition Permit Proposals by the Historic Preservation
Commission Where a Historic Preservation Demolition Clearance is required, issuance
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of a demolition permit shall not proceed prior to approval of Historic Preservation
Demolition Clearance. Nothing in Section 8-43 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.
Section 2. Section 8-43 (Reserved) is hereby amended with respect to establishment
of Historic Preservation Commission review processes associated with demolition permit
applications.
Sec. 8-43. ReseFved- Review of Demolition Proposals by Historic Preservation Commission.
A. Purpose and Intent. It is the purpose of this section to encourage and enforce the preservation of
notable historic structures and historic or notable architecture and to preserve the character of
historic streetscapes and areas.
B. Applicability. "Applications to demolish or remove a structure that meet one or more of the
following criteria shall be subject to the application requirements, regulations and review by the
Historic Preservation Commission in accordance with this section. Where only Historic
Preservation Commission Review is required, issuance of a demolition permit shall not proceed
until after approval of the application by the Historic Preservation Commission or the date of the
expiration of the 75 day review period, whichever occurs first, and applications for demolition
subiect only to the Historic Preservation Demolition Review process may not be denied nor
conditions placed upon them based on the regulations contained in this section. Where Historic
Preservation Demolition Clearance is required, issuance of a demolition permit shall not proceed
prior to issuance of Historic Preservation Demolition Clearance.
1. Demolition Applications Requiring Historic Preservation Commission Review.
a. Structures greater than 50 years old.
b. Structures designated as a Local Landmark
C. Structures listed on the National Register or located within a National Register
District.
2. Demolition Applications Requiring Issuance of Historic Preservation Demolition
Clearance.
a. Applications to demolish or remove a structure greater than 100 years old.
b. Applications to demolish or remove a structure located within a locally
designated historic district.
C. Public Hearing. For applications for demolition requiring a Historic Preservation Demolition
Clearance a public hearing in accordance with Section 8-47 shall be conducted prior to Historic
Preservation Commission action on the application. For appeals pursued in accordance with
Section 8-43.I, a public hearing in accordance with Section 8-47 shall be conducted prior to City
Council action on the appeal.
D. Application Requirements. Applications to demolish or remove a structure that is subiect to this
section shall include the following:
1. Application for Historic Preservation Demolition Permit Review or Historic Preservation
Demolition Clearance. The application may be submitted independently or concurrently
with an application for demolition permit.
2 Digital photographs of the structure taken within the last ninety days including
Photographs of all exterior sides interior rooms and stairwells. Photographs must show
all areas and characteristics of the principal and accessory structures, not just those areas
in disrepair. Interior photographs may be waived by the Director if the structure is
determined structurally unsound.
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3. Anolications reauiring Historic Preservation Demolition Clearance shall include the
following additional information:
a. The Historic Preservation Commission may request information regarding the
state of deterioration or disrepair or structural unsoundness of the structure,
and the practicability of rehabilitation. In order to expedite review time, said
information may be submitted with the initial application.
b. Plans for the preservation or salvage of notable historic or architectural features
and historic fixtures that may contribute to the finding of a notable structure.
F. Application Processing and Timeline.
1. Upon receipt of a complete application for demolition permit review or clearance by the
Historic Preservation Commission, the Director shall forward the application to the
Historic Preservation Commission for review. If a public hearing is required, the
Director shall initiate notification requirements in accordance with Section 8-47. The
Director shall maintain a calendar of filing deadlines associated with the application and
review process.
2. Applications requiring Historic Preservation Demolition Review. The Historic
Preservation Commission shall review applications for demolition permit review that do
not require Historic Preservation Demolition Clearance within 75 days of receipt of a
complete application by the Director or within two regularly scheduled meetings (where
the application was submitted at least 10 days prior to the first meeting),'whichever is
less. If the Historic Preservation Commission does not take action on the application
within the review period, the application is deemed approved.
3 Applications requiring Historic Preservation Demolition Clearance. The Historic
Preservation Commission shall review applications for Historic Preservation Demolition
Clearance in accordance with the public hearing requirements outlined in Section 8-47.
At the conclusion of the public hearing, the Historic Preservation Commission shall vote
to approve or deny the Historic Preservation Demolition Clearance . unless the
proceedings are continued in accordance with Section 8-47. If the Historic Preservation
Commission does not take action on the application in accordance with Section 8-47, the
application is deemed approved.
G Review Criteria. In reviewing an application for Historic Preservation Demolition Review or
Historic Preservation Demolition Clearance, the following criteria shall be considered:
1 Whether the structure is a notable structure with respect to historic value by reason of:
(a) its association with an event or events that sienificantly contributed to the broad
patterns of the history or architectural heritage of the city, county, state or
nation-, or
(h) its association with the life or lives of a person or persons significant in the
history of the city, county, state or nation; or
(c) its embodiment of distinctive characteristics of a type, design, period or method
of construction; or
(d) it represents the work of a master designer or architect or possesses high
architectural value; or
(e) it exemplifies the cultural political economic social or historic heritage of the
ci • or
(f) it contains elements of design, detail, material or craftsmanship which represent
a significant construction innovation; or
(g) it 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 a historic or
architectural motif, or
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h) it is an established and familiar visual feature of a neighborhood or of the entire
community or
(i) it has yielded, or is likely to yield archeological artifacts and/or information.
2. Whether the structure is a notable structure with respect to its demolition being
detrimental to:
(a) the visual or spatial relationship of the structure to designated landmarks,
national register sites, or the streetscape of a local historic district or national
register district; or
(b) the architectural, cultural, historic or contextual character of property
designated as a local historic landmark, local historic district, or building or area
listed on the National Register of Historic Places.
3 If found to be a notable structure with respect to item 1 or 2 above, the following shall be
considered:
(a) the state of deterioration, disrepair or structural unsoundness of the structure,
and the practicability of rehabilitation. The Historic Preservation Commission
may request the applicant to submit documentation or other, information
necessary to determine whether the property can be rehabilitated or restored
with a reasonable economic return to the owner.
(b) whether the property is located within an area identified for redevelopment
within the adopted comprehensive plan, and the nature of the intended
redevelopment.
(c) the nature of the surrounding area and the compatibility of the structure to
existing adiacent structures and land uses.
(d) the number of similar structures that exist within the City of Jefferson.
(e) plans for the preservation or salvage of notable historic or architectural features
and historic fixtures that contributed to the finding of a notable structure.
H Decision -maker. This Historic Preservation Commission shall review the application for
demolition review or Historic Preservation Demolition Clearance and shall approve or deny the
application based on the applicable review criteria. The decision of the Commission shall be
documented and the Director shall notify the applicant in writing of the decision of the
Commission.
I Appeal to City Council An application for Historic Preservation Demolition Clearance that is
denied by the Historic Preservation Commission may be appealed to the City Council. A written
request for appeal to the City Council shall be submitted to the Director within 30 days of notice
to the applicant of the Historic Preservation Commissions decision. The City Council, after
reviewing the circumstances of the application and the reasons for the denial, may vote to approve
or not approve a resolution granting Historic Preservation Demolition Clearance.
J Conditions that the Historic Preservation Commission or City Council May Impose. The
Commission or Council may impose conditions on the approval of a Historic Preservation
Demolition Clearance in order to ensure that the demolition complies with any applicable
requirements of this section that include, but are not limited to, the following:
1. to ensure that notable historic or architectural features or historic fixtures that
contributed to the finding of a notable structure are being salvaged or preserved.
2 to ensure that a structure found to be a notable structure and approved for demolition
clearance is properly documented for posterity.
3 to ensure that partial demolition of a structure found to be a notable structure does not
result in establishment of an exterior finish that is out of character with the structure.
4 other conditions that the Commission or City Council may deem appropriate to reduce
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the impact of the demolition with respect to the applicable review criteria.
Conditions imposed by the Historic Preservation Commission `may be appealed to the City
Council in the manner provided for in Section 8-43.I.
K. Validity.
1. Applications for Historic Preservation Demolition Review. Historic Preservation
Commission review of applications for demolition review that do not require Historic
Preservation Demolition Clearance shall be valid for a period of one year from the date
of approval of the application by the Historic Preservation Commission or the date of the
expiration of the 75 day review period, whichever occurred first.
2. Applications requiring Historic Preservation Demolition Clearance. An approval of
Historic Preservation Demolition Clearance shall be valid for a period of one year from
the date of approval by the Historic Preservation Commission or City Council, as
applicable. In the event that the applicant fails to obtain a demolition permit within one
year of approval of Historic Preservation Demolition Clearance, the applicant shall be
required to obtain a new Historic Preservation Demolition Clearance prior to demolition
permit issuance. In the event of expiration of a demolition permit prior to demolition and
after Historic Preservation Demolition Clearance has expired, a new Historic
Preservation Demolition Clearance shall be required prior to issuance of a new
demolition permit.
L. Penalty.
Section 3. Sec. 8-47 (Definitions) is hereby moved to a new Sec. 8-48 as follows:
See. . Sec. 8-48 Definitions.
Section 4. Sec. 8-48 (Definitions), previously Sec. 8-47, is hereby amended to
include the following definitions with all other definitions to remain unamended:
Director. The Director of the Department of Planning and Protective Services, or his or her
designee.
Local Historic District. A historic district established in accordance with Chapter 8, Article IV of
the City Code.
Notable Structure. A structure found to be notable per the review criteria listed in Section 8-
43.G.
Section 5. A new Section 8-47 is hereby created with respect to establishment of
public hearing procedures for Historic Preservation Commission and City Council review of
Preservation and Conservation applications, to read as follows.
Sec. 8-47 Public Hearing Procedures
A. Public Hearing. the following notification requirements and public hearing procedures shall
apply for matters requiring a public hearing before the Historic Preservation Commission and
such matters forwarded by the Historic Preservation Commission and requiring a public hearing
before the City Council:
1. Notification Requirements.
a. Property Sign. The Director shall post one or more distinctive signs, with
minimum dimensions of 24" x 24" giving notice of the date, time and place of the
hearing and of the action requested. The signs on the subject property shall be
posted at least ten calendar days but not more than 15 calendar days prior to the
hearing in conspicuous places visible from every street along the frontage of the
subiect property. The signs shall remain posted on the property until after the
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close of the public hearing. The failure to post signs upon the property or retain
notification signs upon the property shall not be grounds for invalidating any
action taken by the responsible decision making body.
b Agenda Notice. Notice of all public hearings shall be posted at City Hall at least
24 hours prior to any public hearing.
2. Public Hearing Procedures.
a Purpose The purpose of a public hearing is to allow the applicant and all other
interested parties a reasonable and fair opportunity to be heard, to present
evidence relevant to the application, and to have input into the process.
b. Conduct of the Hearing.
(t) Any person or persons may appear at a public hearing and submit
evidence either individually or as a representative of an organization.
Each person who appears at a public hearing shall state for the record,
his or her name address, and if appearing on behalf of an organization,
the name and mailing address of the organization.
(2) The order of proceedings shall be as follows:
a) The Director or appropriate staff member shall present a
description of the application and required findings if
applicable The findings shall address each applicable factor
required to be considered prior to action or approval of the
application;
(h) The applicant may present any information that the applicant
deems appropriate;
(c) Public testimony shall be heard first in favor of the proposal,
then in opposition to it;
(d) The Director or other staff member may respond to any
statement made by the applicant or any public comment;
(e) The applicant may respond to any testimony or evidence
presented by the staff or public; and
(f) The body conducting the hearing shall close the public portion
of the hearing and conduct deliberations prior to acting on an
application.
C. Record of Proceedings.
1) The bodv conducting the hearing shall record the proceedings by an
appropriate means as prescribed by rule and consistent with city code
and other applicable laws and regulations.
(2) Testimony and statements of opinions, the minutes of the secretary,
applications exhibits submitted all staff and advisory body reports and
recommendations and the decision and report(s) of the body before
which the hearing is heard, shall constitute the record.
(3) The record shall be open for inspection at reasonable times and upon
reasonable notice.
(4) The body conducting the hearing shall appoint, by rule, a custodian of
records.
d. Continuance of Proceedings.
(1) Any applicant or authorized agent of an applicant shall have the right to
one continuance before the Historic Preservation Commission or City
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Council, provided that a written request is filed.
(2) The hearing body may grant one continuance for good cause shown. All
motions to grant a continuance shall state the date on which the matter
is to be heard. A maiority vote of those members in attendance shall be
required to grant a continuance. The record shall indicate the reason
such continuance was made and any stipulations or conditions placed
upon the continuance.
(3) If a public hearing is continued, the Historic Preservation Commission
or City Council may direct the Director to renotify property owners or
repost public notice on the property, if such notice was required in the
first instance.
Section 6. Appendix Y, Schedule of Administrative Fees, Permits, Licenses and
Other Charges, is amended with the addition of the following fees pertaining to historic
preservation review of demolition proposals: .
Chapter Section Section Title Fee
843 Application'for,Historic Preservation Demolition $x3.00
,
ow
� .. Review
8 43 Application far.Histonc Preservation Demolition $105.00
Review and;Clearance
Section 7. Sec. 8-37 (Penalties) is hereby amended as follows:
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 dollars ($500.00) one thousand dollars ($1,000) 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.
Section 8. This ordinance shall be in full force and effect from and after its passage
and approval.
Passed:
Presiding Officer--
ATTEST:-
fficer-ATTEST:` -t 7-
: s
Approved:
Mayor l
APPROVED AS TO FORM:
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NOTICE OF PUBLIC HEARINGS ON PLANNING AND ZONING MATTERS
The City Council of the City of Jefferson, Missouri, will hold public hearings on the following planning and
zoning matters on Tuesday, January 2, 2018 at 6:00 p.m. in the Council Chamber of the John G. Christy
Municipal Building, 320 East McCarty Street, Jefferson City, Missouri.
1. AMENDING CHAPTER 8 PERTAINING TO HISTORIC PRESERVATION REVIEW OF
DEMOLITION PROPOSALS. Request filed by city staff to amend the text of Chapter 8,
Buildings and Building Regulations, establishing procedures and regulations with respect to
Historic Preservation, Commission review of demolition proposals. The proposed regulations
would include provisions that could prevent the issuance of demolition permits for structures
meeting certain requirements and found to be historically significant. The complete text of the
amendment is available for review at the Department of Planning and Protective Services, 320 E.
McCarty Street, or may be viewed at the Planning and Zoning Commission webpage at
www.jeffersoncitymo.gov.
2. ZONING CODE TEXT AMENDMENT PERTAINTING TO SHORT TERM RENTALS. Request
filed by city staff to amend the text of Chapter 35, Zoning, with respect to establishment of short
term rental of a residence or lodging room as a permitted use in the commercial and mixed use
districts and as a special exception use in the residential and industrial districts and
establishment of specific use standards pertaining to short term rental of a residence or lodging
room. The complete text of the amendment is available for review at the Department of Planning
and Protective Services, 320 E. McCarty Street, or may be viewed at the Planning and Zoning
Commission webpage at www.jeffersoncitymo.gov.
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 with questions regarding these matters.
Phyllis Powell, City Clerk, City of Jefferson, Missouri
P.T. - Friday, December 15, 2017
For contact information only.
Department of Planning and Protective Services/Planning Division
320 East McCarty Street, Room 120, Jefferson City, Missouri 65,101
Contact: Anne Stratman or Janice McMillan
Phone (573) 634-6475 Fax (573) 634-6457