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Home My Public Portal About2022-06-02 packetIndividuals 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. Meeting will be canceled if Jefferson City Public Schools is canceled or has a late start: https://www.jcschools.us/ NOTICE OF REGULAR MEETING AND TENTATIVE AGENDAi City of Jefferson Historic Preservation Code Revision Committee Thursday, June 2, 2022, at 5:30 p.m. Boone-Bancroft Room-John G. Christy Municipal Building-320 E. McCarty Street Virtual Option https://jeffersoncity.webex.com/jeffersoncity/j.php?MTID=me31254d93078a20f78ae69f1806e3fbe Password: 1234 Join by Phone: 14043971516 Access Code: 146 198 9745 TENTATIVE AGENDA 1.Introductions and Roll Call 2.Adoption of Agenda (as printed or reordered) 3.Approval of Meeting Minutes from May 5, 2022 4.Old Business A.Dangerous Building Process B.Demolition 5.New Business 6.Other Business 7.Dates to Remember A.Next Regular Meeting Date, July 7, 2022 8.Adjournment City of Jefferson Historic Preservation Code Revision Committee Minutes Regular Meeting – Thursday, May 5, 2022, 2022 Boone/Bancroft Room and Virtual WebEx Meeting Committee Members Present Bunnie Trickey Cotten Donna Deetz Debra Greene (arrived at 5:43) Roger Jungmeyer Holly Stitt Steve Veile Stacey Young Committee Members Absent Glover Brown Cassandra Gould Doug Record Brad Schaefer Staff Present Ryan Moehlman, City Attorney Rachel Senzee, Neighborhood Services Supervisor Karlie Reinkemeyer, Neighborhood Services Specialist Anne Stratman, Neighborhood Services Specialist Call to Order Ms. Cotten called the meeting to order at 5:30 p.m. Procedural Matters The committee discussed replacing Doug Record and Cassandra Gould. Staff will be contacting them for official notice of resignation. Staff will contact potential candidates for these positions. Rachel has reached out to Eric Landwehr and he is considering it. Another candidate, Christine Boston, anthropologist at Lincoln, has reached out for consideration. Staff will also reach out to Gregory Butler, who sits on Planning and Zoning Commission. Adoption of Agenda Ms. Young moved and Ms. Stitt seconded to adopt the agenda as printed. The motion passed unanimously. Approval of Meeting Minutes from May 5, 2022 Mr. Veile moved and Mr. Jungmeyer seconded to adopt the Regular Meeting Minutes of May 5, 2022 as written. There was no discussion. The motion passed unanimously. Call for cases NA Requests for continuance NA Reordering of the Agenda NA 2 Old Business A. Article IV – Recommendations from the last meeting The Committee reviewed changes made by staff to Article IV, page 6 of the packet, Section 2.a.1 & 2.a.2 regarding the differences in permitting of contributing and non-contributing structures as opposed to having both of these covered in one section. Ms. Senzee explained that City Staff would approve all permit applications that clearly meet the design standards of a local historic district. All other permit applications would be sent to the Historic Preservation Commission which shall approve, approve with conditions, or deny said application based on the following acts: a. Action on alterations of, reconstruction of, or addition to the exterior of any structure which constitutes all or part of a structure located in a designated local historic district: i) Action on proposed alterations, reconstruction, or additions to contributing structures. The Historic Preservation Commission shall base reviews of applications on adopted design standards, policies, guidelines, and information found in the designation application. The HPC may request additional information as necessary to undertake its review. When dealing with a proposed alteration of, reconstruction of, or addition to the exterior of a contributing structure in a local historic district, the HPC shall place the emphasis on applying the appropriate design standards to said structure with a view to preserving the historic significance of the basic structure. ii) Action on proposed alterations, reconstruction, or additions to non-contributing structures. When dealing with a proposed alteration of, reconstruction of, or addition to the exterior of a noncontributing structure in a local historic district, the Historic Preservation Commission shall place the emphasis on preserving the historic character of the local historic district rather than preserving the character of the structure to be altered, reconstructed or added. Donna Deetz moved to approve these sections as written and Holly Stitt seconded the motion to approve the changes to the code. The motion passed unanimously. The committee moved on to discuss the changes made to page 7 of the guidelines which outlines what the HPC will do with the permits. (1) W hen the requested work is acceptable-a certificate of appropriateness is issued in support of the permit. (2) When the requested work is unacceptable-the application will be approved with conditions that shall be adhered to. The Historic Preservation Commission shall state the reasons for the conditions, citing adopted design standards, policies and guidelines. (3) When the requested work is unacceptable, the application may be denied. The Historic preservation Commission shall state the reasons for the denial, citing adopted design standards, policies and guidelines. Rachel pointed out a comment regarding the denied applications regarding whether or not there would be an appeal process. Ms. Trickey-Cotton asked General Counsel Ryan Moehlman for guidance on this process. Ryan stated that these type of appeals, by statute, would go to the Board of Adjustment. Whether it is written in or not, these appeals would automatically go to the Board of Adjustment, so it is best to write it in. Ms. Greene asked how this process would work with the permitting process. Would the permit go to them after it is approved or denied to be issued, or not. The best way to think about this is that this is a component of the building permit process. Likely, what would happen is a concurrent work from the building code permit staff and Historic Preservation staff working on an application at the same time. 3 Ms. Deetz made a motion to approve the first three conditions and add fourth section to this process, and Ryan said that it would be best; (4) If the HPC denies the application, and or asserts conditions to the application, any appeal of the HPC decision should go to the Board of Adjustment. Ms. Stitt seconded the motion. The motion was passed unanimously. Rachel explained that 2(b) should be altered to specify “new” construction. Ms. Trickey Cotton requested a motion on the corrected verbiage. Miss Young made the motion to change the verbiage to state “New construction of any structure located within a designated local historic district or National Register Historic District.” Ms. Greene seconded the motion. Before it was passed, Ryan stated that there are no standards attached to this and that it should be similar to what is in 2(a) which will apply to 2(b) as well. It could probably be word for word as to what is in 2(a). The Committee unanimously agreed to pass the amendment as modified to include the word “new”. Holly made a motion to add the sections (i) and (ii) below section (2)(b) to include standards. Donna seconded the motion. The motion was passed unanimously. Ms. Greene asked, “When a permit comes in and its for new construction and it meets all the guidelines, then it does not go to HPC?” Rachel stated that we will have to know what those guidelines are. Rachel pointed out that the Secretary of the Interiors Standards has a section on new construction and that we could adopt what they do. Rachel stated that staff would add the language and review it at the next meeting. The next section discussed was (3) “Approval of the Permit” - The permit cannot be approved without a certificate of appropriateness by the commission or its designated staff liaison. a) Upon approval of a permit, a certificate of appropriateness (“COA”) shall be issued which shall state the approved work and any conditions to said approval. A copy of the COA shall be displayed along with and in the same manner as any building permits issued for the same work. The COA shall be valid for three (3) years from the original date of issuance. If construction has not started within said three-year period, or if an active building permit has not been issued by the Department of Planning and Protective Services, the applicant must submit a new application. After discussion by the committee, it was agreed to change the term “staff liason” to “director”. Holly motioned to change staff liaison to director. Donna seconded. The motion was passed unanimously. New Business Article V - Demolition – (1) Review of demolition permit. Demolition of any structure which constitutes all or part of a local landmark, or all or part of a structure located in a in a designated local historic destrict, or any property listed on the National Register of Historic Places or within a designated National Register District; Application for a proposed demolition must be made to the Historic Preservation Commission. An application for a demolition permit fulfills this requirement. The Historic Preservation Commission shall not review demolition permits for buildings that have been declared dangerous, per Section ##. The Historic Preservation Commission shall take action on such an application at a regularly scheduled meeting. Upon receipt of a complete application, 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 ##. The Director shall maintain a calendar of filing deadlines associated with the application and review process. 4 This language pertains to buildings that are specifically located within a district or designated landmarks as opposed to somebody just sitting in 100 year old house. Ryan pointed out that, two meetings ago, the committee took an action that separated out the local landmarks from the historic districts and were treating the landmarks as honorary only, so that calls into question as to whether or not you want to continue that distinction in this section as well. Steve Veile suggested that “local landmark” be kept in this section. Steve Veile moved that Article V, Section 1 be approved as presented. Debra Greene seconded the motion. The committee approved the motion with the exception of Holly Stitt. When asked why she had opposed, Ms. Stitt replied that she does not think “declared dangerous” in a historic section should be allowed to not be put in front of a review. Review of Demolition Permit Section (1) (b) Review processes without a public hearing. (c) (d) (e) (f) were also reviewed for the committee. Ryan explained that he does not understand why this is not a two-meeting process, because the HPC can approve without a public hearing certain things. What happens if it becomes a problem and they determine that they don’t want to approve it, then you have to have a public hearing. And if you have to have a public hearing, you have to come back and it becomes a two-meeting process. In reference to b & c. Ryan stated that he does not think there would be a demolition process that exceeds 60 days. He stated that there should be a hearing on everything. After discussion it was decided to add back a, and add some administrative staff level review. And instead of having the difference between having a public hearing for all demolition unless it has been determined that there is no need. And it does say non-contributing accessory structures or outbuildings, so it would not be if it is the main structure. It would have to be a detached building, or an accessory structure. Non- contributing structures would have to go through the hearing process. After much discussion, it was decided that the committee would send this section back to staff for edits. Is any activity within a historic district related to historic preservation of that district? Even if that activity mainly involves noncontributing structures. Rachel reminded the committee that during the criteria for designation process, they deliberately did not assign an age to the property, so if you had a new construction building that went in and you felt like it fit the historic value, you could amend the district to receive that new construction. Rachel asked if the committee wanted it to say noncontributing everything or just noncontributing accessory structure at a staff level review? Rachel also clarified that just because staff is getting it doesn’t for a public hearing does not mean it will not go before HPC. The committee decided that if it goes to HPC, there will need to be a public hearing. Unless it is a staff level review, then it just gets its demo permit. Is that for contributing structures or accessory structures? Ryan suggested that staff review other city codes on contributing structures and accessory structures and structure code accordingly. Rachel next reviewed (e) and (f). Determination and appeal to demo Steve Veile asked (f), about does the appeal go to the City Council or to the Board of adjustment. Ryan stated that in this type of situation, where the HPC is making a decision after a public hearing process, sending it to the City Council would be appropriate. It is not acting in place of the building permit official. 5 Mr. Veile next asked about the three-year time span. Rachel explained with the example of Central Electric. They had three structures. They wanted to drop one, move all those folks into that building and construct the structure they are working on now and then, when they get everybody moved into that new building, drop the other two structures. Instead of stopping and going, they will have enough time to finish without an extension. After an extended discussion, the committee decided to have staff add specific criteria for demolition that will qualify structures for demolition. The committee asked for boxes to check. Ryan stated that a court, in the absence of established criteria, the court is bound to err on the side of the property owner. Rachel asked if the committee would like economic factors play into the criteria they are requesting, (i.e. it is too expensive to make the repairs vs. demo). Ryan thinks you have to, because if you don’t, a court will have to analyze it under a regulatory analysis. It is the property owner’s responsibility to provide sufficient evidence so that the HPC can make a reasonable decision. Mr. Veile asked about Article 5, section 1, that last part about dangerous buildings. What kind of a review does it get, if the city staff says, that is a dangerous building, is that it, or does the City Council have to review it. What is the definition of a dangerous building? Ryan stated that it is a staff determination that a property owner can seek a quasi-judicial hearing to appeal the determination. Rachel proposed that the committee put the “dangerous buildings” conversation on the next agenda. Rachel offered to ask Dave Helmick to come to the next meeting to explain the process to the committee. Dates to Remember The next regular meeting is scheduled for June 2, 2022 at 5:30 p.m. in the Boone/Bancroft Room. Adjournment Ms. Stitt moved and Mr. Veile seconded to adjourn the meeting at 7:11 p.m. The motion passed unanimously. 5/31/2022 1 Dangerous Buildings The purpose of the Dangerous Building ordinance is to provide a just, equitable and practicable method for the repairing, vacation or demolition of buildings or structures that may endanger the life, limb, health, property, safety, or welfare of the occupants of such buildings or general public. 5/31/2022 2 What is a Dangerous Building? •Sec. 8‐82. ‐Dangerous buildings defined •All buildings or structures that are detrimental to the health, safety, or welfare of the residents of the City of Jefferson and that have any or all of the following defects shall be deemed "dangerous buildings": •A. Those with interior walls or other vertical structural members that list, lean, or buckle to such an extent that a plumb line passing through the center of gravity falls outside the middle third of its base. •B. Those that, exclusive of the foundation, show 33 percent or more damage or deterioration of the supporting member or members or 50 percent damage or deterioration of the non‐supporting enclosing or outside walls or covering. •C. Those that have improperly distributed loads upon the floors or roofs, or in which the same are overloaded or that have insufficient strength to be reasonably safe for the purpose used. •D. Those that have been damaged by fire, wind, or other causes so as to become dangerous to life, safety, or the general health and welfare of the occupants or the people of the City. •E. Those that are so dilapidated, decayed, unsafe, unsanitary, or that so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, safety, or welfare of those occupying such building. •F. Those buildings built in violation of any safety provision of the building code, electrical code, plumbing code, mechanical code, minimum housing standards code, or the fire prevention code of the City, or used in violation thereof. •G. Those having light, air, and sanitation facilities that are inadequate to protect the health, safety or general welfare of human beings who live or may live therein. 5/31/2022 3 •H. Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes, or other adequate means of evacuation. •I. Those that have parts thereof that are so attached that they may fall and injure members of the public or property. •J. Those that are a fire hazard existing or erected in violation of the terms of this article or any ordinance of this City or statute of the State of Missouri. •K. Those that because of their condition are unsafe, unsanitary or dangerous to the health, safety, or general welfare of the people of this City. Dangerous Building Process •Owner of property is given notice to abate dangerous conditions •This could include repair, vacation, or demolition of dangerous Structure. •Owner has minimum of 30 days to commence action. •No action Commenced •If no action is commenced a hearing is called. Hearing has to be scheduled. If owner is reachable the hearing is scheduled a minimum 15 days out. If unable to reach via certified mail then the hearing notice is published in newspaper for 4 weeks at least 45 days in advance of hearing. Notice goes to all involved parties including banks with liens and others listed on title report. •Hearing Held 5/31/2022 4 •Finding of Fact Issued •If property found to be in violation it is ordered to be abated. •Finding of Fact gives 30 days to commence action on repairs •Owner Complies •Case closed and City monitors corrective actions •Owner is Non‐Compliant •City abates violations •City receives bids and commences repairs. •City secures structure and prepares for possible future abatement •Owner may receive a summons to appear in Municipal Court for misdemeanor offenses. •If cost to repair is 50% or more of the accessed value of the structure the City shall demolish the dangerous structure. Sec. 8‐87.A & RSMO 67.410 •Entire process takes 4‐6 months to get to point of City action. Due to lack of funding many properties sit secured waiting for future abatement. •01/2019‐01/2022 The City has declared 94 structures dangerous under Chapter 8 Article VI Dangerous Buildings Regulations. Dangerous buildings are referred to us from Tenants, JCPD, JCFD, DHSS, Animal Control and other outside agencies. Of the 94 structures: •49 remain active and in some stage of the process. •45 are closed •33 were closed due to owner of property commencing action and removing the dangerous conditions •12 were abated by the City after non‐compliance from the owners •2 Fire Burns •1 Unsanitary Conditions •9 Structural –storm damage, neglect, structural failure 5/31/2022 5 Neglect 5/31/2022 6 5/31/2022 7 Fire Burn Hoarding 5/31/2022 8 Unsanitary 5/31/2022 9 Storm Damage 5/31/2022 10 Other Dangerous Buildings 5/31/2022 11 Questions? 1 Article III. Designation of Local Historic Districts and Local Landmarks Sec. #-#. – Statement of Purpose. The City of Jefferson Historic Preservation Commission, City Council, and any participating property owners may identify potential local historic districts and local landmarks based upon the criteria identified in this article and the Secretary of Interior Standards. Sec. #-# - Criteria for Designation A. The Historic Preservation Commission shall consider the following factors when designating a local historic district or local landmark: 1. Whether the proposed local historic district and/or local landmark possesses significant character or value as it relates to the heritage or culture of the community, county, state, or nation; 2. Whether the location of the site and/or landscape is significant to a local, county, state, or national event; 3. Whether the proposed local historic district and/or local landmark has an association with person(s) of significance to the community, county, state, or nation; 4. Whether the proposed local historic district and/or local landmark includes the embodiment of a notable architectural style with the associated distinguishing characteristics; 5. Whether the proposed landmark was produced by a significant architect or designer; 6. Whether the proposed local historic district and/or local landmark contains natural or built design elements that make the structure or site unique; or 7. Whether any prehistoric/historic site(s) containing information of archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric research interest as set forth in the state historic preservation program master plan for cultural resources. Sec. #-# - Applications for Designation A. Nomination Initiation. Nomination of a local historic district or local landmark may be initiated by the City of Jefferson Historic Preservation Commission, City Council, or any owner of real property within the proposed district by filing the appropriate application with the Department of Planning and Protective Services on a form promulgated by the Director. B. Nomination Requirements. Applications and support material for the designation of a local landmark or local historic district shall include the following: 1. For nominations of a Local Landmark: a. Applicant contact information. b. Signatures of all property owners of record. 2 c. Property narrative, including; historic name (if known), year built or established, and information addressing one or more of the criteria identified in Sec. #-#.A. c. Proposed design standards d. Application fee 2. For nominations of a Local Historic District:. a. Applicant contact information. b. Map showing the boundaries of the proposed district and name of the proposed district. c. Map identifying contributing and noncontributing sites, buildings, structures, and objects. d. District narrative, including one or more of the criteria identified in Sec. #- #.A. e. Signatures from 33 % of property owners within proposed district f. Proposed design standards for the proposed district that reflect the Secretary of Interior Standards for the treatment of historic properties. g. Application fee. Sec. #-# - Designation Process A. Designation of a local landmark. Application for the designation of a local landmark shall be submitted to the Department of Planning and Protective Services no less than 30 days prior to a scheduled City of Jefferson Historic Preservation Commission meeting date. B. Designation of a local historic district. Application and final proposed design standards for the nomination of a local historic district shall be submitted to the Department of Planning and Protective Services no less than 30 days prior to a scheduled City of Jefferson Historic Preservation Commission meeting date. The nomination shall require a public hearing. C. Design Standards. Applicants shall include proposed design standards that are appropriate for the proposed local historic district and that follow the Secretary of Interior’s Standards for the Treatment of Historic Properties. Application for designation of a local historic district shall not be considered complete until: 1. Design standards are reviewed for architectural/archaeological appropriateness by City staff. The City staff recommendation on architectural/archaeological appropriateness shall be appended to the application and forwarded to the Historic Preservation Commission; 2. Design standards are reviewed for compliance with the Secretary of Interior’s Standards for the Treatment of Historic Properties by staff. The City staff recommendation on compliance with the Secretary of Interior’s Standards for the Treatment of Historic Properties shall be appended to the application and forwarded to the Historic Preservation Commission C.D. Public hearing requirements for nomination of local historic districts. Commented [SR1]: Dictated through the application process 3 1. Public Hearing Required. The Historic Preservation Committee shall conduct a Public hearing on all applications for designation of a local historic district to provide the opportunity for input in decisions that may affect the community, and ensure that decisions reflect consideration of the community interest, and ensure that the applicant and other interested parties are provided appropriate opportunity to be heard on an application. 2. Published Notice. Notice of the public hearing shall be published by the City, at least once, a minimum of 15 days before the scheduled public hearing in one or more newspapers of general circulation in the City. The notice of the public hearing shall contain the following: i. The time, date, and place of the hearing; and ii. The physical boundaries of a proposed local historic district. 3. Mailed notice requirements. The City shall mail all notices at least 15 days prior to the public hearing, notifying the property owner of the opportunity to be heard. Mailed notice shall be sent, by regular mail, to the last known owner on record of all property within 185 feet from the boundaries of the property for which the application is being considered. The notice shall state the time and place of the meeting, and include a general description of the proposal, a location map of the property, the general street location of the property subject to the proposed change, and a statement explaining that the public will have an opportunity to be heard at the public hearing. Failure to receive mailed notice shall not invalidate any action taken on the application. 4. Proof of notification. The City shall retain a copy of the mailed notice and a list of notified property owners with their addresses, along with an affidavit in accordance with this section. 5. Property sign. The Director shall post one or more distinctive signs, with minimum dimensions of 24" × 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 subject property. The signs shall remain posted on the property until after the 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. 6. Public Hearing Procedure. Upon receipt of a complete application, the Director of Planning and Protective Services shall schedule a public hearing on the application before the Historic Preservation Commission. The public hearing shall be scheduled no earlier than 30 days of a complete application, but no later than 90 days. All interested parties shall have the opportunity to be heard at the Public Hearing. After the public hearing, the Historic Preservation Commission shall make a recommendation for the designation or rejection of a local historic district based on the criteria set forth in Sec. ##. 7. Approval Procedures. 4 a. Local Landmarks. The Historic Preservation Commission shall make a recommendation to either approve or deny an application for designation as a local landmark. Such recommendation shall be forwarded to the City Council. b. Local Historic Districts. Recommendations on applications for designation of a local historic district shall be a two-step process. i. First, the Historic Preservation Commission shall make a recommendation to either approve or deny a designation of a local historic district. ii. If and only if the Historic Preservation Commission recommends approval of the designation of a local historic district, the Historic Preservation Commission shall then make a separate recommendation on the proposed design standards. The Historic Preservation Commission may recommend approval or, amend or modify the proposed design standards. iii. If the Historic Preservation Commission recommends approval of a designation of a local historic district but recommends denial of proposed design standards, then it shall be deemed that the Historic Preservation Commission’s recommendation is for denial of a designation of a local historic district. iv. If the Historic Preservation Commission recommends approval of a designation of a local historic district and amends or modifies the proposed design standards, the applicant may supplement its application with a plan detailing any objections or counter-proposals to design standards amended or modified by the Historic Preservation Commission C. Action Upon HPC Recommendation. The Historic Preservation Commission’s recommend on an application for designation of a local historic district shall be forwarded to the Planning and Zoning Commission for review, provided that if the Historic Preservation Commission recommends denial of application, the applicant may within seven (7) days of such recommendation of denial withdraw the application with a notice that the applicant intends to amend its application. Withdrawn and amended applications shall be processed in the same manner as original applications except that the applicant shall be not be required to pay a new application fee, provided that the applicant shall be responsible for any direct costs of the City related to the publication and provision of notice of the required public hearing. D. Planning and Zoning Commission Review. The Planning and Zoning Commission shall make a recommendation to approve or deny the designation of a local historic district and on the proposed design standards for a local historic district utilizing the procedures and review criteria applicable to rezonings and historic significance criteria in Sec. ##. The Planning and Zoning Commission may recommend modifications or amendments to proposed design standards but such recommended modifications or amendments must comply with the Secretary of Interior’s Standards for the treatment of historic properties. E. City Council Decision. The City Council shall by ordinance approve or deny the designation of a local landmark or local historic district and the proposed design standards for a local historic district utilizing the procedures and review criteria applicable to rezonings and Commented [SR2]: Tabled until fees are established. 5 historic significance criteria in Section ##. The City Council may modify or amend the design standards but such modifications or amendments must comply with the Secretary of Interior’s Standards for the treatment of historic properties. F. Recording of Local Historic Districts and Local Landmarks. 1. Following the designation of a local historic district or local landmark by the City Council, the City Clerk shall file in the Recorder of Deeds of Cole County a certified copy of the ordinance. Sec. #-# - Procedure to Amend or Rescind A. Nomination Withdrawal. An applicant may, in writing, withdraw its application for a local landmark or local historic district at any point prior to ordinance adoption. B. Amending an Established Local Historic District. Once a local historic district is established by ordinance under this article, such local historic districts may be altered by an applicant of subject parcel(s) seeking to be added or removed from an established district. The addition of parcels shall be within reasonable proximity to, and share historic features in common with, the established local historic district. 1. Applications to alter a local historic district shall be reviewed under the same criteria set forth in this article and under the same procedures applicable to the original establishment of the district. 2. Design standards applicable to the original approved local historic district shall apply equally to any added area. The design standards may be amended by ordinance following the process in Sec. ##. C. Rescinding a Local Historic District or Local Landmark. An applicant may submit an application to the City Council to remove the designation of a local historic district or local landmark. 1. A petition signed by no fewer than seventy-five percent of the existing property owners subject to the established local historic district shall accompany the application. 2. The City Council shall conduct a public hearing on the application, and make a decision regarding the removal of the local historic district on following the findings, a. The building(s), structure(s), or site designated as a local historic district or local landmark no longer meets the criteria for designation set forth in this article. b. Failure to remove the designation would deny the subject property owner reasonable use of their property or prevent reasonable economic return. Evidence includes, (1) Costs to comply with regulations. (2) Income generation. (3) Availability of contractors to perform needed work. (4) Real estate values. Commented [RK3]: Ask Emily if the certified copy of ordinance gets attached to property deeds Do local landmarks need to be filed on a deed Commented [NA4]: Example; Bloomington, IN Portland, ME Commented [NA5]: Do we need to create an application for this or is there a general “petition” form to the City Council. 6 (5) Revenue projections. (6) Current level of return. (7) Operating expenses. (8) Vacancy rates. (9) Financing issues. (10) Efforts to explore alternative uses of the property. (11) Availability of economic incentives. (12) Recent efforts to sell or rent the property. c. Failure to remove the designation would have an adverse impact on surrounding historical or cultural resources, specifically whether it would result in the loss of another building(s), structure(s), or site classified as historic set forth in this article. Article IV: Procedure to authorize construction, reconstruction, alterations to structures. (1) Design review standards, policies and guidelines. (a) The Historic Preservation Commission shall adopt the Secretary of the Interior's Standards for Treatment of Historic Properties and design review policies and guidelines (in such form as it deems appropriate) to aid in its review of design review and permit applications. (b) For the purposes of this section "permit" includes building permits. The Historic Preservation Commission shall not review permits for temporary structures or temporary signs. (2) Review of building permit. City staff may administratively approve applications that clearly meet the design standards of a local historic district. All other permit applications shall be sent to the Historic Preservation Commission which shall approve, approve with conditions, or deny said application based on the following acts: (a) Alteration of, reconstruction of, or addition to the exterior of any structure which constitutes all or part of a structure located in a designated local historic district; i) Action on proposed alterations, reconstruction, or additions to contributing structures. The Historic Preservation Commission shall base reviews of applications on adopted design standards, policies, guidelines, and information found in the designation application. The Historic Preservation Commission may request additional information as necessary to undertake its review. When dealing with a proposed alteration of, reconstruction of, or addition to the exterior of a contributing structure in a local historic district, the Historic Preservation Commission shall place the emphasis on applying the appropriate design standards to said structure with a view to preserving the historic significance of the basic structure. ii) Action on proposed alterations, reconstruction, or additions to noncontributing structures. When dealing with a proposed alteration of, reconstruction of, or addition to the exterior of a noncontributing structure in a local historic district, the Historic Preservation Commission shall place the emphasis on preserving the historic character of the local historic district rather than preserving the character of the structure to be altered, reconstructed or added. iii) Upon review of the proposed work, the Historic Preservation Commission finds: 7 (1) The requested work is acceptable. Certificate of appropriateness is issued in support of permit. (2) The requested work is unacceptable, the application may be approved with conditions that shall be adhered to. The Historic Preservation Commission shall state the reasons for conditions, citing adopted design standards, policies, and guidelines. (3) The requested work is unacceptable, the application may be denied. The Historic Preservation Commission shall state the reasons for the denial, citing adopted design standards, policies, and guidelines. (3)(4) If the Historic Preservation Commission finds the requested work unacceptable, the conditions or the denial, the applicant may seek appeal to the Board of Adjustment within sixty (60) days. (b) New construction of any structure located within a designated local historic district or National Register Historic District. i) Action of proposed new construction within local historic districts or National Register Historic Districts. The Historic Preservation Commission shall base reviews of applications on adopted design standards, policies, guidelines, and information found in the designation application. The Historic Preservation Commission may request additional information as necessary to undertake its review. When dealing with a proposed application for new construction, the following must be considered: (1) New construction can be any architectural style, however a consideration must be made for the compatibility to maintain the historic character and identity of the historic district; (2) New construction that is either identical to the historic buildings within the historic district or in extreme contrast to historic buildings within the historic district are not compatible; and (3) New construction should be appropriately scaled and fit the existing pattern of development in order to preserve the character of the historic district. ii) Upon review of the proposed new construction, the Historic Preservation Commission finds: (1) The requested new construction is acceptable. Certificate of appropriateness is issued in support of permit. (2) The requested new construction is unacceptable, the application may be approved with conditions that shall be adhered to. The Historic Preservation Commission shall state the reasons for conditions, citing adopted design standards, policies, and guidelines. (3) The requested work is unacceptable, the application may be denied. The Historic Preservation Commission shall state the reasons for the denial, citing adopted design standards, policies, and guidelines. 8 (3)(4) If the Historic Preservation Commission finds the requested work unacceptable, the conditions or the denial, the applicant may seek appeal to the Board of Adjustment within sixty (60) days. (3) Approval of permit. The permit shall not be issued without a COA from the Historic Preservation Commission or the Director. a) Upon approval of a permit, a certificate of appropriateness ("COA") shall be issued which shall state the approved work and any conditions to said approval. A copy of the COA shall be displayed along with and in the same manner as any building permits issued for the same work. The COA shall be valid for three (3) years from the original date of issuance. If construction has not started within said three-year period, or if an active building permit has not been issued by the Department of Planning and Protective Services, the applicant must submit a new application. Article V: Demolition (1) Review of demolition permit. Demolition of any structure which constitutes all or part of a local landmark, or all or part of a structure located in a designated local historic district, or any property listed on the National Register of Historic Places or within a designated National Register District; Application for a proposed demolition must be made to the Historic Preservation Commission. An application for a demolition permit fulfills this requirement. The Historic Preservation Commission shall not review demolition permits for buildings that have been declared dangerous, per Sec. ##. The Historic Preservation Commission shall take action on such an application at a regularly scheduled meeting. Upon receipt of a complete application, 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 ##. The Director shall maintain a calendar of filing deadlines associated with the application and review process. (a) If the structure proposed for demolition is noncontributing, the Director may approve the application for demolition or forward the application for demolition to the Historic Preservation Commission with a recommendation for approval or disapproval. (b) The Historic Preservation Commission may approve without a public hearing an application for demolition if the structure to be demolished is: i. A noncontributing structure in a district; ii. A noncontributing addition to a structure or site; or iii. An accessory structure or outbuilding of a contributing structure or site. (c) Upon receipt of an application for demolition, the Historic Preservation Commission shall require a public hearing if it finds that the accessory structure or outbuilding has historic, architectural, geographic, or cultural significance of its own, and its removal would affect the integrity of the site. (d) The Historic Preservation Commission shall hold a public hearing on all applications for demolition, except as provided in sections ## above. Public hearings of the Historic Preservation Commission shall be conducted at a regularly scheduled meeting. The Historic Preservation Commission may adopt such rules or limits as may be necessary to govern the hearing within the proper context and purposes of this chapter. 9 Written notice of the public hearing shall be sent to the owner of the property and to the demolition permit applicant (if different from the owner), giving the time, date, place and subject of the public hearing, no fewer than ten (10) days prior to the hearing. Signs indicating the proposed action and the time, date and place of the hearing shall be posted by the Director, on behalf of the Historic Preservation Commission, on the property being considered no fewer than ten (10) days prior to the hearing. Such signs shall be prominently displayed and easily readable from abutting public ways. (e) Determination. The Historic Preservation Commission shall make a determination to approve or deny the application for demolition. The findings of the Historic Preservation Commission shall be based on consideration of specified design standards, presented plans, public testimony and related findings of fact. Notification of the Historic Preservation Commission's determination shall be made to the applicant. Notification shall also be sent to the building regulations division within five (5) days after the determination. The demolition approval under this section will be valid for three (3) years from the date of issuance. (f) If the application for demolition is denied, the applicant may seek an appeal to the City Council within thirty (30) days. Sec. 3 – Emergency Repairs Do we want a section for emergency repairs? Natural disasters, fire, neglect? Sec. 5 – Maybe signs, maybe fences, maybe landscaping, maybe ancillary structures How do we feel about accessory preservation? Sec. 6 – Appeal Process Article V. Enforcement Commented [RK6]: Do we want to post the property? PROPOSED CRITERIA FOR DEMOLITION a.Whether or not the proposed demolition could potentially adversely affect other historic landmarks located within the historic district or adversely affect the character of the historic district b.Whether or not historic events occurred in the building or structure c.The difficulty or the impossibility of reproducing such a building, because of its design, texture, material, detail, or unique location d.Whether the structure is one of the last remaining examples of its kind in the historic district e.The condition of the structure and its probable life expectancy f.Its association with the life or lives of a person or persons significant in the history of the City, County, State, or Nation g.It represents the work of a master designer or architect or possesses high architectural value; or h.The nature of the surrounding area and the compatibility of the structure to existing adjacent structures and land use i.The number of similar structures that exist within the City of Jefferson j.Whether the property has sustained damage by a natural or man-made disaster and whether or not the building sustained irreparable structural damage k.Whether the property has been declared a dangerous building by the Dangerous Building Inspector APPENDIX Y SCHEDULE OF ADMINISTRATIVE FEES, PERMITS, LICENSES AND OTHER CHARGES Jefferson City, Missouri, Code of Ordinances Created: 2021-08-24 12:16:43 [EST] (Supp. No. 8) Page 1 of 6 APPENDIX Y SCHEDULE OF ADMINISTRATIVE FEES, PERMITS, LICENSES AND OTHER CHARGES Chapter Section Section Title Fee Returned, Payment Stopped, Dishonored Check Charge. $28.00 3 10 Sign Permit: $55.00 Additional Sign on Same Premises $13.00 Lighted Sign Additional $13.00 3 33 Mural Permit $55.00 4 24 Temporary Outdoor Consumption Permit $105.00 4 44 Liquor License extension of premises $55.00 5 Animal Control Fees are set by the Police Chief and may be obtained through the Police Department, Animal Control Section 8 3.80.27.1 Electrical Contractor License $210.00 8 3.80.27.2 Master Electrician License $105.00 8 3.80.27.2 Master Electrician (3) Years License Renewal $30.00 8 3.80.27.3 Journeyman Electrician License $105.00 8 3.80.27.3 Journeyman Electrician (3) Years License Renewal $30.00 8 3.80.27.4 Apprentice Electrician Certificate $12.00 8 3.80.27.5 Maintenance Electrician $27.00 8 3.80.27.5 Maintenance Electrician (3) Years License Renewal $30.00 8 5.109.2.4 Plumbing Contractor License $210.00 8 5.109.2.5 Master Plumber License $105.00 8 5.109.2.5 Master Plumber (3) Years License Renewal $30.00 8 5.109.2.6 Journeyman Plumber License $105.00 8 5.109.2.6 Journeyman Plumber (3) Years License Renewal $30.00 8 20 Residential Building Permit Construction Value multiplied by a factor of 0.0025 (0.25%) except that a minimum fee of $25.00 shall apply. A Residential Building is defined as a one or two family dwelling. 8 20 Non-residential building permit Construction value multiplied by a factor 0.0050 (0.50%) except that a minimum fee of $25.00 shall apply. When the construction value is over $10,000,000, the amount over $10,000,000 shall be multiplied by a factor of 0.0020 (0.20%) and shall be added to the $50,000 base permit fee. APPENDIX Y SCHEDULE OF ADMINISTRATIVE FEES, PERMITS, LICENSES AND OTHER CHARGES Jefferson City, Missouri, Code of Ordinances Created: 2021-08-24 12:16:43 [EST] (Supp. No. 8) Page 2 of 6 8 20 Plan review fees Non-residential projects that require architectural plans shall pay 20% of the permit fee for plan review in addition to any applicable site plan review fees. This amount will then be credited to the building permit fee if a permit is executed for the submitted architectural plans. 8 20 Miscellaneous projects Construction value multiplied by a factor of 0.00125 (0.125%). Miscellaneous projects are defined as those that do not provide for construction of any permanent residential or commercial structure, including new parking lots, parking lot expansions, automobile display lots and expansions thereof, and landscaping improvements. 8 20 The minimum construction value for new construction and additions shall be determined by the Building Official using the latest August publication of the International Code Council Building Valuation Data which shall be effective as of November 1 of the year it is published. The Building Official may, after the permit is issued, adjust the fee for work that is added if the added work results in an increase in the construction value. 8 20 Fire inspections - The aforementioned fees include the cost of providing fire inspection service on new construction. 8 33 Demolition Permit $100.00 8 43 Application for Historic Preservation Demolition Review $55.00 8 43 Application for Historic Preservation Demolition Review and Clearance $108.00 8 154 Abandoned Building Administration Fee $200.00 semi-annually 8 154 Abandoned Building Late Fee $25.00 10 13 City Cemetery Lot $417.00 13 5 Fireworks Permit $108.00 13 5 Copies of Reports (fire department) $4.00 plus 11 cents per page 13 43.17 Blasting Fee - Quarry $322.00 13 43.17 Blasting Fee - Daily $108.00 + $27.00 per day 15 129 Body Art Establishment (2 year permit) 1% of all gross revenue collected for body art or APPENDIX Y SCHEDULE OF ADMINISTRATIVE FEES, PERMITS, LICENSES AND OTHER CHARGES Jefferson City, Missouri, Code of Ordinances Created: 2021-08-24 12:16:43 [EST] (Supp. No. 8) Page 3 of 6 $500.00, whichever is greater 15 149 Body Art Practitioner $108.00 20 Municipal Court Fine schedule is set by the Municipal Judge and may be assessed through the Municipal Court or some minimum fines may be found in Ordinance in Section 1-13 of the City Code. 21 12 Nuisance Abatement Administrative Cost $250.00 22 267 Downtown Residential Permit Zone permit Washington McCarty Zone Downtown Residential Permit Zone permit Downtown West Zone Downtown Residential Permit Zone permit Central Zone Downtown Residential Permit Zone permit Overflow Zone $22.00 per month $22.00 per month $22.00 per month $22.00 per month 23 Parks and Recreation Fees are set by the Parks and Recreation Commission and may be obtained through the Parks and Recreation Department 24 26 Fee for Temporary Business License $15.00 24 53 Door to Door Fee $20.00 per employee 25 34.A.(2) Street name change: *The amount per block will be refunded if the street name change fails to pass $417.00 filing fee, plus $51 per block affected by the street name change.* 25 Economic Development requests (TIF, CID, NID, IRB, TDD) requires applicant to pay all costs of the City in providing economic development. Specific provisions can be found in Chapter 25. 28 2 Temporary Food Permit 1-3 day permit $28.00 28 2 Temporary Food Permit 4-14 day permit $108.00 28 2 Annual Food Establishment Inspection Fee (Low Risk, Bracket 1 - less than 0.9 points) $255.00 28 2 Annual Food Establishment Inspection Fee (Medium Risk, Bracket 2 - 0.9 to 1.1 points) $383.00 28 2 Annual Food Establishment Inspection Fee (High Risk, Bracket 3 - more than 1.1 points) $505.00 28 2 Food Establishment Re-inspection Fee $102.00 29 Wastewater rates are set in the City Code and can be found in Chapter 29 29 131(A) 151 Sewer Connection Charges Intent to diconnect $417.00 27.00 32 2.D Permissive Use of Right-of-Way $136.00 32 3 Vacation of Easement or Right of Way 136.00 APPENDIX Y SCHEDULE OF ADMINISTRATIVE FEES, PERMITS, LICENSES AND OTHER CHARGES Jefferson City, Missouri, Code of Ordinances Created: 2021-08-24 12:16:43 [EST] (Supp. No. 8) Page 4 of 6 32 10 Change in grading, paving, etc., necessitating change in location of water pipe, hydrant, etc.; installation of water pipes, etc., generally $55.00 32 102 Privately owned pole lighting plan $55.00 32 130.A.1 Excavation permit (unimproved portion of any right-of- way) $55.00 32 130.A.2 On roadways, base charge $215.00 32 130.A.3 On bituminous roadways, other than those withareas in Excess of 100 square feet of surface area if the permit holder chooses to have a Department of Public Works replace the surface course. No charge to any City departments. $7.00 per square foot 32 130.A.7 Resetting Street Sign. No charge to any City departments. $108.00 32 130.A.8 Repair of Street Sign. No charge to any City departments. $215.00 32 178.A Curb Cut or Driveway Permit. No charge to any City departments. $55.00 32 230 Sidewalk Café Permits $27.00 32 333 Neighborhood Improvement Program $27.00 per linear foot 32 503 Permit Fee Base Fee plus the following: 20 Amp Service: 100 Amp Service: 200 Amp Service $70.00 $5.00 for each circuit/location. $25.00 for each location. $100.00 per each location. 32 602 Banners on Utility Poles $10.00 per banner to be installed 32 603 Temporary Event Banners Over Streets $20.00 for the first placement of each banner during any calendar year and an additional $5.00 for each subsequent placement in the calendar year 33 7 Preliminary Subdivision Plats Single Family $500.00 + $5.00 per lot 33 7 Preliminary Subdivision Plats Multiple Family $500.00 + $5.00 per lot 33 7 Preliminary Subdivision Plats Commercial and Industrial $500.00 + $5.00 per lot 33 7 Major Revision to Preliminary Plat $250.00+ $5.00 per lot 33 7 Minor Revision to Preliminary Plat $0.00 33 8 Final Plat $350.00+ $5.00 per lot 33 8 Replat $200.00 33 3 Lot Split. No charge to City departments. $140.00 34 48 Abandoned aircraft fee $100.00 per month 34 48 Aircraft charter permit $53.00 per month 34 48 Aircraft rental permit $27.00 per month 34 48 Aircraft sales permit $27.00 per month 34 48 Aircraft service and maintenance permit $27.00 per month 34 48 Aircraft storage permit $27.00 per month 34 48 Fuel sales (per business providing service) $80.00 per month 34 48 Monthly aircraft parking space rent $32.00 per month APPENDIX Y SCHEDULE OF ADMINISTRATIVE FEES, PERMITS, LICENSES AND OTHER CHARGES Jefferson City, Missouri, Code of Ordinances Created: 2021-08-24 12:16:43 [EST] (Supp. No. 8) Page 5 of 6 34 48 Student instruction permit $27.00 per month 34 45 Fuel sales, per business providing the service $80.00 per month 34 45 Student instruction $27.00 per month 34 62 Vehicle for Hire business license $105.00 per year for 1st vehicle & $26.00 for each additional vehicle 34 97 Vehicle for Hire permit $27.00 per year 35 41.B.31 Initial Equine Permit $55.00 35 41.B.31 Annual Equine Permit $55.00 35 42 and 72 Telecommunication Facility Fees Conditional Use Permit Application $400.00 + $100.00 advertising fee 35 42 and 72 Telecommunication Facility Fees Special Exception Permit Application $400.00 + $200.00 advertising fee 35 42 and 72 Telecommunication Facility Permit Review Fee $215.00 35 42 and 72 Small Cellular Right-of-way Permit Review Fee $215.00 35 42 and 72 Telecommunication Facility Fees Deposit for reimbursement of professional services $1,500.00 35 71 Site Plan Review - (1—3 Units Residential) 0 35 71 Site Plan Review - Multiple Family Residential and Non- Residential - Less than 1 acre site (2 submittals, includes engineering plan review beginning 2013) $260.00 35 71 Site Plan Review - Multiple Family Residential and Non- Residential: 1 to 5 acre site (2 submittals, includes engineering plan review beginning 2013) $520.00 35 71 Site Plan Review - Multiple Family Residential and Non- Residential: Greater than 5 acre site (2 submittals, includes engineering plan review beginning 2013) $1,040.00 35 71 Site Plan Review - Multiple Family Residential and Non- Residential (3rd submittal) $115.00 35 72.A Zoning Determination (Including Nonconforming Status) 1 - 2 Family Residential: $50.00 Commercial and MF: $100.00 35 72.B Variance - Board of Adjustment $300.00 + $100.00 advertising fee 35 72.C Appeals of Administrative Decisions - Board of Adjustment $300.00 + $100.00 advertising fee 35 72.E Home Occupation Permit $55.00 35 73.A Conditional Use Permit $300.00 + $100.00 advertising fee 35 73.D Special Exception Use Commercial: $450.00 + $200.00 advertising fee 35 73.D Special Exception Use Residential: $300 + $200.00 advertising fee APPENDIX Y SCHEDULE OF ADMINISTRATIVE FEES, PERMITS, LICENSES AND OTHER CHARGES Jefferson City, Missouri, Code of Ordinances Created: 2021-08-24 12:16:43 [EST] (Supp. No. 8) Page 6 of 6 35 74.A Comprehensive Plan - Text Amendment $250.00 + $100 advertising fee 35 74.A Comprehensive Plan - Map Amendment In conjunction with rezoning: $200. Stand- alone application: $300.00 + $100.00 advertising fee 35 74.B Zoning Ordinance Text Amendment $250.00 + $200.00 advertising fee 35 74.B Zoning Ordinance Map Amendment $450.00 + $200.00 advertising fee 35 74.C PUD, Cluster Subdivision or Compact Housing Development - Concept Plan $500.00 + $20.00 per acre + $200.00 advertising fee + $250.00 rezoning fee (if applicable) 35 74.C PUD, Cluster Subdivision or Compact Housing Development - Preliminary Plan $500.00 + $20.00 per acre + $200.00 advertising fee + $250.00 rezoning fee (if applicable) 35 74.C PUD, Cluster Subdivision or Compact Housing Development - Major Plan Amendment $500.00 + $20.00 per acre + $200.00 advertising fee 35 74.C PUD, Cluster Subdivision or Compact Housing Development - Minor Plan Amendment $110.00 (Ord. 14272, § 14, 10-15-2007; Ord. No. 14531, § 4, 5-18-2009; Ord. 14668, § 3, 5-17-2010; Ord. 14908, § 4, 1-3- 2012; Ord. 14916, § 3, 1-17-2012; Ord. No. 14936, § 2, 3-19-2012; Ord. 14972, § 1, 5-21-2012; Ord. No. 14990, § 1, 7-2-2012; Ord. 15084, § 2, 2-19-2013; Ord. No. 15143, § 2, 8-5-2013; Ord. No. 15148, § 2, 8-19-2013; Ord. No. 15198, § 1, 11-4-2013; Ord. No. 15243, § 5, 3-3-2014; Ord. No. 15579, § 2, 10-17-2016, effective 1-1-2017; Ord. No. 15760, § 6, 1-03-2018; Ord. No. 15763, § 2, 1-17-2018; Ord. No. 15799, § 2, 6-04-2018; Ord. No. 15813, § 7, 8-20- 2018; Ord. No. 15821, § 2, 8-20-2018; Ord. No. 15888, § 4, 3-19-2019; Ord. No. 15916, § 4, 5-20-2019; Ord. No. 16060 , § 1, 8-17-2020; Ord. No. 16119 , § 3, 4-19-2021)