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NOTICE OF REGULAR MEETING AND TENTATIVE AGENDAi
City of Jefferson Historic Preservation Code Revision Committee
Thursday, July 7, 2022, at 5:30 p.m.
Boone-Bancroft Room-John G. Christy Municipal Building-320 E. McCarty Street
Virtual Option
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TENTATIVE AGENDA
1. Introductions and Roll Call
2. Adoption of Agenda (as printed or reordered)
3. Approval of Meeting Minutes from June 2, 2022
4. Old Business
A. Demolition
5. New Business
A. Fees for Applications
6. Other Business
A. Signs, fences, landscaping, ancillary structures
7. Dates to Remember
A. Next Regular Meeting Date, August 4, 2022
8. Adjournment
City of Jefferson
Historic Preservation Code Revision Committee Minutes
Regular Meeting – Thursday, June 2, 2022
Boone/Bancroft Room and Virtual WebEx Meeting
Committee Members Present
Bunnie Trickey Cotten
Donna Deetz
Roger Jungmeyer
Steve Veile
Stacey Young
Glover Brown
Brad Schaefer
Committee Members Absent
Dr. Debra Greene
Holly Stitt
Gregory Butler
Council Liaison Present
Laura Ward
Staff Present
Rachel Senzee, Neighborhood Services Supervisor
Karlie Reinkemeyer, Neighborhood Services Specialist
Anne Stratman, Neighborhood Services Specialist
Dave Helmick, Housing/Property Supervisor
Call to Order
Ms. Trickey-Cotten called the meeting to order at 5:30 p.m.
Procedural Matters
Ms. Trickey-Cotten asked city staff about the status of committee members. Rachel stated that staff has
received resignations from Doug Record and Dr. Cassandra Gould.
Ms. Senzee also stated that staff is working on contacting potential members. They have reached out to a
couple that were recommended and have not heard back yet. Staff will also contact Gregory Butler, who
is an alternate, about becoming a regular member.
When staff does get new members, said members have to be approved by the Admin. Committee and
approved by the mayor and approved by City Council, so it will probably be August before the committee
could get additional members.
Adoption of Agenda
Ms. Deetz moved and Mr. Jungmeyer seconded to adopt the agenda as printed. The motion passed
unanimously.
Approval of Meeting Minutes from May 5, 2022
Ms. Deetz moved and Ms. Young seconded to adopt the Regular Meeting Minutes of May 5 , 2022, as
written. There was no discussion. The motion passed unanimously.
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Old Business
Dangerous Buildings Process – Mr. Dave Helmick, Housing/Property Supervisor, and Senior Dangerous
Building Inspector, gave a presentation on the dangerous building process the city follows. Mr. Helmick ’s
presentation followed City Code in regards to dangerous buildings.
The purpose of a dangerous building ordinance is to provide a just, equitable and practical method for
repairing, vacation or demolition of buildings or structures that may endanger life, limb, health, property,
safety or welfare of the occupants of such buildings or the general public. This includes buildings that fall
onto the public way, people that trespass into properties, and people that occupy those structures legally
as well.”
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.
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.
Mr. Helmick stated that the dangerous building process is very long and in-depth. He stated that Code
Enforcement does not go out looking for dangerous properties. Instead, they are alerted by the Fire
Department, Police Department, Department of Mental Health, Animal Control, and other agencies that
there is an issue at a property.
Code Enforcement then inspects the property and issues a notice to the owner of the property which allows
them 30 days to commence action on abating the dangerous conditions at the respective property. At that
point, the owner has the option of starting repairs. If no action is commenced after 30 days a hearing is
called. If the owner is reachable the hearing has to be scheduled out a minimum of 15 days out. If the owner
cannot be reached via certified mail then the hearing is published in the newspaper for 4 consecutive weeks
at least 45 days in advance of the hearing.
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Mr. Helmick stated that a written notice goes to all involved parties including banks with liens and others
listed on the title report. At the end of the hearing, the finding of fact is issued by the Administrative Hearing
Officer. The Hearing Officer can find that in fact the property is in violation of the ordinance and gives 30
days for the property owner to commence corrective actions on the repairs. If the owner complies, the case
is closed and the City monitors corrective actions. If the owner is non-compliant, the City will take the
following steps:
The City abates the violations:
The City receives bids and commences repairs.
The city secures the structure and prepares for possible future abatement
The owner may receive a summons to appear in Municipal Court for misdemeanor offenses.
If the cost to repair is 50% or more of the assessed value of the structure the City shall demolish
the dangerous structure. Sec. 8-87. A & RSMO 67.410
Mr. Helmick stated the entire process takes 4-6 months to get to the point of City action. Due to the lack of
funding, many properties sit secured waiting for future abatement. Mr. Helmick stated that from January
2019-January 2022, the City has declared 94 structures dangerous under Chapter 8 Article VI Dangerous
Building Regulations. Of the 94 structures:
49 remain active and in some stage of the process.
45 are closed
33 were closed due to the owner of the 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 Condition
9 Structural issues – storm damage, neglect, structural failure.
Of the 49, we received funding for, two more buildings have been approved to be demolished this year.
Mr. Helmick presented example photos of dangerous buildings for example.
Questions and answers during Mr. Helmick’s presentation:
1. How do you find out about these? How does it get to this point if these are rentals? Are they
actually getting rent? What about the City’s rental program?
If it gets to this point because the owners are negligent and don't follow up on their properties. Yes,
they get their checks and don’t follow up. Some are local, some are located out of town, or do not
care. Overall, there is a lack of responsibility by the owners. As far as the city rental program, the
city is only allowed to do exterior inspections of rental properties unless we are alerted to conditions
that warrant us coming inside because of concern of violation of the 4th and 14th amendments of
the constitution.
2. What about situations with squatters?
Unless it is an abandoned property that is posted as “No Trespassing”, squatters, once they are
there and have lived there, they have the same rights as any other tenant.
3. The Housing Authority has inspectors. Do they report to you? How does that work?
The Housing Authority is a separate entity, I do not have the authority to go into a housing unit
unless they ask us to come in. There have been some situations where our assistance has been
requested, but normally, they are their own entity.
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4. Are you the agency, that went in and inspected Ms. Buescher’s property, so to speak, and if any of
these conditions were found there, were you the agency that evicted her?
Ms. Buescher was not evicted. Her house was deemed uninhabitable under Chapter 8-80. What
that means is that she cannot return to occupy that structure until it is under a legal condition.
Currently, the status of the building is “uninhabitable, once she gets it back to a habitable state,
she is welcome to move back in. Eviction is what happens when you have a legal proceeding
through the court, and you remove somebody and tell them they can’t come back. The city does
not do evictions, we don’t help with evictions, and we have nothing to do with evictions. We worry
about life, safety, and the people that are in that structure. So, yes, I was the one that went into Ms.
Buescher’s house with a search warrant and found the conditions that forced her to vacate that
structure. She was given notice, she chose not to vacate, so we went there, told her she should
leave, stickered it, and she left of her own accord. She walked out and requested that we take her
to the police station and that was where she was taken. She wasn’t removed, she wasn’t’ evicted.
5. What happens when an owner “walks away” from a property? Does the city become the owner of
that property?
After three years, the property will be sold on the courthouse steps. If the city has to do any kind of
action on this property, - demolitions, abatement, cutting weeds, stabilization, those things are all
applied as a tax lien against the owner of the property. If they don’t pay them with their property
taxes. If they are living or local, where we can get to them, we will apply a judgment against them.
If they are a shell corp or inaccessible, the city will get any money spent back when the property
sells.
6. What is the reasoning behind that three-year wait period after the city acquires the property?
The city doesn’t actually acquire the property. What happens is, if the owner doesn’t pay the taxes
after three years, the property is offered up for sale on the third Thursday in August. The people
that buy them have to spend the next year trying to contact the owner of record. If the owner of
record doesn’t come forward, they get a title stating that they are the new owner and they have to
pay all of the back taxes and liens on the property. The only time the city actually acquires property
is if the owner actually comes forward and says, “I can’t afford to do this, I want you to take it.” And
they deed it over to the city.
7. If the cost of repairs is 50% or more, of the assessed value, and the legislature passed something
regarding this. What does that mean?
The Heritage Rule actually comes down to condemnation and acquiring properties. So, in the past,
if an owner owned property for x amount of time, they got paid more money, if it was acquired
through the courts. What that bill means, is if it is an issue where it is in a blighted neighborhood or
something like that, it decreases the amount over what the fair market value is that would have to
be paid, but that is only in cases where blight and things like that. So, it really doesn’t affect that
50% value, this is the standard that everyone uses for floodplains or things where if it is more than
50% of the value, it is not financially feasible to fix it up and that is just the way it has been adopted
in the code. That is more for acquiring blighted properties and dilapidated properties.
8. So, the situation is that they would have to pay 50% more if it is a heritage property?
So, if you owned a property that you ran into the ground by neglect, you would be rewarded with
50% more when somebody stepped in and tried to do something with it.
9. So would the properties on East Capitol fall under this?
Yes, they would fall under this if the governor signs it.
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New Business
The committee reviewed the code updates from the previous meeting.
Ms. Senzee outlined the changes made by the committee to several sections on page seven at the last
meeting. After reviewing the changes, Ms. Trickey Cotton asked for a motion to approve the changes.
Mr. Brown made a motion and Mr. Jungmeyer seconded the motion to approve the changes made to
page seven of the code. The motion passed unanimously.
Ms. Senzee proceeded to outline the changes made to page 8, Article V: Demolition proposed by the
committee at the last meeting. As the committee read through the material, they asked how this applies to
the properties on East Capitol and expressed their concerns about losing all these properties.
Ms. Senzee proceeded to pull up the city’s website regarding East Capitol and the bill that was attached
to acquisition/demolition changed the process so that it is now an ordinance, so city staff now have to
bring in structural engineers to provide the assessment. So, if you have questions about East Capitol, it is
on the main page, under News and Headlines and the staff keeps that updated with all changes.
Ms. Senzee asked the committee that as they make decisions in regards to the demo codes, is to make
the processes clear and transparent for both city staff to drive the process and also for citizens to know
exactly what to do whenever they need to do demolition.
Mr. Veile suggested to modify the section to give the HPC the opportunity to provide input to the process
by adding, “the HPC shall not review demolition permits for buildings that have been declared dangerous,
unless, the building is a designated local landmark or a contributing property in a recognized historic
district. In those cases, the HPC will review the demolition permit to provide input and comment on the
property, but shall have no role in the demolition process”
Ms. Senzee asked that under what is written, does the committee want to strike this section instead of
stating this. She then asked if they want to differentiate between the dangerous building process and the
emergency process. If it is declared an emergency, there would not be a 30-day waiting period.
Mr. Veile changed his amendment to state, “The HPC shall not review “emergency” demolition permits for
buildings that have been declared hazardous.”
Ms. Trickey asked the question, “If a property is not in a historical area, do they need to go before HPC?
She referenced Westview Heights houses that are over 50 years old. Does that need to come before
HPC? Is it necessary for everything like that to go before HPC”?
Ms. Senzee stated, “that under the existing code, any property, whether it is residential or commercial if it
is 50 years or older, it goes through HPC processes. This was discussed in the last meeting that if we
have this process to become a local historic district or National Register district, is the property owner
going to understand that they would have to go through the historic process if they are not within one of
those categories? That was when we switched over the wording to say that HPC would only be reviewing
designated historic properties. So, in the draft that was approved in the last meeting, it would state that
demolitions will only be reviewed in designated historic areas and local landmarks”.
Mr. Veile made a motion to change the language to read, ”The HPC shall not review “emergency”
demolition permits for buildings that have been declared hazardous.” Mr. Jungmeyer seconded. The
motion passed unanimously.
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Ms. Senzee next addressed Section B regarding contributing and non-contributing structures which the
committee agreed to strike at the last meeting. The committee agreed with this strike. Ms. Senzee then
outlined Section C which the committee struck and Section D which the committee left.
Ms. Trickey-Cotton requested a motion to approve all of the changes made on page 8, as amended. Mr.
Brown made the motion and Ms. Deetz seconded. The motion was passed unanimously.
Ms. Senzee proceeded to the next section/page. As staff was reviewing it, they had a question about if
they wanted to post the properties as far as a public hearing. That is something that is required in the
zoning code and by state statute. So, there is nothing that says that we are required to post the property,
so the question is, do you want staff to post the property that is getting demolished at least ten days prior
to the hearing.
Ms. Trickey Cotton asked what staff would think of that? Ms. Senzee stated that staff posts properties all
of the time, so it is standard procedure. Ms. Trickey-Cotton stated that this made sense and the
committee agreed with her.
The next paragraph covers Determination. This paragraph has been highlighted and at the last meeting,
Ryan Moehlman, City Attorney, stated that this paragraph is lacking standards. So, staff looked at other
cities to see what their standards are. City staff included proposed criteria borrowed from other city
codes for demolition. This covers the standards for what is approved and denied as taken from other
cities. Ms. Senzee explained that all or some of these could be used. Mr. Viele stated that the criteria
looked good to him and stated that the staff had put together a good list.
Committee members read through the criteria closely and carefully. If the demolition is approved or
denied, the reason has to tie back to the designated criteria. The HPC will decide to approve or deny.
After discussion, it was decided that Sections A, B & and F would cover this under the listed criteria.
Ms. Senzee explained that the criteria will be built into letter E as an integrated part of the code. Ms.
Senzee reviewed letter F.
Mr. Viele moved that the committee approve sections E & F. Mr. Jungmeyer seconded the motion. The
motion was approved unanimously.
Ms. Senzee asked the committee to look at the list of fees for permitting. On page four, there is a note
highlighted that states until fees are established. This is for the purpose of the committee deciding what
the fees will be which may be decided at the next meeting.
Ms. Senzee asked the committee “ do you want a section specifically addressing emergency repairs,
natural disasters, fire, and neglect? And this section would cover both buildings and demolitions.
The other question staff has is covering “accessory” preservation. Do you want to look at signage,
fences, landscaping, and ancillary structures in historic preservation? And how do you want to address
enforcement?
The committee agreed to put these items on the agenda for next meeting.
Ms. Trickey verified attendance at the meeting at the July 7 meeting. Members confirmed their
attendance.
Mr. Viele asked if someone could send out a verification e-mail the week before.
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Ms. Young gave the motion to adjourn and Mr. Jungmeyer seconded. The motion to adjourn was passed
unanimously. The meeting was adjourned at 7:10 pm.
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.
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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.[SR1]
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
D. Public hearing requirements for nomination of local historic districts.
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
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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. 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.
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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. [SR2]
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
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.
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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[NA3]
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.
5) Revenue projections.
6) Current level of return.
7) Operating expenses.
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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:
1) The requested work is acceptable. Certificate of appropriateness is issued in support of
permit.
7
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.
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.
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.
8
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 hazardous[SR4], 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 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.
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.
c) 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, related findings of fact, or the following demolition criteria:
1) 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;
2) Whether or not historic events occurred in the building or structure;
9
3) The difficulty or the impossibility of reproducing such a building, because of its design, texture,
material, detail, or unique location;
4) Whether the structure is one of the last remaining examples of its kind in the historic district;
5) The condition of the structure and its probable life expectancy;
6) Its association with the life or lives of a person or persons significant in the history of the City,
County, State, or Nation;
7) It represents the work of a master designer or architect or possesses high architectural value;
8) The nature of the surrounding area and the compatibility of the structure to existing adjacent
structures and land use;
9) The number of similar structures that exist within the City of Jefferson;
10) Whether the property has sustained damage by a natural or man-made disaster and whether
or not the building sustained irreparable structural damage; or
11) Whether the property has been declared a dangerous building by the Dangerous Building
Inspector.
d)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.
e) 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
10
Article V. Enforcement
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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.
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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
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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
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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
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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
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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)