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HomeMy Public PortalAboutORD16270BILL NO. 2022-063 SPONSORED BY Councilmember Ward ORDINANCE NO. /119,:q0 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY CODE, CHAPTER 8, SECTIONS 41 THROUGH 48 NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 8, Article IV. Preservation and Conservation of the Code of the City of Jefferson, Missouri, is amended as follows: Sec. 8-41. Definitions A. Unless specifically defined words or terms of this article section shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this article its most reasonable application. Adaptive use. The process of changing the use of a structure or property to a use other than that for which the structure or property was originally designed or a use for a structure or property other than the use for which it was originally designed. (Sometimes called "adaptive reuse"). Alteration. Any act or process that changes one or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction or removal of any structure. Architectural attributes. Those physical features of buildings and structures that are generally identified and described as being important products of human thought and action characteristic of a population or community. Certified local government (CLG). A program of the National Park Service designed to promote the preservation of prehistoric and historic sites, structures, objects, buildings and historic districts by establishing a partnership between the local government, the State Historic Presentation Department and the National Park Service. A certified local government carries out the purposes of the National Historic Preservation Act, as amended. Each certified local government is required to maintain a system of ongoing surveys compatible with the Missouri Historic Preservation Department process. CJHPC. The City of Jefferson Historic Preservation Commission. Commissioners. Members of the City of Jefferson Historic Preservation Commission. Consent. The vote as cast by owners holding majority interest in a parcel of real estate. For purposes of this article, only one vote per parcel may be cast. Editor's note: Deleted language shown thus. Added language shown thus. Except the definitions from Sec. 8-48 have been moved to Sec. 8-41 without amendment unless specifically show. Editor’s note: Deleted language shown thus. Added language shown thus. Except the definitions from Sec. 8-48 have been moved to Sec. 8-41 without amendment unless specifically show. Conservation district. Any area designated by the CJHPC in accordance with this section as an area containing any physical features or improvements or both which are of historical, social, cultural, architectural or aesthetic significance to the City and cause such area to constitute a distinctive section of the City. This overlay zone may be used for areas which have distinctive characteristics that are worthy of conservation, but lack sufficient historical, architectural or cultural significance to qualify as historic areas. Contributing (or contributory). A significant building, site, structure or object which adds to the architectural qualities, historic association or archeological value of an historic district because: A. It was present during the pertinent historic time; B. It possesses integrity and reflects its significant historic character or is capable of yielding important information about the pertinent historic period; or C. It independently meets the standards and criteria of this article. Cultural attributes. All of the physical features of an area that, either independently or by virtue of their interrelationship, are generally identified and described as being important products of human thought and action characteristic of a population or community. Accordingly, the term "cultural attributes" necessarily includes "architectural attributes" as that term is defined in this section. The term "cultural attributes" does not refer to the characteristics or beliefs of people who may reside in or frequent a particular area. Cultural resource. Districts, sites, structures, objects and evidence of some importance to a culture, a subculture or community for scientific, engineering, art, tradition, religious or other reasons significant in providing resources and environmental data necessary for the study and interpretation of past lifestyles, and for interpreting human behavior. Department. The Department of Planning and Protective Services of the City of Jefferson, Missouri. Design criteria. A standard of appropriate activity that will preserve the historic and architectural character of a structure or area. Designation. Official recognition of an historic landmark, conservation or historic district by the City Council according to the procedures and provisions in this article. Director. The Director of the Department of Planning and Protective Services, or his or her designee. Endangered resource. A resource under a known or anticipated threat of damage to the integrity or existence of the resource, such as: A. An immediate threat which will result in loss of or collapse of a structure; B. An immediate threat or destruction by private action; or C. Condemnation for code violations. (Sometimes referred to as a "threatened resource"). Editor’s note: Deleted language shown thus. Added language shown thus. Except the definitions from Sec. 8-48 have been moved to Sec. 8-41 without amendment unless specifically show. Exterior architectural appearance. The architectural character and general composition of the exterior of a structure, including but not limited to the kind, color and texture of the building material and the type, design and character of all windows, doors, light fixtures, signs, and appurtenant elements. Façade. The exterior face of a building which is the architectural front, sometimes distinguished by elaboration or architectural or ornamental details. Historic district. An area designated as an historic district by ordinance of the City Council and which may contain within definable geographic boundaries one or more significant sites, structures or objects, and which may have within its boundary’s other properties or structures that, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless to the overall virtue characteristics of the significant sites, structures or objects located within the historic district. Historic legacy district. Is a geographical area of historical and cultural significance for which most of all of the physical attributes (structures, streets, public areas, archeological etc.) relevant to the historical or cultural period of significance no longer exist. Historic preservation. The study, identification, protection, restoration and rehabilitation of buildings, structures, objects, districts, areas and sites significant in the history, architecture, archeology or culture of the City, State or nation. Historically or architecturally significant. Possessing that quality present in an area, site, structure, object or district because it: A. Is associated with an event or events that significantly contributed to the broad patterns of the history or architectural heritage of the City, County, State or nation; B. Is associated with the life or lives of a person or persons significant in the history of the City, County, State or nation; C. Embodies distinctive characteristics of a type, design, period or method of construction; D. Represents the work of a master designer or architect or possesses high architectural value; E. Exemplifies the cultural, political, economic, social or historic heritage of the City; F. Contains elements of design, detail, material or craftsmanship which represent a significant construction innovation; G. Is part of or related to a square, park or other distinctive area that was or should be developed or preserved according to a plan based on an historic or architectural motif; H. Is an established and familiar visual feature of a neighborhood or the entire community; or I. Has yielded, or is likely to yield archeological artifacts and/or information. Editor’s note: Deleted language shown thus. Added language shown thus. Except the definitions from Sec. 8-48 have been moved to Sec. 8-41 without amendment unless specifically show. Key contributing. A site, structure or object of such an outstanding quality and state of conservation that it significantly adds to the architectural qualities, historic association or archeological values of an historic district because: A. It was present during the pertinent historic time; B. It possesses and reflects its significant historic character or is capable of yielding important information about the pertinent historic period; and C. It independently meets the standards and criteria of the article. Landmark. A site, structure or object designated as a landmark by ordinance of the City Council, pursuant to procedures prescribed herein, that is worthy of rehabilitation, restoration and preservation because of its historic and/or architectural significance to the City. Landscape feature. Any element or component of outdoor open space including, but not limited to, fences, walls, retaining walls, gates, sidewalks, walkways, driveways, parking lots, patios, terraces, decks, ground cover, trees, plants, outdoor furniture, exterior light standards, fountains, statuary, detached signs, and other such elements. Local historic district. A historic district established in accordance with Chapter 8, Article IV of the City Code. Marker. A sign used to label or identify a designated landmark or historic district as an architecturally significant property. National Register. The current National Register of Historic Places established by passage of the National Historic Preservation Act of 1966, 80 Stat. 915, 16 U.S.C. 470 et seq. as amended. Noncontributing (or noncontributory). A site, structure or object that does not add to the architectural qualities, historic association or archeological values of a landmark or historic district because: A. It was not present during the pertinent time; B. Due to alterations, disturbances, additions or other changes, it no longer possesses integrity nor reflects its significant historic character or is incapable of yielding important information about the pertinent historic period; or C. It does not independently meet the standards and criteria of the ordinance. Normal maintenance and repair. Any improvement or work for which a building permit is not required by City ordinance designed to correct deterioration, decay or damage and restore, as may be practical, a structure or property to the condition that existed prior to the deterioration, decay or damage. Notable structure. A structure found to be notable per the review criteria listed in subsection 8-43.G. Object. Those physical items that have functional, aesthetic, cultural, historical or scientific value and are relatively small in scale and simply constructed. While an object may be, by nature or design, movable, it should be located in a specific setting or Editor’s note: Deleted language shown thus. Added language shown thus. Except the definitions from Sec. 8-48 have been moved to Sec. 8-41 without amendment unless specifically show. environment appropriate to its significant historic use, role or character. Objects include sculptures, monuments, street signs, fence posts, hitching posts, mileposts, boundary markers, statuary and fountains. Owner(s) of record. Those individuals, partnerships, firms, corporations, public agencies or any other legal entity holding title to property, but not including legal entities holding mere easements or leasehold interests. (May also be referred to as "property owner(s)"). Current owner(s) of record are those listed as owners on the records with the Cole County Recorder of Deeds. Period. A chronological division identified in the analysis of the historical development to an area or region (i.e., Victorian, Modern). Protection. The application of measures to defend, guard, cover or shield a building, site, structure or object from deterioration, loss, attack, danger, or injury. In the case of buildings, structures or objects such measures generally are of a protective nature and usually precede preservation measures. In the case of archeological sites, the protective measures may be temporary or permanent. Reconstruction/reconstruct. The reproduction of the exact form and detail of a vanished building, site, structure or object or a part thereof, as it appeared at a pertinent time using both original and modern materials and based on precise historical documentation and physical evidence. Rehabilitation/rehabilitate. The act of returning a site, structure or object to a useful state through its repair and/or alteration while retaining the characteristic features of the property which are significant to its historical and architectural value. Remodeling. Modification and modernization of a structure or property without striving to return to or replicate the original historical and architectural character of the structure or property. Removal. Any relocation of a structure in whole or in part on its site or to another site. Repair. Any change to a structure or object that is not construction, removal or alteration. Resource. Any site, structure, object or area that constitutes a source of present and future usefulness. Restoration/restore. The act of accurately recovering the form and details, based on precise historical documentation and physical evidence, of a building, site, structure or object as it appeared at a pertinent time including the removal of improvements that are not appropriate and the replacement of missing or deteriorated features. Site. The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined or vanished, where the location itself possesses historic, cultural or archeological value regardless of the value of any existing structure. Examples of sites include habitation sites, burial sites, village sites, hunting and fishing sites, ceremonial sites, battlefields, ruins of historic buildings and structures, campsites, designed landscapes, natural textures, springs and landscapes having cultural significance. Stable. The area is expected to remain substantially the same over the next 20-year period with continued maintenance of the property. While some changes in structures, land uses Editor’s note: Deleted language shown thus. Added language shown thus. Except the definitions from Sec. 8-48 have been moved to Sec. 8-41 without amendment unless specifically show. and densities may occur, all such changes are expected to be compatible with surrounding development. Stabilizing. The area is expected to become stable over the next 20-year period through continued reinvestment, maintenance or remodeling. Standards. The Secretary of Interior's Standards for the Treatment of Historic Properties, codified as 36 CFR 68 in the July 12, 1995 Federal Register (Vol. 60, No. 133), and as revised from time to time. Structure. Anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, including, but without limiting the generality of the foregoing: buildings, fence, gazebos, advertising signs, billboards, backstops for tennis courts, radio and television antennas, including supporting towers and swimming pools. Style. The specific identifying characteristics of a building both as it appears to the eye and as it is known to exist in design and structure. Survey. An architectural and historical examination of historic resources to identify historic properties within an area. (Ord. No. 12794, Appendix A, 8-17-98, Ord. No. 15760, § 3, 1-03-18) Sec. 8-42. Surveys and research. The City of Jefferson Historic Preservation Commission (CJHPC), as created by section 7-51 of the City Code, shall undertake an ongoing survey and research effort in the City of Jefferson to identify neighborhoods, areas, sites, structures, and objects that have historic cultural, archaeological, architectural or aesthetic importance, interest or value as part of the survey, and shall review and evaluate any prior surveys and studies by any unit of government or private organization and compile appropriate descriptions, facts, and photographs. The CJHPC shall systematically identify potential landmarks, historic districts, and historic legacy districts and adopt procedures to nominate them based upon the following criteria: A. The potential landmarks, historic districts, and historic legacy districts which are in an identifiable neighborhood or distinct geographical area which have historic and/or cultural importance to the City; B. The potential landmark, historic districts, and historic legacy districts are associated with a particular prominent person, a significant event, or a historical period; C. The potential landmarks, historic districts, and historic legacy districts exhibit a particular architectural style or school, or are associated with a particular architect, engineer, builder, designer, or craftsman; D. The potential landmarks, historic districts, and historic legacy districts contain historic, prehistoric, and archaeological features, evidence, and/or artifacts which have the potential to contribute to the understanding of historic and prehistoric cultures; or E. Such other criteria as may be adopted by the CJHPC to assure the systematic survey and nomination of all potential landmarks, historic districts, and historic legacy districts within the City. Editor’s note: Deleted language shown thus. Added language shown thus. Except the definitions from Sec. 8-48 have been moved to Sec. 8-41 without amendment unless specifically show. (Ord. 13251, 8-20-2001; Ord. 14088, § 2, 8-7-2006) Sec. 8-43. Review of demolition proposals by Historic Preservation Commission. Sec. 8-48. Historic Legacy Districts. A. Application/Nomination. Applications to establish a historic legacy district shall be made on forms available at the office of the Department of Planning and Protective Services. Applications must be submitted to the Department; the Department shall forward applications to the CJHPC. Each historic legacy district must be nominated by a separate application. The designation of a historic legacy district shall in no way alter the uses permitted by existing zoning, land use, or future development of the property so designated. B. Notice. Upon receipt of an application to establish a historic legacy district, the Department shall notify by first class mail the property owners within the proposed historic legacy district of the application of a public hearing before the CJHPC where all interested persons shall be allowed to appear and be heard. Such notice shall be mailed at least fifteen days prior to the public hearing. C. Criteria. The CJHPC shall utilize the following criteria to establish a historic legacy district: 1. Most of all of the physical attributes (structures, streets, public areas, archeology, etc.) relevant to the historical or cultural period of significance no longer exist; and at least one the following three criteria: a. Its character, interest, or value as part of the development, heritage, or cultural characteristics of the community, county, state, or nation; or b. Its location as a site of a significant local, county, state, or national event; or c. Its identification with a person or persons who significantly contributed to the development of the community, county, state, or nation. D. Recommendation by CJHPC. After the public hearing, CJHPC shall vote to make a recommendation as to whether a historic legacy district shall be established and such recommendation shall be forwarded to the City Council. E. Action by the City Council. After receipt of a recommendation from CJHPC, the City Council may establish a Historic Legacy District by ordinance. Each historic legacy district must be established by a separate ordinance. The City Council may return an application to the CJHPC for further hearings, debate, or investigation. F. Effect of Historic Legacy District on Included Properties. The establishment of a Historic Legacy District shall in no way alter the uses permitted by existing zoning, land use, or future development of the property(ies) so included within such district. G. Expansion of an established historic legacy district. Once a historic legacy district isestablished by ordinance under this section, such historic legacy district may beexpanded upon application of the owners of record of parcels seeking to be added toan established historic legacy district. Such additional parcels shall be withinreasonable proximity to> and share historical and cultural characteristics in commonwith the historic legacy district sought to be expanded. Applications to expand ahistoric district shall be reviewed under the same criteria set forth in subsection Cabove and under the same procedures applicable to the original establishment of ahistoric district, A historic legacy district may only be expanded by ordinance.Section 2. This Ordinance shall be in full force and effect from and after the dateof its passage and approval.Passed:_ Asft- U. 202%ddAj^Approved:.Presiding OfficerMayor Carrie Tergin (J ^ATTEST:APPROVED AS TO FORM:City^lerkCity^ttorneyEditor's note: Deleted language shown thws. Added language shown thus. Exceptthe definitions from Sec. 8-48 have been moved to Sec8-41 without amendmentunless specifically show.