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HomeMy Public PortalAbout2022-11-15 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, November 15, 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 September 1, 2022 4. Old Business A. Fees for Applications 5. New Business A. Full Draft Code 6. Other Business 7. Dates to Remember A. Next Regular Meeting Date, December 1, 2022 8. Adjournment City of Jefferson Historic Preservation Code Revision Committee Minutes Regular Meeting – Thursday, September 1, 2022 Boone/Bancroft Room and Virtual WebEx Meeting Page 1 Committee Members Present Bunnie Trickey Cotten Donna Deetz Dr. Debra Greene Dr. Roger Jungmeyer Steve Veile Brad Schaefer Holly Stitt Stacey Young Committee Members Absent Gregory Butler Glover Brown Council Liaison Laura Ward Staff Present Rachel Senzee, Neighborhood Services Supervisor Karlie Reinkemeyer, Neighborhood Services Specialist Dawn Kirchner, Neighborhood Services Specialist Call to Order Ms. Trickey Cotten called the meeting to order at 5:30 p.m. Adoption of Agenda Ms. Young made a motion to adopt the agenda. Ms. Stitt seconded. The agenda was unanimously adopted. Approval of Meeting Minutes from July 7, 2022 Ms. Veile made a motion to approve the July 7, 2022 minutes. Mr. Schaefer seconded the motion. The motion was passed unanimously. 2 Old Business Ms. Senzee began the meeting with a wrap-up of the demolition and dangerous building process. After meeting with Dave Helmick and Ryan Moehlman to discuss changing the HPC code to state that the HPC would be notified ahead of time when they start the dangerous building process, instead of reviewing them after the process begins. The Code Enforcement Dangerous Building code already includes the HPC in its notification process under “other entities.” This would create the action of Code enforcement notifying the HPC. Ms. Deetz moved to adopt the wording as written, and Ms. Young seconded. The motion was passed unanimously. Ms. Senzee moved on to discuss Article V, (1) second paragraph which states, “The Historic Preservation Committee may provide comment on dangerous building notices for the purposes of providing property owners with options to mitigate the dangerous building status. In cases where there appears to be an immediate danger to life and safety, the emergency provisions of Sec. 8-90 shall be utilized.” This is for immediate dangers like fire and building collapse. Ms. Deetz moved to accept the addition, and Ms. Young seconded. The motion was passed unanimously. Ms. Senzee discussed fees for applications. The committee discussed setting fees for applications. The committee decided that each defined historic designation should have a different fee. Setting fees for local historic districts, local landmarks, and historic legacy districts were discussed. After considerable discussion, Ms. Trickey-Cotten proposed that city staff put together a fee structure for these applications and bring it before the Committee at the next meeting. New Business Ms. Senzee discussed Article I, Section A – In General – There was a discussion about moving number 5 to the beginning and changing the wording on number four to state, “as funding may be available, provided for economic benefits to encourage business and residential owners to locate and invest in historically significant properties”, and change the wording on number 7 to state, “promoting the use of historic districts and landmarks for the education, enjoyment, and welfare of the people of the City.” Mr. Veile made a motion to accept the changes proposed above. Ms. Stitt seconded the motion. The committee passed the motion with one “Nay” from Dr. Greene who stated that she thinks the wording is fine the way it is and does not see the need to make the changes. The next item on the agenda was Article I, Section B – Applicability – This chapter and applies to all properties in the City of Jefferson’s local historic districts, National Register Districts, individually listed National Register properties and local landmarks. There was discussion about what to do about properties that do not fall into these categories, but the committee could not come to a resolution. The HPC would have to find funds to make them registered historic properties. Mr. Veile moved that this item be held until the next meeting, and Ms. Stitt seconded it. The motion was carried by the Ayes. Ms. Trickey-Cotten and Dr. Greene voted “Nay” on the motion to wait because they think this process needs to be moved along. Ms. Senzee moved on to Article II – Responsibilities and Procedures was removed because these are already well represented under the Responsibilities and Procedures within each section of the code. 3 Dr. Greene moved to accept the removal of Article II. Ms. Deetz seconded it. The Ayes carried the motion. Ms. Senzee moved on to Article IV, Section (c) – In cases of declared emergencies, permits for temporary or permanent repairs, reconstruction, and alterations shall undergo an administrative permit review process by the Director that may result in a certificate of appropriateness or denial. The Director shall use the same standards that would be used by the Historic Preservation Commission in non-emergency situations. This is a mechanism for people to move quickly to repair their property in case of emergencies. Ms. Stitt made the motion to approve. Ms. Deetz seconded it. The Ayes carried the motion. Ms. Senzee moved on to page 12. It was requested at the last meeting that number 11 be removed because it is redundant. It was also recommended that the last sentence in letter (d) be removed because this is covered in Chapter 8 of the Building Codes. On page 13, (e) was updated to state, “If the application for demotion is denied, the applicant may seek an appeal, in writing, to the City Council within thirty (30) days. The written appeal shall be delivered to the City Clerk.” Section 5 regarding signs, fences, and landscaping was discussed at the last meeting and it was decided by this committee to incorporate those items into the design standards of the local historic district. Ms. Deetz moved to accept these changes as stated. Ms. Stitt seconded. The motion was approved unanimously. The last article covered was Article V. Enforcement – Staff worked on two options to present to the committee to determine which way they want to enforce this action. Option 1 – Municipal Court Action – The Director may issue a General Ordinance Complaint to the violator requiring an appearance in the Municipal Court for abatement of the violation. Option 2 – Administrative hold on issuing permits for violators – 1) Violators would be placed on administrative hold from receiving building permits for one year. 2) Have an appeal process in which the violator, appears before the HPC for review. The HPC may or may not approve the issuance of the permit under review. Ms. Senzee explained that the committee could choose one or both of these options. There was a discussion on preventing people from getting their permits for one year. The committee discussed changing the wording in Option 2 to read – Violators will be placed on administrative hold from receiving building permits for “up to” one year and let the administrator decide. The committee discussed putting violators through the Administrative Hold as the first option and then going through the Municipal Court Action if they do not follow the Administrative process. Mr. Veile made a motion to recommend two options – Option #1) Administrative hold as written but amended to improve the language to state “up to” one year and include both points; and Option #2) Municipal Court Action, as discussed above and bring it back to the committee. Ms. Young seconded the motion. Ms. Trickey-Cotten opened it up for discussion and Mr. Schaefer asked who determines the “up to” one year. Ms. Trickey-Cotten requested that staff look at how other cities do this. 4 The motion was passed with the conditions to look at other cities’ policies, reordering the policy, and rewriting the language. The next meeting will be held on October 6, 2022, in the Boone Bancroft Room at 5:30 p.m. Ms. Trickey Cotten asked for a motion to adjourn. Ms. Deetz gave the motion to adjourn, and Ms. Young seconded. The motion to adjourn was passed unanimously and the meeting was adjourned at 6:49 p.m. 1 Article I. – In General Sec. 15A-1 Statement of Purpose. The purposes of this article are to promote the educational, cultural, economic, and general welfare of the community by: 1. Protecting and enhancing the attractiveness of the City to home buyers, tourists, visitors, and shoppers, thereby supporting and promoting business, commerce and industry, and providing economic benefit to the City; 2. Providing a mechanism to identify and preserve the distinctive historic, archaeological, and architectural characteristics of the City of Jefferson which represent elements of the City's cultural, social, economic, political, and architectural history; 3. Fostering civic pride in the beauty and noble accomplishments of the past as represented in the City's landmarks and historic districts; 4. Conserving and improving the value of property designated as landmarks or within historic districts; 5. Providing economic benefits to encourage business and residential owners to locate and invest in historically significant properties; 6. Fostering and encouraging preservation, restoration, and rehabilitation of the City's historic structures, areas, and neighborhoods; 7. Promoting the use of historic districts and landmarks for the education, enjoyment, and welfare of the people of the City; and 8. Promoting the identification, evaluation, protection, and interpretation of the prehistoric and historic archaeological resources within the corporate limits of the City. 2 A. Applicability This chapter is applicable to all properties in the City of Jefferson’s local historic districts, Historic Legacy Districts, National Register Districts, local landmarks, and individually listed National Register properties. B. Definitions Unless specifically defined words or terms of this article 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. Accessory structure. A structure that is: 1) detached from and clearly incidental and subordinate to the principal use of or structure on a lot, 2) located on the same lot as the principal structure or use, and 3) clearly and customarily related to the principal structure or use. For residential uses these include, but may not be limited to garages, garden and tool sheds, and playhouses. 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 are generally identified and described as being important products of human thought and action characteristics of a population or community. Architectural Style. The specific identifying characteristics of a building are both as it appears to the eye and as it is known to exist in design and structure. Certificate of Appropriateness. A Certificate of Appropriateness is an approval issued by the CJHPC that allows work that conforms to the requirements established by that historic designation on the exterior of certain historic designated properties. CJHPC. The City of Jefferson Historic Preservation Commission. Commissioners. Members of the City of Jefferson Historic Preservation Commission. Contributing (or contributory). A significant building, site, structure, or object which adds to the architectural qualities, historic association, or archeological value of a historic district because: A. It was present during the pertinent historic time; 3 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 resource. Districts, sites, structures, objects, and evidence of some importance to a culture, 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 Dangerous Building. Refers to Sec. 8-82 of City Code. Director. The Director of the Department of Planning and Protective Services, or his or her designee. Exterior. 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. 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 another distinctive area that was or should be developed or preserved according to a plan based on a historic or architectural motif; 4 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. Local landmark. Local landmark means a single property, site, building, structure, or object, so designated by the ordinance of the City Council, which due to its historic, architectural, or archaeological significance to the City, is worthy of rehabilitation, restoration, stabilization and/or preservation and interpretation. Landscape. 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. Local historic district means an area designated as a "historic district" by ordinance of the City Council that may contain, within an identifiable geographic boundary, a significant concentration, linkage, or continuity of properties, sites, archaeological sites, buildings, structures, or objects, known as landmarks and/or contributing properties in a historic district, united by past events or aesthetically by plan or physical development and which is worthy of rehabilitation, restoration, stabilization and/or preservation and interpretation. National Register. The current National Register of Historic Places was established by the passage of the National Historic Preservation Act of 1966, 80 Stat. 915, 16 U.S.C. 470 et seq. as amended. National Register Property. A property that has been listed individually on the National Register of Historic Places. Noncontributing (or non-contributory). 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. 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 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 the property, but not including legal entities holding mere easements or leasehold interests. (May also be referred to as "property owner(s)"). Current 5 owner(s) of record are those listed as owners on the records with the Cole County Recorder of Deeds. 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. 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. Standards. The Secretary of Interior's Standards for the Treatment of Historic Properties, codified as 36 CFR 68 in 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, fences, gazebos, advertising signs, billboards, backstops for tennis courts, radio, and television antennas, including supporting towers and swimming pools. Article II. Designation of Local Historic Districts, Local Landmarks, and Historic Legacy Districts Sec. 15A-2 – Statement of Purpose. The City of Jefferson Historic Preservation Commission, City Council, and any participating property owners may identify potential local historic districts and 6 local landmarks based upon the criteria identified in this article and the Secretary of Interior Standards. Sec. 15A-3 - 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 the 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. 15A-4 - 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. 7 c. Property narrative, including; historic name (if known), year built or established, and information addressing one or more of the criteria identified in Sec. 15A-3. 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 the 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.15A-3. e. Signatures from 33 % of property owners within the 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. 3. For nominations of a Historic Legacy District: a. Applicant contact information. b. Map showing the boundaries of the proposed district. c. Written response(s) to at least one of the required criteria for nomination as identified in Sec. 15A-6. d. List of sources consulted to prepare written responses (newspaper articles, photographs, books, government documents, oral histories, etc.). Sec. 15A-5 - Designation Process for Local Landmark and Local Historic Districts 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. 8 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 the 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 an 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. 9 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. 15A-3. 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 recommendations shall be forwarded to the City Council. b. Local Historic Districts. Recommendations on applications for the designation of a local historic district shall be a two-step process. c. First, the Historic Preservation Commission shall make a recommendation to either approve or deny a designation of a local historic district. d. 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. e. 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 10 Commission’s recommendation is for denial of a designation of a local historic district. f. 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 recommendation 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 the 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 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. [SR1] 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. 15A-3. 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 Sec. 15A-3. 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. 11 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. 15A-6 - Designation Process for 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 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 of 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 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. 12 F. Effect of Historic Legacy Districts 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. Amending an established Historic Legacy District. Once a historic legacy district is established by ordinance under this section, such historic legacy district may be amended upon the application of owners of record of parcels seeking to be added to an established historic legacy district. Such additional parcels shall be within reasonable proximity to, and share historical and cultural characteristics in common with the historic legacy district sought to be expanded. Applications to expand a historic legacy district shall be reviewed under the same criteria set forth in Sec. 15A-6 and under the same procedures applicable to the original establishment of a historic legacy district. A historic legacy district may only be amended by ordinance. Sec. 15A-7 - Procedure to Amend or Rescind A. Nomination Withdrawal. An applicant may, in writing, withdraw their application for a local landmark, local historic district, or historic legacy 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 set forth in Sec. 15A-5 for the establishment of design standards. 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, 13 b. 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. c. 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. (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. d. 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, and alterations to structures. Sec. 15A-8 (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. (c) In cases of declared emergencies, permits for temporary or permanent repairs, reconstruction, and alterations shall undergo an administrative permit review process by the Director that may result in a certificate of appropriateness or denial. The 14 Director shall use the same standards that would be used by the Historic Preservation Commission in non-emergency situations. (2) Review of building permit. The Director 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. A certificate of appropriateness is issued in support of the 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. (4) If the Historic Preservation Commission finds the requested work unacceptable, the conditions, or the denial, the applicant may seek an 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. 15 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, 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 is 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. A Certificate of Appropriateness is issued in support of the 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 an appeal to the Board of Adjustment within sixty (60) days. (3) Approval of permit. The permit shall not be issued without a Certificate of Appropriateness (“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 the 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. 16 Article V: Demolition Sec. 15A-9 (1) Review of a 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 may provide comment on dangerous building notices for the purposes of providing property owners with options to mitigate the dangerous building status. In cases where there appears to be an immediate danger to life and safety, the emergency provisions of Sec. 8-90 shall be utilized. The Historic Preservation Commission shall act 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 Sec. 15A- 5 (5). 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 for the demolition of dangerous building order under the provision of Section 8-80 through 8-94 of the City Code. 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 17 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; 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 (d) Notification of the Historic Preservation Commission's determination shall be made to the applicant. The notification shall also be sent to the building regulations division within five (5) days after the determination (e) If the application for demolition is denied, the applicant may seek an appeal, in writing, to the City Council within thirty (30) days. The written appeal shall be delivered to the City Clerk. 18 Article V. Enforcement Sec. 15A-10 Enforcement Violation of this Chapter shall be subject to the following enforcement actions: 1. Municipal Court Action. The Director may issue a summons to any person who violates the requirements of the Chapter requiring an appearance in the Municipal Court. 2. Administrative hold on the issuance of permits for violators. Any person who violates the requirements of the Chapter shall be subject to an administrative hold which shall prevent such person or such person’s agent from receiving any building permit on the property upon which the violation occurred for up to one year. The term of the administrative hold shall be set by the Director. Administrative holds issued by the Director may be appealed within thirty days to the Historic Preservation Commission. After notice and hearing conforming to the requirements of Sections 21-9 and 21-10, provided that findings of fact and conclusion of law shall be provide in writing no later than the next regularly scheduled meeting of the Historic Preservation Commission, the Commission may remove or reduce an administrative hold. 3. These remedies may be used concurrently. In addition to the remedies set forth in the Chapter, the City may avail itself of any other remedies available in law or equity to prevent, abate, or mitigate any violation of this Chapter.