Cottleville City Zoning Code
ARTICLE III
Special District/Old Town Cottleville
Section 405.095 "S-D/OT" Special District/Old Town Cottleville.
[Ord. No. 87, 6-15-1989; Ord. No. 231 §4, 11-2-1995; Ord. No. 396 §1, 3-4-1999]
A.
Purpose Of District. The purpose of this district is to preserve the integrity of Old Town Cottleville as identified on the official Zoning Map and to provide for development consistent with preserving the Old Town image and environment. The regulations of this special district are intended to allow greater design flexibility in development than is permitted by the other district regulations.
B.
Uses Permitted. A building or lot shall be used only for the following purposes: All uses permitted in "R-1" and "R-2" shall be permitted uses in the "S-D/OT" Districts. All conditional uses in the "R-1" and R-2" Districts and all permitted and conditional uses in the "C-1", "C-2", "C-3", "C-4" and "C-5" Districts shall be conditional uses in the "S-D/OT District". Single-family and two-family dwellings may be located above the first (1st) floor permitted use. All uses in this district shall be subject to the regulation as outlined in accordance with the zoning and subdivision regulations of the City of Cottleville.
C.
Conditional Uses. The following uses shall be allowed in the S-D/OT, Special District/Old Town Cottleville if approved in accordance with the conditional use review and approval procedures:
[Ord. No. 1784, 7-31-2019; Ord. No. 1924, 6-17-2021]
Financial Institutions and Services |
Miscellaneous Medical Services |
Miscellaneous Office Uses |
Miscellaneous Retail Uses |
Miscellaneous Service Providers |
Mobile Vending Business Eating and Drinking Gardens |
Pet Grooming and Boarding |
Veterinary Services |
U.S. Postal Service |
D.
Building Height. No building shall be erected or enlarged to exceed thirty-five (35) feet or two and one-half (2½) stories in height.
E.
Lot Area Requirements. There are no minimum lot area requirements in this district.
F.
Yard Requirements. Since there were no planning and zoning regulations when Old Town Cottleville was originally established, yard requirements shall be consistent with existing layouts and will require approval by the Planning and Zoning Commission on an individual basis.
G.
Parking Requirements. The parking requirements of this district shall be determined by the Planning and Zoning Commission on an individual basis after evaluating existing conditions and space available.
H.
Architectural Requirements. There are no specific architectural requirements; however, the architecture of the later nineteenth and early twentieth century is to be encouraged.
Section 405.100 Scope.
[Ord. No. 535 §1, 4-11-2002]
The zoning ordinances of the City are hereby amended by the creation of the Old Town Historic District. The Old Town Historic District (sometimes hereinafter referred to as "the District") is defined as the area within the City as depicted on Exhibit 1 to Ordinance No. 535 which is on file in the City offices and incorporated by reference herein. The district is an overlay district and the following rules and procedures shall be in addition to those of the underlying zoning districts.
Section 405.105 Old Town Historic District Commission.
[Ord. No. 535 §2, 4-11-2002; Ord. No. 957 §1, 10-11-2007]
A.
The Old Town Historic District Commission (sometimes hereinafter referred to as "OTHDC") is hereby created for the purposes stated in Section 253.415, RSMo., and for such further purposes as are hereinafter stated. The Old Town Historic District Commission shall also have authority to recommend any real property or structure within the City limits of Cottleville be designated as a registered historical contributing resource by the Board of Aldermen upon application and shall have authority to consider such applications. An applicant shall identify potential Landmarks, Historic District Contributors and Historic Districts in one (1) identifiable neighborhood or district geographic area of the City of Cottleville, based upon one or more of the following premises:
1.
It is associated with a particular person, event or historical period;
2.
It is of a particular architectural style or school or of a particular architect, engineer, builder, designer or craftsman;
3.
It contains historic and prehistoric archaeological resources with the potential to contribute to the understanding of historic and prehistoric cultures.
The Commission would not likely consider a property less than fifty (50) years old unless it is highly significant with regard to the criteria above. |
Section 405.106 Application for Designation.
[Ord. No. 957 §2, 10-11-2007]
A.
Application hereinafter made for designation as an historic landmark or district shall be made to the OTHDC by filing an application in the office of the City Clerk, who shall inform the OTHDC of receipt of such application at their next regular meeting; and, within ten (10) days of receipt, mail a notification of the intent to nominate to the owner of record of the nominated property. Applications may be made by any owner of affected property, subdivision trustee or agent, neighborhood association, board or commission of the City, or the Board of Aldermen. Such applications shall be made in writing and shall comply with rules regarding the submission of applications adopted by the historic preservation commission. The application shall include the following:
1.
An accurate legal description, acceptable to the City Attorney or recording purposes, of the boundaries of the site of the proposed historic landmark or the boundaries of the historic district;
2.
A map indicating existing land use surrounding the proposed historic landmark or within the proposed historic district boundaries and on the abutting land;
3.
A statement of the historical or architectural significance of the proposed historic landmark or district;
4.
A summary, description, example or outline of the recommended regulations and standards for the proposed historic landmark or district, including a description of the alterations, repair or other construction for which building permits may be approved by the zoning administrator only following review by the Historic Preservation Commission;
5.
The full name of the person or body submitting the application and the signature of the applicant. In the case of organizations, corporations or public bodies, the signature shall be that of the person authorized to sign in behalf of the organization, corporation or public body.
B.
In the event that the application for nomination is submitted by a member of the OTHDC or the Board of Aldermen a copy of the application of nomination, notice of the time and place of the public hearing on the proposed nomination, and a copy of the OTHDC regulations shall be sent by certified mail with return receipt to the owner(s) of record as listed in the records of the St. Charles County Recorder of Deeds. The City shall also cause notice of the time and place of the public hearing to be published in a newspaper having a general circulation within the City at least fifteen (15) days prior to the date of the hearing. Following such notice, the OTHDC shall conduct the public hearing on each nomination of a Landmark, Historic District Contributing Resource or a Historic District to solicit input and comment on the proposed nomination and guidelines for Certificate of Appropriateness. The notice shall also be posted on the bulletin board at City Hall.
Section 405.107 Designation of Historical Contributing Resources.
[Ord. No. 957 §3, 10-11-2007]
A.
The OTHDC shall, upon such investigation as it deems necessary, make a determination as to whether a nominated property, structure, site, area or district meets one (1) or more of the following criteria, based on the criteria for evaluation for the national register of historic places:
1.
Criteria based on person, event or historical period:
a.
Its location as a site of a significant local, County, State or national event;
b.
Its identification with a person or persons who significantly contributed to the development of the community, County, State or country; and/or
c.
Its potential to yield information important to history and prehistory.
2.
Criteria based on architectural style or innovation:
a.
Its embodiment of distinguishing characteristics of an architectural type valuable for the study of a period, type, method of construction or use of indigenous materials;
b.
Its identification as the work of a master builder, designer, architect or landscape architect whose individual work has influenced the development of the community, County, State or country;
c.
Its embodiment of elements of design, detailing, materials or craftsmanship that render it architecturally significant;
d.
Its embodiment of design elements that make it structurally or architecturally innovative;
e.
Its character as a particularly fine or unique example of a utilitarian structure, including, but not limited to, farmhouses, gas stations or other commercial structures, with a high level of integrity or architectural significance;
f.
Its suitability for preservation or restoration, including, but not limited to, sufficient integrity of location, design, materials and workmanship, to make it worthy of preservation or restoration;
g.
Its potential to be returned to an accurate historic appearance regardless of alterations or insensitive treatment that can be demonstrated to be reversible; and/or
h.
Its overall setting and harmony as a collection of buildings, structures, objects where the overall collection forms a unit.
3.
Criteria based on resources that contribute to the understanding of historic culture:
a.
Its character, interest or value as part of the development, heritage or cultural characteristics of the community, County, State or country; and/or
b.
Its unique location or singular physical characteristic that make it an established or familiar visual feature of the neighborhood, community or City.
4.
With respect to a Historic District, the Commission shall consider the following in addition to the criteria set forth above:
a.
The proposed district is a definable area possessing a significant concentration, linkage or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical development or a non-contiguous grouping of thematically related properties which contribute to each other; and,
b.
The proposed district is of importance to the history of the City, State or nation for historical, architectural, archaeological, engineering or cultural values.
5.
With respect to property which does not contain a building, structure or any gravesite, the Commission and Board of Aldermen must find that such property has considerable historical significance, such as a historical battle site, historic landing place or historic meeting place, so as to justify its maintenance as an undeveloped parcel of property.
B.
In the event that all of the owner(s) of record do not submit the application for nomination or otherwise provide written consent of the nomination for designation as a Landmark or Historic District Contributor, then the nomination shall be denied unless it receives a favorable vote of a simple majority of the total members of the OTHDC and a favorable vote of a majority of the members elected to the Board of Aldermen.
C.
In the event fifty percent (50%) of the property owners within a Historic District do not submit the application for nomination or otherwise provide written consent to the nomination for a Historic District, then the nomination shall be denied.
D.
No building permit or demolition permit shall be issued by the Building Department for any nominated landmark, nominated Historic District Contributor or any property or structure within a nominated Historic District from the date of the meeting of the OTHDC at which a nomination is first presented until the final disposition of the nomination by the Board of Aldermen, unless the alteration is authorized by the Landmark and Historic District Commission, but in no event shall the delay be more than one hundred eighty (180) days.
Section 405.108 Report and Recommendation.
[Ord. No. 957 §4, 10-11-2007]
A.
The OTHDC shall make a recommendation to the Board of Aldermen concerning whether the nominated Landmark, Historic District Contributor or a Historic District meets the criteria for designation within fifty (50) days from receipt of a completed nomination, in proper form, unless otherwise extended by the OTHDC and the owner(s) of the nominated Landmark property or fifty percent (50%) of the property owners within the designated Historic District. The recommendation shall be accompanied by a report containing the following information:
1.
Explanation of the significance or lack of significance of the nominated Landmark, Historic District Contributor or a Historic District as it relates to the criteria for designation;
2.
Explanation of the integrity or lack of integrity of the nominated Landmark, Historic District Contributor or a Historic District;
3.
Proposed design guidelines for applying the criteria for review of Certificates of Appropriateness to the nominated Landmark, Historic District Contributor or a Historic District;
4.
A map showing the location of the nominated landmark or the boundaries of the nominated Historic District and all Landmarks and Historic District Contributors;
5.
In the case of a nominated Landmark or Historic District Contributor found to meet the criteria for designation:
a.
The significant exterior architectural appearance or features of the nominated Landmark or nominated Historic District Contributor that should be protected;
b.
The alterations and demolitions that should be reviewed for a Certificate of Appropriateness;
c.
Archaeological significance and recommendations for interpretation and protection.
6.
In the case of a nominated Historic District found to meet the criteria for designation:
a.
The types of significant exterior architectural appearance or features of the Landmarks and Historic District Contributors that should be protected;
b.
The types of alterations and demolitions that should be reviewed for a Certificate of Appropriateness;
c.
The type and significance of historic and prehistoric archaeological sites within the nominated Historic District;
d.
Proposals for design guidelines;
e.
The relationship of the nominated Historic District to the ongoing effort of the OTHDC.
7.
The recommendation and report of the OTHDC shall be sent to the Board of Aldermen within seven (7) days following its vote and shall be available to the public in the office of the City Clerk.
B.
Notice of the determination of the OTHDC, including a copy of the report, shall be sent by regular mail to the nominator, the owner(s) of record of a nominated Landmark or Historic District Contributor and to all property owners within a nominated Historic District within ten (10) days following a recommendation.
Section 405.109 Declaration of Designation.
[Ord. No. 957 §5, 10-11-2007]
A.
Upon receipt of the recommendation from the OTHDC, the Board of Aldermen shall conduct a public hearing on the nomination. Notice of the time and place of the public hearing shall be sent to the owner(s) of record and shall be published in a newspaper having a general circulation within the City at least fifteen (15) days prior to the date of the hearing. The Board of Aldermen shall make its determination based upon the criteria considered by the OTHDC as set forth herein and following the public hearing, the Board of Aldermen shall act upon such matter by expressing its approval or disapproval of the nomination with for without modification to the OTHDC's recommendation. Approval shall be by way of an ordinance and such ordinance shall explain the reasons for the action of the Board of Aldermen. Disapproval may be by way of motion or failure of the Board of Aldermen to approve an ordinance approving the designation.
B.
Within ten (10) days of the Board of Aldermen action, the City Clerk shall provide written notification of such action by regular mail to the nominator and the owner(s) of record of the nominated Landmark, Historic District Contributor or all properties within a nominated Historic District. If the Board of Aldermen approves the nomination, the notice shall include a copy of the designation ordinance and the requirements that result from such designation. A copy of the notification ordinance shall also be sent to the OTHDC, the Planning and Zoning Commission, the Building Department and these documents shall be recorded at the St. Charles County Recorder of Deeds office.
C.
Upon designation by the Board of Aldermen, the Landmark, Historic District Contributor or all properties within the nominated Historic District, shall be classified and shown as an overlay "H" Historic Zoning on the official zoning map of the City of Cottleville. The Building Department will maintain an official register in which shall be entered all such designations, adequately described for proper identification. A statement of considerations in making such designations shall be filed with the Building Official, who shall maintain such statement for public use and inspection. The landmarks register may be part of a larger database of historic inventory to suit the purposes of the OTHDC.
Section 405.110 Amendments or Rescission of Designation.
[Ord. No. 957 §6, 10-11-2007]
A.
The Board of Aldermen may by ordinance amend or rescind the designation of any Landmark or Historic District or reclassify a Historic District Contributor as a Non-Contributor, upon a finding by a simple majority of the OTHDC and the Board of Aldermen that the Landmark or a Historic District or Historic District Contributor in question no longer meets the criteria used for its designation. The procedure for rescission of a designation shall be the same as the procedure for nomination and designation, provided however, that in reclassifying a Historic District Contributor; notice shall be given to properties within the Historic District.
B.
Within ten (10) days after approval of an ordinance amending or rescinding the designation of any Landmark, Historic District or Historic District Contributor, the City shall send to the property owner(s), as listed in the Recorder of Deeds records of St. Charles County, of each property affected by such amendment or rescission or each property within the designated area, a copy of the ordinance amending or rescinding the designation. These documents shall also be recorded at the St. Charles County Recorder of Deeds office and sent to the OTHDC and Building Department.
Section 405.111 Redesignation of Existing Landmarks and Historic Districts.
[Ord. No. 957 §7, 10-11-2007]
A.
By January, 2009, all structures and properties designated as a Landmark shall retain such Landmark status and will be considered for redesignation under the appropriate procedures and criteria set forth herein without the need for the filing of an application for nomination. Such designated Landmarks shall continue to be subject to the provisions of the previous ordinance which will be applied by the OTHDC until redesignation or the expiration of five (5) years, whichever occurs first. However, if any structure or property is not redesignated as a landmark by January, 2009, the designation as a landmark shall be deemed to be rescinded and notice of such rescission shall be recorded with St. Charles County Recorder of Deeds and filed with the Building Official.
B.
In accordance with the provisions set forth herein, application of nomination for redesignation of a landmark shall be sent by certified mail with a return receipt to the owner(s) of record. If the owner(s) of record provide written consent to the redesignation as a landmark, then the OTHDC and the Board of Aldermen shall consider the redesignation in accordance with the procedures set forth herein for "Nomination and Designation" except that there shall be no public hearings on the redesignation. In the event that the owner(s) of record fail to provide written consent of the redesignation as a Landmark, then the redesignation shall proceed in accordance with the procedures set forth herein for "Nomination and Designation" and shall be denied unless it receives a favorable vote of five-sevenths (5/7) of all of the members appointed to the OTHDC and a favorable vote of a majority of the members elected to the Board of Aldermen.
C.
By January, 2009, all structures and properties designated as being within the Old Town Historic District (as originally defined by Ordinance 535 shall retain such zoning classification and designation and shall be subject to the terms and provisions set forth herein.
Section 405.112 General Provisions.
[Ord. No. 535 §3(1), 4-11-2002]
A.
Intent And Purpose. The intent and purpose of these regulations are to promote, preserve, protect and enhance the educational, cultural, economic and general welfare of the area known as Old Town Historic District by:
1.
Providing a mechanism to identify and preserve the distinctive historic, archaeological and architectural characteristics of Cottleville which represents elements of the City's cultural, social, economic, political and architectural history;
2.
Fostering civic pride in the beauty and accomplishments of the past as represented in Cottleville's Historic District;
3.
Conserving and improving the value of property designated as the Historic District;
4.
Providing for economic benefits to encourage business and residential owners to locate and invest in historically significant properties;
5.
Protecting and enhancing the attractiveness of the area to home buyers, visitors and shoppers and thereby supporting and promoting business and commerce and providing economic benefits to the City;
6.
Fostering and encouraging preservation, restoration and rehabilitation of the historic structures, areas and neighborhoods and thereby preventing future urban blight;
7.
Promoting the use of the Historic District for the education, pleasure and welfare of the people of Cottleville;
8.
Promoting the identification, evaluation, protection and interpretation of the prehistoric and historic archaeological resources within the incorporated limits of the City.
B. ALTERATION CONSTRUCTION DEMOLITION MINIMUM MAINTENANCE OLD TOWN OLD TOWN DEVELOPMENT PLAN AND GUIDELINES ORDINARY MAINTENANCE REPAIR SECRETARY OF THE INTERIOR'S STANDARDS SITE STRUCTURE
Definitions. Unless specifically defined below, words or phrases in 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.
Any act or process that changes one (1) or more of the exterior architectural features of a structure including, but not limited to, the erection, construction, reconstruction or removal of any structure.
The act of adding an addition to an existing structure or the erection of a new principal or accessory structure on a lot or property.
Any act or process which destroys, in part or the majority of, a landmark or a structure within a historic district.
The minimum regulations governing the conditions and maintenance of all existing structures, as set out in Chapter 5, Article 7 of the BOCA Code, as published by the BOCA Building Officials and Code Administrators International, Inc., and adopted by reference, with certain amendments thereto by the Board of Aldermen of the City of Cottleville, Missouri, as such Existing Structures Code shall be amended from time to time by the City of Cottleville.
An area generally bounded on the west by Old Dardenne Creek; on the north by Anis Street; on the east by Timberwood Farms Subdivision, the east side of Cottleville Fire Protection District property and the western side of Timberwood Trails Subdivision; and on the south by Angel's Crossing Subdivision and Gutermuth Road.
A set of guidelines as adopted herewith and as may be hereafter amended, which guidelines are applicable to and are designated as the standards regulating the exterior design of buildings within those portions of Old Town that are within the Historic District. The guidelines set forth in the Old Town Development Plan and Guidelines as adopted herewith and as may be hereafter amended shall be considered as recommended actions and practices under and in accordance with the Secretary of the Interior's Standards, which shall be considered the governing document for the Old Town Development Plan and Guidelines.
Any work for which a building permit is not required by municipal ordinance, where the purpose and effect of such work is to correct any deterioration or decay of or damage to a structure or any part thereof and to restore the same, as nearly as may be practical, to its condition prior to the occurrence of such deterioration, decay or damage and does not involve change of materials nor form.
Any change that is not construction, alteration or demolition and is necessary or useful for continuing normal maintenance and upkeep.
The Secretary of the Interior's Standards for the Treatment of Historic Properties are sets of treatment standards intended to assist users in making sound historic preservation decisions for the preservation, rehabilitation, restoration or reconstruction of historic properties. The Standards are codified as 36 CFR Part 68 in the July 12, 1995, Federal Register (Vol. 60, No. 133) and as may hereafter be amended.
The traditional, documented or legendary location of an event, occurrence, action or structure significant in the life or lives of a person, persons, groups or tribe or any place with evidence of past human activity. Sites include, but are not limited to, cemeteries, burial grounds, occupation and work areas, evidence of farming or hunting and gathering, battlefields, settlements, estates, gardens, groves, river crossings, routes and trails, caves, quarries, mines or significant trees or other plant life.
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, radio and television antennae and towers, cellular telephone towers, satellite towers and swimming pools.
Section 405.115 Applications for Certificates of Appropriateness.
[Ord. No. 535 §3(2), 4-11-2002; Ord. No. 557 §2, 8-8-2002; Ord. No. 560 §§1 — 4, 8-22-2002; Ord. No. 957 §9, 10-11-2007]
A.
A certificate of appropriateness shall be required before the following actions affecting the exterior structure or site appearance of a structure or site may be undertaken and it shall be unlawful for any person or entity to engage in any such actions in the Old Town Historic District without first obtaining such certificate of appropriateness authorizing such actions:
1.
Any construction, alteration or off-site relocation requiring a building permit;
2.
Any demolition in whole or in part requiring a demolition permit;
3.
Any alteration to a Historic District contributing resource as set forth in the ordinance designating the Old Town Historic District;
4.
Any off-site relocation of a Historic District contributing resource;
5.
Any new construction of a principal building or accessory building on property located in the Old Town Historic District;
6.
Any construction, alteration or removal involving earth-disturbing activities that affect designated archeological resources;
7.
A change or modification to the exterior color of any wall on a structure that consists of the following color groups: black, green, purple, orange, red, pink or blue. Normal maintenance does not require a certificate of appropriateness and is encouraged.
8.
A change or modification to the roof color or roof materials of a structure. Normal maintenance does not require a certificate of appropriateness and is encouraged.
B.
Applications for a certificate of appropriateness shall include proposed plans and specifications in sufficient detail for the Old Town Historic District Commission (OTHDC) to have full knowledge of the requested action, including how the proposed actions will affect the appearance, materials and architectural design of the buildings, structure or land of a Historic District contributing resource and the contemplated use of the building or land.
C.
Applications for building permits shall be forwarded by the City Engineer to the OTHDC within seven (7) days following receipt of the application and a building permit shall not be issued until a certificate of appropriateness has been issued by the OTHDC. Any applicant may request a meeting with the OTHDC before the application is reviewed by the OTHDC or during the review of the application.
D.
A fee as set forth in the Schedule of Zoning and Subdivision Fees, as provided for in Section 405.790 of the Municipal Code, is required with any Certificate of Appropriateness request to complete administration and evaluation of forms and/or petitions required by the Commission.
[Ord. No. 1778, 7-31-2019]
Section 405.120 General Standards for Review for Certificate of Appropriateness.
[Ord. No. 535 §3(3), 4-11-2002]
A.
In considering an application for a certificate of appropriateness, the City shall be guided in principal by the development plan and guidelines for the Historic District, the Secretary of Interior's Standards and any design criteria or guidelines in the ordinance designating the Historic District and the following general standards:
1.
A property shall be used for its historic purpose or be used for a purpose that requires minimal change to the defining characteristics of the building and its site and environment;
2.
The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property should be avoided;
3.
All sites, structures and objectives shall be recognized as products of their own time. Alterations that have no historic basis and which seek to create a false sense of history or architecture should be avoided;
4.
Alterations or additions that have acquired historic significance in their own right should be retained and preserved;
5.
Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a historic property should be preserved;
6.
Deteriorated architectural features shall be repaired rather than replaced wherever feasible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other structures or objects;
7.
Contemporary design for alterations and additions to existing properties should not be discouraged when such alterations and additions do not destroy significant cultural, historical, architectural or archaeological material and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment;
8.
Additions or alterations to structures and objects should be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. The new work shall be differentiated from the old and shall be compatible in massing, size, scale and architectural features to protect the historic integrity of the property and its environment;
9.
Primary building materials refers to the materials on the exterior walls of the building. A certificate of appropriateness is required before any addition or replacement of siding. Normal maintenance does not require a certificate of appropriateness and is encouraged.
b.
City codes require that mortar joints in bad condition be tuck pointed.
c.
Siding which covers the original primary building material may be removed as long as doing so would not harm the building.
(1)
For instance, asbestos, asphalt, aluminum and vinyl siding could be removed to expose brick or wood lap siding underneath.
d.
Asbestos and asphalt siding may be covered with vinyl or aluminum siding or wood clapboard consistent with the time period.
e.
City codes require wood siding to be maintained and in good repair.
f.
Vinyl, masonite or metal lap siding may be used under the following circumstances:
(1)
In order to emulate the look of older lap siding, vinyl or metal siding on pre-1950 buildings should not be wider than four (4) inches;
(2)
Siding must not be used to simply cover up architectural features;
(3)
Siding must not contribute to moisture buildup and structural deterioration; and
(4)
A model example must be provided.
g.
Stucco may be removed if doing so would be consistent with its original architectural style and if removal would not harm the building.
h.
Use of stucco should be consistent with the architectural style of the building.
(1)
City codes require stucco to be maintained and in good repair.
i.
Unpainted, sturdy brick should not be painted simply for decorative purposes. Painting brick to avoid tuck pointing is not permitted.
j.
Covering brick with lap siding to avoid brick maintenance is not permitted.
10.
A certificate of appropriateness is required before replacement of any pier, foundation, wall or step. Normal maintenance does not require a certificate of appropriateness and such maintenance is encouraged.
a.
Repair or replacement of foundations shall be made using material that will replicate the original.
b.
Replacement foundations may be poured concrete, stone or brick.
(1)
Exposed foundations with flat, textureless surfaces (such as poured concrete) must be covered with an appropriate finish such as stone or brick.
c.
According to City codes, foundations shall be kept in good repair.
d.
Unpainted masonry (such as stone foundations and concrete slabs) should not be painted.
(1)
Once masonry is painted, however, it is acceptable to repaint it. Foundations should not be painted in place of tuck pointing.
11.
The City strongly encourages property owners to preserve original porches or, in the case of non-original porches, to restore them to the original architectural style of the building. Old photographs are very helpful in determining how the original porch looked. A certificate of appropriateness is required for construction which changes the appearance of the porch or any of its architectural details. Normal maintenance does not require a certificate of appropriateness and such maintenance is encouraged.
a.
Front porches which are open shall not be enclosed, in whole or in part, with windows, screens or opaque materials (siding, plywood, etc.).
(1)
This does not include appropriate use of lattice or other proper screening to enclose open area below porches.
b.
City codes require porches to be kept in good repair.
c.
Wooden porches and details shall have a finish, paint, varnish, etc.
e.
Porch flooring is encouraged to replicate the original and be consistent with the time period.
f.
Wood steps should be made from lumber two (2) inches by ten (10) inches or two (2) inches by twelve (12) inches.
(1)
All wood steps must have risers. City codes require wood steps to be kept in good repair and painted.
g.
When feasible, original porch architectural details (handrails, lattice, brackets, rails, posts, etc.) shall be retained and repaired.
i.
According to City codes, existing decks must be maintained in good repair.
j.
Astroturf, carpeting or synthetic materials for porch floor covering is not acceptable.
k.
Lightweight lattice is not an acceptable replacement for porch balusters.
l.
Wrought iron or imitation wrought iron is not to be used for porch railing on pre-1950 houses, unless it can be shown to have been original.
m.
Plywood may not be used for exterior finish on decks.
n.
Deck materials should not be used on front porches.
12.
A certificate of appropriateness is required before any change in roof line, mansard or parapet. Scale drawing and/or model example is required. Normal maintenance does not require a certificate of appropriateness and such maintenance is encouraged.
a.
Preferably, roof cladding should be made of materials original to the building.
(1)
Shingles may be asphalt, wood, slate, synthetic slate composition (slate reproduction), fiberglass or standing seam metal.
(2)
Clay tile roofs are appropriate for Spanish Revival as well as some Prairie and Bungalow architectural style buildings.
(3)
Roll roofing is permitted only on flat or nearly flat roofs (2:12 pitch or less).
(4)
Exposed felt/tar paper is not acceptable.
b.
The use of original materials is encouraged for mansard roof cladding.
(1)
Whenever possible, patterns of colored slate on mansard roofs, such as diamonds, should be retained, restored or replicated in a manner consistent with the time period.
(2)
Mansard roofs may be clad with materials other than shingles.
(3)
Vinyl or other siding, for example, is not appropriate cladding for mansards roofs.
c.
Parapets shall not be altered within a scale drawing/model example.
d.
Coping shall be glazed coping tile or correct metal coping or other appropriate finished material.
e.
Parapets should be constructed of original materials.
(1)
Exposed cinder blocks are not acceptable.
f.
Bubble skylights are not acceptable if visible from the street.
13.
A certificate of appropriateness is required for any change in size or style of a dormer, as well as the removal or addition of a dormer. A scale drawing and/or model example are required.
a.
New dormers may be added if the dimension and proportions are consistent with the time period.
(1)
A scale drawing and/or model example are required.
b.
Enlarged dormers shall face the rear of the property.
(1)
A scale drawing and/or model example are required.
c.
When feasible, original ornamentation and woodwork should be retained and repaired, including pediment, molding and verge boards.
d.
Materials acceptable for walls and window surrounds of dormers: wood shingles; brick or brick facade; horizontal siding of wood, vinyl or aluminum.
(1)
Roll roofing or exposed tar paper are examples of unacceptable materials.
e.
Dormers may not exceed the height of the peak of the roof.
14.
A certificate of appropriateness is required for any removal of a chimney or structural change.
15.
Gutters and downspouts are needed to quickly move rainwater away from buildings. This is extremely important for preventing damage. Water infiltration around the foundation can lead to water in basements, deteriorated mortar, weakened foundation and rotten wood.
16.
A certificate of appropriateness is required for a new window opening or changes to an existing window or window opening which would make it appear different than what was there previously. Normal maintenance does not require a certificate of appropriateness and such maintenance is encouraged.
a.
Window sills and sashes can be replaced with vinyl, wood, finished aluminum that duplicates the original window in size and style.
(1)
Unpainted or raw aluminum windows are not acceptable.
b.
Window openings should be of the size and proportions appropriate for the architectural style of that building.
(1)
A scale drawing/model example is required.
c.
City codes require windows to be maintained and kept in good repair.
d.
Framing of all windows must be retained and maintained.
e.
Bay or bow windows may be added at the side or rear of the house with appropriate scale drawing/model example.
f.
Instead of bricking or siding over unwanted windows, consideration should be given to covering them on the inside with drywall and on the outside by closed shutters or louvers.
g.
City codes require that window wells must be kept in good repair.
h.
Size of windows should not be changed when they are part of the architectural style.
j.
Shutters must be appropriate size for windows.
(1)
Shutters do not have to be closable, but they should at least fit the window if they could be closed.
l.
City codes require that all awnings be maintained and in good repair.
17.
A certificate of appropriateness is required before making any changes to doors, transoms or doorway openings. Normal maintenance does not require a certificate of appropriateness and such maintenance is encouraged.
a.
Door openings must not be altered if it will change the style and character of the building.
b.
Abandoned doors (these are doors no longer in use) may be considered if the door, door opening and frame are left intact, including subsill, lintel and transom and are covered with drywall on the inside.
c.
Transoms and door side-lights are an important architectural detail and should not be bricked up or covered over.
(1)
An exception to this is when abandoned doors/transoms are covered appropriately as provided above.
d.
New wood doors or finished metal doors which are similar in style to the original door or are consistent with the time period may be used with a model example.
e.
If a building has more than one (1) front door, doors must match.
f.
Doors should be appropriate for the original architectural style of the building.
g.
Doors shall have a finish, varnish, paint, etc.
h.
City codes require storm and screen doors to be well maintained.
(1)
They should also have a finish, paint, varnish, etc.
i.
Doors designed for interior use are not acceptable for use on the exterior.
j.
Security doors and bars may be acceptable with scale drawing/model example.
18.
Architectural details are critical in establishing the visual character of a historic district. They not only add visual interest but can showcase fine craftsmanship and design. Architectural details also help define the particular architectural style of each building. Property owners are urged to repair architectural details when feasible instead of replacing them. It is better to replace only those portions of architectural details beyond repair than to completely replace new. Even when replaced by an exact replica of the original, the historical integrity of the building is diminished. A certificate of appropriateness is required before removing, replacing or adding shutters, awnings, security doors, etc. Normal maintenance does not require a certificate of appropriateness and such maintenance is encouraged.
a.
When feasible, original ornamentation (iron stars, gingerbread, brackets, etc.) should be retained and repaired.
(1)
Otherwise, salvage materials or modern replications consistent with the original architectural style may be used.
b.
Solar collectors and satellite dishes should not be visible from the street.
19.
An accessory building is a secondary structure separate from the main building on the lot. Examples include detached garages, gazebos, tool or storage sheds, smokehouses, brick kitchens, outhouses, stables, chicken coops, etc. Accessory buildings are an important part of the character of a historic district. A certificate of appropriateness is required before there is any enlargement, replacement, removal or demolition of any accessory building, regardless of size. Normal maintenance does not require a certificate of appropriateness and such maintenance is encouraged.
a.
Every effort should be taken to preserve and maintain accessory buildings which have historical or architectural significance.
b.
Storage buildings shall have the appearance of stability and should be in a design that related to the main dwelling or time period of the main dwelling.
c.
Garages shall not exceed the heights of the existing structures. A scale drawing/model example is required.
d.
All existing accessory buildings must be kept in good repair, including exterior walls, doors, windows and roofs, and the exterior painted in good condition.
20.
Fences properly designed can enhance a property's visual impact. When adding a fence, the type of fence that will best complement the property should be considered. A certificate of appropriateness is required before building a new fence or replacing one with another of a different style. A certificate of appropriateness is also required before replacing or constructing a retaining wall. Normal maintenance does not require a certificate of appropriateness and such maintenance is encouraged.
a.
Front yard fences should be consistent with the time period. Wood picket, vertical board ("privacy"), wrought or cast iron, masonry and hedge or shrub fences are most appropriate for the Old Town Historic District. Chain link and wire fencing are not permitted.
b.
Heavy-duty lattice may be used for fencing and screening. Thin, lightweight lattice for either fences or screening is not appropriate.
c.
No fence shall exceed a height of forty-eight (48) inches.
d.
City codes require fences to be well maintained and kept in good repair. All fences which are designated to be painted, stained or treated must be maintained in that condition and kept in good repair.
e.
Newly installed mechanical equipment (air conditioners, heat pumps, etc.) should be screened from view from the street by vegetation, lattice, pickets, etc.
f.
Retaining walls more than two (2) feet tall should be of masonry construction.
(1)
Poured concrete retaining walls are encouraged to use raked joints to imitate masonry blocks.
(2)
Retaining walls two (2) feet tall or less may be constructed of masonry or treated landscape timbers.
(3)
Cinder blocks and automobile tires are examples of inappropriate materials for the exterior finish of retaining walls, regardless of height.
g.
City codes require retaining walls to be maintained and in good repair.
Section 405.125 Standards for Certificate of Appropriateness Involving New Construction.
[Ord. No. 535 §3(4), 4-11-2002]
A.
In considering an application for a certificate of appropriateness involving new construction, it shall be determined whether the project substantially complies with all of the following standards that pertain to the application, is visually compatible with surrounding structures and streetscapes as determined by the Old Town Historic District Commission and is in the best interest of the City. When there is conflict between periods, the oldest time period shall prevail.
1.
Site design standards.
a.
The front of a primary structure shall be oriented toward the street.
b.
New buildings should be set back from the street about the average distance of building setbacks on the block.
(1)
Typically, buildings in the Old Town had shallow setbacks from the street right-of-way and small front yards. Traditionally, front porches were often within "conversation distance" of public sidewalks.
(2)
Before having plans drawn up for a new building, contact should be made with the City Engineer for the zoning setback requirements for particular lots.
2.
Building scale standards.
a.
New buildings should be constructed to reinforce a sense of human scale, similar in scale to that established in the block.
(1)
The front of a building should include a one-story element, such as a porch.
b.
Building heights should be similar to those found historically in the district.
c.
New buildings should be constructed of similar width to that of nearby historic buildings.
(1)
If a new building is to be much wider than those seen historically, it should be divided into modules which are of similar width to nearby buildings in the district.
3.
Building form standards.
a.
Building forms traditionally found on the block should be used.
(1)
Simple rectangular shapes are most common. Complex or irregular building shapes are usually appropriate for only late Victorian buildings which had more elaborate massing.
c.
New buildings should have proportions of facade height to width similar to traditional buildings in the block.
4.
Building details.
a.
Use of traditional materials such as red brick, wood and limestone is strongly encouraged for primary building materials.
(1)
New materials that are similar in character to traditional materials may be acceptable with appropriate detailing.
(2)
New materials should appear similar in scale, proportion, texture and finish to those used historically.
(3)
Cinder block, particle board and roll roofing are not permitted for exterior finish of new buildings.
b.
Doors, windows and porches should be of sizes and proportions as traditionally found on the block and in the area.
(1)
Windows with vertical emphasis are encouraged.
c.
The City requires gutters to be installed on nearly all new buildings.
(1)
These guidelines require them on accessory buildings as well.
d.
Grading of the property and excavation and filling shall be compatible with surrounding properties.
e.
Where possible, new garage doors should face the side yard instead of the front or street.
Section 405.130 Standards for Certificate of Appropriateness for Demolition of Historic District Contributing Resources.
[Ord. No. 535 §3(5), 4-11-2002]
A.
All structures in the Old Town Historic District are considered irreplaceable assets and as such demolition is limited. Each property within the boundaries contribute to the atmosphere and the character of the district as a whole no matter what the age. Any demolition of a whole house or the removal of an addition or removal of an outbuilding is required to have a certificate of appropriateness. If the structure is to be replaced, application for demolition will not be considered unless a scale drawing/model example of the replacement structure is provided.
B.
In accordance with City codes, the following criteria shall be used in determining whether or not a structure has historical or architectural significance.
1.
The structure's character, interest or value as part of the development, heritage or cultural characteristics of the community, County, State or country;
2.
The structure's location as a site of a significant local, County, State or national event;
3.
The structure's identification with a person or persons who significantly contributed to the development of the community, County, State or country;
4.
The structure's embodiment of distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of indigenous material;
5.
The structure's identification as the work of a master builder, designer, architect or landscape architect whose individual work has influenced the development of the community, County, State or country;
6.
The structure's embodiment of elements of design, detailing, materials or craftsmanship which renders it architecturally significant;
7.
The structure's embodiment of design elements that make it structurally or architecturally innovative;
8.
The structure's unique location or singular physical characteristics that make it an established or familiar visual feature of the neighborhood, community or City; or the fact that it has yielded, or may be likely to yield, information important in history; and/or
9.
The structure's character as particularly fine or unique example of a utilitarian structure, including, but not limited to, farmhouses, schools, churches, public buildings, institutional offices, gas stations, with a high level of integrity or architectural significance.
Section 405.135 Determinations by the Old Town Historic District Commission.
[Ord. No. 535 §3(6), 4-11-2002; Ord. No. 957 §10, 10-11-2007]
A.
The OTHDC shall consider the completed application at its next regular meeting following receipt of the completed application and, except for a certificate of appropriateness for demolition, the OTHDC shall makes its determination within ninety (90) days from the date that it first considers the completed application, unless otherwise extended by the OTHDC and the applicant. The OTHDC may delay for up to one (1) year a decision to approve or deny a certificate of appropriateness for demolition in order to encourage and facilitate the sale of the property. The OTHDC may call special meetings to review applications for a certificate of appropriateness when delay to the next regular meeting would create an unnecessary inconvenience to the applicant.
B.
The OTHDC may approve, deny or approve in amended form the proposed plans subject to the acceptance of the amendment by the applicant. If an applicant chooses not to accept a proposed amendment, the applicant is considered denied. The OTHDC shall state, in writing, its reasons for the approval, approval in amended form or denial of the applicant's proposed plans. Within ten (10) working days following the determination, the City Engineer shall provide written notice of the approval or denial of the application for a certificate of appropriateness to the applicant.
C.
A certificate of appropriateness shall become void unless construction is commenced within six (6) months of date of issuance or otherwise extended by the OTHDC. Certificates of appropriateness shall be issued for a period of eighteen (18) months and are renewable by the OTHDC. All work performed pursuant to the issuance of a certificate of appropriateness shall conform to the requirements of such certificate. It shall be the duty of the City Engineer to inspect from time to time any work performed pursuant to such certificate to assure such compliance. In the event work is performed without the issuance of a certificate or not in accordance with such certificate, the Mayor or his/her designated representative shall issue a stop work order and all work shall cease.
Section 405.140 Stop Work Order.
[Ord. No. 535 §3(7), 4-11-2002]
Whenever the City Engineer or the OTHDC has reason to believe that an action for which a certificate of appropriateness is required has been initiated or is about to be initiated or that a violation of the conditions of a permit has occurred, the City Engineer shall make every reasonable effort to contact the owners, occupants, contractor or subcontractor and inform them of proper procedures. If the City Engineer determines that a stop work order is necessary to halt an action, the Mayor or his/her designee shall issue a stop work order and deliver it or send it by certified mail return receipt requested to the owners, occupants, contractors and subcontractors and notify them of the process of applying for a certificate of appropriateness. A copy of the proper application form shall be included in the notice. If necessary, a second (2nd) or subsequent stop work order may be issued for the same project.
Section 405.145 Definition and Determination of Economic Hardship.
[Ord. No. 535 §3(8), 4-11-2002]
A.
The determination of economic hardship shall require the applicant to provide evidence sufficient to demonstrate that the application of the standards and regulations set forth herein deprives the applicant of reasonable economic use or return on the subject property.
1.
Application for determination of economic hardship. The determination of economic hardship shall be made in a form prepared by the City Engineer and shall be submitted to the City Engineer. The application must include photographs, information pertaining to the historic significance of the landmark site and all information necessary to make finding on the standards for determination of economic hardship.
2.
Standards for determination of economic hardship. The Board of Aldermen shall apply the following standards and make findings concerning economic hardship:
a.
The applicant's knowledge of the landmark designation at the time of acquisition or whether the property was designated subsequent to acquisitions or whether he/she accepted the landmark designation if made during period of his/her ownership.
b.
The current level of economic return on the property as considered in relation to the following:
(1)
The amount paid for the property, the date of purchase and party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased;
(2)
The annual gross and net income, if any, from the property for the previous three (3) years; itemized operating and maintenance expenses for the previous three (3) years; and depreciation deduction and annual cash flow before and after debt service, if any, for the previous three (3) years;
(3)
Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, during the previous three (3) years;
(4)
Real estate taxes for the previous four (4) years and assessed value of the property according to the two (2) most recent assessed valuations of the St. Charles County Assessor;
(5)
All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing or ownership of the property;
(6)
The fair market value of the property immediately prior to its designation as a landmark site and the fair market value of the property as a landmark site at the time the application is filed;
(7)
Form of ownership or operation of the property, i.e., sole proprietorship, for-profit corporation or not-for-profit corporation, limited partnership, joint venture, etc.; and
(8)
Any State or Federal income tax returns on or relating to the property for the previous two (2) years.
c.
The marketability of the property for sale or lease, considered in relation to any listing of the property for sale or lease, and price asked and offers received, if any, within the previous two (2) years. This determination can include testimony and relevant document regarding:
d.
The unfeasibility of alternative uses that can earn a reasonable economic return for the property as considered in relation to the following:
(1)
A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation;
(2)
Estimate of the cost of the proposed construction, alteration, demolition or off-site relocation and an estimate of any additional cost that would be incurred to comply with the decision of the Board of Aldermen concerning the appropriateness of proposed alterations;
(3)
Estimated market value of the property in the current condition after completion of the demolition and proposed new construction; and after renovation of the existing property for continued use; and
(4)
The testimony of an architect, developer, real estate consultant, appraiser or other professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property.
e.
Economic incentives and/or funding available to the applicant through Federal, State, City or private programs.
3.
Procedure for determination of economic hardship. The Board of Aldermen shall establish a three (3) person economic review panel. This panel shall be comprised of three (3) real estate and redevelopment experts knowledgeable in real estate economics in general and more specifically in the economics of renovation, redevelopment and other aspects of rehabilitation. The panel shall consist of one (1) person selected by the Board of Aldermen, one (1) person selected by the applicant and one (1) person selected by the first two (2) appointees. If the first two (2) appointees cannot agree on a person within thirty (30) days of the initial public hearing, the third (3rd) appointee shall be selected by the Mayor within five (5) days after the expiration of the thirty (30) day period.
a.
Review of evidence. All of the evidence and documentation presented to the Board of Aldermen shall be made available to and reviewed by the economic review panel. The economic review panel shall convene a meeting complying with the Open Meetings Act to review the evidence of economic hardship in relation to the standards set forth herein. The economic review panel may, at its discretion, convene a hearing to receive testimony by an interested party.
b.
Report of economic review panel. Within forty-five (45) days after the economic review panel is established, the panel shall complete an evaluation of economic hardship, applying the standards set forth.
c.
Determination of economic hardship. At the next regular meeting following receipt of the report of the economic review panel, the Board of Aldermen shall reconvene its public hearing to take final action on the application.
(1)
Finding of economic hardship. If, after reviewing all of the evidence, the Board of Aldermen finds that the application of the standards set forth herein results in economic hardship, then it shall issue a certificate of appropriateness for demolition.
(2)
Denial of economic hardship. If the Board of Aldermen finds that the application of the standards set forth herein does not result in economic hardship, then the certificate of appropriateness for demolition shall be denied.
(3)
Consistency with the economic review panel report. The decision of the Board of Aldermen shall be consistent with the conclusions reached by the economic review panel unless, based on all of the evidence and documentation presented, that the economic review panel acted in an arbitrary manner or that its report was based on an erroneous finding of a material fact.
Section 405.150 Maintenance of Historic Properties.
[Ord. No. 535 §3(9), 4-11-2002]
A.
Ordinary Maintenance Exclusion. Nothing in this Section shall be construed to prevent the ordinary maintenance or repair of any exterior elements of any building or structure.
B.
Definition Of Ordinary Maintenance. These architectural guidelines have been written as an adjunct to regulations and ordinances already in existence in order to more clearly define the history and architecture of Old Town Historic District. The owner of any building or structure in the district must keep the structure properly maintained and repaired. The City requires property owners to prevent deterioration of their property and, when necessary, repair or replacement of deteriorated elements. For the sake of the health, safety and welfare of its inhabitants, as well as property values and aesthetics, property owners should be vigorous in preventing deterioration of the building or structure and improvement on the site.
C.
Minimum Maintenance Requirement. All buildings and structures designated Historic District contributing resources shall be preserved against decay and deterioration and free from certain structural defects in the following manner, by the owner thereof or such other person or persons who may have the legal custody and control thereof shall repair such building if it is found to have any of the following defects:
1.
The deterioration of exterior walls or other vertical supports;
2.
The deterioration of roofs or other horizontal members;
3.
The deterioration of external chimneys;
4.
The deterioration or crumbling of exterior plasters or mortar;
5.
The peeling of paint, rotting, holes and other forms of decay;
6.
Broken windows;
7.
The lack of maintenance of surrounding environment, e.g., fences, gates, sidewalks, steps, signs, accessory structures and landscaping;
8.
The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition or conditions.
D.
Failure To Maintain. If minimum maintenance is not being maintained, the owner of the property or other person having legal custody thereof shall be notified by the City Engineer. The notice shall be by certified mail and shall specify each item in the property that fails to meet minimum maintenance requirements. The owner or other person having legal custody of the property shall have thirty (30) days from the receipt of notice to comply with the minimum maintenance requirements. The City Engineer or Board of Aldermen, for good cause shown, may extend the thirty (30) day period. If after the original thirty (30) day period or any extension granted by the City Engineer or Board of Aldermen, the owner or person having legal custody of the property shall fail to meet the minimum maintenance requirements, the owner or person having legal custody of the property shall be in violation of this Section. Each day during which any Subsection of this Section is violated shall be a separate offense. Violation of each Subsection hereof shall be punishable by a fine of not more than five hundred dollars ($500.00) and/or imprisonment of not more than six (6) months.
Section 405.155 Review of Applications for Zoning Amendments, Special Use Permits and Variances.
[Ord. No. 535 §3(10), 4-11-2002]
Applications for zoning amendments, special use permits or variances affecting designated Historic District contributing resources for structures within the Historic District shall be provided to the Planning and Zoning Commission and the Board of Aldermen by the City Engineer. The Commission and Board of Aldermen may review these applications using any format which they deem appropriate, provided however, that the applicant shall be notified of the time and place of such review and shall be given the opportunity to appear and be heard.
Section 405.160 Appeals.
[Ord. No. 535 §3(11), 4-11-2002]
Any person or persons jointly or severally aggrieved by any decision of the Old Town Historic District Commission may present to the Board of Aldermen a petition seeking relief under the Administrative Procedure Act. Such petition must be presented to the Board of Aldermen within thirty (30) days after the decision is rendered by the Old Town Historic District Commission.
Section 405.165 Fees and Penalties.
[Ord. No. 535 §3(12), 4-11-2002]
The provisions of the City Code governing violations of City ordinances shall be applicable hereto with penalties set forth therein.
Section 405.170 Commission Membership - Term.
[Ord. No. 535 §4, 4-11-2002; Ord. No. 957 §11, 10-11-2007]
The Old Town Historic District Commission shall consist of seven (7) members. The Mayor shall be a permanent member of the Commission. The other members shall be appointed to terms of five (5) years, except for the original members who shall serve staggered terms. Upon expiration, vacancy or resignation of any permanent member of the Old Town Historic District Commission, the Mayor shall nominate a replacement member to be ratified by the Board of Aldermen within sixty (60) days.
Section 405.172 On-Going Survey Efforts.
[Ord. No. 957 §12, 10-11-2007]
A.
The OTHDC shall maintain a system for survey and inventory of historic properties as follows:
1.
The OTHDC shall begin or continue a SHPO-approved process to identify historic properties within its jurisdiction.
2.
A detailed inventory of the districts, sites and/or structures designated within the OTHDC's jurisdiction shall be maintained.
3.
All inventory material shall be:
a.
In conformance with standards and guidelines for cultural resource inventory as established by the SHPO;
b.
Compatible with Statewide comprehensive historic preservation planning process;
d.
Accessible to the public (except archaeological site locations, which shall be restricted);
e.
Updated periodically; and
f.
Available through duplicates on file with the SHPO.
4.
At the discretion of the SHPO, the requirement for submission of duplicate inventory materials to the SHPO may be waived for the OTHDC's not requesting pass-through funding.