Jefferson County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE VI
Historic Preservation and Restoration
Section 400.1930 Purpose.
[Zoning Order §6.010, 4-2-2008]
A.
The purpose of this Article is to promote the educational, cultural, economic and general welfare of the County by:
1.
Providing a mechanism to identify and preserve the distinctive historic, prehistoric and architectural characteristics of Jefferson County that represent elements of the County's cultural, social, economic, political and architectural history;
2.
Fostering civic pride in the beauty and noble accomplishments of the past as represented in Jefferson County landmarks and historic districts;
3.
Providing for economic benefits to encourage business and residential owners to locate and invest in historically significant properties;
4.
Encouraging preservation, restoration and rehabilitation of the historic structures, areas and neighborhoods, thereby preventing future blighted areas; and
5.
Promoting the identification, evaluation, protection and interpretation of the historic resources within the County.
Section 400.1940 Definitions.
[Zoning Order §6.015, 4-2-2008]
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 historic, architectural or physical features of an area, site, landscape, place and/or structure including, but not limited to, the erection, construction, reconstruction or removal of any structure; the expansion or significant modification of agricultural activities; and clearing, grading or other modification of an area, site or landscape that changes its current condition.
A standard of appropriate activity that will preserve the historic, prehistoric, architectural, scenic or aesthetic character of a landmark or historic district.
A determination issued by the Historic Preservation Commission (HPC) indicating its recommendation of plans for alteration, construction, removal or demolition of a landmark or of a structure within a historic district.
An area designated as a "historic district" by ordinance of the County Council, that may include individual landmarks, as well as other properties or structures, while not of such historic and or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics and historical significance of the historic district.
The Historic Preservation Commission.
A property or structure designated as a "landmark" by ordinance of the County Council, pursuant to procedures prescribed herein, that is worthy of rehabilitation, restoration, interpretation and preservation because of its historic, architectural or archaeological significance to Jefferson County.
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).
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 antennae and towers and swimming pools.
The systematic gathering of information on the architectural, historic, scenic and archaeological significance of buildings, sites, structures, areas or landscapes through visual assessment in the field and historical research for the purpose of identifying landmarks or districts worthy of preservation.
Section 400.1970 Historic Preservation Commission.
[Zoning Order §6.020, 4-2-2008]
A.
Composition Of Historic Preservation Commission. The Historic Preservation Commission (HPC) shall consist of five (5) members, residents of Jefferson County, all of whom shall be appointed by the County Executive with consent of the County Council. All HPC members must have a demonstrated interest, competence or knowledge in historic preservation. To the extent available in the County, the HPC shall include professional members representing such disciplines as architecture, architectural history, prehistoric and historic archaeology, planning, urban design, cultural geography, cultural anthropology, folklore, curation, conservation, landscape architecture, law, real estate brokerage, banking, history or other fields related to historic preservation. If certain critical disciplines are not represented on the HPC, the County may seek the advice of consultants and the State Historic Preservation Office in reviewing a particular action.
B.
Terms. The terms of office of the members of the HPC shall be for three (3) years, excepting that the membership of the first (1st) HPC appointed shall serve respectively for terms of three (3) for two (2) years; and two (2) for three (3) years. Vacancies shall be filled for the unexpired term only. Action to fill vacancies shall be initiated within sixty (60) days. The HPC shall hold at least four (4) meetings per year and any member of the HPC who fails to attend at least fifty percent (50%) of all meetings, regular and special, in any calendar year shall thereby automatically vacate the membership.
C.
Officers. Officers shall consist of a Chairman and a Vice Chairman elected by the HPC who shall each serve a term of one (1) year and shall be eligible for re-election; but no member shall serve as Chairman for more than two (2) consecutive years. The Chairman shall preside over meetings.
In the absence of the Chairman, the Vice Chairman shall perform the duties of the Chairman. If both are absent, those present shall elect a temporary Chairman. The Planning Division shall provide a recording secretary for the HPC.
D.
Meetings. A quorum shall consist of a majority of the members appointed. All decisions of the HPC shall be made by a majority vote of those members present and voting at any meeting where a quorum exists. Meetings shall be held at scheduled times to be established by resolution of the HPC at the beginning of the calendar year or at any time upon the call of the Chairman, but no less than once per calendar quarter. Public notice of all meetings shall be posted in conformance with standard County policy and Section 610.020, RSMo. All meetings of the HPC shall be open to the public except as allowed by State law. The HPC shall keep minutes of its proceedings, showing the vote, indicating findings of fact and shall keep records of its examinations and other official actions, all of which shall be public record. All HPC rules of procedure, designation criteria, design guidelines and forms shall be available to the public at the office of the Planning Division.
E.
Funding. The County Council may annually appropriate funds, within the budget limitations, for the operation of the HPC. The HPC may, with the consent of the County Council, apply for, receive or expend any Federal, State or private grant, grant-in-aid, gift or bequest in furtherance of the general purposes of this Chapter.
F.
Compensation. The members shall serve without compensation or as otherwise determined by the County Council.
G.
Powers And Duties. The HPC shall have the following powers and duties:
1.
To adopt its own bylaws and procedures consistent with the Revised Statutes of the State of Missouri;
2.
To conduct an ongoing survey for the identification of historically, archaeologically and architecturally significant properties, structures, sites and areas that exemplify the cultural, social, economic, political or architectural history of the nation, State or County; and to maintain the research information in an inventory accessible to the public (except for archaeological site locations which shall be restricted);
3.
To investigate and recommend to the County Council the adoption of ordinances designating, for protection, properties or structures having special cultural, historic, political or architectural value as "landmarks";
4.
To investigate and recommend to the County Council the adoption of ordinances designating, for protection, areas as having special cultural, historic, prehistoric, archaeological, community or architectural value as "historic districts";
5.
To keep a register of all properties that have been designated as landmarks or historic districts, including all information required for each designation;
6.
To confer recognition upon the owners of landmarks and property or structures within historic districts by means of determinations, plaques or markers; and to make recommendations for the design and implementation of specific markings of the streets and routes leading from one landmark or historic district to another;
7.
To advise owners of landmarks and property or structures within historic districts on physical and financial aspects of preservation, renovation, rehabilitation and reuse and on procedures for inclusion on the National Register of Historic Places;
8.
To nominate landmarks to the Jefferson County Historic Register and to the National Register of Historic Places and to review and comment on any nominations to the National Register of Historic Places for properties within the boundaries of Jefferson County;
9.
To inform and educate the citizens of Jefferson County concerning the heritage of the County through seminars, programs and literature;
10.
To review applications for construction, alteration, removal or demolition affecting proposed or designated landmarks or structures within historic districts in accordance with the adopted procedures and policies of this Article.
11.
To administer on behalf of the County any property of historical significance or full or partial interest in real property, including easements, that the County may have or accept as a gift or otherwise, upon approval by the County Council;
12.
To recommend revisions to the preservation component of the Official Master Plan to the Planning and Zoning Commission and to the County Council;
13.
To periodically review this UDO and to recommend to the Planning and Zoning Commission and the County Council any amendments appropriate for the protection and continued use of landmarks or property, sites and structures within historic districts;
14.
To undertake any other action or activity necessary or appropriate to the implementation of its powers and duties or to implementation of the purpose of this Article; and
15.
To make recommendations to the County Council concerning budgetary appropriations to further the general purposes of this Article.
Section 400.1980 Surveys and Research.
[Zoning Order §6.030, 4-2-2008]
A.
The HPC shall undertake an ongoing survey in Jefferson County to identify areas, sites, structures and objects that have historic, prehistoric, cultural, archaeological, architectural or aesthetic importance, interest or value and shall maintain an inventory of that information. Before the HPC nominates any landmark or district for designation, it shall develop a plan and schedule for conducting a comprehensive survey of Jefferson County to identify significant resources. As part of the survey, the HPC shall review and evaluate any prior surveys and studies by any unit of government or private organization and compile appropriate descriptions, facts and photographs. The HPC shall systematically identify potential landmarks and historic districts and adopt procedures to nominate them based upon the following criteria:
1.
The potential landmarks and historic districts in one (1) identifiable neighborhood or distinct geographical area of the Jefferson County;
2.
The potential landmarks and historic districts associated with a particular person, event or historical period;
3.
The potential landmarks and historic districts of a particular architectural style or school or of a particular architect, engineer, builder, designer or craftsman;
4.
The potential landmarks and historic districts containing historic and prehistoric archaeological resources with the potential to contribute to the understanding of historic and prehistoric cultures;
5.
Such other criteria as may be adopted by the HPC to assure systematic survey and nomination of all potential landmarks and historic districts within Jefferson County.
B.
All inventory material shall be in conformance with standards and guidelines for cultural resource inventory as established by the State Historic Preservation Office.
Section 400.1990 Nomination of Landmarks and Historic Districts.
[Zoning Order §6.040, 4-2-2008]
A.
General. Nominations shall be made to the HPC on a form prepared by the HPC and may be submitted by a member of the HPC, owner of record of the nominated property or the County Council. Nominations shall be turned in to the Secretary of the HPC, who will within thirty (30) days of receipt mail a notification of intent to nominate to the owner of record of the nominated property. Forms and criteria for nomination are available at the Planning Division.
B.
Criteria For Consideration Of Nomination. The HPC shall, upon such investigation as it deems necessary, make a determination as to whether a nominated property meets one (1) or more of the following criteria based on criteria for evaluation for the National Register of Historic Places:
1.
Its character, interest or value as part of the development, heritage or cultural characteristics of the County, State or country;
2.
Its location as a site of a significant County, State or national event;
3.
Its identification with a person or persons who significantly contributed to the development of the County, State or country;
4.
Its embodiment of elements of design, detailing, materials or craftsmanship that render it architecturally significant or structurally significant;
5.
Its unique location or singular physical characteristic that make it an established or familiar visual feature of the community;
6.
Its potential to yield information important to the history of the area.
Any structure, property or area that meets one (1) or more of the above criteria shall also have authenticity of location, design, materials and workmanship to make it worthy of preservation or restoration. |
C.
Written Consent Of Property Owner. Except for nominations initiated by the owner of the property, the nomination shall have the written consent of the owner of the property nominated. No public hearing or further processing of the application shall occur on such nominations until the written consent of the property owners is received and filed with the Planning Division. The consent of the property owner may be withdrawn at any time prior to the effective date of an ordinance designating the historic property as a registered landmark.
D.
Public Hearing On Landmarks. Upon receipt of a completed nomination of a landmark, the HPC shall schedule a public hearing to solicit input and comment on the proposed nomination and guidelines for determination of appropriateness.
E.
Report And Recommendation Of HPC. The HPC shall within forty-five (45) calendar days from receipt of a completed nomination in proper form forward a recommendation to the County Council that the nominated historic property or district be approved or disapproved for designation. The recommendation shall be accompanied by a report to the County Council containing the following information:
1.
Explanation of the significance or lack of significance of the nominated landmark as it relates to the criteria for designation;
2.
Explanation of the integrity or lack of integrity of the nominated landmark.
In the case of a nominated landmark or historic district found to meet the criteria for designation: | ||
1. | The significant exterior architectural features of the nominated landmark or historic district that should be protected; | |
2. | ||
3. | Proposals for design guidelines for HPC review of determination of appropriateness for the nominated landmark; | |
4. | A map showing the location of the nominated landmark. | |
The recommendations and report of the HPC shall be sent to the County Council within seven (7) days following the vote on the resolution and shall be available to the public at the Planning Division office. | ||
F.
Notification Of Nomination. The County Council shall schedule and hold a hearing on the nomination following receipt of a report and recommendation from the HPC that a nominated landmark should be approved or disapproved for designation. The meeting shall be scheduled, held and conducted in the same manner as other meetings to consider County Council ordinance amendments. Notice of the date, time, place and purpose of the meeting and a copy of the completed nomination form shall be sent by regular mail to the owner(s) of record and to the nominators.
G.
Action By The County Council. Within sixty (60) calendar days following close of the public hearing, the County Council shall either reject the landmark nomination or designate the landmark by a formal ordinance. Such a determination shall be made upon a motion and vote of the County Council and shall be accompanied by a report stating the findings of the County Council concerning the relationship between the criteria for designation in Section 400.1990(B) of this Article and the nominated landmark or historic district. Notification of the action of the County Council shall be sent to the HPC, the Planning and Zoning Commission and the Director and thereupon included on the list of registered historic properties maintained by the HPC.
H.
The Designation Ordinance. The designating ordinance shall prescribe the significant features of the landmark; the types of construction, alteration, demolition and removal that should be reviewed for appropriateness; and the design guidelines for applying the criteria for review of appropriateness. The designation ordinance may be included as part of a historic zoning district or overlay or may contain approval for economic or regulatory incentives or authorization for public infrastructure construction as an incentive for the owners acceptance of the historic property being designated as a registered historic property. After approval by the County Council, the designation ordinance shall be recorded with the office of the Recorder of Deeds.
I.
Interim Control. From the date of the meeting of the HPC at which a landmark or any property or structure within a nominated historic district is presented to the HPC on a nomination form until the final disposition of the nomination by the County Council, no building permit shall be issued by the County for alteration, construction, demolition or removal of the nominated landmark or of a property or structure within a nominated historic district. This provision shall also apply to such other permit requests as, in the opinion of the Director, would detrimentally impact or alter a structure or site that is of potential or known historic, architectural or archaeological significance. The response required of the HPC shall be issued within fourteen (14) days of the permit request being referred to the HPC by the Director, except that the HPC may extend this period for up to thirty (30) additional days. Upon receipt of the HPC response or expiration of the established review time period, the Director's authority to issue the permit shall resume. Notwithstanding this Article, the County Council may order the issuance of any permit if the alteration, removal or demolition is necessary for public health, welfare or safety and should not be delayed.
J.
Amendment And Rescission Of Designation. Designation may be amended or rescinded upon petition to the HPC and compliance with the same procedure and according to the same criteria set forth herein for designation provided that the consent of the property owner shall not be required for rescission initiated by the County Council or HPC. Unless a property owner receives designation as a registered historic property in conjunction with a historic zoning district or in conjunction with an ordinance expressly granting economic or regulatory incentives, the owner of the historic property shall be entitled to remove the property from the list.
Section 400.2020 Determination of Appropriateness.
[Zoning Order §6.050, 4-2-2008]
A.
A determination of appropriateness shall be required before the following actions affecting the significance of a landmark may be undertaken:
1.
Any construction, alteration or removal requiring a building permit from the County;
2.
Any demolition in whole or part requiring a demolition permit from the County;
3.
Any construction, alteration, demolition or removal affecting a significant exterior or interior architectural feature or appearance as specified in the ordinance designating the landmark;
4.
Any construction, alteration or removal involving earth-disturbing activities that would adversely affect archaeological resources.
Applications for a determination of appropriateness shall include accompanying plans and specifications affecting the significance of a designated landmark. Applications for building demolition permits shall be forwarded by the Director to the HPC within seven (7) days following receipt of the application. Any applicant may request a meeting with the HPC before the application is reviewed by the HPC or during the review of the application. Application for review of construction, alteration, demolition or removal not requiring a building permit for which a determination of appropriateness is required shall be made on a form prepared by the HPC and available at the office of the Planning Division. The HPC shall consider the completed application at its next regular meeting. |
B.
Stop Work Order. Whenever the Director or the HPC has reason to believe that an action for which a determination 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 Director shall make every reasonable effort to contact the owners, occupants, contractor or subcontractor and inform them of proper procedures. If the HPC determines that a stop work order is necessary to halt an action, it shall request the Director to send a copy of the stop work order by certified mail return receipt requested to the owners, occupants, contractors and subcontractors and notify them of the process of applying for a determination 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.
C.
Review And Decision On Issuance Of Determination Of Appropriateness.
1.
The HPC shall review the application for a Determination of Appropriateness and issue or deny the determination within forty-five (45) days of receipt of the application. Written notice of the approval or denial of the application for a determination of appropriateness shall be provided to the applicant, the Director and the County Council within seven (7) days following the determination and shall be accompanied by a determination of appropriateness in the case of an approval.
2.
A determination of appropriateness shall become void unless construction is commenced within six (6) months of date of issuance. Determinations of appropriateness shall be issued for a period of eighteen (18) months and are renewable. If the project is not completed according to the guidelines provided in the determination of appropriateness, the Director shall decide if the project is deemed in violation of this Article.
D.
Denial Of A Determination Of Appropriateness. A denial of a determination of appropriateness shall be accompanied by a findings of fact stating the reasons for the denial. The HPC shall make recommendations to the applicant concerning changes, if any, in the proposed action that would cause the HPC to reconsider its denial and shall confer with the applicant and attempt to resolve as quickly as possible the differences between the applicant and the HPC. The applicant may resubmit an amended application that takes into consideration the recommendation of the HPC.
E.
Appeal. Any person, official or agency aggrieved by the HPC's denial of appropriateness and who desires to appeal the decision shall file the appeal in the Circuit Court within thirty (30) days after the denial of appropriateness is made.
Section 400.2030 Comment On Public Improvement and Land Acquisition Projects.
[Zoning Order §6.060, 4-2-2008]
A.
Public improvement and land acquisition projects by Jefferson County or any of its departments or agencies shall be reviewed by the HPC in the following manner:
1.
The Department of Public Works or the Department of Land Use, Development and Code Enforcement (depending on the lead entity) shall notify the HPC regarding any improvement project proposed by Jefferson County or any of its agencies or departments:
2.
The HPC shall have at least thirty (30) days to complete its review and report to the Planning Division, except when the Department of Public Works, if necessary to accelerate the design review process, may specify a time less than thirty (30) days within which the HPC shall complete its review and report to the County Council.
3.
The HPC shall review and comment upon any proposed acquisition of a landmark or of land or buildings within a historic district by Jefferson County or any of its agencies or departments. The Director or the Department of Public Works shall, at the earliest possible date that will not interfere with acquisition negotiations, send the HPC information concerning the location, size, purchase price, current use and proposed use of the land or building to be acquired and specify the date by which the HPC shall comment.
Section 400.2040 Standards For Review.
[Zoning Order §6.070, 4-2-2008]
A.
In considering an application for a determination of appropriateness, the HPC shall be guided in principle by the Secretary of the Interior's Standards, as follows, in addition to any design guidelines in the ordinance designating the landmark. Applications, standards for review and design guidelines shall be available at the office of the Planning Division.
1.
A property shall be used for its historic purpose or be placed in a new use 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 shall be avoided.
3.
Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.
4.
Most properties change over time; those changes that have acquired historic significance in their own right, according to Section 400.1990, shall be retained and preserved.
5.
Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.
6.
Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical or pictorial evidence.
7.
Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
8.
Significant archaeological resources affected by a project, as determined by a professional archaeologist or the State historic preservation officer, shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
9.
New additions, exterior alterations or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale and architectural features to protect the historic integrity of the property and its environment.
Section 400.2050 Design Guidelines.
[Zoning Order §6.080, 4-2-2008]
A.
Design guidelines for applying the criteria for review of determinations of appropriateness shall, at a minimum, consider the following architectural criteria:
1.
Height. The height of any proposed alteration or construction should be compatible with the style and character of the landmark.
2.
Proportions of windows and doors. The proportions and relationships between doors and windows should be compatible with the architectural style and character of the landmark and with surrounding structures within a historic district.
3.
Relationship of building masses and spaces. The relationship of a structure to adjoining structures should be compatible.
4.
Roof shape. The design of the roof should be compatible with the architectural style and character of the landmark and with surrounding structures within a historic district.
5.
Landscaping. Landscaping should be compatible with the architectural character and appearance of the landmark and landscapes in historic districts.
6.
Scale. The scale of the structure after alteration, construction or partial demolition should be compatible with its architectural style and character and with surrounding structures within a historic district.
7.
Directional expression. The directional expression of a landmark after alteration, construction or partial demolition should be compatible with its original architectural style and character. Directional expression is the dominant horizontal or dominant vertical characteristic form and detail of a structure. Facades in historic districts should blend with other structures with regard to directional expression.
8.
Architectural details. Architectural details including materials, colors and textures should be treated so as to make a landmark compatible with its original architectural style and character and to preserve and enhance the architectural style or character of a landmark or historic district.
9.
Signage. The character of signs should be in keeping with the historic architectural character of a landmark. Character of a sign includes the number, size, area, scale, location, type, letter size or style and intensity and type of illumination.
10.
Minimum maintenance. Significant features should be kept in a condition of good repair and maintenance. All structural and mechanical systems should be maintained in a condition and state of repair that will prevent decay, deterioration or damage to significant features or otherwise adversely affect the historic or architectural character of the landmark.
Section 400.2060 Review of Applications For Zoning Amendments, Conditional Uses and Variances.
[Zoning Order §6.090, 4-2-2008]
Applications for zoning changes, conditional use permits, site development plans, subdivisions or variances for a landmark or structures within a historic district shall be referred to the HPC by the Planning Division at least fifteen (15) days prior to the date of the public hearing set by the Planning and Zoning Commission or the Board of Zoning Adjustment. The HPC may review these applications using any format which it deems 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. Within fifteen (15) days after receipt of said application, the HPC shall forward its comments to the Planning Division.
Section 400.2070 Public Safety Exclusion.
[Zoning Order §6.100, 4-2-2008]
None of the provisions of this Chapter shall be construed to prevent any measures of construction, alteration or demolition necessary to correct or abate the unsafe or dangerous condition of any structure, other feature or part thereof, where such condition has been declared unsafe or dangerous by the Director and where the proposed measures have been declared necessary, by such department or departments, to correct the said condition; provided however, that only such work as is reasonably necessary to correct the unsafe or dangerous condition may be performed pursuant to this Section. In the event any structure or other feature shall be damaged by fire or other calamity or by act of God or by the public enemy to such an extent that in the opinion of the aforesaid department or departments it cannot reasonably be repaired and restored, it may be removed in conformity with normal procedures and applicable laws.
Section 400.2100 Fees and Penalties.
[Zoning Order §6.110, 4-2-2008]
A.
Fees. The HPC shall establish an appropriate system of processing fees for the review of nominations and determinations of appropriateness.
B.
Penalties. It shall be unlawful for any person to undertake or cause an alteration, construction, demolition or removal of any nomination for registered historic property or structure within a nominated or designated historic district without a determination of appropriateness. Any person violating the provisions of this Article shall be guilty of a misdemeanor and shall be punished by a fine not to exceed one thousand dollars ($1,000.00) a day or one (1) year imprisonment, or both. Each and every day that such violation continues shall constitute a separate violation.