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New Roads City Zoning Code

ARTICLE IX

HISTORIC DISTRICT AND PRESERVATION

Sec. 1.1 - Purpose and authority.

A.

Purpose . The City of New Roads has rich and diverse collection of architectural styles including historically significant structures buildings and sites. These are important to the City's heritage and contribute to the quality of life. The Purpose of the Historic District is to preserve the historic and cultural heritage of the City of New Roads, in order to strengthen the local economy, to stabilize and improve property values within the historic district and to foster civic pride.

B.

Description . The boundaries of the Historic District are not set herein but are on file and available for inspection at City Hall.

Sec. 2.1 - Historic district commission purpose.

A.

There is hereby created a commission to be known as the New Roads Historic District Commission.

B.

Purpose.

1.

The commission shall carry out the intent of this Article by reviewing applications for a Certificate of Appropriateness for any demolition, relocation, renovation, addition, or construction of any exterior feature of a structure or building within the Historic District that is visible from any public street, alley or sidewalk.

2.

The commission shall, upon due consideration, grant or deny certificate of appropriateness contingent upon the acceptance by the applicant of its specified recommendation.

Sec. 2.2 - Recommendation and appointment.

A.

Member Qualifications . The Historic District shall consist of 5-7 members, each of whom shall meet at least one of the following criteria:

1.

At least three members shall own property in the historic district.

2.

At least three members shall own active businesses.

3.

At least one member shall be a resident in the historic district.

4.

At least one member shall be a member of a professional discipline of architecture, history, architectural history, planning, or related fields.

5.

The commission shall include members who have demonstrated special interest, experience and knowledge of historic preservation.

B.

Member Appointment . Members shall be appointed by the Mayor subject to approval by a majority vote of the City Council.

Sec. 2.3 - Terms, vacancies, removal.

A.

Term . Members shall be appointed for a term of four years.

B.

Vacancy . Vacancies shall be filled by appointment in the same manner as the original appointments and any member may be appointed for another term or terms. Vacancies shall be filled within sixty (60) days.

C.

Removal for cause . A member may be removed at any time by the City Council for just cause as determined by the Mayor. Notice shall be given to the Mayor and City Council if a member is absent for more than fifty (50) percent of the commission meetings in a calendar year.

Sec. 2.4 - Bylaws, meeting requirements, procedures.

A.

Bylaws . The Commission shall adopt bylaws, as it may deem necessary for the conduct of its affairs not inconsistent with the laws of the City and State subject to approval by the City Council. Any change of the bylaws shall be approved by the City Council.

B.

Meeting Requirements . The presence of three (3) members of the commission shall constitute a quorum. The commission shall meet quarterly or on the call of the chairperson or the Mayor. All meetings shall be open to the public and shall comply with the Open Meetings Act, R.S 42:4.1 et seq., and all acceptable laws.

C.

Minutes . Minutes of the historic district commission meetings shall me kept and comply with the Open Meetings Act, R.S 42:4.1 et seq.

Sec. 2.5 - Staffing.

A.

The commission shall elect annually from its membership a chairperson and vice-chairperson.

B.

The commissions officers and their respective duties are as follows:

1.

Chairperson . The chairperson shall preside at all meetings of the commission. The Chairperson shall preform such duties as are usually incumbent upon that office.

2.

Vice-Chairperson . The vice chairperson shall have such duties and responsibilities as the chairperson may from time to time prescribe. The vice chairperson will preside over meetings in absence of the Chairperson.

3.

Committees . The commission may establish committees to assist it in a specific task, relating to the overall purpose of this commission. Such committees shall be chaired by a commission member and may consist of appointments of persons outside of the commission itself. Committees shall meet as necessary upon the call of the committee chairperson and shall report to the full commission as directed.

4.

Secretary . The secretary shall record and maintain in good order all records, correspondence and meeting minutes of the commission.

Sec. 3.1 - Conditions requiring certificate of appropriateness.

A.

Required: Certificates of appropriateness are required for any demolition, relocation, renovation, addition, alteration or construction on exterior features of a structure or building within a historic district that is visible from any public street, alley or sidewalk. A Certificates of Appropriateness shall expire if a building permit has not been issued or substantial construction has not been commenced within one (1) year of issuance of the certification, unless an extension is granted by the Historic District Commission.

B.

Criteria for issuance: The commission shall issue certificates of appropriateness to encourage preservations, rehabilitation, renovation, additions, alterations and/or construction of exterior features of a structure or building to be compatible with the scale, materials, texture, colors and rhythm of the historic districts. The commission shall consider the proposed project and how it impacts the district in these terms.

C.

Exemptions: Certificates of Appropriateness shall not be required for interior work, work that is not visible from a public street, alley or sidewalk or work that does not significantly change the proportion, scale, type of materials, color or details of a structure or building. A certificate of appropriateness is not required for replacement materials or ordinary repairs or maintenance.

Sec. 3.2 - Procedures for issuances. (For detailed procedure see Article IV - 1.10)

A.

A certificate of appropriateness must be granted before a building or demolition permit is issued.

B.

Upon receiving the application for a certificate of appropriateness, the Administrative Official shall notify the commission chairperson who will present application to the commission.

C.

The commission shall meet to consider the application. The commission shall review and grant or deny an application for a certificate of appropriateness no later than thirty (30) days after an application has been filed with the Administrative Official. In the event the commission fails to meet and make its decision within this 30-day period, the application for a certificate of appropriateness will be granted by default.

D.

The commission shall promptly report its decisions, including recommendations, if any, to the Administrative Official. If the certificate of appropriateness is approved, the Administrative Official shall issue a building permit for such work in conformance with the commission's decision.

E.

In the event of a denial of an application for a certificate of appropriateness, as part of the record the Historic District Commission shall make recommendations to the applicant to assist in resolving the differences between the applicant and the commission.

Sec. 4.1 - Demolition of buildings.

A.

No building or structure located in the historic districts shall be demolished or otherwise removed until the owner of the property is granted for a certificate of appropriateness for demolition or removal.

B.

The Historic District Commission shall only approve demolition of a structure or building in a historic district if the commission finds that the structure or building does not contribute to the character of the historic districts because of age, structural condition or architecture.

Sec. 5.1 - Demolition by neglect—responsibility of owners in maintenance of property.

A.

The owner shall preserve any real property that is within the historic districts against decay, deterioration and unreasonable structural defects. The owner shall repair such real property if it has deteriorated to the extent that it creates or permits a hazardous or unsafe condition as determined by the building inspector. Demolition by neglect shall mean neglect in the maintenance and/or repair of a site or structure, resulting in, but not limited to any of the following conditions:

1.

The deterioration of exterior walls, foundations, structural members, chimneys, siding, cement, plaster, mortar, masonry, windows, doors or any feature so as to create or permit the creation of any hazardous or unsafe condition.

Sec. 5.2 - Demolition by neglect—action allowed by the commission.

A.

If the commission determines that a real property is being demolished by neglect, it shall direct the building inspector to notify the owner. The owner shall be given one hundred twenty (120) days from the date of notice to commence work to correct the specific defects.

1.

Said notice shall be given the owner by certified mail to the last known address of the recorded;

2.

If the above mailing procedure is not successful, notice shall be posted in a conspicuous protected place on the real property, or notice shall be published in the official journal.

Sec. 5.3 - Demolition by neglect—penalties and fines.

A.

If the owner fails to commence work within the time allotted, the commission shall notify the owners in the manner provided above to appear at a public hearing before the commission at a date, time and place to be specified in said notice, which shall be mailed or posted at least thirty (30) days before said hearing.

B.

For the purpose of insuring lawful notice, a hearing may be continued to a new date and time. The commission shall receive evidence on the issue of whether the subject real property should be repaired and the owner may present evidence in rebuttal thereto.

C.

If after such hearing, the commission shall determine that the real property is to be demolished by neglect, it may request that the City of New Roads levy a fine of $100.00 for each day in violation until the necessary repairs are completed.