The following words and phrases are used in this article and shall have the following meanings, unless a different meaning is plainly required by the content:

Certificate of appropriateness. A permit granted by the downtown review board allowing exterior construction, alterations, repairs, improvements, excavation or demolition to any building or property located within the downtown precise plan.

Building permit. The words "building permit" shall include all standard city building permits including demolition permits.

Full and fair hearing. A proceeding conducted in an orderly manner where the person or persons acting in the capacity of fact finder, take up any issue properly before them for their consideration, after first having given reasonable notice to the interested parties of the time, date, and place of such proceeding. Interested persons may appear in person or by attorney and be heard and present evidence which supports their viewpoint. Diligent effort shall be made by those conducting the proceeding to see that all parties are treated fairly and allowed to explain their position on the issue or issues under consideration.

Downtown precise plan district. Buildings, structures, features, sites, or objects within a contiguous land area with defined boundaries designated by the downtown precise plan and approved by the city council as being of particular historic, cultural, aesthetic or architectural significance and limited in size to that area responsible for the proper identification and maintenance of the district.

Ordinary maintenance and minor works. Any work for which a building permit is not required by law where the purpose and effect of such work is to correct any decay, deterioration or damage to structures, buildings, features, sites, or objects, to restore the same, as nearly as practical, to its condition prior to the occurrence of such decay, deterioration, or damage.

Person. Any individual, corporation, firm, trust, trustee, administrator, executor, partnership, or joint venture.

Public notice. Publication at least one time in a newspaper of general circulation within the city.

(G.O. 3101, § 1(Exh. A), 5-28-24)

(a)

Informal review process. Any applicant who requests a certificate of appropriateness is encouraged to meet and confer with the planning division staff liaison to the downtown review board prior to submission of the final application to ensure that the application will be in proper form and order.

(b)

Permit process. No building permit, whether to erect, construct, enlarge, alter, repair, move, improve, remove, excavate for, convert or demolish any building, structure or utility, shall be issued with respect to any real property located within the downtown precise plan area except in accordance with the terms and provisions of the certificate of appropriateness as approved by the downtown review board if property is located in the downtown precise plan area; however, a building permit may be issued with respect to such real property for the accomplishment of any work thereon which will change neither the exterior appearance nor the exterior architectural features of the improvements thereof, or which is considered necessary as a part of the ordinary maintenance of the property. The downtown review board shall identify definitions and specific criteria to be used in determining if work constitutes ordinary maintenance with the downtown review board rules of procedure and/or design guidelines. Such definitions and criteria may identify the scale or of work, the skill and equipment needed, the timeliness of repairs, and the typical effect of specific activities on historic material as factors for determining whether an activity constitutes ordinary maintenance or requires a certificate of appropriateness. The following criteria shall be utilized to make a determination:

(1)

Except as otherwise provided herein, no land surface within any real property designated within the downtown precise plan area shall be changed, and no improvements thereon shall be erected, removed, restored, demolished or altered, nor shall any addition be made thereto, in such a manner or of such a character as to change the appearance or the exterior architectural features thereof, if such change would be visible from any public street, park or other public place, as determined by the city planner, without prior approval evidenced by a certificate of appropriateness reciting in detail the approved changes.

(2)

Such prohibited changes in appearance or exterior architectural features shall include but not be limited to the erection of business, professional and other signs in, on or about the downtown precise plan area, and no certificates of appropriateness shall permit the erection of any such sign, unless the size, texture, style and materials thereof are compatible with the general characteristics of the neighborhood and otherwise comply with zoning and building regulations.

(3)

Any person desiring to erect, remove, restore, demolish, alter or in any way change the exterior appearance or the exterior architectural features of improvements on any real property located within the downtown precise plan area shall apply for a building permit from the chief building official, and upon receipt of such a request the chief building official shall notify the applicant of the duty to submit application to the downtown review board for property located within the downtown precise plan area for a certificate of appropriateness. Upon receipt of an application for certificate of appropriateness, the downtown review board shall schedule a public hearing and give at least seven days public notice thereof by publication in an official newspaper or a newspaper of general circulation within the city. A copy of the agenda item shall be sent by mail or electronic mail to the applicant at the address applicant so provides on the application.

(c)

Improvements not requiring certificates of appropriateness. The following shall be specifically exempted from the need for a certificate of appropriateness:

(1)

Improvements which constitute patios or similar areas that will be used for outdoor seating and/or dining where the construction or use thereof will not cause the removal of landscaping and/or greenspace existing on, or which was planted/created after October 12, 2015; or

(2)

The installation of fences that consist of painted rod iron/metal that will enclose those areas described in subsection (c)(1); or

(3)

Minor changes that have been deemed as not substantial by the city planner to a project that has been granted a certificate of appropriateness.

(d)

Approval of certificates of appropriateness. All interested parties shall be afforded the opportunity to be heard before the downtown review board which shall determine, either:

(1)

The changes proposed are not visible from any public street, park or other public place as determined by the city planner; or

(2)

The changes set forth in the application are not detrimental to the architectural, cultural, historic, or contextual character of other improvements of the real property located within the downtown precise plan area. The downtown review board shall forthwith issue a certificate of appropriateness, stating in writing findings of fact and detailing the work approved. Such certificate shall then be presented to the department of planning and community development who shall check the application for conformity with all applicable zoning codes; and to the building regulations division who shall check the application for compliance with building codes. The time limitations of the building codes shall control from this time forward. In the event that no building permit is necessary for the improvements controlled by the certificate of appropriateness, the certificate shall be valid for a term of one year from its date of issuance. The applicant must complete the work approved in the certificate of appropriateness within one year of:

a.

The date the certificate of appropriateness is issued;

b.

In the event a building permit is required, from the date of issuance of the building permit; or

Otherwise, the certificate shall expire, and a new application shall be filed with the planning and community development department.

(e)

Denial of certificates of appropriateness. If, after a public hearing, the downtown review board determines that proposed changes are visible from any public street, park or other public place; and that such changes are detrimental to the architectural, cultural, historic or contextual character of the real property located within the downtown precise plan, the downtown review board shall enter an order denying a certificate of appropriateness, along with supporting written findings and at the same time shall mail a copy of the decision to the applicant. The downtown review board shall forward a copy of such order to the chief building official. The chief building official shall thereafter refuse to issue a building or demolition permit for which a certificate of appropriateness was denied. The downtown review board may grant a rehearing of an application for a certificate of appropriateness which it has decided, if an application seeking rehearing includes a concise statement of the new evidence to be considered by the board; and the application for rehearing is made to the downtown review board within ten working days from the date upon which the applicant was notified of the downtown review board's original action of denial. Only one application for rehearing may be made in any case. Any rehearing granted shall proceed upon public notice and be a full and fair hearing.

(f)

Appeals from downtown review board. An appeal of the downtown review board's decision shall be made to the board of adjustment in the same manner as any other appeal from the decision of a city official; provided, however, that the board of adjustment shall not grant relief except upon a finding of serious economic hardship occasioned to the owner of the subject property.

(G.O. 3101, § 1(Exh. A), 5-28-24)

This article shall not be deemed to exempt any person from the requirements of building and maintenance codes, the zoning requirements or the minimum housing code unless specifically indicated herein.

(G.O. 3101, § 1(Exh. A), 5-28-24)

Any person who shall remodel, reconstruct, restore, construct, alter, or demolish any site or structure within the downtown precise plan area in violation of this article, upon being found guilty thereof, shall be punished as set forth in Section 1-14 of the Code of Ordinances of the City of St. Joseph, Missouri. No prosecution initiated for violation of this article shall be deemed to constitute an exclusive remedy. The violation of this article may be enjoined by proper application to a court of general jurisdiction.

(G.O. 3101, § 1(Exh. A), 5-28-24)