City of Ozark, MO
Christian County
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Table of Contents
Table of Contents
Editor's Note — Ord. no. 09-012 §1, adopted April 6, 2009, repealed title IV in its entirety. See editor's note at ch. 400 for information on former ordinances.

Section 420.010 Purpose.

[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 12-040 §1, 11-19-2012]
A. 
The purpose of this Chapter is to promote the protection and enhancement of buildings, structures or land improvements of special historic, aesthetic or architectural significance which are required in the interest of promoting the educational, cultural, economic and general welfare of the City of Ozark, Missouri, by:
1. 
Protecting, enhancing and perpetuating such buildings, structures or land improvements and landmarks which represent or reflect elements of the City's cultural, social, economic, political and architectural history.
2. 
Safeguarding the City's historic, aesthetic and cultural heritage as reflected in such buildings, sites, structures or land improvements and landmarks.
3. 
Providing a mechanism to identify and preserve the distinctive archaeological, historical and architectural characteristics of Ozark which represent elements of the City's cultural, social, economic, political and architectural history.
4. 
Fostering civic pride in the beauty and noble accomplishments of the past as represented in Ozark landmarks and historic districts.
5. 
Conserving and improving the value of property or areas designated as landmarks or within historic districts.
6. 
Protecting and enhancing the attractiveness of the City to home buyers, tourists, visitors and shoppers; and thereby supporting and promoting business, commerce, industry and providing economic benefit to the City.
7. 
Fostering and encouraging preservation, restoration and rehabilitation of structures, areas and neighborhoods.
8. 
Providing economic development by preserving and enhancing the environmental quality and property values of neighborhoods and the community at large.
9. 
Promoting the use of historic landmarks for the education, pleasure and welfare of the people.
10. 
Providing economic benefits to encourage business and residential owners to locate and invest in historically significant structures.

Section 420.020 Definitions.

[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 12-040 §1, 11-19-2012]
As used in this Chapter, the following terms shall have these prescribed meanings:
ALTERATION
Any act or process that changes one (1) or more exterior 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.
AREA
A specific geographic section of the City of Ozark.
BOARD OF ALDERMEN
The Board of Aldermen of the City of Ozark, Missouri.
CERTIFICATE OF APPROPRIATENESS
A certificate issued by the Ozark Historic Preservation Commission authorizing an alteration, construction, removal or demolition of a landmark or structure within a historic district.
COMMISSIONERS
Members of the Ozark Historic Preservation Commission.
CONSTRUCTION
The act of adding to an existing structure or the erection of a new principal or accessory structure on a lot or property.
CULTURAL RESOURCES
Districts, sites, structures and objects and evidence of some importance to a culture, a subculture or a community for scientific, engineering, art tradition, religious or other reasons, significant in providing resource and environmental data necessary for the study and interpretation of past lifeway and for interpreting human behavior.
DEMOLITION
Any act or process which destroys, in part or in whole, a landmark or a structure within a historic district, or which threatens to destroy a landmark or a structure within a historic district by failure to maintain it in a condition of good repair and maintenance.
DESIGN GUIDELINE
A standard of appropriate activity that will preserve the historic and architectural character of a landmark or historic district.
EXTERIOR ARCHITECTURAL APPEARANCE
The architectural character and general composition of the exterior of a structure including, but not limited to, the kind, color and texture of the building material and the type, design and character of all windows, doors, light fixtures and signs.
HISTORIC DISTRICT
An area designated as a "historic district" by ordinance of the Board of Aldermen and which may contain within definable geographic boundaries one (1) or more landmarks and which may have within its boundaries other properties or structures which, while not of such historical and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located within the historic district.
LANDMARK
A property or structure designated as a "landmark" by ordinance of the Board of Aldermen, pursuant to the procedures prescribed herein, which is worthy of rehabilitation, restoration and preservation because of its archaeological, historical, cultural and/or architectural significance to the City of Ozark.
OWNER OF RECORD
The person, corporation or other legal entity listed as owner on the records of the Christian County Recorder of Deeds.
PRESERVATION COMMISSION
Ozark Historical Preservation Commission (OHPC).
PUBLIC IMPROVEMENT PROJECT
An action by the City of Ozark or any of its departments or agencies involving major modification or replacement of streets, sidewalks, curbs, street lights, street or sidewalk furniture, landscaping or other portions of the public infrastructure servicing commercial, residential or industrial development.
REMOVAL
Any relocation of a structure on its site or to another site.
REPAIR
Any change that is not construction, removal or alteration.
SECRETARY OF INTERIOR'S STANDARDS
The Secretary of Interior's Standards for the Treatment of Historic Properties are 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 of the Federal Register (Volume 60, No. 133, 12 July 1995).
SIGNIFICANT PROPERTIES
Significant properties are generally those that meet the National Park Service's National Register criteria for evaluation of historic properties (U.S. DOI, National Park Service's National Register Bulletin 15, also available on line at www.nps. gov/ nr/ publications/ bulletins/nrb15 and the official City website). A structure contributing to the historic significance of a site or district is one that by location, design, setting, materials, workmanship, feeling and association adds to the site's or district's sense of time and place and historical development. A structure not contributing to the historic significance of a site or district is one that detracts from the site's or district's sense of time and place and historical development; or one where the integrity of the original design or individual architectural features or spaces have been irretrievable lost; or one where physical deterioration and/or structural damage has made it not reasonably feasible to rehabilitate the building. Ordinarily, structures that have been built within the past fifty (50) years will not be considered unless a strong justification concerning their historical or architectural merit is given or the historical attributes of the district are considered to be less than fifty (50) years old.
SITE
Any area or location occupied as a residence or utilized by humans for a sufficient length of time to construct features or deposit a number of artifacts or any place with evidence of past human activity. Sites include, but are not limited to, occupation, location, work areas, evidence of farming or hunting and gathering, burial remains, artifacts and structures of all types.
STOP WORK ORDER
An order issued by the City Building Official directing an owner, occupant, contractor or subcontractor to halt an action for which a certificate of appropriateness is required and notifying the owner, occupant, contractor or subcontractor of the application process for a certificate of appropriateness.
STRUCTURE
Anything constructed or erected, the use of which requires permanent or temporary location on or in the ground including, but without limiting the generality of the foregoing, buildings, fences, gazebos, advertising signs, billboards, backstops for tennis courts, radio and television antennae and towers and swimming pools.
SURVEY
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 worth of preservation.

Section 420.030 Historic Preservation Commission.

[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 12-040 §1, 11-19-2012]
A. 
Composition Of Historic Preservation Commission. The Ozark Historic Preservation Commission shall consist of at least five (5) and no more than nine (9) members, the members to be residents of the City of Ozark, all of whom shall be appointed by the Mayor with approval of the Board of Aldermen. The Mayor and Board of Aldermen shall make every effort to appoint persons with a demonstrated interest, competence, or knowledge in the historic preservation of the City of Ozark. To the extent available, the Preservation Commission shall include professional members representing such disciplines as architecture, real estate, history or any other field related to historic preservation, and residents of historic districts or potential historic districts.
[Ord. No. 15-030, §1, 6-15-2015]
B. 
Terms and Attendance. The term of office of the appointed members of the Preservation Commission shall be for three (3) years, excepting that the membership of the first (1st) Preservation Commission appointed shall serve respectively for the following terms: three (3) for one (1) year; three (3) for two (2) years; and three (3) for three (3) years. Vacancies shall be filled within sixty (60) days and for the unexpired term only. A member may serve consecutive terms. Should a member fail to attend three (3) consecutive meetings, when properly called and without good cause shown, said member's seat shall be automatically vacated and filled as set out herein.
[Ord. No. 15-030 §2, 6-15-2015]
C. 
Compensation. The members shall serve without compensation, but shall be reimbursed for expenses they incur while on Commission business in accordance with standard City policies concerning reimbursement.
D. 
Officers. Officers shall consist of a Chairman, Vice Chairman and Secretary elected by the Preservation Commission, who shall serve a term of one (1) year and shall be eligible for re-election. 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, a temporary Chairman shall be elected by those present. The officers shall assure that the following duties of the Preservation Commission are performed:
1. 
Preparation of minutes of each Preservation Commission meeting and hearing.
2. 
Publication and distribution of copies of the minutes, reports and decisions of the Preservation Commission to the members of the Preservation Commission.
3. 
Provision of notice as required herein or by law for all public hearings conducted by the Preservation Commission.
4. 
Notification to the City Clerk of vacancies on the Preservation Commission and expiring terms of members.
5. 
Preparation and submission to the Board of Aldermen of a complete record and votes of the proceedings before the Preservation Commission on any matter requiring Board of Aldermen consideration.
E. 
Meetings. All decisions or actions of the Preservation Commission shall be made by a majority vote of those members present and voting at any meeting where a quorum exists; a quorum shall consist of at least three (3), four (4) or five (5) members depending upon the total composition of the appointed Commission.
[Ord. No. 15-030 §3, 6-15-2015]
F. 
Powers And Duties. The Preservation Commission shall act in an advisory capacity to the Board of Aldermen in carrying out activities required by City ordinances relating to the administration of this Chapter and shall have the following powers and duties:
1. 
To conduct ongoing survey and research to identify and document buildings, structures, objects, sites and districts that are of historic, archaeological, architectural, engineering, cultural or scenic significance to the City;
2. 
To recommend to the Board of Aldermen designation of significant historic properties as historic landmarks and historic districts, to prepare documentation supporting such nomination, and to maintain a register of designated landmarks and districts, and of significant historical, architectural and archaeological properties;
3. 
To recommend to the Board of Aldermen the establishment of regulations, guidelines and policies to preserve the integrity and ambience of designated landmarks and districts. The Commission shall have the authority to review ordinary maintenance as deemed appropriate, new construction, alterations, removals, and demolitions proposed within the boundaries of a landmark or district, including review of plans for vacant lots and non-historic buildings and structures;
4. 
To provide technical assistance to owners of older and historic, architectural, archaeological, cultural and scenic properties concerning the preservation and maintenance of the property;
5. 
To recommend to the Board of Aldermen programs and policies and economic incentives to encourage the preservation of significant historic landmarks and districts;
6. 
To prepare a comprehensive historic preservation plan, or a preservation element to a master plan, to integrate the preservation program into the local government for planning and zoning for land use, building and fire codes, special use permits, community revitalization, and heritage tourism;
7. 
To participate in the conduct of land use, urban renewal and other City activities affecting landmarks, and districts; and
8. 
To acquire by purchase, gift or bequest, fee title or lesser interest, including preservation restriction or easements, in designated properties and adjacent of associated lands which are important for the preservation and use of the designated properties.
G. 
Funding. The Commission may, with the consent of the Board of Aldermen, 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. It is specifically understood that the Commission is not a separate political subdivision of the City of Ozark and in receiving or expending any of the foregoing funds will follow all applicable procedures contained in this Code.

Section 420.040 Surveys and Research.

[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 12-040 §1, 11-19-2012]
Preliminary Research. The Preservation Commission shall establish and maintain a survey and inventory of historic properties in accordance with standards and guidelines established by the Secretary of the Interior's "Standards and Guidelines for Historic Preservation" (36 CFR Part 61). The survey will be compatible with Missouri's statewide Historical Preservation Comprehensive Planning Process. In establishing the foregoing information, the Preservation Commission shall place particular emphasis upon evaluating and incorporating the findings of studies and surveys already completed.

Section 420.050 Nomination of Landmarks and Historic Districts.

[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 12-040 §1, 11-19-2012]
A. 
General. Nominations shall be submitted to the Preservation Commission on approved forms. Nominations may be submitted by any person or agency with the full consent and written approval of the owner(s) of record of a subject property or, in the case of a district, a simple majority of the owners of record of the subject properties. Nomination forms and criteria for nomination will be available on the official City of Ozark website and/or at the Planning and Development Department.
B. 
Declaration Of Eligibility. The Preservation Commission may through its surveys and research identify architecturally significant properties, areas, landmarks and structures and notify property owners of their eligibility for nomination as a landmark or district. The Commission shall maintain a register of significant undesignated properties and distribute said register to appropriate agencies and bodies.
C. 
Recommendations. After review of nomination by the Planning and Zoning Commission (if nomination is for a single structure only and not an entire parcel, therefore not requiring supplemental zoning designation, then nomination can be reviewed by Planning and Development Department and then forwarded on to the Board of Aldermen for consideration. If supplemental zoning designation is required, the nomination must be presented to the Planning and Zoning Commission [see Section 420.090: Action By Planning And Zoning Commission]). In forwarding a nomination to the Board of Aldermen, the Preservation Commission and Planning and Development Department and/or the Planning and Zoning Commission (as prescribed) shall recommend to the Board of Aldermen the adoption of ordinances designating single structures or sites, portions of structures, groups of structures, landscaped elements, works of art or integrated combinations thereof having a special historical, archaeological architectural interest or value as landmarks or historic districts. Such recommendations shall be accompanied by written reports describing the character and significance of the proposed landmark or historic district, outlining its proposed boundaries and recommending specific criteria and guidelines to preserve its significance. Recommendations should also consider any comprehensive or master plan, zoning requirements, projected public improvements and existing and proposed renewal and development plans applicable to the area to be affected by designation.
D. 
Criteria For Consideration Of Nomination. The Commission shall conduct 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 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 community, County, State or Country;
2. 
Its overall setting and harmony as a collection of buildings, structures, objects where the overall collection forms a unit;
3. 
Its potential to be returned to an accurate historic appearance regardless of alterations or insensitive treatment that can be demonstrated to be reversible;
4. 
Its location as a site of a significant local, County, State, or national event;
5. 
Its identification with a person or persons who significantly contributed to the development of the community, County, State or Country;
6. 
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;
7. 
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;
8. 
Its embodiment of elements of design, detailing, materials, or craftsmanship that render it architecturally significant;
9. 
Its embodiment of design elements that make it structurally or architecturally innovative;
10. 
Its unique location or singular physical characteristic that make it an established or familiar visual feature of the neighborhood, community, or City;
11. 
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;
12. 
Its suitability for preservation or restoration; and
13. 
Its potential to yield information important to history and prehistory.
Any structure, property, or area that meets one (1) or more of the above criteria shall also have a sufficient integrity of location, design, materials, and workmanship to make it worthy of preservation or restoration.

Section 420.060 Relationship to Chapter 405.

[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 12-040 §1, 11-19-2012]
Provision of this Chapter shall take precedence over any conflicting provisions in Chapter 405 of the Code.

Section 420.070 Notification of Nomination and Public Hearing.

[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 12-040 §1, 11-19-2012]
The Preservation Commission shall schedule and hold a meeting on the nomination as to whether or not a nominated landmark or historic district meets the criteria for designation. The meeting shall be scheduled, held and conducted to receive the viewpoints of affected property owners, residents and other interested citizens. Notice of the date, time, place and purpose of the meeting and copy of the completed nomination form shall be sent by regular mail to the owner(s) of record and to the nominators, unless such owner(s) or the Preservation Commission is the nominator.

Section 420.080 Timely Determination.

[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 12-040 §1, 11-19-2012]
A. 
Within thirty (30) days of the conclusion of the public hearing, the Preservation Commission shall make a recommendation as to whether or not the nominated landmark or historic district meets the criteria for designation in Section 420.050(D). Said recommendation may be for approval, disapproval or approval in part and together with a report shall contain the following information:
1. 
Explanation of the significance or lack of significance of the nominated landmark or historic district as it relates to the criteria for designation.
2. 
Explanation of the integrity or lack of integrity of the nominated landmark or historic district.
3. 
In the case of a nominated landmark or historic district found to meet the criteria for designation:
a. 
The significant exterior architectural features of the nominated landmark that should be protected.
b. 
The types of construction, alteration, demolition and removal, other than those requiring a building or demolition permit, which should be reviewed for a certificate of appropriateness.
4. 
A review of proposed design guidelines for applying the criteria for review of certificates of appropriateness to the nominated landmark or historic district.
5. 
A map showing the location of the nominated landmark or the boundaries of the nominated historic district.
B. 
The recommendation and report of the Preservation Commission shall be sent to the Planning and Zoning Commission within seven (7) days following the vote on the resolution and shall be available to the public at the office of the City Clerk.

Section 420.090 Action by Planning and Zoning Commission.

[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 12-040 §1, 11-19-2012]
A. 
Upon receipt of the Preservation Commission's recommendation and report, the Planning and Zoning Commission shall review each proposed landmark or historic district for historic zoning designation. Within thirty (30) days of the Planning and Zoning Commission's review, it shall make a recommendation with respect to the proposed "H" designation. The recommendation, together with a record of the proceedings, shall be forwarded to the Board of Aldermen.
B. 
An "H" historic zoning designation shall be regarded as a supplemental zoning designation and shall not affect in any way the underlying zoning designation as provided in Chapter 405 of the City Code. Such supplemental zoning designation does not apply when the nomination is for individual structures only, but only when an entire parcel is included in the historic designation. The existing zoning standards for each district are set forth and shall be complied with unless said standards conflict with the provisions of the ordinance designating said landmark or historic district and in the event of a conflict, provisions of the historic district ordinance shall prevail. A landmark or historic district shall be designated with an "H" affixed to the current zoning district acronym and illustrated as such on the official Zoning District Map.

Section 420.100 Notification of Determination.

[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 12-040 §1, 11-19-2012]
Notice of the recommendation of the Planning and Zoning Commission, including a copy of the report of the Preservation Commission, shall be sent by regular mail to the owners of record of a nominated landmark and owners of all property within a nominated historic district, to the nominator and to the Board of Aldermen within seven (7) days following action by the Planning and Zoning Commission as required by Section 420.090.

Section 420.110 Action by the Board of Aldermen.

[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 12-040 §1, 11-19-2012]
A. 
The Board of Aldermen shall hold a public hearing before enacting an ordinance and provide notice in the manner as provided in Section 420.100.
B. 
After the public hearing, the City Clerk shall provide written notification of the action of the Board of Aldermen by regular mail to the nominator, the owner(s) of record of the nominated historic district. The notice shall include a copy of the designation ordinance if passed by the Board of Aldermen and shall be sent within fifteen (15) days of the action. A copy of each designation ordinance shall be sent to the Preservation Commission and the City Planning and Zoning Commission and the City Building Official. If so designated, the landmark or historic district shall receive the supplemental classification "H" for historic structure of district and the designating ordinance shall prescribe the legal description of the property or properties and the significant architectural, historical or archaeological features that qualify the landmark for designation. A copy of the designating ordinance shall also be recorded with the Christian County Recorder of Deeds. Upon adoption of a designating ordinance by the Board of Aldermen, the Historic Preservation Commission shall provide, at its expense, a permanent plaque of appropriate design, dimensions and materials denoting the designation as an historic structure or landmark and cause such plaque to be attached to the structure in an appropriate location. Such plaques shall also be required for all historic structures or landmarks in any designated historic district. Said plaques shall conform fully with the provisions of Section 420.210 of this Chapter.

Section 420.120 Interim Control.

[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 12-040 §1, 11-19-2012]
No building permit shall be issued by the City of Ozark for alteration, construction, demolition or removal of a nominated landmark or of any property or structure within a nominated historic district from the date of the meeting of the Preservation Commission at which a nomination form is first presented until the final disposition of the nomination by the Board of Aldermen, unless such alteration, removal or demolition is authorized by formal resolution of the Board of Aldermen as necessary for public health, welfare or safety; provided however, that in no event shall the delay occasioned by this Section be for more than one hundred eighty (180) days.

Section 420.130 Amendment or Rescission of Designation.

[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 12-040 §1, 11-19-2012]
A designation may be amended or rescinded upon petition to the Board of Aldermen by the Preservation Commission or the property owner and compliance with the same procedure and according to the same criteria set forth herein for designation.

Section 420.140 Certificate of Appropriateness Required.

[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 12-040 §1, 11-19-2012]
A. 
A certificate of appropriateness shall be required before the following actions, affecting either the exterior architectural appearance or any features defined in the ordinance designating any landmark or property within a historic district, may be undertaken:
1. 
Any construction, alteration, removal or demolition, in whole or in part, requiring a permit for the City of Ozark.
2. 
Construction, alteration, demolition or removal, in whole or in part, not requiring a permit, but affecting a significant exterior architectural feature as specified in the ordinance designating the landmark or historic district.
3. 
Any construction, alteration, removal or demolition, in whole or in part, proposed by the City of Ozark or any of its agencies or departments, for a landmark or a structure within a historic district and affecting a significant exterior architectural feature as specified in the designating ordinance or which would require a building permit if undertaken on privately-owned property.

Section 420.150 Application for Certificates of Appropriateness.

[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 12-040 §1, 11-19-2012]
No application for a building or demolition permit affecting the exterior architectural appearance of a designated landmark or property within a designated historic district shall be granted by the City until approved by the Preservation Commission. An applicant may request a meeting with the Preservation Commission before or during the review of the application. Application for review of construction, demolition or removal not requiring a building permit for which a certificate of appropriateness is required shall be made on a form prepared by the Preservation Commission and available at the office of the Preservation Commission. Applicants may be required to submit plans, drawings, elevations, specifications and other such information as may be requested by the Preservation Commission. The Preservation Commission shall consider the completed application at its next regular meeting. The Preservation Commission may call a special meeting to review routine applications for certificates of appropriateness when delay to the next regular meeting would create an unnecessary inconvenience to the applicant.

Section 420.160 Stop Work Order.

[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 12-040 §1, 11-19-2012]
Whenever the Preservation Commission has reason to believe that an action for which a certificate of appropriateness is required has been initiated or is about to be initiated, it shall make every reasonable effort to contact the owners, occupants, contractors or subcontractors and inform them of the process of applying for a certificate of appropriateness. If the Preservation Commission determines that a stop work order is necessary to halt an action that requires a certificate of appropriateness, it shall request the City Building Official 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 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 requested by the Preservation Commission on the same project.

Section 420.170 Determination by Preservation Commission.

[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 12-040 §1, 11-19-2012]
A. 
The Preservation Commission shall review the application for a building or demolition permit or for a certificate of appropriateness and issue or deny the certificate of appropriateness within forty-five (45) days of receipt of the application. Written notice of the approval or denial of the application for a certificate of appropriateness shall be provided the applicant and the City Building Official within seven (7) days following the determination and shall be accompanied by a certificate of appropriateness in the case of an approval.
B. 
A certificate of appropriateness shall become void unless construction is commenced within six (6) months of the date of issuance. Certificates of appropriateness shall be issued for a period of eighteen (18) months and are renewable. Any person who fails to complete a project according to the guidelines provided in the certificate of appropriateness shall be deemed in violation of this Chapter.

Section 420.180 Denial of a Certificate of Appropriateness.

[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 12-040 §1, 11-19-2012]
A denial of a certificate of appropriateness shall be accompanied by a statement of the reasons for the denial. The Preservation Commission shall make recommendations to the applicant concerning changes, if any, in the proposed action which would cause the Preservation Commission to reconsider its denial and shall confer with the applicant to resolve as quickly as possible the differences between the owner and the Preservation Commission. The applicant may resubmit an amended application or reapply for a building or demolition permit that takes into consideration the recommendations of the Preservation Commission, as guided by the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.

Section 420.190 Standards for Review.

[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 12-040 §1, 11-19-2012]
A. 
In considering an application for a building or demolition permit or for a certificate of appropriateness, the Preservation Commission shall be guided by the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and other State and Federal guidelines as appropriate, in addition to any design guidelines in the ordinance designating the landmark or historic district.
1. 
Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure or site and its environment or to use a property for its originally intended purpose.
2. 
The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
3. 
All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
4. 
Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right and this significance shall be recognized and respected.
5. 
Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.
6. 
Deteriorated architectural features shall be repaired, rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplication of features substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
7. 
The surface cleaning of structures shall be undertaken with gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building material shall not be undertaken.
8. 
Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any project.
9. 
Contemporary design for alterations and additions to existing properties and for new construction may be permitted when such alterations, additions or new construction do not destroy significant historical, architectural or cultural material and such design is compatible with the size, scale, color, material and character of the property neighborhood or environment.
10. 
Whenever possible, new additions or alterations to structures shall 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.
11. 
In conducting a review, the Preservation Commission may consider economic hardship and other factors that may affect an owner's ability to undertake and complete rehabilitation or other work under consideration.

Section 420.200 Design Guidelines.

[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 12-040 §1, 11-19-2012]
A. 
Design guidelines for review of applications for certificates of appropriateness shall, at a minimum, include the following architectural criteria (more detailed and illustrated design guidelines are available on the City of Ozark website or from the Planning and Development Department):
1. 
Architectural details. Architectural details including materials, colors and textures should be treated so as to make a landmark compatible with its original character or significant architectural style and preserve and enhance the landmark or historic district.
2. 
Directional expression. Facades should blend with other structures with regard to directional expression. Structures should be compatible with the dominant horizontal or vertical expression of surrounding structures. The directional expression of a landmark after alteration, construction or partial demolition should be compatible with its original architectural style and character.
3. 
Height. The height of any proposed alteration or construction should be compatible with the style and character of the landmark and with surrounding structures.
4. 
Landscaping. Landscaping should be compatible with the architectural character and appearance of the landmark surrounding structures and landscapes.
5. 
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.
6. 
Relationship of building masses and spaces. The relationship of a structure to the open space between it and adjoining structures should be compatible.
7. 
Roof shape. The design of the roof should be compatible with the architectural style and character of the surrounding structures.
8. 
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.

Section 420.210 Signs.

[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 12-040 §1, 11-19-2012]
A. 
Permit Required. Irrespective of provisions in any other ordinance of the City relating to signs, all signs for a landmark or buildings in a historic district not specified in the designating ordinance must receive a certificate of appropriateness (COA) from the Preservation Commission which shall review the proposed sign in accordance with the following general guidelines. No public hearing shall be required for an application for a certificate of appropriateness for a sign which is otherwise in conformance with the City's ordinances affecting signs. A public hearing shall be required in accordance with, and in the same manner as, provisions for a special use permit for any sign not in conformance with the City's ordinances affecting signs.
B. 
General.
1. 
Sign restrictions (in addition to those in any other ordinance of the City) may be included in the ordinance designating a landmark or district.
2. 
It is not the intent of these standards to create uniformity of signage or to inhibit creative initiative.
3. 
Signs shall be designed and placed so as to appear an integral part of the building design and to respect neighboring properties and the district in general. Signs shall be designed with appropriateness relative to the services of the establishment served.
C. 
Recommended Signage.
1. 
Signs should be maintained if they are determined to be an original part of a building as it was originally constructed.
2. 
Some signs, though not original to a building, may have acquired significance by virtue of their age, design, materials and craftsmanship. Such signs should be maintained and preserved.
3. 
Some existing signs may not be appropriate, especially if they disguise, obstruct or detract from the significant facade elements.
4. 
Wall signs. Each ground floor occupant in a building shall have no more than one (1) sign oriented to each street on which the premises have frontage. The sign or signs should identify the predominant use of the occupant or identify the building as a whole.
a. 
Appropriate size of wall should be determined so as to avoid disguising, obstructing, or detracting from historically significant facade elements or overall design. This shall be determined in coordination with the Commission on a case-by-case basis since each building is unique in its size and design elements.
b. 
Wall signs shall be mounted no lower than eight (8) feet above the elevation of the ground floor and no higher than the elevation of the second (2nd) floor.
c. 
Wall signs may be applied directly on glass show windows or entry doors. These may be located at any point below the elevation of the second (2nd) story.
5. 
Secondary wall signs. Each occupant in a building may have one (1) or more secondary wall signs. These signs should identify occupants on upper floors or those not considered the primary occupants.
a. 
Each occupant may have not more than one (1) sign applied directly on glass or upper windows. Upper window signs may consist of individual letters not over six (6) inches in height. Total sign dimensions should be no greater than fourteen (14) inches in height.
b. 
In addition to upper window signs, each occupant may have one (1) ground floor entry sign located at entry way with individual letters painted or located directly on glass, door, plaque or directory.
D. 
Illumination. Any sign lighting shall be properly shielded or diffused so as to eliminate glare.
E. 
Exceptions. The following are appropriate in addition to those signs listed above:
1. 
Names of buildings, dates of erection, monumental citations and commemorative tablets which do not exceed twenty (20) square feet in area when made a permanent integral part of a building.
2. 
Educational signs not exceeding ten (10) square feet providing bulletin or poster display space, identifying or explaining local history or other processes.
3. 
Signs that have special aesthetic, artistic or historical merit or appropriateness.
F. 
Projections Beyond Property Line. There should be no projections beyond the property line other than as described below or as allowed by other Sections of this Chapter.
1. 
Sun protection/weather protection devices are permitted only in the form of awnings. Awnings should be of canvas or of a planar surface of metal or similar smooth surface. Awnings should be located no higher than sixteen (16) feet and should extend no lower than eight (8) feet. Awnings should be of a color(s) and design that complements the existing facade and that does not cover or damage significant structural or decorative elements.
2. 
Individual wall lighting fixtures projecting beyond property lines may be used providing fixtures are consistent with the period or the design of the building facade; the total wattage per fixture is no more than one hundred (100) watts; the fixture does not emit glare or harsh bright spots; the fixture is mounted no lower than seven (7) feet six (6) inches nor higher than nine (9) feet about the elevation of the ground floor; and the fixture extends from the property line not more than sixteen (16) inches, with no dimensions greater than sixteen (16) inches.
3. 
The Preservation Commission may adopt a standardized sign which may project beyond property lines and which may be used by all property owners of businesses within a district. Such sign shall be no lower than seven (7) feet six (6) inches nor higher than ten (10) feet above the elevation of the ground floor, shall extend from the property line not more than three (3) feet and shall have no dimension greater than three (3) feet.

Section 420.220 Maintenance of Historic Properties.

[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 12-040 §1, 11-19-2012]
A. 
Definition Of Ordinary Maintenance. Any work for which a building permit is not required by law, 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 practicable, to its condition prior to the occurrence of such deterioration, decay or damage.
B. 
Minimum Maintenance Requirement. All buildings and structures designated by City ordinance as "H" 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. The owner or other person having legal custody and control thereof shall repair such building if it is found to have any of the following defects:
1. 
Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
2. 
Deteriorated or inadequate foundation.
3. 
Defective or deteriorated flooring or floor supports or flooring or floor supports of insufficient size to carry imposed loads with safety.
4. 
Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration.
5. 
Members of walls, partitions or other vertical support that are of insufficient size to carry imposed loads with safety.
6. 
Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration.
7. 
Members of ceilings, roofs, ceiling and roof supports or other horizontal members that are of insufficient size to carry imposed loads with safety.
8. 
Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration.
9. 
Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.
10. 
Deteriorated, crumbling or loose plaster.
11. 
Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors.
12. 
Defective or lack of weather protection for exterior wall coverings, including lack of paint or weathering due to lack of paint or other protective coating.
13. 
Any fault or defect in the building which renders the same structurally unsafe or not properly water-tight.
C. 
Public Safety Exclusion. None of the provisions of this Chapter shall be construed to prevent any measures of construction, alteration or demolition necessary to connect 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 City Building Official or the Fire Department, 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 permit procedures and applicable laws.
D. 
If minimum maintenance is not being maintained, the owner of the property or other person having legal custody thereof shall be notified by the Preservation Commission. The notice shall be by certified mail and shall specify each item in the property or landmark 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 Preservation Commission, 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 Preservation Commission the owner or person having legal custody of the property should fail to meet the minimum maintenance requirements, the owner or person having legal custody of the property shall be in violation of this Section and punished in accordance with Section 420.260(1).

Section 420.230 Review of Applications for Zoning Amendments, Special Use Permits and Variances.

[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 12-040 §1, 11-19-2012]
Applications for zoning amendments, special use permits or variances for a landmark or buildings in a historic district shall be referred to the Historic Preservation Commission by the City staff. The Preservation Commission 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 Historic Preservation Commission shall forward its comments to the City staff for presentation to the Planning and Zoning Commission and/or Board of Aldermen for their consideration in reviewing the application.

Section 420.240 Appeals.

[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 12-040 §1, 11-19-2012]
If the Preservation Commission denies an application for a certificate of appropriateness, the applicant may, within thirty (30) days after the postmarked date of the notice of the determination, file with the City Clerk a written appeal to the Board of Aldermen specifying the grounds thereof. In acting upon the appeal, the Board of Aldermen may grant a variance from the strict interpretation of this Chapter when such will not materially affect the health or safety of the applicant and the general public.

Section 420.250 Review of Public Improvements Projects.

[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 12-040 §1, 11-19-2012]
A. 
Public improvements by the City of Ozark or any of its departments or agencies shall be reviewed by the Preservation Commission in the following manner:
1. 
The Preservation Commission shall review and comment upon any public improvement project proposed by the City of Ozark or any of its agencies or departments within any historic district, on the site of or within one hundred eighty-five (185) feet of any landmark or within one hundred eighty-five (185) feet of any boundary of a historic district. The City Administrator shall send a completed preliminary design for a public improvement project to the Preservation Commission simultaneously with its submission to the Board of Aldermen for approval. The Preservation Commission shall have at least (30) days to complete its review and report to the Board of Aldermen. The City Administrator, if necessary to accelerate the design review process, may specify a time less than thirty (30) days within which the Preservation Commission shall complete its review and report to the Board of Aldermen. The report by the Preservation Commission shall include any recommendations for changes to the preliminary design that will lessen or alleviate any adverse effect of the proposed project upon the historic or architectural character of the landmark or historic district. The Board of Aldermen shall take no final action on the preliminary design until it has received and reviewed the report of the Preservation Commission.
2. 
The Preservation Commission shall review and make recommendations upon any acquisition by the City of Ozark or any of its agencies or departments of a landmark or building within a historic district. The Board of Aldermen or the City Administrator shall, at the earliest possible date that will not interfere with acquisition negotiations, send the Preservation Commission information concerning the location, size, current use and proposed use of the land or building to be acquired and specify the date by which the Preservation Commission shall report to the Board of Aldermen.

Section 420.260 Fees and Penalties.

[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 12-040 §1, 11-19-2012]
A. 
The Board of Aldermen shall establish an appropriate system of processing fees for the review of nominations and certificates of appropriateness.
1. 
It shall be unlawful for any person to undertake or cause an alteration, construction, demolition or removal of any nominated or designated property or landmark or property within a nominated designated historic district without a certificate of appropriateness. Any person convicted of violating the provisions of this Chapter shall be punished by a fine greater than five hundred dollars ($500.00), confinement in jail for a period not to exceed sixty (60) days, or by both fine and confinement. Each day each violation shall continue to exist shall constitute a separate violation.
2. 
It shall be unlawful to not maintain designated property or landmarks or property within a designated historic district within the minimum maintenance requirements of Section 420.220 of this Chapter.
3. 
If any Section, Subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining hereof.