[R.O. 2008 § 120.400; Ord. No. 5955 § 1, 1-23-2014[1]]
A.
The purpose of this Article is to promote
the educational, cultural, economic, and general welfare of the community
by:
1.
Providing a mechanism to identify
and encourage the preservation of distinctive historic, archaeological
and architectural characteristics of O'Fallon which represent elements
of the City's cultural, social, economic, political, and architectural
history;
2.
Fostering civic pride in the beauty
and noble accomplishments of the past as represented in O'Fallon landmarks
and historic districts;
3.
Encouraging the conservation and
improving the value of property designated as landmarks or within
historic districts;
4.
Promoting economic benefits to encourage
business and residential owners to locate and invest in historically
significant properties;
5.
Protecting and enhancing the attractiveness
of the City to home buyers, tourists, visitors, and shoppers, and
thereby supporting and promoting business, commerce and industry,
and providing economic benefit to the City;
6.
Fostering and encouraging preservation,
restoration, and rehabilitation of the historic structures, areas
and neighborhoods;
7.
Promoting the use of historic districts
and landmarks for the education, pleasure, and welfare of the people
of the City;
8.
Promoting the identification, evaluation,
protection and interpretation of archaeological resources within the
City.
[1]
Editor's Note: Section 1 of this ordinance
superseded former Art. VI, Historic Preservation Commission, as adopted
by Ord. No. 5818 § 1, 10-11-2012.
[R.O. 2008 § 120.410; Ord. No. 5955 § 1, 1-23-2014]
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. For the purposes of
this Article, the following words and phrases shall have the meanings
ascribed to them by this Section:
A specific geographic division of the City of O'Fallon.
Members of the O'Fallon Historical Preservation Commission.
Districts, sites, structures, 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 ways of life and for interpreting human
behavior.
A standard of appropriate activity that will preserve the
historic, architectural, scenic or aesthetic character of a landmark
or historic district.
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, signs, and appurtenant
elements.
An area designated as an "HD" historic district by ordinance
of the City Council which may include individual landmarks as well
as other properties or structures which, 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.
Character, interest or value as part of the development,
heritage, or culture of the community, County, State or country; as
the location of an important local, County, State or national event;
or through identification with a person or persons who made an important
contribution to the development of the community, County, State or
country.
A property or structure designated as a landmark by ordinance
of the City Council, pursuant to procedures prescribed herein, which
is worthy of rehabilitation, restoration, interpretation and preservation
because of its historic, architectural or archaeological significance
to the City of O'Fallon.
The person, corporation or other legal entity listed as owner
on the records of the County Recorder of Deeds.
The traditional, documented or legendary location of an event,
occurrence, action or structure significant in the life or lives of
a person, persons, groups, or tribe, or any place with evidence of
past human activity. Sites include, but are not limited to, cemeteries,
burial grounds, occupation and work areas, evidence of farming or
hunting and gathering, battlefields, settlements, estates, gardens,
groves, river crossings, routes and trails, caves, quarries, mines
or significant trees or other plant life.
Anything constructed or erected, the use of which requires
permanent or temporary location on or in the ground, including, but
without limiting the generality of the foregoing, buildings, fences,
gazebos, advertising signs, billboards, backstops for tennis courts,
radio and television antennas 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.
[R.O. 2008 § 120.420; Ord. No. 5955 § 1, 1-23-2014]
There is hereby established a Historic
Preservation Commission for the City of O'Fallon, Missouri.
[R.O. 2008 § 120.430; Ord. No. 5955 § 1, 1-23-2014]
A.
The O'Fallon Historic Preservation Commission
shall consist of eight (8) voting members, one (1) from each Ward
and three (3) at large, and up to three (3) non-voting members.
B.
All voting members of the Commission shall
be residents of the City of O'Fallon.
C.
Non-voting members shall be individuals
who are subject matter experts in historic preservation, but may or
may not be residents of the City of O'Fallon.
D.
The City Council shall make every reasonable
effort to appoint persons with a demonstrated interest in the history
and preservation of the City of O'Fallon. To the extent available
in the community, the O'Fallon Historic Preservation Commission shall
include professional members representing such disciplines as architecture,
law, real estate brokerage, banking, history, or other fields related
to historic preservation.
E.
On establishment of the Commission, the
Mayor, with the advice and consent of the City Council, shall appoint
eight (8) members, three (3) of which shall be appointed to serve
for three (3) years, three (3) of which shall be appointed to serve
for two (2) years, and two (2) of which shall be appointed to serve
for one (1) year from the date of appointment. Thereafter, all voting
members shall be appointed for terms of three (3) years each. The
three non-voting members shall be appointed in the same manner, one
(1) for three (3) years, one (1) for two (2) years, and one (1) for
one (1) year. Thereafter, all non-voting members shall be appointed
for terms of three (3) years each. Any vacancy on the Historic Preservation
Commission shall be filled in the same manner as original appointments
to the Commission and in accordance with the City's Charter. Any person
appointed to fill a vacancy shall serve for the remainder of the term
for which he or she is appointed.
[R.O. 2008 § 120.440; Ord. No. 5955 § 1, 1-23-2014]
A.
The O'Fallon Historic Preservation Commission
shall have the following powers and duties:
1.
To adopt its own procedural regulations,
provided such regulations are consistent with this Article, all other
ordinances and the Charter of the City, and 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 City; and to maintain the research information
in an inventory accessible to the public.
3.
To investigate and recommend to the
City Council the adoption of ordinances designating properties or
structures having special cultural, historic, archaeological, community
or architectural value as landmarks.
4.
To investigate and recommend to the
City Council the adoption of ordinances designating areas as having
special cultural, historic, archaeological, community or architectural
value as historic districts.
5.
To keep a register of all properties
and structures which 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 certificates, plaques, or markers.
7.
To advise and assist 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 hold hearings on each proposed
nomination of a landmark or historic district and on the guidelines
developed for each nomination.
9.
To recommend to the City Council
nomination of landmarks and historic districts to the O'Fallon 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.
10.
To inform and educate the citizens
of the City of O'Fallon concerning the historic, archaeological and
architectural heritage of the City by recommending publication or
sponsorship of maps, newsletters, brochures, pamphlets, programs and
seminars by the City, the O'Fallon Historic Preservation Commission,
or other appropriate parties.
11.
To develop and make available to
concerned property owners and to the public specific recommended design
guidelines based on the Secretary of the Interior's Standards of Rehabilitation
for the alteration or construction of landmarks or property and structures
within historic districts.
12.
To make recommendations to the City
Council regarding acceptance and use of such gifts, grants, and money
as may be offered to the City for the purposes of this Article, including
recommendations regarding the publication of maps and brochures or
acquisition of relevant consulting services, or performing other functions
for the purpose of achieving the purposes of this Article.
13.
To recommend the retention of such
specialists or consultants or appointment of such citizen advisory
committees as may be required from time to time.
14.
To offer testimony before all boards
and commissions, including the City Planning and Zoning Commission
and the Board of Adjustment, on any matter affecting historically,
archaeologically, culturally and architecturally significant property,
structures, sites and areas.
15.
To make recommendations to the City
Council concerning budgetary appropriations to further the general
purposes of this Article.
16.
To develop a preservation component
in the Comprehensive Plan of the City of O'Fallon and to recommend
it to the Planning and Zoning Commission and to the City Council.
17.
To recommend to the City Planning
and Zoning Commission and the City Council any regulatory amendments
appropriate for the protection and continued use of landmarks or property,
sites and structures within historic districts.
18.
To undertake an ongoing survey and
research effort in the City of O'Fallon to identify neighborhoods,
areas, sites, structures, and objects that have historic, cultural,
archaeological, architectural or aesthetic importance, interest, or
value.
19.
To develop a plan and schedule for
conducting a comprehensive survey of the City of O'Fallon to identify
significant resources. As part of the survey, the O'Fallon Historic
Preservation Commission shall review and evaluate any prior surveys
and studies by any unit of government or private organization and
compile appropriate descriptions, facts, and photographs.
20.
To hold four meetings per year at
regular intervals or more frequently as required in order to carry
out its functions.
[R.O. 2008 § 120.450; Ord. No. 5955 § 1, 1-23-2014]
A.
General. Nominations may be made to the
O'Fallon Historic Preservation Commission on a form prepared by it
and may be submitted by a member of the O'Fallon Historic Preservation
Commission, owner of record of the nominated property or structure,
or the City Council. Nominations shall be turned in to the City Clerk,
who will within seven (7) days of receipt mail a notification of intent
to nominate to the owner of record of the nominated property. Forms
and criteria for nomination will be available in the City Clerk's
department.
B.
Objection By Owner Of Record.
1.
In the case of an individual property
or group of commonly owned parcels, any owner of record of such nominated
property or structure may file an objection to such nomination. In
the case of an area nominated as a Historic District, one or more
owners of record of not less than fifty percent (50%) of the number
of nominated lots of record within the proposed district may file
an objection to such nomination.
2.
Any objection shall be filed with
the City Clerk and must be filed within fifteen (15) days of the date
of the notice of intent.
C.
Criteria For Consideration Of Nomination.
The O'Fallon Historic Preservation Commission shall, upon such investigation
as it deems necessary, make a determination as to whether a nominated
property, structure, site, area or district meets one (1) or more
of the following criteria:
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 sufficient
integrity of location, design, materials, and workmanship to make
it worthy of preservation or restoration.
D.
Hearing. Upon receipt of a completed nomination
of a landmark or Historic District, and following the time period
for owners of record to file objection, the O'Fallon Historic Preservation
Commission shall schedule a hearing to solicit input and comment on
the proposed nomination.
E.
Report And Recommendation Of The O'Fallon
Historic Preservation Commission.
1.
The O'Fallon Historic Preservation Commission shall within forty-five (45) days from receipt of a completed nomination in proper form adopt by resolution a recommendation that the nominated landmark or Historic District does or does not meet the criteria for designation in Subsection (C) of this Section. In the event that a proper objection has been filed with regard to the nomination, an affirmative vote of at least two-thirds (2/3) of the entire membership of the Historic Preservation Commission shall be required to recommend designation as a landmark or historic district. The Commission's resolution shall be accompanied by a report to the City Council containing the following information:
a.
Explanation of the significance or
lack of significance of the nominated landmark or historic district
as it relates to the criteria for designation;
b.
Explanation of the integrity or lack
of integrity of the nominated landmark or historic district;
c.
In the case of a nominated landmark
found to meet the criteria for designation:
d.
In the case of a nominated historic
district found to meet the criteria for designation:
(1)
The types of significant
exterior architectural features of the structures within the nominated
historic district that should be protected;
(2)
The types of alterations
and demolitions that should be discouraged;
(3)
The type and significance
of historic and prehistoric archaeological sites within the nominated
historic district.
e.
The relationship of the nominated
landmark or historic district to the ongoing effort of the O'Fallon
Historic Preservation Commission to identify and nominate all potential
cultural resources that meet the criteria for designation.
f.
A map showing the location of the
nominated landmark and/or the boundaries of the nominated historic
district.
2.
The recommendations and report of
the O'Fallon Historic Preservation Commission shall be sent to the
City Council and shall be available to the public in the City Clerk's
office.
F.
Action By The City Council.
1.
The City Council shall consider the nomination following receipt of a report and recommendation from the O'Fallon Historic Preservation Commission. There shall be an opportunity for public comment on the nomination, and oral or written information concerning the significance of the nominated landmark or Historic District may be offered by any person concerning the nomination. The O'Fallon Historic Preservation Commission may present expert assessment or present its own information regarding the compliance of the nominated landmark or Historic District with the criteria for consideration of a nomination set forth in Subsection C of this Section. The owner of any nominated landmark or of any property within a nominated historic district shall also be allowed reasonable opportunity to offer information regarding significance.
2.
The City Council may thereafter take
action to either reject the recommendation or designate the landmark
or historic district by an ordinance. In the event that a proper objection
has been filed with regard to the nomination, an affirmative vote
of at least two-thirds (2/3) of the entire membership of the City
Council shall be required to designate a landmark or historic district.
Any ordinance shall include a statement explaining the reasons for
the action of the City Council. In addition:
a.
In the case of a nominated landmark,
the ordinance shall include:
(1)
The significant exterior
architectural features of the nominated landmark that should be protected;
and
(2)
The types of construction,
alteration, demolition, and removal that should be discouraged; and
(3)
The archaeological significance
and recommendations for interpretation and protection; and
b.
In the case of a nominated historic
district found to meet the criteria for designation:
(1)
The types of significant
exterior architectural features of the structures within the nominated
historic district that should be protected; and
(2)
The types of alterations
and demolitions that should be discouraged; and
(3)
The type and significance
of historic and prehistoric archaeological sites within the nominated
historic district and recommendations for interpretation and protection.
3.
The City Clerk shall provide written
notification of the action of the City Council by regular mail to
the nominator and the owner(s) of record of the nominated landmark
or of all property within a nominated historic district. The notice
shall include a copy of the designation ordinance passed by the City
Council. A copy of each such ordinance shall also be sent to the O'Fallon
Historic Preservation Commission. The City Clerk shall also file a
certified copy of the ordinance with the St. Charles County Recorder
of Deeds.
4.
The Council may also take such action
as it may deem appropriate and to which the property owner may agree,
to provide suitable signage or other recognition that the subject
property has been so designated.
[R.O. 2008 § 120.460; Ord. No. 5955 § 1, 1-23-2014]
A.
General. No person shall demolish a designated
landmark, or portion thereof, or shall permanently remove a significant
exterior architectural feature without obtaining a certificate of
appropriateness for such demolition or removal. A "significant exterior
architectural feature" shall mean an element which was described in
the ordinance designating the landmark and which was a basis for the
designation decision. No building permit, demolition permit or other
governmental permit or approval shall be issued by the City until
a certificate of appropriateness has been issued by the Historic Preservation
Commission.
B.
Application For Certificate Of Appropriateness.
Applications for a certificate of appropriateness shall include accompanying
plans and specifications affecting the significance of a designated
landmark and, in the case of demolition, showing the contemplated
use of the property. Applications shall be on forms approved by the
Historic Preservation Commission and shall contain such other information
as deemed necessary by the Commission.
C.
Action On Application. The Commission shall
send written notice of the date and time that the application will
be discussed and considered by the Commission to the applicant at
least five (5) days prior to such meeting. The Commission shall hear
comment from the applicant and other interested parties. The Commission
shall review the application for a certificate of appropriateness
and issue or deny the permit 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
to the applicant within seven (7) days following the determination
and shall be accompanied by a certificate of appropriateness in the
case of an approval.
D.
Standards. In considering an application
for a certificate of appropriateness for demolition or permanent removal
of a significant exterior architectural feature, the Commission shall
be guided in principal by the Secretary of the Interior's Standards,
any design guidelines in the ordinance designating the landmark and
design guidelines promulgated by the Commission.
E.
Denial And Appeal. A denial of a certificate
of appropriateness shall be accompanied by a statement of the reasons
for the denial. The Commission shall make recommendations to the applicant
concerning changes, if any, in the proposed action that would cause
the Commission 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 Commission. The applicant may resubmit
an amended application or reapply for a certificate of appropriateness
that takes into consideration the recommendation of the Commission.
If the Commission denies a certificate of appropriateness for the
proposed demolition or removal, the applicant may file with the City
Clerk a written appeal to the City Council. The appeal shall state
all reasons why the applicant believes the Commission's decision is
in error. The City Council may reverse the Commission's decision and
grant the certificate of appropriateness or may affirm the Commission's
decision.
F.
Expiration Of Certificate Of Appropriateness.
A certificate of appropriateness shall become void unless construction
is commenced within six (6) months of date of issuance. Certificates
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 certificate of appropriateness, the project
shall be deemed in violation of this Chapter.
[R.O. 2008 § 120.470; Ord. No. 5955 § 1, 1-23-2014]
All other work and alterations which
do not result in demolition of a landmark, or portion thereof, and
do not result in removal of a significant exterior architectural feature
is permitted without further action or approval of the Commission;
provided, however, that the owner or contractor is required to obtain
all building permits, site plan approvals and other permits and approval
which are necessary under this Code.
[R.O. 2008 § 120.480; Ord. No. 5955 § 1, 1-23-2014]
A.
The Historic Preservation Commission may
provide to owners of property successfully designated as a landmark
non-monetary assistance in the form of advice and review of plans
for exterior alterations, repairs, and any other improvements which
will change the exterior appearance of the property.
B.
Any owner of property designated as a landmark
may submit to the Commission a request for design review and recommendations.
The request may be submitted in the form of a letter or on such forms
as prepared by the Commission. The owner of designated property shall
not be required to comply with the Commission's advice and recommendations;
instead, compliance is strictly voluntary.
C.
In providing advice and recommendations
to such owners of designated properties, the Commission shall consider:
1.
Whether the planned alterations,
repairs and improvements adversely affect the property's character,
interest, or value as part of the development, heritage, or cultural
characteristics of the community, County, State or country;
2.
Whether the planned alterations,
repairs and improvements comply with the recommended design guidelines
adopted by the Commission;
3.
The potential for the alterations,
repairs and improvements to return the property to an accurate historic
appearance;
4.
Any distinguishing characteristics
of an architectural type valuable for the study of a period, type,
method of construction, or use of indigenous materials;
5.
The inclusion or preservation of
elements of design, detailing, materials, or craftsmanship that render
the property architecturally significant;
6.
The inclusion or preservation of
design elements that make the property structurally or architecturally
innovative;
7.
Whether the planned alterations,
repairs and improvements will change the property's character or interest
to such an extent so as to affect the property's eligibility for continued
designation as a landmark.
D.
Following the submission of a request for
advice and recommendations, the Commission shall review the proposed
plans and drawings and provide advice and recommendations to the property
owner within forty-five (45) days of the date of submission of the
request. The Commission's advice and recommendations shall be provided
to the property owner in writing.
E.
In the event that the Commission finds
that the planned alterations, repairs and improvements will change
the property's character or interest to such an extent so as to affect
the property's eligibility for continued designation as a landmark,
the property owner may appeal to the City Council for the Council's
advice and recommendations regarding the proposed alterations, repairs
and improvements. No other advice or recommendations given by the
Historic Preservation Commission shall be appealable to the City Council
or any other body or court for the reason that compliance with such
advice and recommendations by the property owner is voluntary and
not required.
F.
Request for City Council review and recommendations
shall be submitted to the City Clerk within ten (10) days of the date
of the Commission's advice and recommendations.
G.
The City Council may appoint one (1) or
more of its members to review the matter and prepare advice and recommendations
which shall be approved by the City Council as part of its consent
agenda and, thereafter, provided to the property owner in writing.
