City of Hazelwood, MO
St. Louis County
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Table of Contents
Table of Contents
Cross References As to HD historic district zoning, see §405.210.
[CC 1997 §37.1; Ord. No. 2447-93, 2-17-1993]
A. 
The purpose of this Chapter is to promote the educational, cultural, economic, and general welfare of the community by:
1. 
Providing a mechanism to identify and preserve the distinctive historic, archaeological and architectural characteristics of Hazelwood 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 Hazelwood landmarks and Historic Districts;
3. 
Conserving and improving the value of property designated as landmarks or within Historic Districts;
4. 
Providing for 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, and thereby preventing future urban blight;
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 the prehistoric and historic archaeological resources within the incorporated limits of the City.
[CC 1997 §37.2; Ord. No. 2447-93, 2-17-1993]
Unless specifically defined below, words or phrases in this Chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Chapter its most reasonable application. For the purposes of this Chapter, the following words and phrases shall have the meanings ascribed to them by this Section:
ALTERATION
Any act or process that changes one (1) or more historic, architectural or physical features of an area, site, landscape, place and/or structure, including, but not limited to erection, construction, reconstruction, or removal of any structure; the expansion or significant modification of agricultural activities; and clearing, grading or other modification of an area, site, or landscape that changes its current condition.
AREA
A specific geographic division of the City of Hazelwood.
BOARD OF ADJUSTMENT
The Board established pursuant to Sections 405.740 et seq., of Chapter 405, Zoning Regulations.
CERTIFICATE OF APPROPRIATENESS (CA)
A certificate issued by the City of Hazelwood, indicating its approval of plans for alteration, construction, removal or demolition of a landmark or of a structure within an Historic District.
CERTIFICATE OF ECONOMIC HARDSHIP (CEH)
A certificate issued by the City of Hazelwood, recommending authorization of an alteration, construction, removal or demolition, even though a certificate of appropriateness has previously been denied.
COMMISSIONERS
Members of the Hazelwood Historical Preservation Commission.
CONSTRUCTION
An addition to an existing structure or the erection of a new principal or accessory structure on a lot or property for which a building permit is required.
CULTURAL RESOURCES
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.
DEMOLITION
Any act or process which destroys in part or in whole a landmark or a structure within an Historic District, or which threatens to destroy a landmark or a structure within an Historic District, or which destroys or threatens to destroy a potentially significant property or structure 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, architectural, scenic or aesthetic 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, signs, and appurtenant elements.
HISTORIC DISTRICT (HD)
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.
HISTORIC SIGNIFICANCE
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.
LANDMARK
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 Hazelwood.
MINIMUM MAINTENANCE
The minimum regulations governing the conditions and maintenance of all existing structures, as adopted by the City.
ORDINARY MAINTENANCE
Any work for which a building permit is not required by municipal ordinance, 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 practical, to its condition prior to the occurrence of such deterioration, decay or damage, and does not involve change of materials nor of form.
OWNER OF RECORD
The person, corporation or other legal entity listed as owner on the records of the County Recorder of Deeds.
PUBLIC IMPROVEMENT PROJECT
An action by the City of Hazelwood or any of its departments or agencies involving major modification or replacement of streets, sidewalks, curbs, street lights, street or sidewalk furniture, landscaping, parking, or other portions of the public infrastructure servicing commercial, residential, recreational or industrial development; or any undertakings effecting City parks or City-owned structures.
REMOVAL
Any relocation of a structure, object or artifact on its site or to another site.
REPAIR
Any change that is not construction, alteration, demolition or removal and is necessary or useful for continuing normal maintenance and upkeep.
SITE
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.
STOP WORK ORDER
An order of the City 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 worthy of preservation.
[1]
Cross Reference—For further regulations regarding building code, see ch. 500.
[CC 1997 §37.3; Ord. No. 2447-93, 2-17-1993; Ord. No. 2876-97, 7-16-1997]
A. 
The Historic Preservation Commission shall consist of nine (9) members. All members of the Commission shall be registered voters of the City and shall hold no other office or position in the City Government except on short-term, interim study committees. All appointments shall be for a term of three (3) years, except those to fill a vacancy, and they shall be for the duration of the unexpired term. The City Council shall make every reasonable effort to appoint persons with a demonstrated interest in the history and preservation of the City of Hazelwood. To the extent available in the community, the Hazelwood 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 and residents of Historic Districts. In addition to the nine (9) members, the City Manager shall appoint a member of the City staff, and the City Council shall appoint a member of the City Plan Commission to serve as liaisons. The staff and City Plan Commission representatives shall not be members of the Commission and shall not vote or hold office on this Commission. The Historic Preservation Commission shall hold at least four (4) meetings per year and any member of the Hazelwood Historic Preservation Commission who fails to attend at least fifty percent (50%) of all meetings, regular and special, in any calendar year, shall thereby automatically vacate the membership, unless such absence was due to good cause and approved by the majority of Commissioners. Officers shall be a Chairman and a Co-Chairman elected by the Hazelwood Historic Preservation Commission who shall each serve a term of one (1) year and shall be eligible for reelection. No member shall serve as Chairman for more than two (2) consecutive years.
B. 
The Chairman shall preside over meetings. In the absence of the Chairman, the Co-Chairman shall perform the duties of the Chairman. If both are absent, a temporary Chairman shall be elected by those present.
C. 
The Secretary of the Hazelwood Historic Preservation Commission shall be appointed by the City Manager and shall have the following duties:
1. 
Take minutes of each Hazelwood Historic Preservation Commission meeting;
2. 
Be responsible for publication and distribution of copies of the minutes, reports, and decisions to the members of the Hazelwood Historic Preservation Commission;
3. 
Give notice as provided herein by law for all hearings conducted by the Hazelwood Historic Preservation Commission;
4. 
Advise the Mayor and City Council of vacancies on the Hazelwood Historic Preservation Commission and expiring terms of members; and
5. 
Prepare to submit to the City Council a complete record of the proceedings before the Hazelwood Historic Preservation Commission on any matter requiring City Council consideration.
[CC 1997 §37.4; Ord. No. 2447-93, 2-17-1993]
A quorum shall consist of a majority of the members. All decisions or actions of the Hazelwood Historic Preservation Commission shall be made by a majority vote of those members present and voting at any meeting where a quorum exists. Meetings shall be held at regularly scheduled times to be established by resolution of the Hazelwood Historic Preservation Commission at the beginning of each calendar year or at any time upon the call of the Chairman, but no less than once each quarter. No member of the Hazelwood Historic Preservation Commission shall vote on any matter that may materially or apparently affect the property, income, or business interest of that member. No action shall be taken by the Hazelwood Historic Preservation Commission that could in any manner deprive or restrict the owner of property in its use, modification, maintenance, disposition, or demolition until such owner shall first have had the opportunity to be heard at a public meeting of the Hazelwood Historic Preservation Commission, as provided herein. The Chairman, and in his absence, the acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Hazelwood Historic Preservation Commission shall be open to the public except as allowed by State law. The Hazelwood Historic Preservation Commission shall keep minutes of its proceedings, showing the vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the City Clerk and shall be public record.
[CC 1997 §37.5; Ord. No. 2447-93, 2-17-1993]
The City Council shall annually appropriate funds, within the budget limitations, for the operation of the Hazelwood Historic Preservation Commission. The Commission may, with the consent of the City Council, apply for, receive, or expend any Federal, State or private grant, grant-in-aid, gift or bequest, in furtherance of the general purposes of this Chapter.
[CC 1997 §37.6; Ord. No. 2447-93, 2-17-1993]
The members shall serve without compensation but shall be reimbursed for expenses they incur while on Hazelwood Historic Preservation Commission business, provided such expenses have been authorized by the City Council.
[CC 1997 §37.7; Ord. No. 2447-93, 2-17-1993]
A. 
The Hazelwood Historic Preservation Commission shall have the following powers and duties:
1. 
To adopt its own procedural regulations, provided such regulations are consistent with this Chapter, 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 Plan Commission and 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 Plan Commission and 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; and to make recommendations for the design and implementation of specific markings of the streets and routes leading from one landmark or Historic District to another.
7. 
To advise 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 nominate, through the City Plan Commission and City Council, landmarks and Historic Districts to the Hazelwood 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.
9. 
To inform and educate the citizens of the City of Hazelwood concerning the historic, archaeological and architectural heritage of the City through publication or sponsorship of maps, newsletters, brochures, pamphlets, programs and seminars by the City, the Hazelwood Historic Preservation Commission, or other appropriate parties.
10. 
To hold hearings and to review applications for construction, alteration, removal or demolition affecting proposed or designated landmarks or structures within Historic Districts and recommend the issuance or denial of certificates of appropriateness for such actions. Applicants may be required to submit plans, drawings, elevations, specifications, and other information as may be necessary to make decisions.
11. 
To hold hearings on each proposed nomination of a landmark or Historic District and on the guidelines developed for each nomination.
12. 
To recommend the issuance of stop work orders for any construction, alteration, removal or demolition undertaken without a certificate of appropriateness or to recommend work that violates the conditions of a certificate of appropriateness, be stopped.
13. 
To review all applications for demolition permits within the corporate limits of the City to determine impact to significant cultural resources, including those not yet nominated as landmarks or as contributing properties within an Historic District and make recommendations to the Public Works Department.
14. 
To consider and make recommendations concerning applications for a certificate of economic hardship that would allow the performance of work for which a certificate of appropriateness has been denied.
15. 
To develop specific design guidelines based on the Secretary of the Interior's Standards of Rehabilitation for the alteration, construction, or removal of landmarks or property and structures within Historic Districts.
16. 
To review proposed zoning amendments, applications for special use permits, or applications for zoning variances that affect proposed or designated landmarks or Historic Districts. The City Clerk shall send applications for special use or zoning variations in Historic Districts to the Hazelwood Historic Preservation Commission for comment at least fifteen (15) days prior to the date of the hearing by the City Council, the City Plan Commission or the Board of Adjustment.
17. 
To administer on behalf of the City of Hazelwood any property of historical significance or full or partial interest in real property, including easements, that the City of Hazelwood may have or accept as a gift or otherwise, upon approval by the City Council.
18. 
To accept and administer on behalf of the City of Hazelwood, upon approval of the City Council, such gifts, grants, and money as may be appropriate for the purposes of this Chapter. Such money may be expended, after approval by the City Council, for publishing maps and brochures or for utilizing staff persons or consultants or performing other functions for the purpose of carrying out the duties and powers of the Hazelwood Historic Preservation Commission and the purposes of this Chapter.
19. 
To call upon available City staff members as well as other experts for technical advice.
20. 
To recommend the retention of such specialists or consultants or appointment of such citizen advisory committees as may be required from time to time.
21. 
To testify before all boards and commissions, including the City Plan Commission and the Board of Adjustment, on any matter affecting historically, archaeologically, culturally and architecturally significant property, structures, sites and areas.
22. 
To make recommendations to the City Council concerning budgetary appropriations to further the general purposes of this Chapter.
23. 
To develop a preservation component in the Comprehensive Plan of the City of Hazelwood and to recommend it to the City Plan Commission and to the City Council.
24. 
To periodically review Chapter 405, Zoning Regulations, and to recommend to the City Plan Commission and the City Council any amendments appropriate for the protection and continued use of landmarks or property, sites and structures within Historic Districts.
25. 
To undertake any other action or activity necessary or appropriate to the implementation of its powers and duties or to the implementation of the purpose of this Chapter.
[CC 1997 §37.8; Ord. No. 2447-93, 2-17-1993]
A. 
The Hazelwood Historic Preservation Commission shall undertake an ongoing survey and research effort in the City of Hazelwood to identify neighborhoods, areas, sites, structures, and objects that have historic, cultural, archaeological, architectural or aesthetic importance, interest, or value. The Hazelwood Historic Preservation Commission shall develop a plan and schedule for conducting a comprehensive survey of the City of Hazelwood to identify significant resources. As part of the survey, the Hazelwood 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. The Hazelwood Historic Preservation Commission shall identify potential landmarks and Historic Districts and adopt procedures to recommend nomination of them based upon the following criteria:
1. 
The potential landmarks and Historic Districts in one (1) identifiable neighborhood or distinct geographical area of the City of Hazelwood.
2. 
The potential landmarks and Historic Districts associated with a particular person, event, or historical period.
3. 
The potential landmarks and Historic Districts of a particular architectural style or school, or of a particular architect, engineer, builder, designer, or craftsman.
4. 
The potential landmarks and Historic Districts containing historic and prehistoric archaeological sites with the potential to contribute to the understanding of historic and prehistoric cultures.
5. 
Such other criteria as may be adopted by the Hazelwood Historic Preservation Commission to assure systematic survey and nomination of all potential landmarks and Historic Districts within the City of Hazelwood.
[CC 1997 §37.9; Ord. No. 2447-93, 2-17-1993]
A. 
General. Nominations shall be made to the Hazelwood Historic Preservation Commission on a form prepared by it and may be submitted by a member of the Hazelwood 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. 
Criteria For Consideration Of Nomination. The Hazelwood 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.
[CC 1997 §37.10; Ord. No. 2447-93, 2-17-1993]
Upon receipt of a completed nomination of a landmark or Historic District, the Hazelwood Historic Preservation Commission shall schedule a hearing to solicit input and comment on the proposed nomination and certificate of appropriateness guidelines.
[CC 1997 §37.11; Ord. No. 2447-93, 2-17-1993]
A. 
The Hazelwood 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 Section 415.090(B) of this Chapter. The resolution shall be accompanied by a report to the City Plan Commission containing 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 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 that should be reviewed for appropriateness pursuant to the provisions of Section 415.200 through Section 415.210 of this Chapter;
c. 
Archaeological significance and recommendations for interpretation and protection.
4. 
In the case of a nominated Historic District found to meet the criteria for designation:
a. 
The types of significant exterior architectural features of the structures within the nominated Historic District that should be protected;
b. 
The types of alterations and demolitions that should be reviewed for appropriateness pursuant to the provisions of Sections 415.200, 415.210 and 415.250 of this Chapter;
c. 
The type and significance of historic and prehistoric archaeological sites within the nominated Historic District.
5. 
Proposals for design guidelines of Hazelwood Historic Preservation Commission review of certificates of appropriateness within the nominated landmark or Historic District.
6. 
The relationship of the nominated landmark or Historic District to the ongoing effort of the Hazelwood Historic Preservation Commission to identify and nominate all potential cultural resources that meet the criteria for designation.
7. 
Recommendations as to appropriate permitted uses, special uses, height and area regulations, minimum dwelling size, floor area, sign regulations, lot size, and parking regulations necessary or appropriate to the preservation of the nominated landmark or Historic District, including recommendations for buffer zones to protect and preserve visual integrity.
8. 
A map showing the location of the nominated landmark and/or the boundaries of the nominated Historic District. The recommendations and report of the Hazelwood Historic Preservation Commission shall be sent to the City Plan Commission within seven (7) days following the vote on the resolution and shall be available to the public in the City Clerk's department.
[CC 1997 §37.12; Ord. No. 2447-93, 2-17-1993]
The City Plan Commission shall schedule and hold a hearing on the nomination following receipt of a report and recommendation from the Hazelwood Historic Preservation Commission that a nominated landmark or Historic District does or does not meet the criteria for designation. The meeting shall be scheduled, held and conducted in the same manner as other meetings to consider applications for Zoning Map amendments or ordinance amendments. Notice of the date, time, place and purpose of the meeting and a copy of the completed nomination form shall be sent by regular mail to the owner(s) of record and to the nominators.
[CC 1997 §37.13; Ord. No. 2447-93, 2-17-1993]
A. 
Oral or written testimony concerning the significance of the nominated landmark or Historic District shall be taken at the hearing from any person concerning the nomination. The Hazelwood Historic Preservation Commission may present expert testimony or present its own evidence regarding the compliance of the nominated landmark or Historic District with the criteria for consideration of a nomination set forth in Section 415.090(B) of this Chapter.
B. 
The owner of any nominated landmark or of any property within a nominated Historic District shall be allowed reasonable opportunity to present evidence regarding significance and shall be afforded the right of representation by counsel and reasonable opportunity to cross-examine expert witnesses. The hearing shall be closed upon completion of testimony.
[CC 1997 §37.14; Ord. No. 2447-93, 2-17-1993]
Within sixty (60) days following close of the hearing, the City Plan Commission shall make a determination upon the evidence whether the nominated landmark or Historic District does or does not meet the criteria for designation. Such a determination shall be made upon a motion and vote of the City Plan Commission and shall be accompanied by a report stating the findings of the City Plan Commission concerning the relationship between the criteria for designation in Section 415.090(B) of this Chapter and the nominated landmark or Historic District and all other information required by Section 415.110 and 415.120 of this Chapter.
[CC 1997 §37.15; Ord. No. 2447-93, 2-17-1993]
Notice of the determination of the City Plan Commission, including a copy of the report, shall be sent by regular mail to the owner of record of a nominated landmark and of all property within a nominated Historic District and to the nominator within seven (7) days following adoption of the resolution. Within seven (7) days following a determination by the City Plan Commission that the nominated landmark or Historic District does or does not meet the criteria for designation, a copy of the resolution and report accompanied by a recommendation that the nominated landmark or Historic District be designated or denied shall be sent to the City Council.
[CC 1997 §37.16; Ord. No. 2447-93, 2-17-1993]
The City Clerk shall set a public hearing before the City Council within sixty (60) days after receiving the recommendation that the nominated landmark or Historic District be designated or denied. The City Council shall hold a public hearing receiving testimony from all interested parties, and subsequent to the public hearing, take action to either reject the recommendation by formal resolution or designate the landmark or Historic District by an ordinance. Any resolution or ordinance shall be accompanied by a written statement explaining the reasons for the action of the City Council. The City Clerk shall provide written notification of the action of the City Council by regular mail to the nominator, the appellant, 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 or resolution passed by the City Council and shall be sent within seven (7) days of the City Council action. A copy of each such resolution or ordinance shall also be sent to the Hazelwood Historic Preservation Commission, the City Plan Commission and the Department of Public Works.
[CC 1997 §37.17; Ord. No. 2447-93, 2-17-1993]
Upon designation, the landmark or Historic District shall be classified as an Historic District, and the designating ordinance shall prescribe the significant exterior architectural features; the types of construction, alteration, demolition, and removal, other than those requiring a building or demolition permit that should be reviewed for appropriateness; the design guidelines for applying the criteria for review of appropriateness; permitted uses; special uses; height and area regulation; minimum dwelling size; floor area; lot size; sign regulation; and parking regulations. The official Zoning Map of the City of Hazelwood shall be amended to show the location of the Historic District as an overlay zone.
[CC 1997 §37.18; Ord. No. 2447-93, 2-17-1993]
No building, excavation or demolition permit shall be issued by the Public Works Department 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 Hazelwood Historic Preservation Commission at which a nomination form is first presented until the final disposition of the nomination by the City Council unless such alteration, removal, or demolition is authorized by formal resolution of the City Council as necessary for public health, welfare, or safety. In no event shall the delay be for more than one hundred eighty (180) days.
[CC 1997 §37.19; Ord. No. 2447-93, 2-17-1993]
Designation may be amended or rescinded upon petition to the Hazelwood Historic Preservation Commission and compliance with the same procedure and according to the same criteria set forth herein for designation.
[CC 1997 §37.20; Ord. No. 2447-93, 2-17-1993]
A. 
Design guidelines for applying the criteria for review of certificates of appropriateness shall, at a minimum, consider the following architectural criteria:
1. 
Height. The height of any proposed alteration or construction should be compatible with the style and character of the landmark and with surrounding structures in an Historic District.
2. 
Proportions of windows and doors. The proportions and relationships between doors and windows should be compatible with the architectural style and character of the landmark and with surrounding structures within an Historic District.
3. 
Relationship of building masses and spaces. The setback and relationship of a structure within an Historic District to the open space between it and adjoining structures should be compatible.
4. 
Roof shape. The design of the roof should be compatible with the architectural style and character of the landmark, and with surrounding structures in an Historic District.
5. 
Landscaping. Landscaping should be compatible with the architectural character and appearance of the landmark and of surrounding structures and landscapes in Historic Districts.
6. 
Scale. The scale of the structure after alteration, construction, or partial demolition should be compatible with its architectural style and character and with surrounding structures in an Historic District.
7. 
Directional expression. Facades in Historic Districts should blend with other structures with regard to directional expression. Structures in an Historic District 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.
8. 
Architectural details. Architectural details including materials, colors, and textures should be treated so as to make a landmark compatible with its original architectural style and character and to preserve and enhance the architectural style or character of a landmark or Historic District.
9. 
Signage. The character of signs should be in keeping with the historic architectural character of a landmark or Historic District. Character of a sign includes the number, size, area, scale, location, type, (e.g., off-site advertising signs and on-site business signs), letter size or style, and intensity and type of illumination.
10. 
Minimum maintenance. Significant exterior architectural features should be kept in a condition of good repair and maintenance. All structural mechanical systems should be maintained in a condition and state of repair that will prevent decay, deterioration or damage to significant architectural features, or otherwise adversely affect the historic or architectural character of structures within an Historic District.
[CC 1997 §37.21; Ord. No. 2447-93, 2-17-1993]
A. 
An application for a certificate of appropriateness must be made prior to applying for a demolition or building permit affecting the exterior architectural appearance of any landmark or any structure within an Historic District including the following:
1. 
Any construction, alteration, or removal requiring a building permit from the City of Hazelwood.
2. 
Any demolition in whole or in part requiring a demolition permit from the City of Hazelwood.
3. 
Any construction, alteration, demolition, or removal affecting a significant exterior architectural feature or appearance as specified in the ordinance designating the landmark or Historic District.
4. 
Any construction, alteration or removal involving earth disturbing activities that might affect archaeological resources.
5. 
Any actions to correct a violation of a minimum maintenance standard. Applications for a certificate of appropriateness shall include accompanying plans and specifications affecting the exterior architectural appearance of a designated landmark or of a property within a designated Historic District; and applications for demolition permits shall include plans and specifications for the contemplated use of the property.
6. 
Applications for building and demolition permits for properties within a landmark or Historic District shall be forwarded by the Director of Public Works to the Hazelwood Historic Preservation Commission within seven (7) days following receipt of the application. A building or demolition permit shall not be issued until a certificate of appropriateness has been issued by the Hazelwood Historic Preservation Commission. Any applicant may request a meeting with the Hazelwood Historic Preservation Commission before the application is reviewed by the Hazelwood Historic Preservation Commission or during the review of the application. Application for review of ordinary maintenance or repair not requiring a building permit for which a certificate of appropriateness is required shall be made on a form prepared by the Hazelwood Historic Preservation Commission and available in the City Clerk's department. The Hazelwood Historic Preservation Commission shall consider the completed application at its next regular meeting or sooner.
[CC 1997 §37.22; Ord. No. 2447-93, 2-17-1993]
Whenever the Hazelwood Historic 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, or that a violation of the conditions of a permit has occurred, it shall advise the Director of Public Works, who shall then advise the owners, occupants, contractor or subcontractor of the proper procedures to be followed. If work proceeds without getting the appropriate approval, the Director of Public Works shall issue a stop work order and cause it to be posted. Any violation of a stop work order shall be cited by the Police Department.
[CC 1997 §37.23; Ord. No. 2447-93, 2-17-1993]
The Hazelwood Historic Preservation 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 the applicant and the Public Works Department within seven (7) days following the determination and shall be accompanied by a certificate of appropriateness in the case of an approval. Upon receipt of the appropriate application, the Public Works Department may issue a building or demolition permit for which a certificate of appropriateness has been granted. 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.
[CC 1997 §37.24; Ord. No. 2447-93, 2-17-1993]
A denial of a certificate of appropriateness shall be accompanied by a statement of the reasons for the denial. The Hazelwood Historic Preservation Commission shall make recommendations to the applicant concerning changes, if any, in the proposed action that would cause the Hazelwood Historic Preservation Commission to reconsider its denial and shall confer with the applicant and attempt to resolve as quickly as possible the differences between the owner and the Hazelwood Historic Preservation Commission. The applicant may resubmit an amended application or reapply for a building or demolition permit that takes into consideration the recommendation of the Hazelwood Historic Preservation Commission.
[CC 1997 §37.25; Ord. No. 2447-93, 2-17-1993]
A. 
Public improvement and land acquisition projects by the City of Hazelwood or any of its departments or agencies shall be reviewed by the Hazelwood Historic Preservation Commission in the following manner:
1. 
The Hazelwood Historic Preservation Commission shall review and comment upon any public improvement project proposed by the City of Hazelwood or any of its agencies or departments within any Historic District, on the site of, or within two hundred (200) feet of any landmarks, or within two hundred (200) feet of any boundary of an Historic District. The Department of Public Works shall send a completed preliminary design for a public improvement project to the Hazelwood Historic Preservation Commission simultaneously with its submission to the City Council for approval. The Hazelwood Historic Preservation Commission shall have at least thirty (30) days to complete its review and report to the City Council, except when the City Manager, if necessary to accelerate the design review process, may specify a time less than thirty (30) days within which the Hazelwood Historic Preservation Commission shall complete its review and report to the City Council.
2. 
The Hazelwood Historic Preservation Commission shall review and comment upon any proposed acquisition of a landmark or of land or buildings within an Historic District by the City of Hazelwood or any of its agencies or departments. The City Council or the City Manager shall, at the earliest possible date that will not interfere with acquisition negotiations, send the Hazelwood Historic Preservation Commission information concerning the location, size, purchase price, current use, and proposed use of the land or building to be acquired, and specify the date by which the Hazelwood Historic Preservation Commission shall report to the Council.
3. 
The Hazelwood Historic Preservation Commission shall review the public improvement or land acquisition project to determine its effect upon the historic, archaeological or architectural character of the landmark or Historic District and report to the City Council within any time specified by the City Council or City Manager but not to exceed forty-five (45) days. The report by the Hazelwood Historic Preservation Commission shall include any recommendations for changes to the preliminary design or land acquisition that will lessen or alleviate any adverse effect of the proposed project upon the historic, archaeological or architectural character of the landmark or Historic District. The City Council shall take no final action on the preliminary design or land acquisition until it has received and reviewed the report of the Hazelwood Historic Preservation Commission.
[CC 1997 §37.26; Ord. No. 2447-93, 2-17-1993]
A. 
In considering an application for a building or demolition permit or for a certificate of appropriateness, the Hazelwood Historic Preservation Commission shall be guided in principal by the Secretary of the Interior's Standards, as follows, in addition to any design guidelines in the ordinance designating the landmark or Historic District.
1. 
A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
2. 
The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
3. 
Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.
4. 
Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
5. 
Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize an historic property shall be preserved.
6. 
Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.
7. 
Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
8. 
Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
9. 
New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.
10. 
New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
[CC 1997 §37.27; Ord. No. 2447-93, 2-17-1993]
Design guidelines for review of applications for a certificate of appropriateness shall, at a minimum, include the architectural criteria as set forth in Section 415.200.
[CC 1997 §37.28; Ord. No. 2447-93, 2-17-1993]
A. 
Application for a certificate of economic hardship shall be made on a form prepared by the Hazelwood Historic Preservation Commission only after a certificate of appropriateness has been denied. The Hazelwood Historic Preservation Commission shall schedule a hearing concerning the application and provide public notice and individual notice to the applicant, owners of record, and owners adjacent to the property, in the same manner as in Sections 415.120 and 415.130, and any person may testify at the hearing concerning economic hardship. All testimony, objections thereto and rulings at such hearing shall be taken down by a secretary employed by the City for that purpose, or, if electronic tape recording equipment is available, by such electronic means. The Hazelwood Historic Preservation Commission may solicit expert testimony or require that the applicant for a certificate of economic hardship make submissions concerning any or all of the following information before it makes a determination on the application.
1. 
Estimate of the cost of the proposed construction, alteration, demolition or removal and an estimate of any additional cost that would be incurred to comply with the recommendations of the Hazelwood Historic Preservation Commission for changes necessary for the issuance of a certificate of appropriateness;
2. 
A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation;
3. 
Estimated market value of the property in its current condition; after completion of the proposed construction, alteration, demolition or removal; after any changes recommended by the Hazelwood Historic Preservation Commission, and, in the case of a proposed demolition, after renovation of the existing property for continued use;
4. 
In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure;
5. 
Assessed value of the property according to the two (2) most recent assessments;
6. 
Real estate taxes for the previous two (2) years;
7. 
Form of ownership or operation of the property, whether sole proprietorship, for profit or not for profit corporation, limited partnership, joint venture, or other;
8. 
Any other information considered necessary by the Hazelwood Historic Preservation Commission to make a determination as to whether the property does yield, or may yield, a reasonable return to the owners.
B. 
In addition to the foregoing information which the Hazelwood Historic Preservation Commission may solicit or require the applicant to provide, the applicant may provide the following information with respect to any application for a certificate of economic hardship:
1. 
Amount paid for the property, the date of purchase and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any pertinent terms of financing between the seller and buyer;
2. 
If the property is income-producing, the annual gross income from the property for the previous two (2) years; itemized operating and maintenance expenses for the previous two (2) years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period;
3. 
Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years;
4. 
Appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing or ownership of the property;
5. 
Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two (2) years;
6. 
Information regarding the applicant's relevant tax bracket.
[CC 1997 §37.29; Ord. No. 2447-93, 2-17-1993]
The Hazelwood Historic Preservation Commission shall review all the evidence and information required of any applicant for a certificate of economic hardship and make a determination, within forty-five (45) days of receipt of the application, whether the denial of a certificate of appropriateness has deprived, or will deprive, the owner of the property of reasonable use of, or economic return on, the property. Written notice of the determination shall be provided to the applicant and the Building Department within seven (7) days following the determination.
[CC 1997 §37.30; Ord. No. 2447-93, 2-17-1993]
If a determination by the Hazelwood Historic Preservation Commission that an application for a certificate of appropriateness or for a certificate of economic hardship should be denied, the applicant or any other interested person 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 City Council specifying the grounds thereof.
[CC 1997 §37.31; Ord. No. 2447-93, 2-17-1993]
A. 
Ordinary Maintenance Exclusion. Nothing in the Chapter shall be construed to prevent the ordinary maintenance or repair of any exterior elements of any building or structure described in Section 415.260.
B. 
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.
C. 
Minimum Maintenance Requirement. All buildings and structures designated by City ordinance as HD — Historic District shall be preserved in the following manner against decay and deterioration and free from certain structural defects, by the owner thereof or such other person or persons who may have the legal custody and control thereof who shall repair such building if it is found to have any of the following defects:
1. 
The deterioration of exterior walls or other vertical supports;
2. 
The deterioration of roofs or other horizontal members;
3. 
The deterioration of external chimneys;
4. 
The deterioration or crumbling of exterior plaster or mortar;
5. 
The deterioration or ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors;
6. 
The peeling of paint, rotting, holes, and other forms of decay;
7. 
The lack of maintenance of surrounding environment, e.g., fences, gates, sidewalks, steps, signs, accessory structures, and landscaping;
8. 
The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition or conditions.
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 Hazelwood Historic 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 Hazelwood Historic 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 Hazelwood Historic 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 415.340.
E. 
Although it is the desire and goal of the City to have all properties restored, no owner of property, or other person having custody thereof, shall be required to restore or improve said property beyond the condition which existed at the time the property was designated a landmark or Historic District.
[CC 1997 §37.32; Ord. No. 2447-93, 2-17-1993]
Applications for zoning amendments, special land use permits, or variances for a landmark or structures within an Historic District shall be referred to the Hazelwood Historic Preservation Commission by the City Clerk. The Hazelwood Historic 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 Hazelwood Historic Preservation Commission shall forward its comments to the City Plan Commission for their consideration in reviewing the application.
[CC 1997 §37.33; Ord. No. 2447-93, 2-17-1993]
None of the provisions of this Chapter shall be construed to prevent any measures of construction, alteration, or demolition necessary to correct or abate the unsafe or dangerous condition of any structure, other feature or part thereof, where such condition has been declared unsafe or dangerous by the Director of Public Works, and where the proposed measures have been declared necessary, by such department, 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 an 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.
[CC 1997 §37.34; Ord. No. 2447-93, 2-17-1993]
The Hazelwood Historic Preservation Commission may establish an appropriate system of processing fees for the review of nominations, certificates of appropriateness, and certificate of economic hardships. Any person who undertakes or causes an alteration, construction, demolition or removal of any nominated or designated landmark or property within a nominated or designated Historic District without a certificate of appropriateness or a certificate of economic hardship shall, upon being found guilty of violation thereof, be punished as set forth in the Municipal Code of the City in Section 100.130. Every day each such violation continues to exist shall constitute a separate violation. The Hazelwood Historic Preservation Commission may recommend that the City institute any appropriate action or proceeding to enjoin, correct or abate any violation of this Chapter.