[Ord. No. 3945[1] §1, 2-12-2015]
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 the
City 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 the City's landmarks and historic
districts;
3.
Conserving and improving the value of property designated as
"landmarks" or within the National Register Historic District;
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 City's historic structures, areas and neighborhoods;
7.
Promoting 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
corporate limits of the City.
[1]
Editor's Note: This ordinance also repealed former Chapter
410, Historic Preservation, adopted 10-11-2007 by §1 of Ord.
No. 3552.
[Ord. No. 3945 §1, 2-12-2015]
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.
The City Administrator or his/her designee.
Any act or process which changes, adds to or deletes structural
or decorative exterior elements of a structure or the structure's
components. Replacement of original character-defining features with
in-kind materials on landmarks if more than thirty percent (30%) of
the feature(s) is being replaced. Any replacement of original character-defining
features with materials other than in-kind materials. Any replacement
of existing non-original materials with different materials. Changes
in color are not considered alterations.
A specific geographic division of the City.
Ste. Genevieve Board of Aldermen.
A certificate issued by the Commission or the Administrator
indicating approval of project plans for alteration, construction,
removal or demolition of a landmark, structure or site within one
hundred eighty-five (185) feet of a landmark in the H-2 Historic District
Overlay; of a structure within the National Register Historic District;
or a demolition of a structure within the City limits but not a landmark,
not within one hundred eighty-five (185) feet of a landmark and not
within the National Register Historic District.
A certificate issued by the Commission authorizing an alteration,
construction, removal or demolition even though a certificate of appropriateness
has been denied.
The person appointed by the Board of Aldermen of the City of Ste. Genevieve pursuant to Municipal Code Title I, Section 115.190.
A professional engineer licensed in the State of Missouri
and hired by the City to perform technical engineering duties.
Ste. Genevieve Heritage Commission.
The erection of any on-site improvements on any parcel of
property, whether the site is presently improved or unimproved or
whether adding to an existing structure or erecting a new principal
or secondary structure.
A site, structure or object within an historic district that
is an integral part of the historic context and character of the National
Register Historic District.
Historic districts, sites, buildings, structures, objects
or evidence of significance to a particular culture, subculture or
a community or relating to science, architecture, engineering, art,
tradition, religion or other cultural significance.
Any act or process which destroys or threatens to destroy
in part or in whole a structure or site.
A standard of appropriate activity that will preserve the
historic and architectural character of a structure, site or area.
The architectural character and general composition of the
exterior of a structure, including, but not limited to, the kind,
color and texture of building material and the type, design and character
of all windows, doors, light fixtures, signs and appurtenant elements.
Materials that make up component parts of a structure as
of the date of the application but were not used when the structure
was originally built and are no longer present on the structure.
An area designated by Ordinance Number 2322 by the Board
of Aldermen in 1978 and ratified by Bill No. 4004, 2015 outside the
National Register Historic District but within the National Landmark
District.
An area designated by ordinance of the Board 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 individually as landmarks, nevertheless contribute to the
overall visual characteristics and historic significance of the historic
district.
Materials with the identical features, finishes and construction
technique or craftsmanship and match the original materials in design,
and other visual qualities that can be perceived or are visible by
ordinary viewing.
A property or structure designated by ordinance of the Board
as worthy of rehabilitation, restoration, interpretation and preservation
because of the property or structure's historic, architectural
or archaeological significance to the City and that is listed on the
Ste. Genevieve Landmark Register.
A list of structures, sites and districts designated and
ratified by the Board of Aldermen that have historic, architectural
or archeological significance to the City of Ste. Genevieve.
The minimum regulations governing the conditions and maintenance
of all existing structures as set out in the International Code Council
(ICC) Property Maintenance Code, 2012 Edition, as published by the
International Code Council, Inc., or any more recent version or substitute
code that the City Board of Aldermen may adopt.[1]
An area designated by the United States Department of the
Interior on May 29, 1971, and the boundaries contained therein; and
is coterminous with the National Register Historic District and the
H-2 Historic District Overlay and designated and ratified by Bill
No. 4004, 2015 as on the Landmark Register.
An area designated by the National Register of Historic Places
and identified in the 2002 National Register of Historic District
Registration Form and designated and ratified by Bill No. 4004, 2015
as on the Landmark Register.
A structure that is within the National Register Historic
District but does not contribute to the historic character or context
of the District.
The recurrent, day-to-day, periodic or scheduled work required
to preserve a structure. Ordinary maintenance includes work required
to restore components which have deteriorated from fair wear and tear
and other work on a structure to prevent damage or deterioration to
that structure which would otherwise be more expensive to repair.
Replacement of original materials with materials in-kind, except when
in-kind replacement of original character-defining architectural features
of a landmark is greater than thirty percent (30%) of the feature
being replaced. Replacement of existing non-original materials with
materials of the same type.
The person, corporation or other legal entity listed as owner
on the records of the Ste. Genevieve County Recorder of Deeds.
The Ste. Genevieve Planning and Zoning Commission.
Any proposed action to a landmark, a site or structure on properties within one hundred eighty-five (185) feet of a landmark within the H-2 Historic District Overlay, or sites or structures within the National Register Historic District, including, but not limited to, new construction, site improvements, exterior alterations to buildings or structures, certain repairs to landmarks described herein, removal or movement of buildings or structures, and demolition of any building or structure. Ordinary maintenance and repairs as defined in Section 410.020 are not projects.
An action by the City or any of the City's departments
or agencies involving major modification or replacement of streets,
sidewalks, curbs, streetlights, street or sidewalk furniture, landscaping,
parking or other portions of the public infrastructure servicing commercial,
residential, recreational or industrial development; or any undertakings
affecting City-owned structures.
Any relocation of any structure or materials from any structure
from its original site to another site.
Restoration of a building or structure or component thereof
to such a condition that it may be used effectively for the building
or structure's intended purpose by overhaul or reprocessing or
in-kind replacement of constituent parts or material that has deteriorated
by action of the elements or wear and tear in use which cannot be
corrected through maintenance. Repairs include restoring and the in-kind
replacement of components of structures damaged by fire, storm, the
elements or other disasters. Replacement of original materials with
materials in-kind, except when in-kind replacement of original character-defining
architectural features of a landmark is greater than thirty percent
(30%) of the feature being replaced. Replacement of existing non-original
materials with materials of the same type.
See "Landmark Register."
Those which contribute to the historic significance of a
district because of the property's location, design, setting,
materials, workmanship, feeling or association which adds to the district's
sense of time and place and historical development.
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.
An order of the Commission issued by the City Administrator
or designated City staff directing the owner, occupant, contractor
or subcontractor to halt an action for which a certificate of appropriateness
is required or to stop work that violates the conditions of the certificate
of appropriateness.
The appearance of a structure, including (but not limited
to) fencing, fenestration (windows and window openings, doors and
door openings), siding, roofing and any structural feature that relates
to the architectural style or period of the structure from the front
(street) view at a distance of one hundred (100) feet from the front
property boundary in either direction.
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, sheds,
fences, gazebos, advertising signs, billboards, backstops for tennis
courts, radio and television antennas and towers and swimming pools.
[Ord. No. 3945 §1, 2-12-2015]
None of the provisions of this Chapter shall be construed to
prevent any measures of construction, alterations 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 City Administrator and where the proposed
measures have been declared necessary by such department or departments
to correct the said conditions; provided, however, that only such
as is reasonably necessary to the unsafe or dangerous condition as
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.
[Ord. No. 3945 §1, 2-12-2015]
A.
The Board shall establish from time to time an appropriate system
of processing fees for the review of nominations and certificates
of appropriateness.
B.
It shall be unlawful for any person to undertake or cause a project, as defined in Section 410.020, affecting any nominated or designated landmark or structure within a nominated or designated historic district as provided in this Chapter without a certificate of appropriateness. It shall be unlawful to violate any other provision of this Chapter. Any person convicted of violating the provisions of this Chapter shall be punished by a fine of not less than one hundred dollars ($100.00) and not more than two hundred fifty dollars ($250.00) for each and every day that such violation continues or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment, in the discretion of the court. For the second and subsequent offenses involving the same violation at the same building or premises, the punishment shall be a fine of not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) for each and every day that such violation shall continue or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment, in the discretion of the court. Any such person who, having been served with an order to remove any such violation, shall fail to comply with such order within ten (10) days after such service or shall continue to violate any provision of this Chapter shall also be subject to a civil penalty of two hundred fifty dollars ($250.00). Each day each violation shall continue to exist shall constitute a separate violation.
