[Zoning Order §6.020, 4-2-2008]
A. Composition Of Historic Preservation Commission. The Historic
Preservation Commission (HPC) shall consist of five (5) members, residents
of Jefferson County, all of whom shall be appointed by the County
Executive with consent of the County Council. All HPC members must
have a demonstrated interest, competence or knowledge in historic
preservation. To the extent available in the County, the HPC shall
include professional members representing such disciplines as architecture,
architectural history, prehistoric and historic archaeology, planning,
urban design, cultural geography, cultural anthropology, folklore,
curation, conservation, landscape architecture, law, real estate brokerage,
banking, history or other fields related to historic preservation.
If certain critical disciplines are not represented on the HPC, the
County may seek the advice of consultants and the State Historic Preservation
Office in reviewing a particular action.
B. Terms. The terms of office of the members of the HPC shall
be for three (3) years, excepting that the membership of the first
(1st) HPC appointed shall serve respectively for terms of three (3)
for two (2) years; and two (2) for three (3) years. Vacancies shall
be filled for the unexpired term only. Action to fill vacancies shall
be initiated within sixty (60) days. The HPC shall hold at least four
(4) meetings per year and any member of the HPC 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.
C. Officers. Officers shall consist of a Chairman and a Vice
Chairman elected by the HPC who shall each serve a term of one (1)
year and shall be eligible for re-election; but no member shall serve
as Chairman for more than two (2) consecutive years. The Chairman
shall preside over meetings.
In the absence of the Chairman, the Vice Chairman shall perform
the duties of the Chairman. If both are absent, those present shall
elect a temporary Chairman. The Planning Division shall provide a
recording secretary for the HPC.
D. Meetings. A quorum shall consist of a majority of the members
appointed. All decisions of the HPC 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 scheduled times to be established
by resolution of the HPC at the beginning of the calendar year or
at any time upon the call of the Chairman, but no less than once per
calendar quarter. Public notice of all meetings shall be posted in
conformance with standard County policy and Section 610.020, RSMo.
All meetings of the HPC shall be open to the public except as allowed
by State law. The HPC shall keep minutes of its proceedings, showing
the vote, indicating findings of fact and shall keep records of its
examinations and other official actions, all of which shall be public
record. All HPC rules of procedure, designation criteria, design guidelines
and forms shall be available to the public at the office of the Planning
Division.
E. Funding. The County Council may annually appropriate funds,
within the budget limitations, for the operation of the HPC. The HPC
may, with the consent of the County 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.
F. Compensation. The members shall serve without compensation
or as otherwise determined by the County Council.
G. Powers And Duties. The HPC shall have the following powers
and duties:
1. To adopt its own bylaws and procedures consistent with 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 County; and to maintain
the research information in an inventory accessible to the public
(except for archaeological site locations which shall be restricted);
3. To investigate and recommend to the County Council the adoption of
ordinances designating, for protection, properties or structures having
special cultural, historic, political or architectural value as "landmarks";
4. To investigate and recommend to the County Council the adoption of
ordinances designating, for protection, areas as having special cultural,
historic, prehistoric, archaeological, community or architectural
value as "historic districts";
5. To keep a register of all properties that 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 determinations, 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 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 landmarks to the Jefferson County 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 for
properties within the boundaries of Jefferson County;
9. To inform and educate the citizens of Jefferson County concerning
the heritage of the County through seminars, programs and literature;
10. To review applications for construction, alteration, removal or demolition
affecting proposed or designated landmarks or structures within historic
districts in accordance with the adopted procedures and policies of
this Article.
11. To administer on behalf of the County any property of historical
significance or full or partial interest in real property, including
easements, that the County may have or accept as a gift or otherwise,
upon approval by the County Council;
12. To recommend revisions to the preservation component of the Official
Master Plan to the Planning and Zoning Commission and to the County
Council;
13. To periodically review this UDO and to recommend to the Planning
and Zoning Commission and the County Council any amendments appropriate
for the protection and continued use of landmarks or property, sites
and structures within historic districts;
14. To undertake any other action or activity necessary or appropriate
to the implementation of its powers and duties or to implementation
of the purpose of this Article; and
15. To make recommendations to the County Council concerning budgetary
appropriations to further the general purposes of this Article.
[Zoning Order §6.030, 4-2-2008]
A. The
HPC shall undertake an ongoing survey in Jefferson County to identify
areas, sites, structures and objects that have historic, prehistoric,
cultural, archaeological, architectural or aesthetic importance, interest
or value and shall maintain an inventory of that information. Before
the HPC nominates any landmark or district for designation, it shall
develop a plan and schedule for conducting a comprehensive survey
of Jefferson County to identify significant resources. As part of
the survey, the HPC 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 HPC shall systematically
identify potential landmarks and historic districts and adopt procedures
to nominate them based upon the following criteria:
1. The potential landmarks and historic districts in one (1) identifiable
neighborhood or distinct geographical area of the Jefferson County;
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 resources with the potential to contribute
to the understanding of historic and prehistoric cultures;
5. Such other criteria as may be adopted by the HPC to assure systematic
survey and nomination of all potential landmarks and historic districts
within Jefferson County.
B. All
inventory material shall be in conformance with standards and guidelines
for cultural resource inventory as established by the State Historic
Preservation Office.
[Zoning Order §6.040, 4-2-2008]
A. General. Nominations shall be made to the HPC on a form
prepared by the HPC and may be submitted by a member of the HPC, owner
of record of the nominated property or the County Council. Nominations
shall be turned in to the Secretary of the HPC, who will within thirty
(30) days of receipt mail a notification of intent to nominate to
the owner of record of the nominated property. Forms and criteria
for nomination are available at the Planning Division.
B. Criteria For Consideration Of Nomination. The HPC shall,
upon such investigation as it deems necessary, make a determination
as to whether a nominated property meets one (1) or more of the following
criteria based on criteria for evaluation for the National Register
of Historic Places:
1. Its character, interest or value as part of the development, heritage
or cultural characteristics of the County, State or country;
2. Its location as a site of a significant County, State or national
event;
3. Its identification with a person or persons who significantly contributed
to the development of the County, State or country;
4. Its embodiment of elements of design, detailing, materials or craftsmanship
that render it architecturally significant or structurally significant;
5. Its unique location or singular physical characteristic that make
it an established or familiar visual feature of the community;
6. Its potential to yield information important to the history of the
area.
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Any structure, property or area that meets one (1) or more of
the above criteria shall also have authenticity of location, design,
materials and workmanship to make it worthy of preservation or restoration.
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C. Written Consent Of Property Owner. Except for nominations
initiated by the owner of the property, the nomination shall have
the written consent of the owner of the property nominated. No public
hearing or further processing of the application shall occur on such
nominations until the written consent of the property owners is received
and filed with the Planning Division. The consent of the property
owner may be withdrawn at any time prior to the effective date of
an ordinance designating the historic property as a registered landmark.
D. Public Hearing On Landmarks. Upon receipt of a completed
nomination of a landmark, the HPC shall schedule a public hearing
to solicit input and comment on the proposed nomination and guidelines
for determination of appropriateness.
E. Report And Recommendation Of HPC. The HPC shall within forty-five
(45) calendar days from receipt of a completed nomination in proper
form forward a recommendation to the County Council that the nominated
historic property or district be approved or disapproved for designation.
The recommendation shall be accompanied by a report to the County
Council containing the following information:
1. Explanation of the significance or lack of significance of the nominated
landmark as it relates to the criteria for designation;
2. Explanation of the integrity or lack of integrity of the nominated
landmark.
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In the case of a nominated landmark or historic district found
to meet the criteria for designation:
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1.
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The significant exterior architectural features of the nominated
landmark or historic district that should be protected;
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2.
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The types of construction, alteration, demolition and removal, other than those requiring a building or demolition permit, that should be reviewed for appropriateness pursuant to the provisions of Sections 400.2020 through 400.2050 of this Chapter;
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3.
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Proposals for design guidelines for HPC review of determination
of appropriateness for the nominated landmark;
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4.
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A map showing the location of the nominated landmark.
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The recommendations and report of the HPC shall be sent to the
County Council within seven (7) days following the vote on the resolution
and shall be available to the public at the Planning Division office.
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F. Notification Of Nomination. The County Council shall schedule
and hold a hearing on the nomination following receipt of a report
and recommendation from the HPC that a nominated landmark should be
approved or disapproved for designation. The meeting shall be scheduled,
held and conducted in the same manner as other meetings to consider
County Council 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.
G. Action By The County Council. Within sixty (60) calendar days following close of the public hearing, the County Council shall either reject the landmark nomination or designate the landmark by a formal ordinance. Such a determination shall be made upon a motion and vote of the County Council and shall be accompanied by a report stating the findings of the County Council concerning the relationship between the criteria for designation in Section
400.1990(B) of this Article and the nominated landmark or historic district. Notification of the action of the County Council shall be sent to the HPC, the Planning and Zoning Commission and the Director and thereupon included on the list of registered historic properties maintained by the HPC.
H. The Designation Ordinance. The designating ordinance shall
prescribe the significant features of the landmark; the types of construction,
alteration, demolition and removal that should be reviewed for appropriateness;
and the design guidelines for applying the criteria for review of
appropriateness. The designation ordinance may be included as part
of a historic zoning district or overlay or may contain approval for
economic or regulatory incentives or authorization for public infrastructure
construction as an incentive for the owners acceptance of the historic
property being designated as a registered historic property. After
approval by the County Council, the designation ordinance shall be
recorded with the office of the Recorder of Deeds.
I. Interim Control. From the date of the meeting of the HPC
at which a landmark or any property or structure within a nominated
historic district is presented to the HPC on a nomination form until
the final disposition of the nomination by the County Council, no
building permit shall be issued by the County for alteration, construction,
demolition or removal of the nominated landmark or of a property or
structure within a nominated historic district. This provision shall
also apply to such other permit requests as, in the opinion of the
Director, would detrimentally impact or alter a structure or site
that is of potential or known historic, architectural or archaeological
significance. The response required of the HPC shall be issued within
fourteen (14) days of the permit request being referred to the HPC
by the Director, except that the HPC may extend this period for up
to thirty (30) additional days. Upon receipt of the HPC response or
expiration of the established review time period, the Director's authority
to issue the permit shall resume. Notwithstanding this Article, the
County Council may order the issuance of any permit if the alteration,
removal or demolition is necessary for public health, welfare or safety
and should not be delayed.
J. Amendment And Rescission Of Designation. Designation may
be amended or rescinded upon petition to the HPC and compliance with
the same procedure and according to the same criteria set forth herein
for designation provided that the consent of the property owner shall
not be required for rescission initiated by the County Council or
HPC. Unless a property owner receives designation as a registered
historic property in conjunction with a historic zoning district or
in conjunction with an ordinance expressly granting economic or regulatory
incentives, the owner of the historic property shall be entitled to
remove the property from the list.