City of Florissant, MO Article XII Landmark and Historic District Commission

Section 405.425 Establishment and Qualifications.

[Ord. No. 7249 §1, 2-13-2006]

There is hereby established a commission to be known as the "Landmark and Historic District Commission" (LHDC) consisting of seven (7) members, all of whom shall be citizens of Florissant and shall be appointed by the City Council. Every reasonable effort shall be made to appoint persons within the Old Town area and designated Historic Districts with a demonstrated interest in history and preservation. To the extent available, it shall include professional members whose background or education demonstrates an interest in art and architecture, history or other fields related to historic preservation.

Section 405.430 Terms.

[Ord. No. 7249 §1, 2-13-2006]

The terms of office shall be for three (3) years excepting that the membership of the first (1st) LHDC shall serve respectively for terms of three (3) for three (3) years, two (2) for two (2) years and two (2) for one (1) year. Vacancies shall be filled for unexpired terms within forty-five (45) days. Any member who fails to attend at least fifty percent (50%) of all meetings, regular or special, in any calendar year shall be deemed to have resigned such membership upon an affirmative vote of the majority of the City Council.

Section 405.435 Officers.

[Ord. No. 7249 §1, 2-13-2006]

A. Officers shall consist of a Chairperson and a Vice Chairperson elected by members. Officers shall serve a term of two (2) years and shall be eligible for re-election; but no member shall serve as Chairperson for more than three (3) consecutive terms after the adoption of this Chapter. The Chairperson shall preside over meetings. In the absence of the Chairperson, the Vice Chairperson shall perform the duties of the Chairperson. If both are absent, a temporary Chair shall be elected by those present. The recording secretary shall be appointed by the Building Commissioner and shall not be a voting member of the LHDC and shall have the following duties:

1. Take minutes of each LHDC meeting;

2. Be responsible for publication and distribution of copies of the minutes, reports and decisions to the members of the LHDC;

3. Give notice as provided herein by law for all public hearings conducted by the LHDC;

4. Advise the Council of vacancies on the LHDC and expiring terms of members;

5. Prepare to submit to the Council a complete record of the proceedings before the LHDC on any matter requiring Council consideration or that may be requested by the Council.

Section 405.440 Meetings.

[Ord. No. 7249 §1, 2-13-2006]

A quorum shall consist of four (4) members. All decisions or actions of the LHDC 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 the LHDC at the beginning of each calendar year or at any time upon the call of the Chairperson but no less than four (4) times each year. No member of the LHDC 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 LHDC 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 public meeting of the LHDC as provided herein. All meetings shall be conducted in accordance with applicable ordinances and laws of the State of Missouri.

Section 405.445 Powers and Duties.

[Ord. No. 7249 §1, 2-13-2006]

A. The LHDC shall have the following powers and duties:

1. To adopt its own procedural regulations, provided that such regulations are consistent with the Florissant Code of Ordinances and the Revised Statutes of the State of Missouri, copies of which shall be on file in the office of the Building Commissioner and in the office of the City Clerk and accessible to the public;

2. To conduct surveys for the identification of historically, archaeological 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, areas or structures having special cultural, historic, archaeological, community or architectural value as Landmarks and Historic Districts;

4. To establish and maintain a Florissant Landmarks Register of all properties and structures which have been designated as Landmarks and Historic Districts, including all information required for each designation;

5. To confer recognition upon the owners of designated Landmarks property, structures or Historic District Contributing Resources 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;

6. To advise and assist owners of Landmarks, owners of a Historic District Contributing Resources and property, 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;

7. To nominate Landmarks and Historic Districts to the Florissant 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;

8. To inform and educate the citizens 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 or other appropriate parties;

9. To make recommendations to the Planning and Zoning Commission concerning any application for the subdivision of any property, any permit for erection of any new building or structure or alteration of or addition to any building structure or site affecting designated Landmarks or Historic District Contributing Resources;

10. To review applications for construction, alteration, off-site relocation or demolition and issue Certificates of Appropriateness for such actions. Applicants may be required to submit plans, drawings, elevations, specifications and other information;

11. To request the Building Commissioner to issue stop work orders for any construction, alteration, off-site relocation or demolition undertaken without a Certificate of Appropriateness or to stop work that violates the conditions of a certificate;

12. To consider applications for Certificates of Economic Hardship that would allow the performance of work for which a Certificate of Appropriateness has been denied;

13. To develop and maintain specific design guidelines based on historic preservation resources including, but not limited to, the Old Town Development Plan and Guidelines and development plan guidelines for each Historic District and the Secretary of the Interior's Standards for Treatment of Historic Properties for the alteration, construction or off-site relocation of designated Landmarks, Historic Districts and Historic District Contributing Resources. Said guidelines may be amended, modified or revised based upon recommendations from the Planning and Zoning Commission following a report of any such change by the LHDC. Following reasonable notice, a public hearing shall then be held before the City Council on said proposed amendment, modification or revisions and the City Council shall determine whether to amend, modify or revise the guidelines pursuant to an ordinance and the guidelines, including color charts and review standards, shall be available to the public in the office of the Building Commissioner and in the office of the City Clerk. Copies or pertinent sections of the guidelines and review standards shall be printed for distribution to residents and businesses whenever an application for a permit is received and to developers, contractors, purchasers as soon as the City has knowledge of the proposed development or construction;

14. To make recommendations on any matter referred to it by the City Council or the Planning and Zoning Commission;

15. To review proposed zoning amendments, applications for Special Use Permits or applications for zoning variances that affect proposed or designated Landmarks or Historic District Contributing Resources;

16. To grant variances for signs as authorized by the Florissant Code of Ordinances;

17. To grant approval of fences at designated Landmarks as authorized by the Zoning Code;

18. When requested by the Mayor or City Council, assist in the administration on behalf of the City of Florissant any property of historical significance or full or partial interest in real property, including easements, that the City of Florissant may have or accept as a gift or otherwise;

19. When requested by the Mayor or City Council, accept and administer on behalf of the City of Florissant such gifts, grants and money as may be appropriate for the purposes of this Article. Such money may be expended for publishing maps and brochures or for hiring staff persons or consultants or performing other functions for the purpose of carrying out the duties and powers of the LHDC and the purposes of this Article;

20. To call upon available City staff members for technical advice;

21. To retain such specialists or consultants within budgetary limits and with the approval of the Mayor or to appoint such citizen advisory committees as may be required from time to time;

22. To speak before all boards and commissions, including the Planning and Zoning Commission and the Florissant City Council, on any matter affecting historically, archaeologically, culturally and architecturally significant property, structures, sites and areas;

23. To make recommendations to the City Council concerning budgetary appropriations to further the general purposes of this Article; or signs as authorized in Chapter 405 of the Florissant Code of Ordinances;

24. To make recommendations to the Planning and Zoning Commission and to the City Council on preservation components of the Comprehensive Plan of the City of Florissant;

25. To periodically review the Florissant Zoning Ordinance and to recommend to the Planning and Zoning Commission and to the City Council any amendments appropriate for the protection and continued use of Landmarks or property, sites and structures within Historic Districts; and

26. To undertake any other action or activity necessary or appropriate to the implementation of its powers and duties or implementation of the purpose of this Article.

Section 405.450 Grants.

[Ord. No. 7249 §1, 2-13-2006]

The LHDC 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 Article.

Section 405.455 Surveys and Research.

[Ord. No. 7249 §1, 2-13-2006]

A. The LHDC may undertake an ongoing survey and research effort in the City of Florissant to identify neighborhoods, areas, sites, structures and objects that have historic, cultural, archaeological, architectural or aesthetic importance, interest or value. Before the LHDC shall on its own initiative nominate any Landmark or Historic District for designation, it shall develop a plan and schedule for conducting a survey of the City of Florissant to identify significant resources. As part of the survey, the LHDC may review and evaluate any prior surveys and studies by any unit of government or private organization and compile appropriate descriptions, facts and photographs. The LHDC shall identify potential Landmarks, Historic District Contributing Resources and Historic Districts and adopt procedures to nominate them based upon the following criteria:

1. The potential Landmarks, Historic District Contributing Resources and Historic Districts in one (1) identifiable neighborhood or distinct geographic area of the City of Florissant;

2. The potential Landmarks, Historic District Contributing Resources and Historic Districts associated with a particular person, event or historical period;

3. The potential Landmarks, Historic District Contributing Resources and Historic Districts of a particular architectural style or school or of a particular architect, engineer, builder, designer or craftsman;

4. The potential Landmarks, Historic District Contributing Resources 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 LHDC to assure systematic survey and nomination of all potential Landmarks, Historic District Contributing Resources and Historic Districts within the City of Florissant.

Section 405.460 Nomination and Designation Procedures.

[Ord. No. 7249 §1, 2-13-2006]

A. Application For Nomination. Nominations shall be made to the LHDC on an application form prepared by LHDC. The application for nomination and the criteria for nomination will be available at the office of the City Clerk. An application for nomination may be submitted by a member of the LHDC, the owners of record of the nominated property or structure or a member of the City Council.

B. Notice Of Nomination. In the event that the application for nomination is submitted by a member of the LHDC or the City Council, notice of the proposed nomination, accompanied by a copy of the Landmarks regulations, shall be hand-delivered or sent by certified mail with a return receipt to the owners of record, as listed in the records of the St. Louis County Recorder of Deeds, of property proposed for a Landmark or Historic District designation, describing the property nominated and announcing, at least twenty-one (21) days in advance of the public hearing before the LHDC, to consider said nomination. The notice shall also be posted on the bulletin board at City Hall.

C. Consent Of Property Owner(s) To Nomination For Landmark Or Historic District Contributing Resource. In the event that all of the owner(s) of record do not submit the application for nomination or otherwise provide written consent of the nomination for designation as a Landmark or Historic District Contributing Resource, then the nomination shall be denied unless it receives a favorable vote of five-sevenths (5/7) of all the members of the LHDC and a favorable vote of eight (8) members of the City Council.

D. Consent Of Property Owners To Nomination For Historic District. In the event sixty percent (60%) of the property owners within a Historic District do not submit the application for nomination or otherwise provide written consent to the nomination for a Historic District, then the nomination shall be denied unless it receives a favorable vote of five-sevenths (5/7) of all members of the LHDC and a favorable vote of eight (8) members of the City Council.

E. Interim Control. No Building Permit or Demolition Permit shall be issued by the Building Commissioner for any nominated landmark, nominated Historic District contributing resource or any property or structure within a nominated Historic District from the date of the meeting of the LHDC at which a nomination is first presented until the final disposition of the nomination by the City Council, unless the alteration is authorized by the Landmark and Historic District Commission, but in no event shall the delay be more than one hundred eighty (180) days.

F. Criteria For Consideration Of Nomination. The LHDC shall, upon such investigation as it deems necessary, make a determination as to whether a nominated property, structure or area 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, including, but not limited to, sufficient integrity of location, design, materials and workmanship, to make it worthy of preservation or restoration;

13. Its potential to yield information important to history and prehistory; and

14. With respect to a Historic District, the LHDC shall consider the following in addition to the criteria set forth above:

a. The proposed District is a definable area possessing a significant concentration, linkage or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical development or a non-contiguous grouping of thematically related properties which contribute to each other, and

b. The proposed District is of importance to the history of the City, State or nation for historical, architectural, archaeological, engineering or cultural values.

15. With respect to property which does not contain a building, structure or any gravesite, the LHDC and City Council must find that such property has considerable historical significance, such as a historical battle site, historic landing place or historic meeting place, so as to justify its maintenance as an undeveloped parcel of property.

G. Notice And Public Hearing On Landmarks, Historic District Contributing Resources And Historic Districts. In addition to the application of nomination, notice of the time and place of the public hearing on the proposed nomination shall be sent by certified mail with return receipt to the owner(s) of record. The LHDC shall also cause notice of the time and place of its public hearing to be published in a newspaper having a general circulation within the City at least fifteen (15) days prior to the date of the hearing. Following such notice, the LHDC shall conduct the public hearing on each nomination of a Landmark, Historic District Contributing Resource or a Historic District to solicit input and comment on the proposed nomination and guidelines for Certificate of Appropriateness.

H. Report And Recommendation. The LHDC shall make a recommendation to the City Council concerning whether the nominated Landmark, Historic District Contributing Resource or a Historic District meets the criteria for designation within sixty (60) days from receipt of a completed nomination, in proper form, unless otherwise extended by the LHDC and the owner(s) of the nominated Landmark property or sixty percent (60%) of the property owners within the designated Historic District. The recommendation shall be accompanied by a report containing the following information:

1. Explanation of the significance or lack of significance of the nominated Landmark, Historic District Contributing Resource or a Historic District as it relates to the criteria for designation;

2. Explanation of the integrity or lack of integrity of the nominated Landmark, Historic District Contributing Resource or a Historic District;

3. Proposed design guidelines for applying the criteria for review of Certificates of Appropriateness to the nominated Landmark, Historic District Contributing Resource or a Historic District;

4. A map showing the location of the nominated Landmark or the boundaries of the nominated Historic District and all Landmarks and Historic District Contributing Resources;

5. In the case of a nominated Landmark or Historic District Contributing Resource found to meet the criteria for designation:

a. The significant exterior architectural features of the nominated Landmark or nominated Historic District Contributing Resource that should be protected;

b. The alterations and demolitions that should be reviewed for a Certificate of Appropriateness;

c. Archaeological significance and recommendations for interpretation and protection.

6. 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 Landmarks and Historic District Contributing Resources that should be protected;

b. The types of alterations and demolitions that should be reviewed for a Certificate of Appropriateness;

c. The type and significance of historic and prehistoric archaeological sites within the nominated Historic District;

d. Proposals for design guidelines;

e. The relationship of the nominated Historic District to the ongoing effort of the LHDC.

7. The recommendation and report of the LHDC shall be sent to the City Council within seven (7) days following its vote and shall be available to the public in the office of the City Clerk.

I. Notification Of Determination. Notice of the determination of the LHDC, including a copy of the report, shall be sent by regular mail to the nominator, the owner(s) of record of a nominated Landmark or Historic District Contributing Resource and to all property owners within a nominated Historic District within seven (7) days following a recommendation.

J. Action By City Council. Upon receipt of the recommendation from the LHDC, the City Council shall schedule a public hearing on the nomination. Notice of the time and place of the public hearing shall be sent to the owner(s) of record and shall be published in a newspaper having a general circulation within the City at least fifteen (15) days prior to the date of the hearing. The City Council shall make its determination based upon the criteria considered by the LHDC as set forth herein and following the public hearing, the City Council shall act upon such matter by expressing its approval or disapproval of the nomination with or without modification to the LHDC's recommendation. Approval shall be by way of an ordinance and such ordinance shall explain the reasons for the action of the City Council. Disapproval may be by way of motion or failure of an ordinance of approval.

K. Designation Of Declaration. Within seven (7) days of the City Council action, the City Clerk shall provide written notification of such action by regular mail to the nominator and the owner(s) of record of the nominated Landmark, Historic District Contributing Resource or all properties within a nominated Historic District. If the City Council approves the nomination, the notice shall include a copy of the designation ordinance and the requirements which result from such designation. A copy of the notification ordinance shall also be sent to the LHDC, the Planning and Zoning Commission, the Public Works Department and these documents shall be recorded at the St. Louis County Recorder of Deeds office.

L. The Designation Ordinance. Upon designation, the Landmark and Historic Districts shall be classified as an "H" Historic District and the designation ordinance shall prescribe the significant exterior architectural features, the types of alteration, demolition and off-site relocation, other than those requiring a building or demolition permit, that must be reviewed for appropriateness; the development plan and guidelines for the Historic District; the design guidelines for applying the criteria for review of appropriateness; permitted uses, special uses, height and area regulations, minimum dwelling size, floor area, lot size, sign regulation and parking regulations. The official Zoning District Map of the City of Florissant shall be amended to show the location of the "H" Historic Districts.

Section 405.463 Redesignation of Existing Landmarks and Historic Districts.

[Ord. No. 7249 §1, 2-13-2006]

A. By January 22, 2006, all structures and properties designated as a Landmark shall retain such Landmark status and will be considered for redesignation under the appropriate procedures and criteria set forth herein without the need for the filing of an application for nomination. Such designated Landmarks shall continue to be subject to the provisions of the previous ordinance which will be applied by the LHDC until redesignation or the expiration of five (5) years, whichever occurs first. However, if any structure or property is not redesignated as a landmark by January 22, 2006, the designation as a landmark shall be deemed to be rescinded and notice of such rescission shall be recorded with St. Louis County Recorder of Deeds and filed with the Building Commissioner.

B. In accordance with the provisions set forth herein, application of nomination for redesignation of a landmark shall be hand-delivered or sent by certified mail with a return receipt to the owner(s) of record. If the owner(s) of record provide written consent to the redesignation as a landmark, then the LHDC and the City Council shall consider the redesignation in accordance with the procedures set forth herein for "Nomination and Designation" except that there shall be no public hearings on the redesignation. In the event that the owner(s) of record fail to provide written consent of the redesignation as a Landmark, then the redesignation shall proceed in accordance with the procedures set forth herein for "Nomination and Designation" and shall be denied unless it receives a favorable vote of five-sevenths (5/7) of all of the members of the Commission and a favorable vote of eight (8) members of the City Council.

C. By January 22, 2006, all structures and properties designated as being within a "H" Historic District shall retain such zoning classification and designation and shall be subject to the terms and provisions set forth herein.

D. Amendment Or Rescission Of Designation.

1. The City Council may by ordinance amend or rescind the designation of any Landmark or Historic District or reclassify a Historic District Contributing Resource as a non-contributing resource, upon a finding by a simple majority of the LHDC and the City Council that the Landmark or a Historic District or Historic District Contributing Resource in question no longer meets the criteria used for its designation. The procedure for rescission of a designation shall be the same as the procedure for nomination and designation, provided however, that in reclassifying a Historic District Contributing Resource, notice shall be given to properties within the Historic District.

2. Within seven (7) days after approval of an ordinance amending or rescinding the designation of any Landmark, Historic District or Historic District Contributing Resource, the City shall send to the property owner(s), as listed in the Recorder of Deeds records of St. Louis County, of each property affected by such amendment or rescission or each property within the designated area, a copy of the ordinance amending or rescinding the designation. These documents shall also be recorded at the St. Louis County Recorder of Deeds office and sent to the LHDC, Planning and Zoning Commission and Building Department.

E. Applications For Certificates Of Appropriateness.

1. A Certificate of Appropriateness shall be required before the following actions affecting the exterior architectural appearance of any Landmark or any Historic District Contributing Resource may be undertaken:

a. Any construction, alteration or off-site relocation requiring a Building Permit;

b. Any demolition in whole or in part requiring a Demolition Permit;

c. Any alteration to a designated Landmark or a Historic District Contributing Resource as set forth in the ordinance designating the Landmark or a Historic District;

d. Any off-site relocation of a Landmark or Historic District Contributing Resource;

e. Any new construction of a principal building or accessory building on property of a designated Landmark or Historic District Contributing Resource;

f. Any construction, alteration or removal involving earth-disturbing activities that affect designated archaeological resources.

2. Applications for a Certificate of Appropriateness shall include proposed plans and specifications in sufficient detail for the LHDC to have full knowledge of the requested action, including how the proposed actions will affect the appearance, materials and architectural design of the Landmark or the buildings, structure or land of a Historic District Contributing Resource and the contemplated use of the building or land.

3. Applications for a Building Permit shall be forwarded by the Building Commissioner to the LHDC within seven (7) days following receipt of the application and a Building Permit shall not be issued until a Certificate of Appropriateness has been issued by the LHDC. Any applicant may request a meeting with the LHDC before the application is reviewed by the LHDC or during the review of the application.

F. General Standards For Review For Certificate Of Appropriateness. In considering an application for a Certificate of Appropriateness, the LHDC shall be guided in principle by the development plan and guidelines for the Historic District, the Secretary of Interior's standards and any design criteria or guidelines in the ordinance designating the Landmarks, Historic District Contributing Resources or a Historic District and the following general standards:

1. A property shall be used for its historic purpose or be used for a purpose 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 should be avoided;

3. All sites, structures and objects shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create a false sense of history or architecture should be avoided;

4. Alterations or additions that have acquired historic significance in their own right should be retained and preserved;

5. Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a historic property should be preserved;

6. Deteriorated architectural features shall be repaired rather than replaced wherever feasible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other structures or objects;

7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials should be avoided. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible;

8. Contemporary design for alterations and additions to existing properties should not be discouraged when such alterations and additions do not destroy significant cultural, historical, architectural or archaeological material and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment;

9. Additions or alterations to structures and objects should be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. The new work shall be differentiated from the old and shall be compatible in massing, size, scale and architectural features to protect the historic integrity of the property and its environment;

10. Except to the extent otherwise permitted by the Secretary of the Interior's standards, certain building materials are prohibited on Landmark structures, including the following:

a. Vinyl or aluminum siding. Masonite is accepted as long as it is not applied directly to the original or historic material.

b. Any other imitation siding material designed to look like wood siding but fabricated from an imitation material or materials.

11. The construction, alteration, repair or maintenance of all signs within the "H" Historic District shall be governed by the Florissant Code of Ordinances pertaining to signage;

12. Additional design standards adopted by the LHDC, Planning and Zoning Commission and City Council.

G. Standards For Certificate Of Appropriateness Involving New Construction. In considering an application for a Certificate of Appropriateness involving new construction, it shall be determined whether the project substantially complies with all of the following standards that pertain to the application, is visually compatible with surrounding structures and streetscape as illustrated in an design standards adopted by the LHDC and the City Council and is in the best interest of the City.

1. Scale and form.

a. Height and width. The proposed height and width shall be visually compatible with surrounding structures and streetscape;

b. Proportion of principal facades. The relationship of the width to the height of the principal elevations shall be in scale with surrounding structures and streetscape;

c. Roof shape. The roof shape of a structure shall be visually compatible with the surrounding structures and streetscape; and

d. Scale of a structure. The size and mass of the structures shall be visually compatible with the size and mass of surrounding structure and streetscape.

2. Composition of principal facades.

a. Proportion of openings. The relationship of the width to the height of windows and doors of the structure shall be visually compatible with surrounding structures and streetscape;

b. Rhythm of solids to voids in facades. The relationship of solids to voids in the facade of the structure shall be visually compatible with surrounding structures and streetscape;

c. Rhythm of entrance porch and other projections. The relationship of entrances and other projections to sidewalks shall be visually compatible with surrounding structures and streetscape; and

d. Relationship of materials. The relationship of the color and texture of materials of the facade shall be visually compatible with the predominant materials used in surrounding structures and streetscape.

3. Relationship to street.

a. Walls of continuity. Facades and site structures, such as walls, fences and landscape masses, shall, when it is characteristic of the area, form continuity along a street to ensure visual compatibility with the structures, public ways and places to which such elements are visually related;

b. Rhythm of spacing and structures on streets. The relationship of a structure or object to the open space between it and adjoining structures or objects shall be visually compatible with the structures, objects, public ways and places to which it is visually related;

c. Directional expression of principal elevation. A structure shall be visually compatible with the structures, public ways and places to which it is visually related in its orientation toward the street; and

d. Streetscape-pedestrian improvements. Streetscape and pedestrian improvements and any change in its appearance shall be compatible to the historic character of the landmark site or "H" Historic District.

4. Subdivision of lots. The Building Commissioner shall review plans and plats proposed for property within the Historic Districts and may require changes to ensure the proposed subdivision will be compatible with the historic character of the District and/or site(s).

H. Standards For Certificate Of Appropriateness For Off-Site Relocation Of Landmark Or Historic District Contributing Structure. In considering an application for a Certificate of Appropriateness for off-site relocation of a Landmark or Historic District Contributing Resource, the LHDC shall find that the project substantially complies with the following standards:

1. The proposed off-site relocation will abate demolition of the structure;

2. The proposed off-site relocation will not diminish the overall physical integrity of an "H" Historic District or diminish the historical associations used to define the boundaries of the district;

3. The proposed off-site relocation will not diminish the historical or architectural significance of the structure;

4. A professional building mover will move the building and protect it while being stored; and

5. A financial guarantee to ensure the rehabilitation of the structure once the off-site relocation has occurred is provided to the City. The financial guarantee shall be in a form approved by the City Attorney in an amount determined by the Building Commissioner sufficient to cover the estimated cost to rehabilitate the structure as approved by the Landmark and Historic District Commission and restore the grade and landscape the property from which the structure was removed in the event the land is to be left vacant once the off-site relocation of the structure occurs.

I. Standards For Certificate Of Appropriateness For Demolition Of Landmark Or Historic District Contributing Resource.

1. In considering an application for a Certificate of Appropriateness for demolition of a Landmark or Historic District Contributing Resource, the LHDC shall only approve the application upon finding that the project fully complies with one (1) of the following standards:

a. The demolition is appropriate to alleviate a threat to public health and safety;

b. The physical integrity of the site is no longer evident;

c. The streetscape within the context of an "H" Historic District would not be negatively affected;

d. The site has not suffered from willful neglect as evidenced by the following:

(1) Willful or negligent acts by the owner that deteriorates the structure;

(2) Failure to perform normal maintenance and repairs;

(3) Failure to diligently solicit and retain tenants; and

(4) Failure to secure and board the structure if vacant.

e. 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, including, but not limited to, information about whether the maintenance, use and/or alteration of the property would cause immediate and substantial harm of the property owner(s) because rehabilitation in a manner which reserves the historic integrity of the property is not feasible from a technical, mechanical or a structural standpoint and/or would leave the property with no reasonable economic value because it would require an unreasonable expenditure of money, taking into account such factors as current market value, permitted uses of the property and the cost of compliance with applicable local, State and Federal codes;

f. Whether the demolition of the nominated or designated Landmark or Historic District Contributing Structure will be detrimental to the historic and architectural character of the neighborhood or District after balancing the interest of the City in preserving the integrity of the neighborhood or the "H" Historic District and the interest of the property owner(s) in the use or benefit of the property. In making its determination, the LHDC shall consider whether the property can be put to a reasonable and beneficial use and shall consider any economic hardship, as determined pursuant to the provisions herein, suffered by the property owner(s) if demolition is denied;

g. The comments of any civic groups, public agencies and interested citizens concerning any recommendations for the acquisition of property by public or private bodies or agencies and exploration of the possibility of moving one (1) or more structures or other features;

h. The denial of a Certificate of Appropriateness for demolition would cause an economic hardship as defined and determined pursuant to the provisions herein.

2. The LHDC may defer the decision on a Certificate of Appropriateness for demolition for up to one (1) year from the date of application for a Demolition Permit. The applicant must undertake bona fide efforts to preserve the structure. In determining whether a bona fide effort has been made, the LHDC shall consider the following actions or lack thereof:

a. Marketing the property for sale or lease;

b. Filing an application for alternative funding sources for preservation, such as Federal or State preservation tax credits, etc.; and

c. Filing an application for alternative uses if available or feasible, such as conditional uses, etc.

3. Upon the completion of the one (1) year period and if the applicant provides evidence of a bona fide preservation effort, LHDC shall make a final decision for the Certificate of Appropriateness for demolition. The LHDC shall approve the Certificate of Appropriateness for demolition, approve with modifications or deny the Certificate of Appropriateness for the reuse plan for new construction pursuant to the provisions herein.

4. Upon approval of a Certificate of Appropriateness for demolition of a Landmark or Historic District Contributing Resource, the LHDC shall require the applicant to provide archival quality photographs, plans or elevation drawings, as available, necessary to record the structure being demolished.

5. Prior to approval of any Certificate of Appropriateness for demolition, the LHDC shall review the post-demolition plans. If the post-demolition plan is to landscape the site, a bond may be required to ensure the completion of the landscape plan approved by the LHDC.

a. The bond shall be issued in a form approved by the City Attorney. The bond shall be in an amount determined by the Building Commissioner and shall be sufficient to cover the estimated costs to (1) restore the grade, (2) install an automatic sprinkling system, and (3) to revegetate and landscape as per the approved plan.

b. The bond shall require installation of landscaping and sprinklers within six (6) months, unless the owner has obtained a Building Permit and commenced construction of a building or structure on the site.

J. Determinations By The Landmark And Historic District Commission.

1. The LHDC shall consider the completed application at its next regular meeting following receipt of the completed application and, except for a Certificate of Appropriateness for demolition, the LHDC shall makes its determination within ninety (90) days from the date that it first considers the completed application, unless otherwise extended by the LHDC and the applicant. The LHDC may delay for up to one (1) year a decision to approve or deny a Certificate of Appropriateness for demolition in order to encourage and facilitate the sale of the property. The LHDC may call special meetings to review applications for a Certificate of Appropriateness when delay to the next regular meeting would create an unnecessary inconvenience to the applicant.

2. The LHDC may approve, deny or approve in amended form the proposed plans subject to the acceptance of the amendment by the applicant. If an applicant chooses not to accept a proposed amendment, the application is considered denied. The LHDC shall state, in writing, its reasons for the approval, approval in amended form or denial of the applicant's proposed plans. Within three (3) working days following the determination, the Building Commissioner shall provide written notice of the approval or denial of the application for a Certificate of Appropriateness to the applicant.

3. A Certificate of Appropriateness shall become void unless construction is commenced within six (6) months of date of issuance or otherwise extended by the LHDC. Certificates of Appropriateness shall be issued for a period of eighteen (18) months and are renewable by the LHDC. All work performed pursuant to the issuance of a Certificate of Appropriateness shall conform to the requirements of such certificate. It shall be the duty of the Building Commissioner to inspect from time to time any work performed pursuant to such certificate to assure such compliance. In the event work is performed without the issuance of a certificate or not in accordance with such certificate, the Building Commissioner shall issue a stop work order and all work shall cease.

K. Stop Work Order. Whenever the Building Commissioner or the LHDC 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 Building Permit has occurred, the Building Commissioner shall make every reasonable effort to contact the owners, occupants, contractor or subcontractor and inform them of proper procedures. If the Building Commissioner determines that a stop work order is necessary to halt an action, the Building Commissioner or his/her designee shall issue a stop work order and deliver it or send it by certified mail return receipt requested to the owners, occupants, contractors and subcontractors and notify them of the process of applying for a Certificate of Appropriateness. A copy of the proper application form shall be included in the notice. If necessary, a second (2nd) or subsequent stop work order may be issued for the same project.

L. Review Of Public Improvement Projects. Public improvement projects by the City of Florissant or any of its departments or agencies shall be reviewed by the LHDC in the following manner:

1. The LHDC shall review and comment upon any public improvement project proposed by the City or any of its agencies or departments within any "H" 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 "H" Historic District. The Department of Public Works shall send a preliminary design for a public improvement project to the LHDC. The LHDC shall have at least thirty (30) days to complete its review and report to the City Council, except when the Department of Public Works, if necessary to accelerate the design review process, may specify a time less than thirty (30) days within which the LHDC shall complete its review and report to the Council.

2. The LHDC shall review the public improvement project to determine its effect upon the historic, archaeological or architectural character of Landmarks or Historic District and report to the City Council within forty-five (45) days. The report by the LHDC shall include any recommendations for changes to the preliminary design that will lessen or alleviate any adverse effect of the proposed project upon the historic, archaeological or architectural character of the landmark or the Historic District.

M. Definition And Determination Of Economic Hardship. The determination of economic hardship shall require the applicant to provide evidence sufficient to demonstrate that the application of the standards and regulations set forth herein deprives the applicant of reasonable economic use or return on the subject property.

1. Application for determination of economic hardship. The determination of economic hardship shall be made in a form prepared by the Building Commissioner and shall be submitted to the Building Department. The application must include photographs, information pertaining to the historic significance of the landmark site and all information necessary to make finding on the standards for determination of economic hardship.

2. Standards for determination of economic hardship. The LHDC shall apply the following standards and make findings concerning economic hardship:

a. The applicant's knowledge of the landmark designation at the time of acquisition or whether the property was designated subsequent to acquisitions or whether he/she accepted the landmark designation if made during period of his/her ownership.

b. The current level of economic return on the property as considered in relation to the following:

(1) The amount paid for the property, the date of purchase and 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;

(2) The annual gross and net income, if any, from the property for the previous three (3) years; itemized operating and maintenance expenses for the previous three (3) years; and depreciation deduction and annual cash flow before and after debt service, if any, for the previous three (3) years;

(3) Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, during the previous three (3) years;

(4) Real estate taxes for the previous four (4) years and assessed value of the property according to the two (2) most recent assessed valuations of the St. Louis County Assessor;

(5) All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing or ownership of the property;

(6) The fair market value of the property immediately prior to its designation as a landmark site and the fair market value of the property as a landmark site at the time the application is filed;

(7) Form of ownership or operation of the property, i.e., sole proprietorship, for-profit corporation or not-for-profit corporation, limited partnership, joint venture, etc.; and

(8) Any State or Federal income tax returns on or relating to the property for the previous two (2) years.

c. The marketability of the property for sale or lease, considered in relation to any listing of the property for sale or lease and price asked and offers received, if any, within the previous two (2) years. This determination can include testimony and relevant documents regarding:

(1) Any real estate broker or firm engaged to sell or lease the property,

(2) Reasonableness of the price or rent sought by the applicant, and

(3) Any advertisements placed for the sale or rent of the property.

d. The unfeasibility of alternative uses that can earn a reasonable economic return for the property as considered in relation to the following:

(1) A report from a registered professional engineer or architect with experience in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation,

(2) Estimate of the cost of the proposed construction, alteration, demolition or off-site relocation and an estimate of any additional cost that would be incurred to comply with the decision of the Commission concerning the appropriateness of proposed alterations,

(3) Estimated market value of the property in the current condition after completion of the demolition and proposed new construction; and after renovation of the existing property for continued use, and

(4) The testimony of an architect, developer, real estate consultant, appraiser or other professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property.

e. Economic incentives and/or funding available to the applicant through Federal, State, City or private programs.

3. Procedure for determination of economic hardship. The LHDC shall establish a three (3) person economic review panel. This panel shall be comprised of three (3) real estate and redevelopment experts knowledgeable in real estate economics in general and, more specifically, in the economics of renovation, redevelopment and other aspects of rehabilitation. The panel shall consist of one (1) person selected by the LHDC, one (1) person selected by the applicant and one (1) person selected by the first (1st) two (2) appointees. If the first (1st) two (2) appointees cannot agree on a person within thirty (30) days of the initial public hearing, the third (3rd) appointee shall be selected by the Mayor within five (5) days after the expiration of the thirty (30) day period.

a. Review of evidence. All of the evidence and documentation presented to the LHDC shall be made available to and reviewed by the economic review panel. The economic review panel shall convene a meeting complying with the Open Meetings Act to review the evidence of economic hardship in relation to the standards set forth herein. The economic review panel may, at its discretion, convene a hearing to receive testimony by an interested party.

b. Report of economic review panel. Within forty-five (45) days after the economic review panel is established, the panel shall complete an evaluation of economic hardship applying the standards set forth.

c. Determination of economic hardship. At the next regular meeting following receipt of the report of the economic review panel, the LHDC shall reconvene its public hearing to take final action on the application.

(1) Finding of economic hardship. If, after reviewing all of the evidence, the LHDC finds that the application of the standards set forth herein results in economic hardship, then it shall issue a Certificate of Appropriateness for demolition.

(2) Denial of economic hardship. If the LHDC finds that the application of the standards set forth in this Section does not result in economic hardship, then the Certificate of Appropriateness for demolition shall be denied.

(3) Consistency with the economic review panel report. The decision of the LHDC shall be consistent with the conclusions reached by the economic review panel unless, based on all of the evidence and documentation presented to the LHDC, the LHDC, by a vote of three-fourths (¾) of the majority of a quorum, present a finding that the economic review panel acted in an arbitrary manner or that its report was based on an erroneous finding of a material fact.

N. Maintenance Of Historic Properties.

1. Ordinary maintenance exclusion. Nothing in this Section shall be construed to prevent the ordinary maintenance or repair of any exterior elements of any building or structure.

2. 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.

3. Minimum maintenance requirement. All buildings and structures designated by City ordinance as Landmarks or Historic District Contributing Resources shall be preserved against decay and deterioration and free from certain structural defects in the following manner by the owner thereof, or such other person or persons who may have the legal custody and control thereof shall repair such building if it is found to have any of the following defects:

a. The deterioration of exterior walls or other vertical supports;

b. The deterioration of roofs or other horizontal members;

c. The deterioration of external chimneys;

d. The deterioration or crumbling of exterior plasters or mortar;

e. The peeling of paint, rotting, holes and other forms of decay;

f. Broken windows;

g. The lack of maintenance of surrounding environment, e.g., fences, gates, sidewalks, steps, signs, accessory structures and landscaping;

h. The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition or conditions.

4. Failure to maintain. If minimum maintenance is not being maintained, the owner of the property or other person having legal custody thereof shall be notified by the Building Commissioner. The notice shall be by certified mail and shall specify each item in the property 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 Building Commissioner or LHDC, 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 Building Commissioner or LHDC, the owner or person having legal custody of the property shall 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 shall be subject to the penalties prescribed in the Florissant Code of Ordinances.

O. Review Of Applications For Zoning Amendments, Special Use Permits And Variances. Applications for zoning amendments, Special Use Permits or variances affecting designated Landmarks or Historic District Contributing Resources for a landmark preservation area or structures within an "H" Historic District shall be provided to the LHDC by the Building Commissioner. The LHDC 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 LHDC shall forward any comments to the Building Commissioner for presentation to the Planning and Zoning Commission for their consideration in reviewing the application.

P. Appeals. Any person or persons jointly or severally aggrieved by any decision of the LHDC or the City Council may present to the Circuit Court a petition seeking relief under the Administrative Procedure Act. Such petition must be presented to the court within thirty (30) days after the decision is rendered by the LHDC or the City Council.

Q. Fees And Penalties. The provisions of the Florissant City Code governing violations of City ordinance shall be applicable hereto with penalties as set forth in the appropriate Chapter.