[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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:
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:
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:
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:
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.
