[R.O. 2007 §15½-8; Ord. No. 6043 §2(Exh. A), 2-17-1998]
The Commission shall, after the effective date of this Chapter,
undertake to establish and maintain a survey of structures, sites
and areas having historical, architectural or aesthetic interest or
value in accordance with the Secretary of the Interior's "Standards
and Guidelines for Historic Preservation" (36 CFR Part 61). The survey
will be compatible with Missouri's Statewide Historic Preservation
Comprehensive Planning Process. This survey may include single structures
or sites, portions of structures, groups of structures, manmade or
natural landscape elements, works of art or integrated combinations
thereof. In the establishment of the survey, the Commission shall
notify and solicit the views of property owners and residents of structures,
sites and areas proposed by the Commission to be included in the survey.
[R.O. 2007 §15½-9; Ord. No. 6043 §2(Exh. A), 2-17-1998]
A.
Any
area, place, building, structure, work of art and other object may
be designated for preservation if it:
1.
Is associated with events that have made a significant contribution
to the broad patterns of the history of Poplar Bluff, the Southeast
Missouri region, the State of Missouri or the United States;
2.
Is associated with the life of a historic personage;
3.
Is a location at which events have occurred that have made an outstanding
contribution to and are identified with or which best represent some
important aspect of the natural, archaeological, cultural, political,
economic, military or social history of the City of Poplar Bluff,
the Southeast Missouri region, the State of Missouri or the United
States; and
4.
Embodies the distinctive characteristics of a type, period or method
of construction or that represents the work of a master or that possesses
high artistic values or that represents a significant and distinguishable
entity whose components may lack individual distinction, thereby necessitating
its preservation, protection, enhancement, rehabilitation and perpetuation.
[R.O. 2007 §15½-10; Ord. No.
6043 §2(Exh. A), 2-17-1998]
Prior to the designation or amendment of designation of any
landmark, landmark district, architectural conservation district or
protection area, an investigation and report on the historical and
architectural significance of the structures, sites or objects to
be designated shall be made. Such report will also attempt to provide
an indication of the economic status of property or properties under
consideration for designation by providing such information as assessed
value, recent real estate transactions or other appropriate data.
The report shall also recommend the boundaries of any proposed landmark,
landmark district, architectural conservation district or protection
area and recommend standards to be adopted by the Commission in carrying
out its regulatory functions provided under the provisions of this
Chapter. All recommendations shall be made in consideration of any
master plan, zoning requirements, projected public improvements and
existing and proposed renewal and development plans applicable to
the section of the City to be affected by the designation or amendment
of designation.
[R.O. 2007 §15½-11; Ord. No.
6043 §2(Exh. A), 2-17-1998]
A copy of the notice of a proposed designation shall be mailed
to either the owner of record and/or person presently in possession
of such property and notice given to adjoining property owners as
required by law.
[R.O. 2007 §15½-12; Ord. No.
6043 §2(Exh. A), 2-17-1998]
After notice, the Historical Preservation Commission and the
Planning and Zoning Commission shall hold a public hearing on each
proposed designation of a landmark or historic district in order to
obtain the viewpoints of affected property owners, residents and other
interested citizens. The hearing shall be conducted in accordance
with City regulations.
[R.O. 2007 §15½-13; Ord. No.
6043 §2(Exh. A), 2-17-1998]
Within thirty (30) days of the conclusion of the public hearing,
the Historical Preservation Commission and Planning and Zoning Commission
shall make a determination with respect to the proposed designation,
in writing, which constitutes the basis for their recommendation.
Said recommendation may be for approval, disapproval or approval in
part and reasons for the recommendations shall be included. The recommendation
shall be made, together with a record of the hearing thereon, to the
City Council.
[R.O. 2007 §15½-14; Ord. No.
6043 §2(Exh. A), 2-17-1998]
Upon receipt of the recommendation of the Historical Preservation
Commission and Planning and Zoning Commission, the City Council shall
schedule a public meeting on the proposed designation. Following the
public meeting, the City Council, within thirty (30) days, may approve
or disapprove the granting of the proposed designation.
[R.O. 2007 §15½-15; Ord. No.
6043 §2(Exh. A), 2-17-1998]
The City Council shall give notice of the time and place of
the public meeting as provided in City regulations.
[R.O. 2007 §15½-16; Ord. No.
6043 §2(Exh. A), 2-17-1998]
If an owner of a proposed landmark or the owners of ten percent
(10%) or more of the property proposed to be included in a historic
district or the owners of ten percent (10%) or more of the total area,
exclusive of streets and alleys, which is located within an area determined
by lines drawn parallel to and one hundred eighty-five (185) feet
distance from the boundaries of the property proposed to be designated
a historic district, shall file a written protest with the City Clerk's
office against the designation of the property as a landmark or historic
district, prior to consideration of an ordinance regarding the proposed
designation, then such proposed designation shall not be passed except
by a six-sevenths (6/7) vote of the members of the City Council.
[R.O. 2007 §15½-17; Ord. No.
6043 §2(Exh. A), 2-17-1998]
Upon favorable approval of a proposed designation by the City Council, the landmark or historic district shall be classified and designated as an "H" District as provided in Section 420.090 and the designating ordinance shall prescribe the specific and significant exterior architectural features; establish specific design guidelines, including minimum maintenance standards, permitted use, height and area regulations and, where appropriate, the proportions of windows and doors, relationship of building masses and spaces, roof shapes, landscaping, signage, guidelines and/or agreements for preservation of archaeological sites and any other criteria or guidelines necessary to accomplish and preserve the particular criteria for designating such property as a landmark or historic district.
[R.O. 2007 §15½-18; Ord. No.
6043 §2(Exh. A), 2-17-1998]
Within fifteen (15) days after approval by the City Council
of the ordinance designating property as a landmark or historic district,
the City Clerk shall send by certified mail to the owner of record
of each property within the designated district a copy of the ordinance
and written explanation outlining the basis for such designation and
the obligation and restrictions which result from such designation.
[R.O. 2007 §15½-19; Ord. No.
6043 §2(Exh. A), 2-17-1998]
No application for a permit to construct, alter or demolish
any structure or other feature in a proposed landmark or historic
district, filed subsequent to the day that notice of a proposed designation
has been first given to initiate designation of a said landmark or
historic district, shall be approved by the Zoning Administrator while
proceedings are pending on such designations; provided however, that
if, after one hundred twenty (120) days from the date of the initiation
of said designation, the final action on such designation has not
been completed, the permit application may be processed.
[R.O. 2007 §15½-20; Ord. No.
6043 §2(Exh. A), 2-17-1998]
An "H" historic zoning designation shall be incorporated with
the existing zoning designation of the landmark and/or historic district.
The existing zoning standards for each district are set forth and
shall be complied with. However, a landmark or historic district shall
be designated with an "H" affixed to the current zoning district acronym
and illustrated as such on the official Zoning District Map.
