[Ord. No. 87, 6-15-1989; Ord.
No. 231 §4, 11-2-1995; Ord. No. 396 §1, 3-4-1999]
A.
Purpose Of District. The purpose of this district is to
preserve the integrity of Old Town Cottleville as identified on the
official Zoning Map and to provide for development consistent with
preserving the Old Town image and environment. The regulations of
this special district are intended to allow greater design flexibility
in development than is permitted by the other district regulations.
B.
Uses Permitted. A building or lot shall be used only for
the following purposes: All uses permitted in "R-1" and "R-2" shall
be permitted uses in the "S-D/OT" Districts. All conditional uses
in the "R-1" and R-2" Districts and all permitted and conditional
uses in the "C-1", "C-2", "C-3", "C-4" and "C-5" Districts shall be
conditional uses in the "S-D/OT District". Single-family and two-family
dwellings may be located above the first (1st) floor permitted use.
All uses in this district shall be subject to the regulation as outlined
in accordance with the zoning and subdivision regulations of the City
of Cottleville.
C.
Conditional Uses. The following uses shall be allowed in
the S-D/OT, Special District/Old Town Cottleville if approved in accordance
with the conditional use review and approval procedures:
[Ord. No. 1784, 7-31-2019; Ord.
No. 1924, 6-17-2021]
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Financial Institutions and Services
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Miscellaneous Medical Services
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Miscellaneous Office Uses
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Miscellaneous Retail Uses
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Miscellaneous Service Providers
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Mobile Vending Business Eating and Drinking Gardens
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Pet Grooming and Boarding
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Veterinary Services
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U.S. Postal Service
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D.
Building Height. No building shall be erected or enlarged
to exceed thirty-five (35) feet or two and one-half (2½) stories
in height.
E.
Lot Area Requirements. There are no minimum lot area requirements
in this district.
F.
Yard Requirements. Since there were no planning and zoning
regulations when Old Town Cottleville was originally established,
yard requirements shall be consistent with existing layouts and will
require approval by the Planning and Zoning Commission on an individual
basis.
G.
Parking Requirements. The parking requirements of this district
shall be determined by the Planning and Zoning Commission on an individual
basis after evaluating existing conditions and space available.
H.
Architectural Requirements. There are no specific architectural
requirements; however, the architecture of the later nineteenth and
early twentieth century is to be encouraged.
[Ord. No. 535 §1, 4-11-2002]
The zoning ordinances of the City are hereby amended by the
creation of the Old Town Historic District. The Old Town Historic
District (sometimes hereinafter referred to as "the District") is
defined as the area within the City as depicted on Exhibit 1 to Ordinance
No. 535 which is on file in the City offices and incorporated by reference
herein. The district is an overlay district and the following rules
and procedures shall be in addition to those of the underlying zoning
districts.
[Ord. No. 535 §2, 4-11-2002; Ord.
No. 957 §1, 10-11-2007]
A.
The
Old Town Historic District Commission (sometimes hereinafter referred
to as "OTHDC") is hereby created for the purposes stated in Section
253.415, RSMo., and for such further purposes as are hereinafter stated.
The Old Town Historic District Commission shall also have authority
to recommend any real property or structure within the City limits
of Cottleville be designated as a registered historical contributing
resource by the Board of Aldermen upon application and shall have
authority to consider such applications. An applicant shall identify
potential Landmarks, Historic District Contributors and Historic Districts
in one (1) identifiable neighborhood or district geographic area of
the City of Cottleville, based upon one or more of the following premises:
1.
It is associated with a particular person, event or historical period;
2.
It is of a particular architectural style or school or of a particular
architect, engineer, builder, designer or craftsman;
3.
It contains historic and prehistoric archaeological resources with
the potential to contribute to the understanding of historic and prehistoric
cultures.
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The Commission would not likely consider a property less than
fifty (50) years old unless it is highly significant with regard to
the criteria above.
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[Ord. No. 957 §2, 10-11-2007]
A.
Application
hereinafter made for designation as an historic landmark or district
shall be made to the OTHDC by filing an application in the office
of the City Clerk, who shall inform the OTHDC of receipt of such application
at their next regular meeting; and, within ten (10) days of receipt,
mail a notification of the intent to nominate to the owner of record
of the nominated property. Applications may be made by any owner of
affected property, subdivision trustee or agent, neighborhood association,
board or commission of the City, or the Board of Aldermen. Such applications
shall be made in writing and shall comply with rules regarding the
submission of applications adopted by the historic preservation commission.
The application shall include the following:
1.
An accurate legal description, acceptable to the City Attorney or
recording purposes, of the boundaries of the site of the proposed
historic landmark or the boundaries of the historic district;
2.
A map indicating existing land use surrounding the proposed historic
landmark or within the proposed historic district boundaries and on
the abutting land;
3.
A statement of the historical or architectural significance of the
proposed historic landmark or district;
4.
A summary, description, example or outline of the recommended regulations
and standards for the proposed historic landmark or district, including
a description of the alterations, repair or other construction for
which building permits may be approved by the zoning administrator
only following review by the Historic Preservation Commission;
5.
The full name of the person or body submitting the application and
the signature of the applicant. In the case of organizations, corporations
or public bodies, the signature shall be that of the person authorized
to sign in behalf of the organization, corporation or public body.
B.
In
the event that the application for nomination is submitted by a member
of the OTHDC or the Board of Aldermen a copy of the application of
nomination, notice of the time and place of the public hearing on
the proposed nomination, and a copy of the OTHDC regulations shall
be sent by certified mail with return receipt to the owner(s) of record
as listed in the records of the St. Charles County Recorder of Deeds.
The City shall also cause notice of the time and place of the 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 OTHDC 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.
The notice shall also be posted on the bulletin board at City Hall.
[Ord. No. 957 §3, 10-11-2007]
A.
The
OTHDC shall, upon such investigation as it deems necessary, make a
determination as to whether a nominated property, structure, site,
area or district meets one (1) or more of the following criteria,
based on the criteria for evaluation for the national register of
historic places:
1.
Criteria based on person, event or historical period:
a.
Its location as a site of a significant local, County, State or national
event;
b.
Its identification with a person or persons who significantly contributed
to the development of the community, County, State or country; and/or
c.
Its potential to yield information important to history and prehistory.
2.
Criteria based on architectural style or innovation:
a.
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;
b.
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;
c.
Its embodiment of elements of design, detailing, materials or craftsmanship
that render it architecturally significant;
d.
Its embodiment of design elements that make it structurally or architecturally
innovative;
e.
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;
f.
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;
g.
Its potential to be returned to an accurate historic appearance regardless
of alterations or insensitive treatment that can be demonstrated to
be reversible; and/or
h.
Its overall setting and harmony as a collection of buildings, structures,
objects where the overall collection forms a unit.
3.
Criteria based on resources that contribute to the understanding
of historic culture:
a.
Its character, interest or value as part of the development, heritage
or cultural characteristics of the community, County, State or country;
and/or
b.
Its unique location or singular physical characteristic that make
it an established or familiar visual feature of the neighborhood,
community or City.
4.
With respect to a Historic District, the Commission 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.
5.
With respect to property which does not contain a building, structure
or any gravesite, the Commission and Board of Aldermen 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.
B.
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 Contributor, then
the nomination shall be denied unless it receives a favorable vote
of a simple majority of the total members of the OTHDC and a favorable
vote of a majority of the members elected to the Board of Aldermen.
C.
In
the event fifty percent (50%) 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.
D.
No
building permit or demolition permit shall be issued by the Building
Department for any nominated landmark, nominated Historic District
Contributor or any property or structure within a nominated Historic
District from the date of the meeting of the OTHDC at which a nomination
is first presented until the final disposition of the nomination by
the Board of Aldermen, 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.
[Ord. No. 957 §4, 10-11-2007]
A.
The
OTHDC shall make a recommendation to the Board of Aldermen concerning
whether the nominated Landmark, Historic District Contributor or a
Historic District meets the criteria for designation within fifty
(50) days from receipt of a completed nomination, in proper form,
unless otherwise extended by the OTHDC and the owner(s) of the nominated
Landmark property or fifty percent (50%) 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 Contributor 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 Contributor or a Historic District;
3.
Proposed design guidelines for applying the criteria for review of
Certificates of Appropriateness to the nominated Landmark, Historic
District Contributor 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 Contributors;
5.
In the case of a nominated Landmark or Historic District Contributor
found to meet the criteria for designation:
a.
The significant exterior architectural appearance or features of
the nominated Landmark or nominated Historic District Contributor
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 appearance or features
of the Landmarks and Historic District Contributors 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 OTHDC.
7.
The recommendation and report of the OTHDC shall be sent to the Board
of Aldermen within seven (7) days following its vote and shall be
available to the public in the office of the City Clerk.
B.
Notice
of the determination of the OTHDC, 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 Contributor and to all
property owners within a nominated Historic District within ten (10)
days following a recommendation.
[Ord. No. 957 §5, 10-11-2007]
A.
Upon
receipt of the recommendation from the OTHDC, the Board of Aldermen
shall conduct 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 Board of Aldermen shall make its determination based
upon the criteria considered by the OTHDC as set forth herein and
following the public hearing, the Board of Aldermen shall act upon
such matter by expressing its approval or disapproval of the nomination
with for without modification to the OTHDC's recommendation. Approval
shall be by way of an ordinance and such ordinance shall explain the
reasons for the action of the Board of Aldermen. Disapproval may be
by way of motion or failure of the Board of Aldermen to approve an
ordinance approving the designation.
B.
Within
ten (10) days of the Board of Aldermen 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 Contributor or all properties within a nominated Historic
District. If the Board of Aldermen approves the nomination, the notice
shall include a copy of the designation ordinance and the requirements
that result from such designation. A copy of the notification ordinance
shall also be sent to the OTHDC, the Planning and Zoning Commission,
the Building Department and these documents shall be recorded at the
St. Charles County Recorder of Deeds office.
C.
Upon
designation by the Board of Aldermen, the Landmark, Historic District
Contributor or all properties within the nominated Historic District,
shall be classified and shown as an overlay "H" Historic Zoning on
the official zoning map of the City of Cottleville. The Building Department
will maintain an official register in which shall be entered all such
designations, adequately described for proper identification. A statement
of considerations in making such designations shall be filed with
the Building Official, who shall maintain such statement for public
use and inspection. The landmarks register may be part of a larger
database of historic inventory to suit the purposes of the OTHDC.
[Ord. No. 957 §6, 10-11-2007]
A.
The
Board of Aldermen may by ordinance amend or rescind the designation
of any Landmark or Historic District or reclassify a Historic District
Contributor as a Non-Contributor, upon a finding by a simple majority
of the OTHDC and the Board of Aldermen that the Landmark or a Historic
District or Historic District Contributor 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 Contributor; notice shall be given to properties within the
Historic District.
B.
Within
ten (10) days after approval of an ordinance amending or rescinding
the designation of any Landmark, Historic District or Historic District
Contributor, the City shall send to the property owner(s), as listed
in the Recorder of Deeds records of St. Charles 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. Charles
County Recorder of Deeds office and sent to the OTHDC and Building
Department.
[Ord. No. 957 §7, 10-11-2007]
A.
By
January, 2009, 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 OTHDC 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, 2009, the designation as a landmark shall be deemed to be
rescinded and notice of such rescission shall be recorded with St.
Charles County Recorder of Deeds and filed with the Building Official.
B.
In
accordance with the provisions set forth herein, application of nomination
for redesignation of a landmark shall be 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
OTHDC and the Board of Aldermen 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 appointed
to the OTHDC and a favorable vote of a majority of the members elected
to the Board of Aldermen.
C.
By
January, 2009, all structures and properties designated as being within
the Old Town Historic District (as originally defined by Ordinance
535 shall retain such zoning classification and designation and shall
be subject to the terms and provisions set forth herein.
[Ord. No. 535 §3(1), 4-11-2002]
A.
Intent And Purpose. The intent and purpose of these regulations
are to promote, preserve, protect and enhance the educational, cultural,
economic and general welfare of the area known as Old Town Historic
District by:
1.
Providing a mechanism to identify and preserve the distinctive historic,
archaeological and architectural characteristics of Cottleville which
represents elements of the City's cultural, social, economic, political
and architectural history;
2.
Fostering civic pride in the beauty and accomplishments of the past
as represented in Cottleville's Historic District;
3.
Conserving and improving the value of property designated as the
Historic District;
4.
Providing for economic benefits to encourage business and residential
owners to locate and invest in historically significant properties;
5.
Protecting and enhancing the attractiveness of the area to home buyers,
visitors and shoppers and thereby supporting and promoting business
and commerce and providing economic benefits to the City;
6.
Fostering and encouraging preservation, restoration and rehabilitation
of the historic structures, areas and neighborhoods and thereby preventing
future urban blight;
7.
Promoting the use of the Historic District for the education, pleasure
and welfare of the people of Cottleville;
8.
Promoting the identification, evaluation, protection and interpretation
of the prehistoric and historic archaeological resources within the
incorporated limits of the City.
B.
ALTERATION
CONSTRUCTION
DEMOLITION
MINIMUM MAINTENANCE
OLD TOWN
OLD TOWN DEVELOPMENT PLAN AND GUIDELINES
ORDINARY MAINTENANCE
REPAIR
SECRETARY OF THE INTERIOR'S STANDARDS
SITE
STRUCTURE
Definitions. Unless specifically defined below, words or
phrases in this Article shall be interpreted so as to give them the
same meaning as they have in common usage and so as to give this Article
its most reasonable application.
Any act or process that changes one (1) or more of the exterior
architectural features of a structure including, but not limited to,
the erection, construction, reconstruction or removal of any structure.
The act of adding an addition to an existing structure or
the erection of a new principal or accessory structure on a lot or
property.
Any act or process which destroys, in part or the majority
of, a landmark or a structure within a historic district.
The minimum regulations governing the conditions and maintenance
of all existing structures, as set out in Chapter 5, Article 7 of
the BOCA Code, as published by the BOCA Building Officials and Code
Administrators International, Inc., and adopted by reference, with
certain amendments thereto by the Board of Aldermen of the City of
Cottleville, Missouri, as such Existing Structures Code shall be amended
from time to time by the City of Cottleville.
An area generally bounded on the west by Old Dardenne Creek;
on the north by Anis Street; on the east by Timberwood Farms Subdivision,
the east side of Cottleville Fire Protection District property and
the western side of Timberwood Trails Subdivision; and on the south
by Angel's Crossing Subdivision and Gutermuth Road.
A set of guidelines as adopted herewith and as may be hereafter
amended, which guidelines are applicable to and are designated as
the standards regulating the exterior design of buildings within those
portions of Old Town that are within the Historic District. The guidelines
set forth in the Old Town Development Plan and Guidelines as adopted
herewith and as may be hereafter amended shall be considered as recommended
actions and practices under and in accordance with the Secretary of
the Interior's Standards, which shall be considered the governing
document for the Old Town Development Plan and Guidelines.
Any work for which a building permit is not required by municipal
ordinance, 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 practical, to
its condition prior to the occurrence of such deterioration, decay
or damage and does not involve change of materials nor form.
Any change that is not construction, alteration or demolition
and is necessary or useful for continuing normal maintenance and upkeep.
The Secretary of the Interior's Standards for the Treatment
of Historic Properties are sets of treatment standards intended to
assist users in making sound historic preservation decisions for the
preservation, rehabilitation, restoration or reconstruction of historic
properties. The Standards are codified as 36 CFR Part 68 in the July
12, 1995, Federal Register (Vol. 60, No. 133) and as may hereafter
be amended.
The traditional, documented or legendary location of an event,
occurrence, action or structure significant in the life or lives of
a person, persons, groups or tribe or any place with evidence of past
human activity. Sites include, but are not limited to, cemeteries,
burial grounds, occupation and work areas, evidence of farming or
hunting and gathering, battlefields, settlements, estates, gardens,
groves, river crossings, routes and trails, caves, quarries, mines
or significant trees or other plant life.
Anything constructed or erected, the use of which requires
permanent or temporary location on or in the ground including, but
without limiting the generality of the foregoing, buildings, fences,
gazebos, advertising signs, billboards, radio and television antennae
and towers, cellular telephone towers, satellite towers and swimming
pools.
[Ord. No. 535 §3(2), 4-11-2002; Ord.
No. 557 §2, 8-8-2002; Ord. No. 560 §§1 —
4, 8-22-2002; Ord. No. 957 §9, 10-11-2007]
A.
A certificate
of appropriateness shall be required before the following actions
affecting the exterior structure or site appearance of a structure
or site may be undertaken and it shall be unlawful for any person
or entity to engage in any such actions in the Old Town Historic District
without first obtaining such certificate of appropriateness authorizing
such actions:
1.
Any construction, alteration or off-site relocation requiring a building
permit;
2.
Any demolition in whole or in part requiring a demolition permit;
3.
Any alteration to a Historic District contributing resource as set
forth in the ordinance designating the Old Town Historic District;
4.
Any off-site relocation of a Historic District contributing resource;
5.
Any new construction of a principal building or accessory building
on property located in the Old Town Historic District;
6.
Any construction, alteration or removal involving earth-disturbing
activities that affect designated archeological resources;
7.
A change or modification to the exterior color of any wall on a structure
that consists of the following color groups: black, green, purple,
orange, red, pink or blue. Normal maintenance does not require a certificate
of appropriateness and is encouraged.
8.
A change or modification to the roof color or roof materials of a
structure. Normal maintenance does not require a certificate of appropriateness
and is encouraged.
B.
Applications
for a certificate of appropriateness shall include proposed plans
and specifications in sufficient detail for the Old Town Historic
District Commission (OTHDC) to have full knowledge of the requested
action, including how the proposed actions will affect the appearance,
materials and architectural design of the buildings, structure or
land of a Historic District contributing resource and the contemplated
use of the building or land.
C.
Applications
for building permits shall be forwarded by the City Engineer to the
OTHDC 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 OTHDC. Any applicant may request a meeting
with the OTHDC before the application is reviewed by the OTHDC or
during the review of the application.
D.
A fee as set forth in the Schedule of Zoning and Subdivision Fees, as provided for in Section 405.790 of the Municipal Code, is required with any Certificate of Appropriateness request to complete administration and evaluation of forms and/or petitions required by the Commission.
[Ord. No. 1778, 7-31-2019]
[Ord. No. 535 §3(3), 4-11-2002]
A.
In
considering an application for a certificate of appropriateness, the
City shall be guided in principal 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
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 objectives shall be recognized as products
of their own time. Alterations that have no historic 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.
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;
8.
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;
9.
Primary building materials refers to the materials on the exterior
walls of the building. A certificate of appropriateness is required
before any addition or replacement of siding. Normal maintenance does
not require a certificate of appropriateness and is encouraged.
b.
City codes require that mortar joints in bad condition be tuck pointed.
c.
Siding which covers the original primary building material may be
removed as long as doing so would not harm the building.
(1)
For instance, asbestos, asphalt, aluminum and vinyl siding could
be removed to expose brick or wood lap siding underneath.
d.
Asbestos and asphalt siding may be covered with vinyl or aluminum
siding or wood clapboard consistent with the time period.
e.
City codes require wood siding to be maintained and in good repair.
f.
Vinyl, masonite or metal lap siding may be used under the following
circumstances:
(1)
In order to emulate the look of older lap siding, vinyl or metal
siding on pre-1950 buildings should not be wider than four (4) inches;
(2)
Siding must not be used to simply cover up architectural features;
(3)
Siding must not contribute to moisture buildup and structural
deterioration; and
(4)
A model example must be provided.
g.
Stucco may be removed if doing so would be consistent with its original
architectural style and if removal would not harm the building.
h.
Use of stucco should be consistent with the architectural style of
the building.
(1)
City codes require stucco to be maintained and in good repair.
i.
Unpainted, sturdy brick should not be painted simply for decorative
purposes. Painting brick to avoid tuck pointing is not permitted.
j.
Covering brick with lap siding to avoid brick maintenance is not
permitted.
10.
A certificate of appropriateness is required before replacement of
any pier, foundation, wall or step. Normal maintenance does not require
a certificate of appropriateness and such maintenance is encouraged.
a.
Repair or replacement of foundations shall be made using material
that will replicate the original.
b.
Replacement foundations may be poured concrete, stone or brick.
(1)
Exposed foundations with flat, textureless surfaces (such as
poured concrete) must be covered with an appropriate finish such as
stone or brick.
c.
According to City codes, foundations shall be kept in good repair.
d.
Unpainted masonry (such as stone foundations and concrete slabs)
should not be painted.
(1)
Once masonry is painted, however, it is acceptable to repaint
it. Foundations should not be painted in place of tuck pointing.
11.
The City strongly encourages property owners to preserve original
porches or, in the case of non-original porches, to restore them to
the original architectural style of the building. Old photographs
are very helpful in determining how the original porch looked. A certificate
of appropriateness is required for construction which changes the
appearance of the porch or any of its architectural details. Normal
maintenance does not require a certificate of appropriateness and
such maintenance is encouraged.
a.
Front porches which are open shall not be enclosed, in whole or in
part, with windows, screens or opaque materials (siding, plywood,
etc.).
(1)
This does not include appropriate use of lattice or other proper
screening to enclose open area below porches.
b.
City codes require porches to be kept in good repair.
c.
Wooden porches and details shall have a finish, paint, varnish, etc.
e.
Porch flooring is encouraged to replicate the original and be consistent
with the time period.
f.
Wood steps should be made from lumber two (2) inches by ten (10)
inches or two (2) inches by twelve (12) inches.
(1)
All wood steps must have risers. City codes require wood steps
to be kept in good repair and painted.
g.
When feasible, original porch architectural details (handrails, lattice,
brackets, rails, posts, etc.) shall be retained and repaired.
i.
According to City codes, existing decks must be maintained in good
repair.
j.
Astroturf, carpeting or synthetic materials for porch floor covering
is not acceptable.
k.
Lightweight lattice is not an acceptable replacement for porch balusters.
l.
Wrought iron or imitation wrought iron is not to be used for porch
railing on pre-1950 houses, unless it can be shown to have been original.
m.
Plywood may not be used for exterior finish on decks.
n.
Deck materials should not be used on front porches.
12.
A certificate of appropriateness is required before any change in
roof line, mansard or parapet. Scale drawing and/or model example
is required. Normal maintenance does not require a certificate of
appropriateness and such maintenance is encouraged.
a.
Preferably, roof cladding should be made of materials original to
the building.
(1)
Shingles may be asphalt, wood, slate, synthetic slate composition
(slate reproduction), fiberglass or standing seam metal.
(2)
Clay tile roofs are appropriate for Spanish Revival as well
as some Prairie and Bungalow architectural style buildings.
(3)
Roll roofing is permitted only on flat or nearly flat roofs
(2:12 pitch or less).
(4)
Exposed felt/tar paper is not acceptable.
b.
The use of original materials is encouraged for mansard roof cladding.
(1)
Whenever possible, patterns of colored slate on mansard roofs,
such as diamonds, should be retained, restored or replicated in a
manner consistent with the time period.
(2)
Mansard roofs may be clad with materials other than shingles.
(3)
Vinyl or other siding, for example, is not appropriate cladding
for mansards roofs.
c.
Parapets shall not be altered within a scale drawing/model example.
d.
Coping shall be glazed coping tile or correct metal coping or other
appropriate finished material.
e.
Parapets should be constructed of original materials.
(1)
Exposed cinder blocks are not acceptable.
f.
Bubble skylights are not acceptable if visible from the street.
13.
A certificate of appropriateness is required for any change in size
or style of a dormer, as well as the removal or addition of a dormer.
A scale drawing and/or model example are required.
a.
New dormers may be added if the dimension and proportions are consistent
with the time period.
(1)
A scale drawing and/or model example are required.
b.
Enlarged dormers shall face the rear of the property.
(1)
A scale drawing and/or model example are required.
c.
When feasible, original ornamentation and woodwork should be retained
and repaired, including pediment, molding and verge boards.
d.
Materials acceptable for walls and window surrounds of dormers: wood
shingles; brick or brick facade; horizontal siding of wood, vinyl
or aluminum.
(1)
Roll roofing or exposed tar paper are examples of unacceptable
materials.
e.
Dormers may not exceed the height of the peak of the roof.
14.
A certificate of appropriateness is required for any removal of a
chimney or structural change.
15.
Gutters and downspouts are needed to quickly move rainwater away
from buildings. This is extremely important for preventing damage.
Water infiltration around the foundation can lead to water in basements,
deteriorated mortar, weakened foundation and rotten wood.
16.
A certificate of appropriateness is required for a new window opening
or changes to an existing window or window opening which would make
it appear different than what was there previously. Normal maintenance
does not require a certificate of appropriateness and such maintenance
is encouraged.
a.
Window sills and sashes can be replaced with vinyl, wood, finished
aluminum that duplicates the original window in size and style.
(1)
Unpainted or raw aluminum windows are not acceptable.
b.
Window openings should be of the size and proportions appropriate
for the architectural style of that building.
(1)
A scale drawing/model example is required.
c.
City codes require windows to be maintained and kept in good repair.
d.
Framing of all windows must be retained and maintained.
e.
Bay or bow windows may be added at the side or rear of the house
with appropriate scale drawing/model example.
f.
Instead of bricking or siding over unwanted windows, consideration
should be given to covering them on the inside with drywall and on
the outside by closed shutters or louvers.
g.
City codes require that window wells must be kept in good repair.
h.
Size of windows should not be changed when they are part of the architectural
style.
j.
Shutters must be appropriate size for windows.
(1)
Shutters do not have to be closable, but they should at least
fit the window if they could be closed.
l.
City codes require that all awnings be maintained and in good repair.
17.
A certificate of appropriateness is required before making any changes
to doors, transoms or doorway openings. Normal maintenance does not
require a certificate of appropriateness and such maintenance is encouraged.
a.
Door openings must not be altered if it will change the style and
character of the building.
b.
Abandoned doors (these are doors no longer in use) may be considered
if the door, door opening and frame are left intact, including subsill,
lintel and transom and are covered with drywall on the inside.
c.
Transoms and door side-lights are an important architectural detail
and should not be bricked up or covered over.
(1)
An exception to this is when abandoned doors/transoms are covered
appropriately as provided above.
d.
New wood doors or finished metal doors which are similar in style
to the original door or are consistent with the time period may be
used with a model example.
e.
If a building has more than one (1) front door, doors must match.
f.
Doors should be appropriate for the original architectural style
of the building.
g.
Doors shall have a finish, varnish, paint, etc.
h.
City codes require storm and screen doors to be well maintained.
(1)
They should also have a finish, paint, varnish, etc.
i.
Doors designed for interior use are not acceptable for use on the
exterior.
j.
Security doors and bars may be acceptable with scale drawing/model
example.
18.
Architectural details are critical in establishing the visual character
of a historic district. They not only add visual interest but can
showcase fine craftsmanship and design. Architectural details also
help define the particular architectural style of each building. Property
owners are urged to repair architectural details when feasible instead
of replacing them. It is better to replace only those portions of
architectural details beyond repair than to completely replace new.
Even when replaced by an exact replica of the original, the historical
integrity of the building is diminished. A certificate of appropriateness
is required before removing, replacing or adding shutters, awnings,
security doors, etc. Normal maintenance does not require a certificate
of appropriateness and such maintenance is encouraged.
a.
When feasible, original ornamentation (iron stars, gingerbread, brackets,
etc.) should be retained and repaired.
(1)
Otherwise, salvage materials or modern replications consistent
with the original architectural style may be used.
b.
Solar collectors and satellite dishes should not be visible from
the street.
19.
An accessory building is a secondary structure separate from the
main building on the lot. Examples include detached garages, gazebos,
tool or storage sheds, smokehouses, brick kitchens, outhouses, stables,
chicken coops, etc. Accessory buildings are an important part of the
character of a historic district. A certificate of appropriateness
is required before there is any enlargement, replacement, removal
or demolition of any accessory building, regardless of size. Normal
maintenance does not require a certificate of appropriateness and
such maintenance is encouraged.
a.
Every effort should be taken to preserve and maintain accessory buildings
which have historical or architectural significance.
b.
Storage buildings shall have the appearance of stability and should
be in a design that related to the main dwelling or time period of
the main dwelling.
c.
Garages shall not exceed the heights of the existing structures.
A scale drawing/model example is required.
d.
All existing accessory buildings must be kept in good repair, including
exterior walls, doors, windows and roofs, and the exterior painted
in good condition.
20.
Fences properly designed can enhance a property's visual impact.
When adding a fence, the type of fence that will best complement the
property should be considered. A certificate of appropriateness is
required before building a new fence or replacing one with another
of a different style. A certificate of appropriateness is also required
before replacing or constructing a retaining wall. Normal maintenance
does not require a certificate of appropriateness and such maintenance
is encouraged.
a.
Front yard fences should be consistent with the time period. Wood
picket, vertical board ("privacy"), wrought or cast iron, masonry
and hedge or shrub fences are most appropriate for the Old Town Historic
District. Chain link and wire fencing are not permitted.
b.
Heavy-duty lattice may be used for fencing and screening. Thin, lightweight
lattice for either fences or screening is not appropriate.
c.
No fence shall exceed a height of forty-eight (48) inches.
d.
City codes require fences to be well maintained and kept in good
repair. All fences which are designated to be painted, stained or
treated must be maintained in that condition and kept in good repair.
e.
Newly installed mechanical equipment (air conditioners, heat pumps,
etc.) should be screened from view from the street by vegetation,
lattice, pickets, etc.
f.
Retaining walls more than two (2) feet tall should be of masonry
construction.
(1)
Poured concrete retaining walls are encouraged to use raked
joints to imitate masonry blocks.
(2)
Retaining walls two (2) feet tall or less may be constructed
of masonry or treated landscape timbers.
(3)
Cinder blocks and automobile tires are examples of inappropriate
materials for the exterior finish of retaining walls, regardless of
height.
g.
City codes require retaining walls to be maintained and in good repair.
[Ord. No. 535 §3(4), 4-11-2002]
A.
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 streetscapes
as determined by the Old Town Historic District Commission and is
in the best interest of the City. When there is conflict between periods,
the oldest time period shall prevail.
1.
Site design standards.
a.
The front of a primary structure shall be oriented toward the street.
b.
New buildings should be set back from the street about the average
distance of building setbacks on the block.
(1)
Typically, buildings in the Old Town had shallow setbacks from
the street right-of-way and small front yards. Traditionally, front
porches were often within "conversation distance" of public sidewalks.
(2)
Before having plans drawn up for a new building, contact should
be made with the City Engineer for the zoning setback requirements
for particular lots.
2.
Building scale standards.
a.
New buildings should be constructed to reinforce a sense of human
scale, similar in scale to that established in the block.
(1)
The front of a building should include a one-story element,
such as a porch.
b.
Building heights should be similar to those found historically in
the district.
c.
New buildings should be constructed of similar width to that of nearby
historic buildings.
(1)
If a new building is to be much wider than those seen historically,
it should be divided into modules which are of similar width to nearby
buildings in the district.
3.
Building form standards.
a.
Building forms traditionally found on the block should be used.
(1)
Simple rectangular shapes are most common. Complex or irregular
building shapes are usually appropriate for only late Victorian buildings
which had more elaborate massing.
c.
New buildings should have proportions of facade height to width similar
to traditional buildings in the block.
4.
Building details.
a.
Use of traditional materials such as red brick, wood and limestone
is strongly encouraged for primary building materials.
(1)
New materials that are similar in character to traditional materials
may be acceptable with appropriate detailing.
(2)
New materials should appear similar in scale, proportion, texture
and finish to those used historically.
(3)
Cinder block, particle board and roll roofing are not permitted
for exterior finish of new buildings.
b.
Doors, windows and porches should be of sizes and proportions as
traditionally found on the block and in the area.
(1)
Windows with vertical emphasis are encouraged.
c.
The City requires gutters to be installed on nearly all new buildings.
(1)
These guidelines require them on accessory buildings as well.
d.
Grading of the property and excavation and filling shall be compatible
with surrounding properties.
e.
Where possible, new garage doors should face the side yard instead
of the front or street.
[Ord. No. 535 §3(5), 4-11-2002]
A.
All
structures in the Old Town Historic District are considered irreplaceable
assets and as such demolition is limited. Each property within the
boundaries contribute to the atmosphere and the character of the district
as a whole no matter what the age. Any demolition of a whole house
or the removal of an addition or removal of an outbuilding is required
to have a certificate of appropriateness. If the structure is to be
replaced, application for demolition will not be considered unless
a scale drawing/model example of the replacement structure is provided.
B.
In
accordance with City codes, the following criteria shall be used in
determining whether or not a structure has historical or architectural
significance.
1.
The structure's character, interest or value as part of the development,
heritage or cultural characteristics of the community, County, State
or country;
2.
The structure's location as a site of a significant local, County,
State or national event;
3.
The structure's identification with a person or persons who significantly
contributed to the development of the community, County, State or
country;
4.
The structure's embodiment of distinguishing characteristics of an
architectural style valuable for the study of a period, type, method
of construction or use of indigenous material;
5.
The structure's 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;
6.
The structure's embodiment of elements of design, detailing, materials
or craftsmanship which renders it architecturally significant;
7.
The structure's embodiment of design elements that make it structurally
or architecturally innovative;
8.
The structure's unique location or singular physical characteristics
that make it an established or familiar visual feature of the neighborhood,
community or City; or the fact that it has yielded, or may be likely
to yield, information important in history; and/or
9.
The structure's character as particularly fine or unique example
of a utilitarian structure, including, but not limited to, farmhouses,
schools, churches, public buildings, institutional offices, gas stations,
with a high level of integrity or architectural significance.
[Ord. No. 535 §3(6), 4-11-2002; Ord.
No. 957 §10, 10-11-2007]
A.
The
OTHDC 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 OTHDC shall
makes its determination within ninety (90) days from the date that
it first considers the completed application, unless otherwise extended
by the OTHDC and the applicant. The OTHDC 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 OTHDC 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.
B.
The
OTHDC 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 applicant
is considered denied. The OTHDC shall state, in writing, its reasons
for the approval, approval in amended form or denial of the applicant's
proposed plans. Within ten (10) working days following the determination,
the City Engineer shall provide written notice of the approval or
denial of the application for a certificate of appropriateness to
the applicant.
C.
A certificate
of appropriateness shall become void unless construction is commenced
within six (6) months of date of issuance or otherwise extended by
the OTHDC. Certificates of appropriateness shall be issued for a period
of eighteen (18) months and are renewable by the OTHDC. 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 City Engineer 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 Mayor or his/her designated
representative shall issue a stop work order and all work shall cease.
[Ord. No. 535 §3(7), 4-11-2002]
Whenever the City Engineer or the OTHDC 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 permit has occurred, the City Engineer shall
make every reasonable effort to contact the owners, occupants, contractor
or subcontractor and inform them of proper procedures. If the City
Engineer determines that a stop work order is necessary to halt an
action, the Mayor 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.
[Ord. No. 535 §3(8), 4-11-2002]
A.
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 City Engineer and shall be submitted to the City Engineer.
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 Board of Aldermen 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. Charles 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 document 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 licensed 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 Board
of Aldermen 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 Board of Aldermen 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 Board of Aldermen, one (1) person selected
by the applicant and one (1) person selected by the first two (2)
appointees. If the first 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 Board of Aldermen 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 Board of Aldermen 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 Board of Aldermen 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 Board of
Aldermen finds that the application of the standards set forth herein
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 Board of Aldermen shall be consistent with the
conclusions reached by the economic review panel unless, based on
all of the evidence and documentation presented, that the economic
review panel acted in an arbitrary manner or that its report was based
on an erroneous finding of a material fact.
[Ord. No. 535 §3(9), 4-11-2002]
A.
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.
B.
Definition Of Ordinary Maintenance. These architectural
guidelines have been written as an adjunct to regulations and ordinances
already in existence in order to more clearly define the history and
architecture of Old Town Historic District. The owner of any building
or structure in the district must keep the structure properly maintained
and repaired. The City requires property owners to prevent deterioration
of their property and, when necessary, repair or replacement of deteriorated
elements. For the sake of the health, safety and welfare of its inhabitants,
as well as property values and aesthetics, property owners should
be vigorous in preventing deterioration of the building or structure
and improvement on the site.
C.
Minimum Maintenance Requirement. All buildings and structures
designated 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:
1.
The deterioration of exterior walls or other vertical supports;
2.
The deterioration of roofs or other horizontal members;
3.
The deterioration of external chimneys;
4.
The deterioration or crumbling of exterior plasters or mortar;
5.
The peeling of paint, rotting, holes and other forms of decay;
6.
Broken windows;
7.
The lack of maintenance of surrounding environment, e.g., fences,
gates, sidewalks, steps, signs, accessory structures and landscaping;
8.
The deterioration of any feature so as to create or permit the creation
of any hazardous or unsafe condition or conditions.
D.
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 City Engineer. 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 City Engineer or Board of Aldermen, 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 City Engineer
or Board of Aldermen, 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. Each day during which any Subsection
of this Section is violated shall be a separate offense. Violation
of each Subsection hereof shall be punishable by a fine of not more
than five hundred dollars ($500.00) and/or imprisonment of not more
than six (6) months.
[Ord. No. 535 §3(10), 4-11-2002]
Applications for zoning amendments, special use permits or variances
affecting designated Historic District contributing resources for
structures within the Historic District shall be provided to the Planning
and Zoning Commission and the Board of Aldermen by the City Engineer.
The Commission and Board of Aldermen may review these applications
using any format which they deem 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.
[Ord. No. 535 §3(11), 4-11-2002]
Any person or persons jointly or severally aggrieved by any
decision of the Old Town Historic District Commission may present
to the Board of Aldermen a petition seeking relief under the Administrative
Procedure Act. Such petition must be presented to the Board of Aldermen
within thirty (30) days after the decision is rendered by the Old
Town Historic District Commission.
[Ord. No. 535 §3(12), 4-11-2002]
The provisions of the City Code governing violations of City
ordinances shall be applicable hereto with penalties set forth therein.
[Ord. No. 535 §4, 4-11-2002; Ord.
No. 957 §11, 10-11-2007]
The Old Town Historic District Commission shall consist of seven
(7) members. The Mayor shall be a permanent member of the Commission.
The other members shall be appointed to terms of five (5) years, except
for the original members who shall serve staggered terms. Upon expiration,
vacancy or resignation of any permanent member of the Old Town Historic
District Commission, the Mayor shall nominate a replacement member
to be ratified by the Board of Aldermen within sixty (60) days.
[Ord. No. 957 §12, 10-11-2007]
A.
The
OTHDC shall maintain a system for survey and inventory of historic
properties as follows:
1.
The OTHDC shall begin or continue a SHPO-approved process to identify
historic properties within its jurisdiction.
2.
A detailed inventory of the districts, sites and/or structures designated
within the OTHDC's jurisdiction shall be maintained.
3.
All inventory material shall be:
a.
In conformance with standards and guidelines for cultural resource
inventory as established by the SHPO;
b.
Compatible with Statewide comprehensive historic preservation planning
process;
d.
Accessible to the public (except archaeological site locations, which
shall be restricted);
e.
Updated periodically; and
f.
Available through duplicates on file with the SHPO.
4.
At the discretion of the SHPO, the requirement for submission of
duplicate inventory materials to the SHPO may be waived for the OTHDC's
not requesting pass-through funding.
