[R.O. 2009 §415.010; Ord. No. 619 §1, 6-19-2001]
A.
Purpose. The purpose of this Chapter is to promote the educational,
cultural, economic and general welfare of the community by:
1.
Providing a mechanism to identify and preserve the distinctive historic,
archaeological and architectural characteristics of Pasadena Hills,
which represent elements of the City's cultural, social, economic,
political and architectural history;
2.
Fostering civic pride in the beauty and noble accomplishments of
the past as represented in the Pasadena Hills' landmarks and historic
districts;
3.
Conserving and improving the value of property designated within
historic districts;
4.
Providing for economic benefits to encourage business and residential
owners to locate and invest in historically significant properties;
5.
Protecting and enhancing the quality of life within the City for
all existing residents, future renters and home buyers and visitors
and thereby supporting and promoting business, service-oriented commerce
and industry and providing economic benefit to the City;
6.
Fostering and encouraging preservation, restoration and rehabilitation
of the historic structures, areas and neighborhoods and thereby preventing
future urban blight in the surrounding areas of Pasadena Hills;
7.
Promoting the use of historic districts and landmarks for the education,
pleasure and welfare of the people of the City; and
8.
Promoting the identification, evaluation, protection and interrelation
of the prehistoric and historic archaeological resources within the
incorporated limits of the City.
B.
ALTERATION
AREA
BOARD OF ADJUSTMENT
CERTIFICATE OF APPROPRIATENESS
CERTIFICATE OF ECONOMIC HARDSHIP
CONSTRUCTION
CULTURAL RESOURCES
DEMOLITION
DESIGN GUIDELINE
EXTERIOR ARCHITECTURAL APPEARANCE
HISTORIC DISTRICT
HISTORIC SIGNIFICANCE
HPC
LANDMARK
MINIMUM MAINTENANCE
ORDINARY MAINTENANCE
OWNER OF RECORD
PUBLIC IMPROVEMENT PROJECT
REMOVAL
REPAIR
SECRETARY OF THE INTERIOR'S STANDARDS
SITE
STOP WORK ORDER
STRUCTURE
SURVEY
Definitions. Unless specifically defined below, words or
phrases in this Chapter shall be interpreted so as to give them the
same meaning as they have in common usage and so as to give this Chapter
its most reasonable application.
Any act or process that changes one (1) or more historic,
architectural or physical features of an area, site, landscape, place
and/or structure including, but not limited to, the erection, construction,
reconstruction or removal of any structure; the expansion or significant
modification of agricultural activities; and clearing, grading or
other modification of an area, site or landscape that changes its
current condition.
A specific geographic division of the City of Pasadena Hills.
A certificate issued by the Historic Preservation Commission
(HPC) indicating its approval of plans for alteration, construction,
removal or demolition of a landmark or of a structure within a historic
district.
A certificate issued by the HPC authorizing an alteration,
construction, removal or demolition, even though a certificate of
appropriateness has previously been denied.
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.
Districts, buildings, sites, structures, objects and evidence
of some importance to a culture, a subculture or a community for scientific,
engineering, art, tradition, religious or other reasons, significant
in providing resource and environmental data necessary for the study
and interpretation of past lifeways and for interpreting human behavior.
Any act or process which destroys in part or in whole a landmark
or a structure within a historic district or which threatens to destroy
a landmark or a structure within a historic district or which destroys
or threatens to destroy a potentially significant property or structure
by failure to maintain it in a condition of good repair and maintenance.
A standard of appropriate activity that will preserve the
historic, prehistoric, architectural, scenic and/or aesthetic character
of a landmark or historic district.
The architectural character and general composition of the
exterior of a structure including, but not limited to, the kind, color
and texture of the building material and the type, design and character
of all windows, doors, light fixtures, signs and appurtenant elements.
An area designated as a "historic district" which may include
individual landmarks, as well as other properties or structures which,
while not of such historic and/or architectural significance to be
designated as landmarks, contribute to the overall visual characteristics
and historical significance of the historic district.
Character, interest or value as part of the development,
heritage or culture of the community, County, State or country; as
the location of an important local, County, State or national event;
or through identification with a person or persons who made an important
contribution to the development of the community, County, State or
country.
The Historic Preservation Commission.
A property or structure designated as a "landmark", pursuant
to procedures prescribed herein, which is worthy of rehabilitation,
restoration, interpretation and preservation because of its historic,
architectural and/or archaeological significance to the City of Pasadena
Hills.
The minimum regulations governing the conditions and maintenance
of all existing structures as set forth in the Building Code of the
City.
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 of form.
The person, corporation or other legal entity listed as owner
on the records of the County Recorder of Deeds.
An action by the City of Pasadena Hills or any of its departments
or agencies involving major modification or replacement of streets,
sidewalks, curbs, street lights, street or sidewalk furniture, landscaping,
parking or other portions of the public infrastructure servicing commercial,
residential, recreational or industrial development; or any undertakings
affecting City parks or City owned structures.
Any relocation of a structure, object or artifact on its
site or to another site.
Any change that is not construction, alteration, demolition
or removal and is necessary or useful for continuing normal maintenance
and upkeep.
The Secretary of the Interior's Standards for the Treatment
of Historic Properties, which 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).
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.
An order directing an owner, occupant, contractor or subcontractor
to halt an action for which a certificate of appropriateness is required
and notifying the owner, occupant, contractor or subcontractor of
the application process for a certificate of appropriateness.
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, backstops for tennis courts,
radio and television antennae and towers, and swimming pools.
The systematic gathering of information on the architectural,
historic, scenic and archaeological significance of buildings, sites,
structures, areas or landscapes through visual assessment in the field
and historical research for the purpose of identifying landmarks or
districts worthy of preservation.
[R.O. 2009 §415.020; Ord. No. 619 §1, 6-19-2001]
A.
Composition. The Historic Preservation Commission (HPC)
shall consist of five (5) members who are residents of the City, and
all of whom shall be appointed by the Mayor with the consent of a
majority of the Board of Aldermen. In addition, the Mayor with the
consent of a majority of the Board of Aldermen shall appoint a member
of the Board of Aldermen and a member of the Planning and Zoning Commission
to serve as liaisons to their respective bodies. The liaison members
shall not vote and shall not hold office. All Commission members must
have a demonstrated interest, competence or knowledge in historic
preservation. To the extent available in the community, the HPC shall
include professional members representing such disciplines as architecture,
architectural history, prehistoric and historic archaeology, planning,
urban design, cultural geography, cultural anthropology, folklore,
curation, conservation, landscape architecture, law, real estate brokerage,
banking, history or other fields related to historic preservation
and residents of historic districts or potential historic districts.
B.
Terms. The terms of office of the members of the HPC shall
be for three (3) years, excepting that the membership of the first
(1st) HPC appointed shall serve respectively for terms of one (1)
for one (1) year; two (2) for two (2) years; and two (2) for three
(3) years. Vacancies shall be filled for the unexpired term only.
Action to fill vacancies shall be initiated within sixty (60) days.
The HPC shall hold at least four (4) meetings per year and any member
of the HPC who fails to attend at least fifty percent (50%) of all
meetings, regular and special, in any calendar year shall thereby
automatically vacate the membership.
C.
Officers. Officers shall consist of a Chairman and a Vice
Chairman elected by the HPC who shall each serve a term of one (1)
year and shall be eligible for re-election; but no member shall serve
as Chairman for more than two (2) consecutive years. The liaison representatives
shall not be eligible for office. The Chairman shall preside over
meetings. In the absence of the Chairman, the Vice Chairman shall
perform the duties of the Chairman. If both are absent, those present
shall elect a temporary Chairman. The Chairman shall appoint the Secretary
of the HPC, who shall have the following duties:
1.
Take minutes of each HPC meeting;
2.
Be responsible for publication and distribution of copies of the
minutes, reports and decisions to the members of the HPC;
3.
Give notice as provided herein by law for all public hearings conducted
by the HPC;
4.
Advise the Mayor of vacancies on the HPC and expiring terms of members;
and
5.
Prepare to submit to the Board of Aldermen a complete record of the
proceedings before the HPC on any matter requiring Board consideration.
D.
Meeting. A quorum shall consist of three (3) voting members.
All decisions or actions of the HPC shall be made by a majority vote
of those members present and voting at any meeting where a quorum
exists. Meetings shall be held at regularly scheduled times to be
established by resolution of the HPC at the beginning of each calendar
year or at any time upon the call of the Chairman, but no less than
once each quarter. Public notice of all meetings shall be posted in
conformance with standard City policy and Section 610.020, RSMo. No
member of the HPC shall vote on any matter that may materially or
apparently affect the property, income or business interest of that
member. The HPC shall take no action 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 HPC as provided herein.
The Chairman, and in his/her absence the acting Chairman, may administer
oaths and require the attendance of witnesses. All meetings of the
HPC shall be open to the public except as allowed by City ordinance
and State law. The HPC shall keep minutes of its proceedings, showing
the vote, indicating such fact, and shall keep records of its examinations
and other official actions, all of which shall be immediately filed
in the office of the City Clerk and shall be public record. All HPC
rules of procedure, designation criteria, design guidelines and forms
shall be available to the public at the office of the City Clerk.
E.
Funding. The Board of Aldermen shall annually appropriate
funds, within the budget limitations, for the operation of the HPC.
The HPC may, with the consent of the Board of Aldermen, apply for,
receive or expend any Federal, State or private grant, grant-in-aid,
gift or bequest in furtherance of the general purposes of this Chapter.
F.
Compensation. The members shall serve without compensation,
unless otherwise determined by the Board of Aldermen, but shall be
reimbursed for expenses they incur while on Commission business.
G.
Powers And Duties. The HPC shall have the following powers
and duties:
1.
To adopt its own procedural regulations, provided that such regulations
are consistent with the Municipal Code of the City and the Revised
Statutes of the State of Missouri;
2.
To conduct an ongoing survey for the identification of historically,
archaeologically and architecturally significant properties, structures,
sites and areas that exemplify the cultural, social, economic, political
or architectural history of the nation, State or City; and to maintain
the research information in an inventory accessible to the public
(except for archaeological site locations which shall be restricted);
3.
To investigate and recommend to the Planning and Zoning Commission
and to the Board of Aldermen the adoption of ordinances designating
for protection properties or structures having special cultural, historic,
archaeological, community or architectural value as "landmarks";
4.
To investigate and recommend to the Planning and Zoning Commission
and the Board of Aldermen the adoption of ordinances designating for
protection areas as having special cultural, historic, archaeological,
community or architectural value as "historic districts";
5.
To keep a register of all properties and structures which have been
designated as landmarks or historic districts, including all information
required for each designation;
6.
To confer recognition upon the owners of landmarks and property or
structures within historic districts by means of 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
to another;
7.
To advise and assist owners of landmarks and property or structures
within historic districts on physical and financial aspects of preservation,
renovation, rehabilitation and reuse and on procedures for inclusion
on the National Register of Historic Places;
8.
To nominate landmarks and historic districts to the Pasadena Hills
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;
9.
To inform and educate the citizens of the City of Pasadena Hills
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, the HPC or
other appropriate parties;
10.
To hold public hearings and to review applications for construction,
alteration, removal or demolition affecting proposed or designated
landmarks or structures within historic districts and issue or deny
certificates of appropriateness for such actions. Applicants may be
required to submit plans, drawings, elevations, specifications and
other information as may be necessary to make decisions;
11.
To hold public hearings on each proposed nomination of a landmark
and of a historic district on the guidelines developed for each nomination;
12.
To request the Building Commissioner or his/her designee to issue
stop work orders for any construction, alteration, removal or demolition
undertaken without a certificate of appropriateness or that violates
the conditions of a certificate;
13.
To review all applications for demolition permits within the corporate
limits of the City to determine impact to significant cultural resources,
including those not yet nominated as landmarks or as contributing
properties within a historic district;
14.
To consider applications for, and issue or deny, certificates of
economic hardship that would allow the performance of work for which
a certificate of appropriateness has been denied;
15.
To develop specific design guidelines based on the Secretary of the
Interior's Standards for Rehabilitation for the alteration, construction
or removal of landmarks or property and structures within historic
districts;
16.
To review proposed zoning amendments, applications for special use
permits or applications for zoning variances that affect proposed
or designated landmarks or historic districts and make a report to
the appropriate City reviewing body as designated in this Code;
17.
To administer on behalf of the City of Pasadena Hills any property
of historical significance or full or partial interest in real property,
including easements, that the City of Pasadena Hills may have or accept
as a gift or otherwise, upon prior approval by the Board of Aldermen;
18.
To accept and administer on behalf of the City of Pasadena Hills,
upon prior approval of the Board of Aldermen, such gifts, grants and
money as may be appropriate for the purposes of this Chapter. 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 HPC and the purposes
of this Chapter;
19.
To call upon available City staff members as well as other experts
for technical advice, upon the prior approval of the Board of Aldermen;
20.
To retain such specialists or consultants or to appoint such citizen
advisory committees as may be required from time to time upon the
prior approval of the Board of Aldermen;
21.
To testify before all boards and commissions, including the Planning
and Zoning Commission and the Board of Adjustment, on any matter affecting
historically, archaeologically, culturally and architecturally significant
property, structures, sites and areas;
22.
To make recommendations to the Board of Aldermen concerning budgetary
appropriations to further the general purposes of this Chapter;
23.
To develop a preservation component in the Master Plan of the City
of Pasadena Hills, if such a plan exists, and to recommend it to the
Planning and Zoning Commission and to the Board of Aldermen;
24.
To periodically review the Pasadena Hills Zoning Code and to recommend
to the Planning and Zoning Commission and the Board of Aldermen any
amendments appropriate for the protection and continued use of landmarks
or property, sites and structures within historic districts; and
25.
To undertake any other action or activity necessary or appropriate
to implement its powers and duties or to implement the purpose of
this Chapter.
[R.O. 2009 §415.030; Ord. No. 619 §1, 6-19-2001]
A.
The
HPC shall undertake an ongoing survey and research effort in the City
of Pasadena Hills to identify neighborhoods, areas, sites, structures
and objects that have historic, cultural, archaeological, architectural
or aesthetic importance, interest or value and shall maintain an inventory
of that information. Before the HPC shall, on its own initiative,
nominate any landmark for designation, it shall develop a plan and
schedule for conducting a comprehensive survey of the City of Pasadena
Hills to identify significant resources. As part of the survey, the
HPC shall review and evaluate any prior surveys and studies by any
unit of government or private organization and compile appropriate
descriptions, facts and photographs. The HPC shall systematically
identify potential landmarks and historic districts and adopt procedures
to nominate them based upon the following criteria:
1.
The potential landmarks and historic districts in one (1) identifiable
neighborhood or distinct geographical area of the City of Pasadena
Hills;
2.
The potential landmarks and historic districts associated with a
particular person, event or historical period;
3.
The potential landmarks and historic districts of a particular architectural
style or school or of a particular architect, engineer, builder, designer
or craftsman;
4.
The potential landmarks containing historic and prehistoric archaeological
resources with the potential to contribute to the understanding of
historic and prehistoric cultures;
5.
Such other criteria as the HPC may adopt to assure systematic survey
and nomination of all potential landmarks and historic districts within
the City of Pasadena Hills.
B.
All
inventory material shall be in conformance with standards and guidelines
for cultural resource inventory as established by the State Historic
Preservation Office.
[R.O. 2009 §415.040; Ord. No. 619 §1, 6-19-2001]
A.
General. Nominations shall be made to the HPC on a form
prepared by it and may be submitted by a member of the HPC, owner
of record of the nominated property or structure or the Board of Aldermen.
Nominations shall be turned in to the City Clerk who will within seven
(7) days of receipt mail a notification of intent to nominate to the
owner of record of the nominated property. Forms and criteria for
nomination will be available at the office of the City Clerk.
B.
Criteria For Consideration Of Nomination. The HPC shall,
upon such investigation as it deems necessary, make a determination
as to whether a nominated property, structure, site, area or district
meets one (1) or more of the following criteria based on Criteria
for Evaluation for the National Register of Historic Places:
1.
Its character, interest or value as part of the development, heritage
or cultural characteristics of the 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; and
13.
Its potential to yield information important to history and prehistory.
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Any structure, property or area that meets one (1) or more of
the above criteria shall also have sufficient integrity of location,
design, materials and workmanship to make it worthy of preservation
or restoration.
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C.
Public Hearing On Landmarks And Historic Districts. Upon
receipt of a completed nomination of a landmark or historic district,
the HPC shall schedule a public hearing to solicit input and comment
on the proposed nomination and guidelines for certificates of appropriateness.
D.
Report And Recommendation Of HPC. The HPC shall within forty-five (45) calendar days from receipt of a completed nomination in proper form consider the nomination and adopt a recommendation to the Planning and Zoning Commission that the nominated landmark or historic district does or does not meet the criteria for designation in Subsection (B) of this Section. The recommendation shall be accompanied by a report to the Planning and Zoning Commission containing the following information:
1.
Explanation of the significance or lack of significance of the nominated
landmark or historic district as it relates to the criteria for designation;
and
2.
Explanation of the integrity or lack of integrity of the nominated
landmark or historic district.
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In the case of a nominated landmark found to meet the criteria
for designation:
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1.
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The significant exterior architectural features of the nominated
landmark that should be protected;
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2.
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The types of construction, alteration, demolition and removal,
other than those requiring a building or demolition permit, that should
be reviewed for appropriateness pursuant to the provisions of this
Chapter; and
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3.
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Archaeological significance and recommendations for interpretation
and protection.
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In the case of a nominated historic district found to meet the
criteria for designation:
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1.
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The types of significant exterior architectural features of
the structures within the nominated historic district that should
be protected;
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2.
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The types of alterations and demolitions that should be reviewed
for appropriateness pursuant to the provisions of this Chapter;
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3.
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The type and significance of historic and prehistoric archaeological
sites within the nominated historic district;
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4.
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Proposals for design guidelines of HPC review of certificates
of appropriateness within the nominated landmark or historic district;
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5.
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The relationship of the nominated landmark or historic district
to the ongoing effort of the HPC to identify and nominate all potential
cultural resources that meet the criteria for designation;
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6.
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Recommendations as to appropriate permitted uses, special uses,
height and area regulations, minimum dwelling size, floor area, sign
regulations, lot size and parking regulations necessary or appropriate
to the preservation of the nominated landmark or historic district,
including recommendations for buffer zones to protect and preserve
visual integrity; and
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7.
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A map showing the location of the nominated landmark or the
boundaries of the nominated historic district.
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The recommendations and report of the HPC shall be sent to the
Planning and Zoning Commission within seven (7) days following the
vote on the recommendation and shall be available to the public in
the office of the City Clerk.
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E.
Notification Of Nomination. The Planning and Zoning Commission
shall schedule and hold a hearing on the nomination following receipt
of a report and recommendation from the HPC that a nominated landmark
or historic district does or does not meet the criteria for designation.
The meeting shall be scheduled, held and conducted in the same manner
as other meetings to consider applications for Zoning Map amendments
or Municipal Code amendments. Notice of the date, time, place and
purpose of the meeting and a copy of the completed nomination form
shall be made according to City Code and State law and shall be sent
by regular mail and certified mail, return receipt requested, to the
owner(s) of record and to the nominators.
F.
Public Hearing. Oral or written testimony concerning the significance of the nominated landmark or historic district shall be taken at the public hearing from any person concerning the nomination. The HPC may present expert testimony or present its own evidence regarding the compliance of the nominated landmark or historic district with the criteria for consideration of a nomination set forth in Subsection (B) of this Section. The owner of any nominated landmark or of any property within a nominated historic district shall be allowed reasonable opportunity to present evidence regarding significance and shall be afforded the right of representation by counsel and reasonable opportunity to cross-examine expert witnesses. The hearing shall be closed upon completion of testimony.
G.
Determination By Planning And Zoning Commission. Within sixty (60) calendar days following close of the public hearing, the Planning and Zoning Commission shall make a determination upon the evidence whether the nominated landmark or historic district does or does not meet the criteria for designation. Such a determination shall be made upon a motion and vote of the Planning and Zoning Commission and shall be accompanied by a report stating the findings of the Planning and Zoning Commission concerning the relationship between the criteria for designation in Subsection (B) of this Section and the nominated landmark or historic district and all other information required by this Chapter.
H.
Notification Of Determination. Notice of the determination
of the Planning and Zoning Commission, including a copy of the report,
shall be sent by regular mail and certified mail, return receipt requested,
to the owner(s) of record of a nominated landmark and of all property
within a nominated historic district and to the nominator within seven
(7) days following adoption of the determination. Within seven (7)
days following a determination by the Planning and Zoning Commission
that the nominated landmark or historic district does meet the criteria
for designation, a copy of the determination and report accompanied
by a recommendation that the nominated landmark or historic district
be designated shall be sent to the Board of Aldermen.
I.
Appeal. Determination by the Planning and Zoning Commission
that the nominated landmark or historic district does not meet the
criteria for designation shall be a final administrative decision
reviewable under the Missouri Administrative Procedure and Review
Act, provided however, that the nominator or any owner of the nominated
landmark or of property within the nominated historic district may
within thirty (30) days after the postmarked date of the notice of
the determination file with the City Clerk a written appeal to the
Board of Aldermen.
J.
Action By Board Of Aldermen. The Board of Aldermen shall, within sixty (60) calendar days after receiving the recommendation that the nominated landmark or historic district be designated or receiving a written appeal, either reject the recommendation or written appeal or approve the recommendation and designate the landmark or historic district. The Board of Aldermen shall first hold a public hearing and provide notice and take testimony in the same manner as provided in Subsection (F) of this Section. Any approval or rejection shall include an explanation of the reasons for the Board's action. The City Clerk shall provide written notification of the action of the Board of Aldermen by regular mail and certified mail, return receipt requested, to the nominator, the appellant, and the owner(s) of record of the nominated landmark or of all property within a nominated historic district. The notice shall include a copy of any designation ordinance passed by the Board of Aldermen and shall be sent within seven (7) days of the Board of Aldermen action. The City Clerk shall also give notice including copy of any designation ordinance to the HPC, Planning and Zoning Commission and Building Commissioner or his/her designee.
K.
The Designation Ordinance. Upon designation, the landmark
or historic district shall be classified as "District H — Historic",
and the designating ordinance shall prescribe the significant features;
the types of construction, alteration, demolition and removal, other
than those requiring a building or demolition permit, that should
be reviewed for appropriateness; the design guidelines for applying
the criteria for review of appropriateness; permitted uses; special
uses; height and area regulation; minimum dwelling size; floor area;
lot size; sign regulation; and parking regulations. The official Zoning
Map of the City of Pasadena Hills shall be amended to show the location
of the "District H — Historic" as an overlay zone.
L.
Interim Control. No building permit shall be issued by
the Building Commissioner or his/her designee for alteration, construction,
demolition or removal of a nominated landmark or of any property or
structure within a nominated historic district from the date of the
meeting of the HPC at which a nomination form is first presented until
the final disposition of the nomination by the Board of Aldermen unless
such alteration, removal or demolition is authorized by action of
the Board of Aldermen as necessary for public health, welfare or safety.
In no event shall the delay be for more than one hundred eighty (180)
days.
M.
Amendment And Rescission Of Designation. Designation may
be amended or rescinded upon petition to the HPC and compliance with
the same procedure and according to the same criteria set forth herein
for designation.
[R.O. 2009 §415.050; Ord. No. 619 §1, 6-19-2001]
A.
When Required. A certificate of appropriateness shall be
required before the following actions affecting the significance of
any landmark or any structure within a historic district may be undertaken:
1.
Any construction, alteration or removal requiring a building permit
from the City of Pasadena Hills;
2.
Any demolition in whole or in part requiring a demolition permit
from the City of Pasadena Hills;
3.
Any construction, alteration, demolition or removal affecting a significant
exterior architectural feature or appearance as specified in the ordinance
designating the landmark or historic district;
4.
Any construction, alteration or removal involving earth disturbing
activities that might affect archaeological resources; and
5.
Any actions to correct a violation of a minimum maintenance standard.
B.
Applications. Applications for a certificate of appropriateness
shall include accompanying plans and specifications affecting the
significance of a designated landmark or of a property within a designated
historic district; and applications for demolition permits shall include
plans and specifications for the contemplated use of the property.
The Building Commissioner or his/her designee shall forward applications
for building and demolition permits to the HPC within seven (7) days
following receipt of the application. A building or demolition permit
shall not be issued until a certificate of appropriateness has been
issued by the HPC. Any applicant may request a meeting with the HPC
before the application is reviewed by the HPC or during the review
of the application. Application for review of construction, alteration,
demolition or removal not requiring a building permit for which a
certificate of appropriateness is required shall be made on a form
prepared by the HPC and available at the office of the City Clerk.
The HPC shall consider the completed application at its next regular
meeting.
C.
Review. The HPC shall review the application for a building
or demolition permit or for a certificate of appropriateness and issue
or deny the permit within forty-five (45) days of receipt of the application.
D.
Notice. The HPC shall provide written notice of the approval
or denial of the application for a certificate of appropriateness
to the applicant and the Building Commissioner or his/her designee
within seven (7) days following the determination along with a certificate
of appropriateness in the case of an approval.
E.
Approval. A certificate of appropriateness shall become
void unless construction is commenced within six (6) months of date
of issuance. Certificates of appropriateness shall be issued for a
period of eighteen (18) months and are renewable. If the project is
not completed according to the guidelines provided in the certificate
of appropriateness, the project shall be deemed in violation of this
Chapter.
F.
Denial. A denial of a certificate of appropriateness shall
be accompanied by a statement of the reasons for the denial. The HPC
shall make recommendations to the applicant concerning changes, if
any, in the proposed action that would cause the HPC to reconsider
its denial and shall confer with the applicant and attempt to resolve
as quickly as possible the differences between the owner and the HPC.
The applicant may resubmit an amended application or reapply for a
building or demolition permit that takes into consideration the recommendation
of the HPC.
G.
Stop Work Order. Whenever the HPC 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, it shall request that
the Building Commissioner or his/her designee make every reasonable
effort to contact the owners, occupants, contractor or subcontractor
and inform them of proper procedures. If the HPC determines that a
stop work order is necessary to halt an action, it shall request the
Building Commissioner or his/her designee to post the stop work order
on the property and send a copy of the stop work order 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.
H.
Standards For Review. In considering an application for
a building or demolition permit or for a certificate of appropriateness,
the HPC shall be guided in principle by the Secretary of the Interior's
Standards, in addition to any design guidelines in the ordinance designating
the landmark or historic district. Applications, standards for review
and design guidelines shall be available in the office of the City
Clerk for distribution to the public.
1.
A property shall be used for its historic purpose or be placed in
a new use 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 shall be avoided.
3.
Each property shall be recognized as a physical record of its time,
place and use. Changes that create a false sense of historical development,
such as adding conjectural features or architectural elements from
other buildings, shall not be undertaken.
4.
Most properties change over time; those changes that have acquired
historic significance in their own right shall be retained and preserved.
5.
Distinctive features, finishes and construction techniques or examples
of craftsmanship that characterize a historic property shall be preserved.
6.
Deteriorated historic features shall be repaired rather than replaced.
Where the severity of deterioration requires replacement of a distinctive
feature, the new feature shall match the old in design, color, texture
and other visual qualities and, where possible, materials. Replacement
of missing features shall be substantiated by documentary, physical
or pictorial evidence.
7.
Chemical or physical treatments, such as sandblasting, that case
damage to historic materials shall not be used. The surface cleaning
of structures, if appropriate, shall be undertaken using the gentlest
means possible.
8.
Significant archaeological resources affected by a project shall
be protected and preserved. If such resources must be disturbed, mitigation
measures shall be undertaken.
9.
New additions, exterior alterations or related new construction shall
not destroy historic materials that characterize the property. The
new work shall be differentiated from the old and shall be compatible
with the massing, size, scale and architectural features to protect
the historic integrity of the property and its environment.
10.
New additions and adjacent or related new construction shall be undertaken
in such a manner that if removed in the future, the essential form
and integrity of the historic property and its environment would be
unimpaired.
I.
Design Guidelines. Design guidelines for applying the criteria
for review of certificates of appropriateness shall, at a minimum,
consider the following architectural criteria:
1.
Height. The height of any proposed alteration or
construction should be compatible with the style and character of
the landmark and with surrounding structures in a historic district.
2.
Proportions of windows and doors. The proportions
and relationships between doors and windows should be compatible with
the architectural style and character of the landmark and with surrounding
structures within a historic district.
3.
Relationship of building masses and spaces. The
setback and relationship of a structure within a historic district
to the open space between it and adjoining structures should be compatible.
4.
Roof shape. The design of the roof should be compatible
with the architectural style and character of the landmark and with
surrounding structures in a historic district.
5.
Landscaping. Landscaping should be compatible with
the architectural character and appearance of the landmark and of
surrounding structures and landscapes in historic districts.
6.
Scale. The scale of the structure after alteration,
construction or partial demolition should be compatible with its architectural
style and character and with surrounding structures in a historic
district.
7.
Directional expression. Facades in historic districts
should blend with other structures with regard to directional expression.
Structures in a historic district should be compatible with the dominant
horizontal or vertical expression of surrounding structures. The directional
expression of a landmark after alteration, construction or partial
demolition should be compatible with its original architectural style
and character.
8.
Architectural details. Architectural details including
materials, colors and textures should be treated so as to make a landmark
compatible with its original architectural style and character and
to preserve and enhance the architectural style or character of a
landmark or historic district.
9.
Signage. The character of signs should be in keeping
with the historic architectural character of a landmark or historic
district. Character of a sign includes the number, size, area, scale,
location, type (e.g., off-site advertising signs and on-site business
signs), letter size or style, and intensity and type of illumination.
10.
Minimum maintenance. Significant features should
be kept in a condition of good repair and maintenance. All structural
and mechanical systems should be maintained in a condition and state
of repair that will prevent decay, deterioration or damage to significant
features or otherwise adversely affect the historic or architectural
character of structures within a historic district.
11.
Appeals. If the HPC denies an application for a
certificate of appropriateness, the HPC shall work with the applicant
to arrive at a mutually satisfactory alternative to the proposed activities.
If agreement cannot be reached within six (6) months, the applicant
may file with the City Clerk a written appeal to the Board of Adjustment.
In acting upon the appeal, the Board may grant a variance from the
strict interpretation of this Chapter when such will not materially
affect the health or safety of the applicant and general public.
[R.O. 2009 §415.060; Ord. No. 619 §1, 6-19-2001]
A.
Public
improvement and land acquisition projects by the City of Pasadena
Hills or any of its departments or agencies shall be reviewed by the
HPC in the following manner:
1.
The HPC shall review and comment upon any public improvement project
proposed by the City of Pasadena Hills or any of its agencies or departments
within any 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 a historic district. The Building Commissioner or his/her
designee shall send a completed preliminary design for a public improvement
project to the HPC simultaneously with its submission to the Board
of Aldermen for approval. The HPC shall have at least thirty (30)
days to complete its review and report to the Board of Aldermen, except
when the Building Commissioner or his/her designee, if necessary to
accelerate the design review process, may specify a time less than
thirty (30) days within which the HPC shall complete its review and
report to the Board of Aldermen.
2.
The HPC shall review and comment upon any proposed acquisition of
a landmark or of land or buildings within a historic district by the
City of Pasadena Hills or any of its agencies or departments. The
Board of Aldermen or the Building Commissioner or his/her designee
shall, at the earliest possible date that will not interfere with
acquisition negotiations, send the HPC information concerning the
location, size, purchase price, current use and proposed use of the
land or building to be acquired and specify the date by which the
HPC shall report to the Board of Aldermen.
3.
The HPC shall review the public improvement or land acquisition projects
to determine its effect upon the historic, archaeological or architectural
character of the landmark or historic district and report to the Board
of Aldermen within any time specified by the Board of Aldermen or
Building Commissioner or his/her designee but not to exceed forty-five
(45) days. The report by the HPC shall include any recommendations
for changes to the preliminary design or land acquisition that will
lessen or alleviate any adverse effect of the proposed project upon
the historic, archaeological or architectural character of the landmark
or historic district. The Board of Aldermen shall take no final action
on the preliminary design or land acquisition until it has received
and reviewed the report of the HPC.
[R.O. 2009 §415.070; Ord. No. 619 §1, 6-19-2001]
A.
Application for a certificate of economic hardship shall be made on a form prepared by the HPC only after a certificate of appropriateness has been denied. The HPC shall schedule a public hearing concerning the application and provide public notice and individual notice to the applicant, owners of record and owners adjacent to the property in the same manner as in Section 415.040, and any person may testify at the hearing concerning economic hardship. All testimony, objections thereto and rulings at such public hearing shall be taken down by a reporter employed by the City for that purpose or, if electronic tape recording equipment is available, by such electronic means. The HPC may solicit expert testimony or require that the applicant for a certificate of economic hardship make submissions concerning any or all of the following information before it makes a determination on the application:
1.
Estimate of the cost of the proposed construction, alteration, demolition
or removal and an estimate of any additional cost that would be incurred
to comply with the recommendations of the HPC for changes necessary
for the issuance of a certificate of appropriateness;
2.
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;
3.
Estimated market value of the property in its current condition;
after completion of the proposed construction, alteration, demolition
or removal; after any changes recommended by the HPC and, in the case
of a proposed demolition, after renovation of the existing property
for continued use; and
4.
In the case of a proposed demolition, an estimate from a licensed
engineer, 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.
[R.O. 2009 §415.080; Ord. No. 619 §1, 6-19-2001]
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 described in the
Building Code of the City.
B.
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.
C.
Minimum Maintenance Requirement. All buildings and structures
designate by City ordinance as "H" shall be preserved against decay
and deterioration and free from certain structural defects in the
following manner by the owner thereof who 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 plasters or mortar;
5.
The deterioration or ineffective waterproofing of exterior walls,
roof and foundations, including broken windows or doors;
6.
The peeling of paint, rotting, holes and other forms of decay;
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.
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If minimum maintenance is not being maintained, the Building Commissioner or his/her designee shall notify the owner of the property. The notice shall be by regular mail and by certified mail, return receipt requested, and shall specify each item in the property or landmark that fails to meet minimum maintenance requirements. The owner of the property shall have thirty (30) days from the receipt of notice to comply with the minimum maintenance requirements. The Building Commissioner or his/her designee, 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 his/her designee, the owner of the property should fail to meet the minimum maintenance requirements, the owner of the property shall be in violation of this Section and punished in accordance with Section 100.220.
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[R.O. 2009 §415.090; Ord. No. 619 §1, 6-19-2001]
Applications for zoning amendments, special use permits or variances
for a landmark or structures within a historic district shall be referred
to the HPC at least fifteen (15) days prior to the date of the public
hearing set by the Planning and Zoning Commission or the Board of
Adjustment. The HPC may review these applications using any format
which it deems appropriate, provided however, 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 HPC shall forward its comments to
the Planning and Zoning Commission or Board of Adjustment for consideration
in reviewing the application.
[R.O. 2009 §415.100; Ord. No. 619 §1, 6-19-2001]
None of the provisions of this Chapter shall be construed to
prevent any measures of construction, alteration or demolition necessary
to correct or abate the unsafe or dangerous condition of any structure,
other feature or part thereof, where such condition has been declared
unsafe or dangerous by the Building Commissioner or his/her designee,
and where the proposed measures have been declared necessary to correct
the said condition; provided however, that only such work as is reasonably
necessary to correct the unsafe or dangerous condition may be performed
pursuant to this Section. In the event any structure or other feature
shall be damaged by fire or other calamity or by act of God or by
the public enemy, to such an extent that in the opinion of the aforesaid
department or departments it cannot reasonably be repaired and restored,
it may be removed in conformity with normal permit procedures and
applicable laws.
[R.O. 2009 §415.110; Ord. No. 619 §1, 6-19-2001]
A.
The
Board of Aldermen shall establish an appropriate system of processing
fees for the review of nominations and certificates of appropriateness.
B.
It
shall be unlawful for any person to undertake or cause an alteration,
construction, demolition or removal of any nominated or designated
landmark or structure within a nominated or designated historic district
without a certificate of appropriateness.
C.
It
shall be unlawful to not maintain designated landmarks or structures
within designated historic districts within the minimum maintenance
requirements of this Chapter.
