[Ord. No. 1206 §1, 1-20-2015]
A.
The Board of Aldermen finds and declares as a matter of public policy
that it is the intent of this Article to:
1.
Preserve, protect, enhance and perpetuate those structures,
buildings and improvements which reflect significant elements of the
City of Troy's cultural, artistic, engineering, historic or other
heritage;
2.
Identify and preserve the distinctive historic, archaeological
and architectural characteristics of Troy which represent elements
of the City's cultural, social, economic, political and architectural
history;
3.
Foster civic pride in the beauty and accomplishments of the
past;
4.
Conserve and improve the value of property designated as landmarks
or within historic districts;
5.
Promote the use and perpetuation of significant structures within
the historic preservation design area for the education, stimulation
and welfare of the people of the City;
6.
Protect and enhance the attractiveness of the City to home buyers,
tourists, visitors and shoppers and thereby supporting and promoting
business, commerce and industry and providing economic benefit to
the City;
7.
Develop and maintain appropriate settings and environments for
structures within the historic preservation design area;
8.
Foster and encourage preservation, restoration and rehabilitation
of the historic structures, areas and neighborhoods and thereby preventing
future urban blight;
9.
Preserve and encourage harmonious architectural styles, reflecting
the City's distinct phases of its history;
10.
Foster knowledge of the living heritage of the past;
11.
Promote and protect the public health, safety and general welfare
of the citizens of the City, including orderly development and coordination
of municipal growth and services;
12.
Promote the use of historic districts and landmarks for the
education, pleasure and welfare of the people of the City;
13.
Promote the identification, evaluation, protection and interpretation
of the prehistoric and historic archaeological resources within the
incorporated limits of the City;
14.
Minimize visual blight and avoid inappropriate and poor quality
of design; and
15.
Promote and encourage continued private ownership and use of
buildings and other structures to further the objectives of this Article.
[Ord. No. 1206 §1, 1-20-2015]
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 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 Troy, Missouri.
The Board established pursuant to Article XXI.
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 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 by ordinance of
the City Council 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, nevertheless
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.
Members of the Historic Preservation Commission.
A property or structure designated as a landmark by ordinance
of the City Council, pursuant to procedures prescribed herein, which
is worthy of rehabilitation, restoration, interpretation and preservation
because of its historic, architectural or archaeological significance
to the City of Troy, Missouri.
The minimum regulations governing the conditions and maintenance
of all existing structures, as set out in the BOCA Basic National
Existing Structures Code, First Edition (1984), as published by the
BOCA Building Officials and Code Administrators International, Inc.,
and adopted by reference, with certain amendments thereto by the City
Council of the City of Troy, Missouri, as such existing structures
code shall be amended from time to time by the City of Troy, Missouri.
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 Troy, Missouri, or any of its departments
or agencies involving major modification or replacement of streets,
sidewalks, curbs, streetlights, 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 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.
[Ord. No. 1206 §1, 1-20-2015]
A.
Composition Of Historic Preservation Commission. The Historic Preservation Commission (HPC) shall consist of nine
(9) members being either residents of the City of Troy, historic district
business and/or property owners in the historic district but residing
outside the City limits, all of whom shall be appointed by the Mayor
by and with approval of the majority vote of the Board of Aldermen
at any meeting. A member of the Board of Aldermen and of the Planning
and Zoning Commission shall be appointed to serve members of the HPC.
The member from the Board of Aldermen shall be a voting member, only
in the instance of a four (4)/four (4) split vote of the HPC and shall
not be able to be appointed as the chairperson of the HPC. The Chairperson
shall have the ability to cast his or her vote in any decision. The
Planning and Zoning Commission representative shall have the ability
to vote but shall not be able to be appointed as the chairperson of
the HPC. 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, if practical, 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. In the event that
there is a vacancy of a member position within the Historic Preservation
Commission, the vacancy must be filled within sixty (60) days. If
such position cannot be filled, an additional member of the Board
of Aldermen, an additional member of the Planning and Zoning Commission
representative or other City official may be appointed to fill such
position until a suitable replacement may be made. If an additional
Alderman is appointed as a member of the HPC the Alderman shall have
the ability to vote but shall not be appointed as the chairperson
of the HPC.
B.
Terms. The term of office of the members of the
HPC shall be for three (3) years, excepting that the membership of
the first HPC appointed hereunder shall serve respectively for terms
of three (3) members for one (1) year; two (2) members for two (2)
years; two (2) members for three (3) years. Vacancies shall be filled
for the unexpired term only. Any member of the HPC which is a member
of the Board of Aldermen or a member of the Planning and Zoning Commission
shall be allowed to serve for a term of two (2) years from the date
of appointment or until such person is not a member of his or her
respective Board, whichever is sooner.
C.
Compensation. The citizen members shall serve without
compensation.
D.
Officers. Officers shall consist of a Chairman and
a Vice Chairman elected by the HPC, who shall serve a term of one
(1) year and shall be eligible for reelection. 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, a temporary
Chairman shall be elected by those present. A Secretary shall be elected
and shall have the duty to record the minutes of the meeting. If the
Secretary is not present at a meeting the members of the HPC present
at the meeting shall select a temporary Secretary for such meeting.
The officers shall assure that the following duties of the HPC are
performed:
1.
Preparation of minutes of each HPC meeting;
2.
Publication and distribution of copies of the minutes, reports
and recommendations of the HPC to the members of the HPC;
3.
Provision of notice as required herein or by law for all public
hearings conducted by the HPC;
4.
Notification to the Mayor of vacancies on the HPC and expiring
terms of members;
5.
Preparation and submission to the Board of Aldermen of a complete
record of the proceedings before the HPC on any matter requiring the
Board of Aldermen consideration;
6.
Comply with the requirements of Chapter 610, RSMo., and recognize that the public policy of the State of Missouri is that all meetings, records, votes, actions, and deliberations of public governmental bodies are open to the public unless otherwise provided by law. Except as is provided in Chapter 610, all meetings of the HPC shall be open to the public, all votes shall be recorded and all records shall be open to the public for inspection and copying as provided in Chapter 610;
7.
Ensure that written notice of any HPC meeting where a quorum
is present shall be duly noticed as proscribed by the Missouri Sunshine
Law. Notice shall be provided as set forth in Section 610.020, RSMo.
Notice for regular meetings shall be provided at least twenty-four
(24) hours, exclusive of weekends and holidays, before a meeting of
the HPC. The written notice must be posted at City Hall and shall
include the time of the meeting; the place of the meeting; the tentative
agenda of an open meeting; and whether the meeting is open or closed.
If it is necessary to hold a meeting on less than twenty-four (24)
hours' notice or at a place which is not reasonably convenient to
the public, the nature of the good cause justifying the departure
from the normal requirements shall be stated in the minutes.
8.
All votes shall be recorded in the minutes, and any votes taken
in or about closed session shall be taken by roll call.
9.
All minutes and records of the HPC shall be delivered to the
designated Building Official for the City of Troy, Missouri. The HPC
shall not appoint a separate Custodian of Records as the official
Building Official of the City of Troy, Missouri, shall serve in this
capacity. Any request for records by a member of the public to a member
of the Board should be referred to the Building Official.
10.
The HPC shall promulgate and adopt such bylaws, rules and regulations
for its own guidance for the regulation of the HPC, which are not
inconsistent with the City's ordinances, State law or Federal law
if deemed necessary and provide such bylaws for approval by the Board
of Aldermen.
11.
Any finding or recommendation by the HPC to the Board of Aldermen
shall be a recommendation as to action or inaction only and shall
be subject to the approval or disapproval by the Board of Aldermen.
The HPC is an advisory commission to the Board of Aldermen and shall
not be construed as the final decision maker in any matter.
E.
Meetings. A quorum of the HPC shall consist of at
least five (5) 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. A minimum of four (4) meetings
shall be held per calendar year. 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. No member of the HPC shall vote on any matter which may
materially or apparently affect the property, income or business interest
of that member. No action shall be taken by the Commission which could
in any manner deprive or restrict the owner of a property in its use,
modification, maintenance, disposition or demolition until such owner
shall first have had the opportunity to be heard at a public meeting
of the HPC as provided herein. The Chairman and, in his absence, the
Acting Chairman may administer oaths and compel the attendance of
witnesses. All meetings of the HPC shall be open to the public. The
HPC shall keep minutes of its proceedings, showing the vote, indicating
such fact and shall be immediately filed in the office of the HPC
and shall be a public record.
F.
Funding. The Board of Aldermen may 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 Article.
G.
Powers And Duties. The HPC shall have the following
powers and duties:
1.
To adopt its own bylaws and procedural regulations, provided
that such regulations are consistent with this Article 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 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 Board of Aldermen the adoption
of ordinances designating for protection areas 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 or historic district 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 Missouri
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 Troy 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 and on the guidelines developed for each
nomination;
12.
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;
13.
To review proposed zoning amendments, applications for special
use permits or applications for zoning variances that affect proposed
or designated landmarks or historic districts;
14.
To administer on behalf of the City of Troy any property of
historical significance or full or partial interest in real property,
including easements, that the City of Troy may have or accept, as
a gift or otherwise, upon approval by the Board of Aldermen;
15.
To accept and administer on behalf of the City of Troy, upon
approval of the Board of Aldermen, such gifts, grants and money as
may be appropriate for the purposes of this Article. Such money may
be expended for publishing maps and brochures or for hiring staff
persons or consultants or performing other functions for the purpose
of carrying out the duties and powers of the HPC and the purposes
of this Article;
16.
To call upon available City staff members as well as other experts
for technical advice;
17.
To retain such specialists or consultants, with the approval
of the Board of Aldermen, or to appoint such citizen advisory committees
as may be required from time to time;
18.
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;
19.
To make recommendations to the Board of Aldermen concerning
budgetary appropriations to further the general purposes of this Article;
20.
To develop a preservation component in the Master Plan of the
City of Troy and to recommend it to the Planning and Zoning Commission
and to the Board of Aldermen;
21.
To undertake any other action or activity necessary or appropriate
to the implementation of its powers and duties or to implementation
of the purpose of this Article.
[Ord. No. 1206 §1, 1-20-2015]
A.
The HPC shall undertake an ongoing survey and research effort in
the City of Troy 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 or district for designation, it shall develop a plan
and schedule for conducting a comprehensive survey of the City of
Troy 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 Troy;
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 and historic districts containing historic
and prehistoric archaeological resources with the potential to contribute
to the understanding of historic and prehistoric cultures;
5.
Such other criteria as may be adopted by the HPC to assure systematic
survey and nomination of all potential landmarks and historic districts
within the City of Troy.
B.
All inventory material shall be in conformance with standards and
guidelines for cultural resource inventory as established by the State
Historic Preservation Office.
[Ord. No. 1206 §1, 1-20-2015]
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 Building Official
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
Building Official.
B.
Property Owner Objection To Nomination Or Placement As A
Historic Place Or Structure. If at any time after the nomination and before the passage of an ordinance or resolution by the Board of Aldermen under Subsection (H) herein, the owner of record of a nominated property or structure may file an objection to the nomination and a request for removal of the property or structure from consideration. The written request shall be provided in writing to the Building Official with a copy to the City Clerk. If such request is made, the present nomination and any action to place the property or structure as a historic place or structure shall cease. Such request shall not operate to allow future requests for nomination of the property or structure.
C.
Criteria For Consideration Of Nomination.
1.
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:
a.
Its character, interest or value as part of the development,
heritage or cultural characteristics of the community, County, State
or country;
b.
Its overall setting and harmony as a collection of buildings,
structures, objects where the overall collection forms a unit;
c.
Its potential to be returned to an accurate historic appearance
regardless of alterations or insensitive treatment that can be demonstrated
to be reversible;
d.
Its location as a site of a significant local, County, State
or national event;
e.
Its identification with a person or persons who significantly
contributed to the development of the community, County, State or
country;
f.
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;
g.
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;
h.
Its embodiment of elements of design, detailing, materials or
craftsmanship that render it architecturally significant;
i.
Its embodiment of design elements that make it structurally
or architecturally innovative;
j.
Its unique location or singular physical characteristic that
make it an established or familiar visual feature of the neighborhood,
community or City;
k.
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;
l.
Its suitability for preservation or restoration; and
m.
Its potential to yield information important to history and
prehistory.
2.
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.
D.
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 design review. Notice of the date, time, place and purpose of the
meeting and a copy of the completed nomination form shall be sent
by regular mail to the owner(s) of record and to the nominators.
E.
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 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.
F.
Report And Recommendation Of HPC. The HPC shall
within forty-five (45) calendar days from receipt of a completed nomination
in proper form adopt by resolution a recommendation that the nominated
landmark or historic district does or does not meet the criteria for
designation in this Section. The resolution shall be accompanied by
a report to the Board of Aldermen 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;
2.
Explanation of the integrity or lack of integrity of the nominated
landmark or historic district.
3.
4.
In the case of a nominated historic district found to meet the
criteria for designation:
5.
Proposals for design guidelines of HPC review of certificates
of design review within the nominated landmark or historic district;
6.
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;
7.
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;
8.
A map showing the location of the nominated landmark and/or
the boundaries of the nominated historic district.
G.
Notification Of Determination. Notice of the determination
of the HPC, including a copy of the report, which shall be provided
in writing, shall be sent by regular mail to the owner 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 resolution. Within seven (7) days following a determination
by the HPC that the nominated landmark or historic district does meet
the criteria for designation, a copy of the resolution and report
accompanied by a recommendation that the nominated landmark or historic
district be designated shall be sent to the Board of Aldermen.
H.
Appeal. A determination by the HPC that the nominated
landmark or historic district does not meet the criteria for designation
shall be a final administrative decision reviewable under chapter
536, RSMo., 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 Building Official a written appeal
to the Board of Aldermen.
I.
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 by formal resolution or designate the landmark or historic district by an ordinance. The Board of Aldermen shall hold a public hearing before enacting the resolution or ordinance and provide notice and take testimony in the same manner as provided in Section 405.920 of this Article. Any resolution or ordinance shall be accompanied by a written statement explaining the reasons for the action of the Board of Aldermen. The Building Official shall provide written notification of the action of the Board of Aldermen by regular mail 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 the designation ordinance or resolution passed by the Board of Aldermen and shall be sent within seven (7) days of the Board of Aldermen action. A copy of each designation ordinance shall be sent to the HPC., Planning and Zoning Commission and Building Official.
J.
The Designation Ordinance. Upon designation, the
landmark or historic district shall be classified as a 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 Troy shall be amended to show the location of the
District H — Historic as an overlay zone.
K.
Interim Control. No building permit shall be issued
by the Building Official 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 formal resolution
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.
L.
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.
[Ord. No. 1206 §1, 1-20-2015]
A.
This Article shall establish a mandatory design review for all developments
located within the historic preservation design area as depicted on
the Historic Preservation Design Review Map.
B.
The Historic Preservation Design Review Map and all the notations,
references and other information shown thereon are a part of this
Article and shall have the same force and effect as if such map and
all the notations, references and other information shown thereon
were all fully set forth or described herein, which Historic Preservation
Design Review Map is properly attested and is on file with the Building
Official.
[Ord. No. 1206 §1, 1-20-2015]
A.
Municipal Improvements. City Officials charged with
design responsibility for any municipal improvement, structure or
sign within the historic district shall hold preliminary discussions
on the proposed project with the HPC to obtain its preliminary recommendations
with respect to environmental, historic, architectural, aesthetic
and design considerations of the project. The HPC shall review municipal
improvements at the completions of the design development phase and
construction document phase or at any other time it deems necessary
to further the purposes of this Article. Any significant deviations
from a plan approved by the HPC shall be resubmitted to the HPC for
its further review and recommendation. The HPC's recommendations on
municipal improvements shall not be binding upon the City, but shall
be considered in the decisions of City Officials and the City Council.
B.
Requirement. No person shall begin or substantially
change any development subject to review under this Article without
first obtaining design review by the HPC and obtaining a certificate
of review or, in the case of demolition, a waiver as a result of review.
C.
Permits. No City permit or approval shall be issued
for any development for projects requiring HPC review without first
obtaining design review by the HPC and obtaining a certificate of
review or, in the case of demolition, a waiver as a result of review.
D.
Demolition. No demolition of any building or structure
subject to review under this Article shall begin without first obtaining
design review by the HPC of the proposed replacement development and
obtaining a certificate of review. In the event the applicant has
not determined a replacement development, the HPC may, after reviewing
the effects of the demolition, issue a waiver of design review prior
to demolition if it finds that the proposed demolition prior to design
review would not be detrimental to the purposes of this Article. In
the event of a finding by the City of an unsafe condition, an abatement
order may be issued by the City without compliance with this Subsection;
provided, that all reasonable efforts have first been made to preserve
and correct unsafe conditions rather than damage or demolish valuable
buildings, structures or objects.
[Ord. No. 1206 §1, 1-20-2015]
A.
The following activities do not require a certificate of review or
review by the HPC:
B.
Public Safety Exclusion. None of the provisions
of this Article 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 Inspector and where the proposed measures have been declared
necessary, by such department or departments, 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.
[Ord. No. 1206 §1, 1-20-2015]
A.
The following activities require a certificate of review or review
by the HPC:
1.
Exterior facade improvements on all structures located within
the historic preservation design review area.
2.
All new construction to include primary and accessory structures
within the National Register historic districts on the Historic Preservation
Design Review Map and the historic preservation design review area.
[Ord. No. 1206 §1, 1-20-2015]
The recommendations of the HPC set forth in a certificate of
review shall be advisory only and shall not be binding on the applicant
or any other person; provided, however, that the applicant may, at
his/her option, agree to certain binding conditions contained therein
in the course of approval of a variance, special use permit or other
City approval related to the development.
[Ord. No. 1206 §1, 1-20-2015]
Prior to submitting an application for design review and/or building permit, any person proposing a development which is subject to review under this Article may submit the plans required in Section 405.960 in preliminary or sketch form so that the comments and advice of the HPC may be incorporated into the plans submitted for application. Such preapplication consultations are encouraged to assist project proponents to achieve the best possible development and to facilitate timely review of the proposal whenever an application is made on the project.
[Ord. No. 1206 §1, 1-20-2015]
A.
Applications for design review shall be submitted to the HPC at the
Building Official Office and shall consist of a completed application
on a form prescribed by the HPC, accompanied by a site plan showing
the location of the building or buildings, parking, exterior lighting,
signs and landscaping; exterior elevations of the front and side with
a description of the type and finished color or exterior siding, windows
and roofing to be used; detailed drawings of architectural features,
signs and trim; historic and "as is" photographs of the subject building
or site and adjacent structures. All diagrams shall be drawn to scale.
The HPC may request additional information necessary for its review
and recommendation.
[Ord. No. 1206 §1, 1-20-2015]
Applications for zoning amendments, special use permits or variances
for a landmark or structures within a historic district shall be referred
to the HPC by the Planning and Zoning Commission 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, that the applicant shall be notified of the time and place
of such review and shall be given the opportunity to appear and be
heard. Within fifteen (15) days after receipt of said application,
the HPC shall forward its comments to the Planning Department for
presentation to the Planning and Zoning Commission for its consideration
in reviewing the application.
[Ord. No. 1206 §1, 1-20-2015]
A.
Upon receipt of a completed application for review, the Building
Official office shall notify the HPC and forward the application to
its members.
B.
The HPC shall set a public meeting time and place as soon as possible to review the application according to the design review standards established pursuant to Section 405.975. The HPC shall request the applicant and may request any design professionals assisting the applicant to attend the meeting. If the applicant or the applicant's representative fails to attend the meeting, an alternate meeting shall be scheduled by the HPC within thirty (30) days of the initial meeting; provided that in such event, the thirty-day review period prescribed in Subsection (D) of this Section shall not commence from the date of the application but shall instead commence on the date to which the meeting on the subject application is continued. Failure of the applicant or the applicant's representative to attend either the initial or continued meeting set for review of the application shall constitute a failure of the application requirements, and no permits shall be granted by the City on the project unless and until the applicant has reapplied for review and obtained a certificate of review pursuant to this Article.
C.
The HPC may, in the execution of its review, assign any portion of
the review of any application to any member or committee of the HPC;
provided that final action to issue a certificate of review shall
be made by a majority vote of the members present.
D.
Upon receipt of an application for a permit for development subject
to review under this Article, the HPC shall:
1.
Inform the applicant of the review requirements;
2.
Report receipt of the application to the HPC;
3.
Assist the HPC in considering building, zoning, sign and fire
code requirements which may apply to the proposed development; and
4.
Shall not issue any such permit until a certificate of review
has been obtained.
5.
Unless an extension is authorized by the applicant, the HPC
shall complete its review within thirty (30) days of receipt of a
complete application. In the event the HPC fails to issue a certificate
of review within such period, a certificate of review shall be deemed
to have been issued without recommendation as if the HPC had so acted.
E.
Any certificate of review shall be issued in writing.
[Ord. No. 1206 §1, 1-20-2015]
A.
Design guidelines for review of applications for certificates of
review shall, at a minimum, include 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 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 landmarks
and 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 alterations,
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 character of significant
architectural style and to preserve and enhance the landmark or historic
district.
9.
Signage. The character of signs should be in
keeping with the historic or 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 exterior architectural
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 present decay, deterioration or damage
to significant architectural features or otherwise adversely affect
the historic or architectural character of structures within a historic
district.
11.
In its review of proposals which are subject to this Article,
the HPC shall be guided by the Secretary of the Interior's Standards
for Rehabilitation and Guidelines for Rehabilitating Historic Buildings
(revised 1983), including, but not necessarily limited to, the following
standards for rehabilitation set forth therein:
a.
Every reasonable effort shall be made to provide a compatible
use for a property which requires minimal alteration of the building,
structure or site and its environment or to use a property for its
originally intended use.
b.
The distinguishing original qualities or character of a building,
structure or site and its environment shall not be destroyed. The
removal or alteration of any historic material or distinctive architectural
features should be avoided when possible.
c.
All buildings, structures and sites shall be recognized as products
of their own time. Alterations that have no historic basis and which
seek to create an earlier appearance shall be discouraged.
d.
Changes which may have taken place in the course of time are
evidence of the history and development of a building. These changes
may have acquired significance in their own right, and this significance
shall be recognized and respected.
e.
Distinctive stylistic features or examples of skilled craftsmanship
which characterize a building, structure or site shall be treated
with sensitivity.
f.
Distinctive architectural features shall be repaired rather
than replaced, wherever possible. In the event replacement is necessary,
the new material should match the material being replaced in composition,
design, color, 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 buildings or structures.
g.
The surface cleaning of structures shall be undertaken with
the gentlest means possible. Sandblasting and other cleaning methods
that will damage the historic building materials shall not be undertaken.
h.
Every reasonable effort shall be made to protect and preserve
archaeological resources affected by or adjacent to any project.
i.
Contemporary design for alterations and additions to existing
properties shall not be discouraged when such alterations and additions
do not destroy significant historical, architectural or cultural material
and such design is compatible with the size, scale, color, material
and character of the property, neighborhood or environment.
j.
Wherever possible, new additions or alterations to structures
shall 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. In addition, the HPC may also
from time to time adopt by rule additional or modified standards and
guidelines as authorized by the City Council as provided in this Article.
[Ord. No. 1206 §1, 1-20-2015]
Whenever the HPC has completed its review, it shall issue a
certificate of review on a form prescribed by the HPC. The certificate
of review shall include, but not necessarily be limited to, the following
information: the name of the applicant, the date the certificate is
issued, the location of the proposed development, a brief narrative
description of the development, specific reference to any and all
plans submitted by the applicant, whether or not the HPC finds the
proposed development to be contributing to the historic district and
any and all specific design recommendations made by the HPC on the
application.
[Ord. No. 1206 §1, 1-20-2015]
A.
Issuance of a certificate of review by the HPC does not constitute
or imply approval of any other permit or approval which may be required
for the development.
B.
No provision of this Article shall be interpreted as limiting the
authority of the hearings body or decision-making body to impose conditions
as authorized elsewhere in the Code of Ordinances of the City of Troy,
Missouri.
C.
Properties subject to review pursuant to this Article shall be subject
to the provisions set forth in this Article, as well as the bulk use,
setback and other provisions of the zoning district in which they
are located. Nothing contained in this Article shall be construed
to repeal, modify or waive any applicable provisions of State or local
laws, rules, regulations or ordinances. Such rules found within the
Code of Ordinances of the City of Troy, Missouri, shall still be applicable
to any properties subject to this Article.
D.
Neither the HPC nor its communities are delegated any executive or
legislative power, authority or responsibility.
