[CC 1985 § 25-419; Ord. No. 762 § 2, 10-7-2002]
Nominations shall be made to the
SJHPC on a form prepared by it and may be submitted by a member of
the SJHPC, owner of record of the nominated property or structure,
or the City Council. 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.
[CC 1985 § 25-420; Ord. No. 762 § 2, 10-7-2002]
A. The SJHPC 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.
B. Any structure, property, or area that meets
one 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.
[CC 1985 § 25-421; Ord. No. 762 § 2, 10-7-2002]
Upon receipt of a completed nomination
of a landmark or historic district, the SJHPC shall schedule a public
hearing to solicit input and comment on the proposed nomination and
guidelines for certificates of appropriateness.
[CC 1985 § 25-422; Ord. No. 762 § 2, 10-7-2002]
A. The SJHPC 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 Section
415.120 of this Article. The resolution 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;
2.
Explanation of the integrity or lack
of integrity of the nominated landmark or historic district.
B. In the case of a nominated landmark found
to meet the criteria for designation:
1.
The significant exterior architectural
features of the nominated landmark that should be protected;
2.
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 Articles
IV through
V of this Chapter;
3.
Archaeological significance and recommendations
for interpretation and protection.
C. In the case of a nominated historic district
found to meet the criteria for designation:
1.
The types of significant exterior
architectural features of the structures within the nominated historic
district that should be protected;
2.
The types of alterations and demolitions that should be reviewed for appropriateness pursuant to the provisions of Articles
IV through
V of this Chapter;
3.
The type and significance of historic
and prehistoric archaeological sites within the nominated historic
district;
4.
Proposals for design guidelines of
SJHPC review of certificates of appropriateness within the nominated
landmark or historic district;
5.
The relationship of the nominated
landmark or historic district to the ongoing effort of the SJHPC to
identify and nominate all potential cultural resources that meet the
criteria for designation;
6.
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;
7.
A map showing the location of the
nominated landmark and/or the boundaries of the nominated historic
district.
D. The recommendations and report of the SJHPC
shall be sent to the Planning and Zoning Commission within seven (7)
days following the vote on the resolution and shall be available to
the public in the office of the City Clerk.
[CC 1985 § 25-423; Ord. No. 762 § 2, 10-7-2002]
The Planning and Zoning Commission
shall schedule and hold a hearing on the nomination following receipt
of a report and recommendation from the SJHPC 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 ordinance amendments. 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.
[CC 1985 § 25-424; Ord. No. 762 § 2, 10-7-2002]
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 SJHPC 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 Article
IV of this Chapter. 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.
[CC 1985 § 25-425; Ord. No. 762 § 2, 10-7-2002]
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 this Article and the nominated landmark or historic district and all other information required by Article
IV of this Chapter.
[CC 1985 § 25-426; Ord. No. 762 § 2, 10-7-2002]
Notice of the determination of the
Planning and Zoning Commission, including a copy of the report, 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 Planning and
Zoning Commission 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 City Council.
[CC 1985 § 25-427; Ord. No. 762 § 2, 10-7-2002]
A 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 City Council.
[CC 1985 § 25-428; Ord. No. 762 § 2, 10-7-2002]
The City Council 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 City Council shall hold a public hearing before enacting the resolution or ordinance and provide notice and take testimony in the same manner as provided in Article
IV of this Chapter. Any resolution or ordinance shall be accompanied by a written statement explaining the reasons for the action of the City Council. The City Clerk shall provide written notification of the action of the City Council 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 City Council and shall be sent within seven (7) days of the City Council action. A copy of each designation ordinance shall be sent to the SJHPC, Planning and Zoning Commission and Building Inspector.
[CC 1985 § 25-429; Ord. No. 762 § 2, 10-7-2002]
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 St. James shall be amended to show the location
of the "District H-Historic" as an overlay zone.
[CC 1985 § 25-430; Ord. No. 762 § 2, 10-7-2002]
No building permit shall be issued
by the Building Inspector 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 SJHPC at which a nomination form is first presented until the
final disposition of the nomination by the City Council unless such
alteration, removal, or demolition is authorized by formal resolution
of the City Council as necessary for public health, welfare, or safety.
In no event shall the delay be for more than one hundred eighty (180)
days.
[CC 1985 § 25-431; Ord. No. 762 § 2, 10-7-2002]
Designation may be amended or rescinded
upon petition to the SJHPC and compliance with the same procedure
and according to the same criteria set forth herein for designation.