[Ord. No. 3058, 11-15-2022]
A.
Declaration.
The City Council finds and declares as a matter of public policy that
it is the intent of this Chapter to:
1.
Preserve, protect, enhance and perpetuate those structures, buildings,
properties and improvements of historical, cultural, archaeological,
architectural and aesthetic merit within the City of Charleston as
these are in the interest of the health, prosperity and welfare of
the people of the City;
2.
Safeguard the City's historic, aesthetic and cultural heritage, as
embodied and reflected in such landmarks and districts;
3.
Foster civic pride in the beauty and accomplishments of the past;
4.
Protect and enhance the City's attraction to visitors and the support
and stimulus to the economy thereby provided; and
5.
Promote the use of landmarks and historic districts for the education,
pleasure and welfare of the people of the City of Charleston, Missouri.
B.
It
is further declared that the purposes of this Chapter are:
1.
With respect to the properties in historic districts:
a.
To retain and enhance those properties which contribute to the character
of the historic district and to encourage their adaptation for current
use;
b.
To assure that alterations of existing structures are compatible
with the character of the historic district;
c.
To assure that new construction and subdivision of lots in a historic
district are compatible with the character of the historic district;
d.
To stabilize and improve property values in such districts; and
e.
To promote and encourage continued private ownership and use of buildings
and other structures to further the objectives of this Chapter.
[Ord. No. 3058, 11-15-2022]
As used in this Chapter, the following terms shall have these
prescribed meanings:
Any act or process that changes one (1) or more of the exterior
architectural features of a structure, including, but not limited
to, the erection, construction, reconstruction or removal of any structure.
A specific geographic division of the City of Charleston.
A certificate issued by the Charleston Historic Preservation
Commission (hereinafter CHPC; See CHPC definition below) indicating
its review of plans for alteration, construction, removal or demolition
of a landmark or of a structure within a historic preservation design
area.
The Charleston Historic Preservation Commission.
The City Council of the City of Charleston, Missouri.
The act of adding to an existing structure or the erection
of a new principal or accessory structure on a lot or property.
Any act or process which destroys, in part or in whole, a
landmark or a structure within a historic preservation design area
or which threatens to destroy a landmark or a structure within a historic
preservation design area by failure to maintain it in a condition
of good repair and maintenance.
A standard of appropriate activity that will preserve the
historic and architectural character of a structure or area.
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 other such
elements.
The official register of referential entries, letters, documents,
books, manuscripts, records, photographs, maps, plats and similar
items of importance in the City's history.
The Commission appointed by the Mayor with approval of the
City Council of the City of Charleston and authorized and directed
to carry out the provisions established by this Chapter for the preservation
of significant historical, natural, cultural, archaeological and architectural
features. Unless specifically stated otherwise in the Chapter, the
term "Commission" shall refer to the Historical Preservation Commission.
Any district or area, delineated by appropriate boundaries,
established by separate municipal ordinance subsequent to a determination
by the Historical Preservation Commission that such district or area
contains or includes structures or other features of historical, natural,
cultural, archaeological or architectural significance to the City.
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 and preservation because
of its historic and/or architectural significance to the City of Charleston.
The official register of historic sites, structures, districts
or other features designated as landmarks pursuant to the provisions
of this Chapter.
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.
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 Charleston or any of its departments
or agencies involving major modification or replacement of streets,
sidewalks, curbs, streetlights, street or sidewalk furniture, landscaping
or other portions of the public infrastructure servicing commercial,
residential or industrial development.
The Planning Commission of the City of Charleston established pursuant to Chapter 410.
A relocation of a structure on its site or to another site.
Any change that is not construction, removal or alteration.
Qualification standards used by the National Park Service,
and previously published in the Code of Federal Regulations, 36 CFR
61 that define minimum education and experience required to perform
identification, evaluation, registration, and treatment activities.
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 68 in the July 12,
1995, Federal Register (Vol. 60, No. 133). The most current version
of the standards should always be used.
Any area occupied or utilized by humans for a sufficient
length of time to construct features or deposit artifacts or any place
of evidence of past human activity. Sites include, but are not limited
to, occupation, location, work areas, evidence of farming or hunting
and gathering, burial remains, artifacts and structures of all types.
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, and/or billboards.
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. 3058, 11-15-2022]
There is hereby created a Commission to be known as the Charleston
Historic Preservation Commission of the City of Charleston, Missouri,
for the purpose of implementing the provisions of this Chapter.
[Ord. No. 3058, 11-15-2022]
A.
Composition
Of Historic Preservation Commission. The Charleston Historic Preservation
Commission (CHPC) shall consist of five (5) members, either residents
of the City of Charleston or owners of historic properties within
the City of Charleston, all of whom shall be appointed by the Mayor
and approved by the City Council. In addition, a member of the City
Council shall serve as an ex officio member but shall have no vote.
The City Manager will serve as the City's staff liaison to the CHPC.
All Commission members must have a demonstrated interest, competence
or knowledge in historic preservation. To the extent available in
the community, the CHPC shall include professional members representing
such disciplines as architecture, archaeology, anthropology, banking,
conservation, cultural geography, engineering, history, landscape
architecture, law, real estate brokerage, 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 CHPC shall be for three
(3) years, except that the membership of the first CHPC 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 CHPC shall hold at least
four (4) meetings per year and any member of the CHPC 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 Chair and a Vice Chair elected by the
CHPC who each shall serve a term of one (1) year and shall be eligible
for reelection. The City Council representative shall not be eligible
for office. The Chair shall preside over meetings. In the absence
of the Chair, the Vice Chair shall perform the duties of the Chair.
If both are absent, a temporary Chair shall be elected by those present.
The Secretary of the CHPC shall be appointed by the Board and shall
have the following duties:
1.
Take minutes of each CHPC meeting;
2.
Be responsible for publication and distribution of copies of the
minutes, reports, and decisions to the members of the CHPC;
3.
Give notice as provided herein by law for all public hearings conducted
by the CHPC;
4.
Advise the Mayor of vacancies on the CHPC and expiring terms of members;
and
5.
Prepare to submit to the City Council a complete record of the proceedings
before the CHPC on any matter requiring Council consideration.
D.
Meetings.
A quorum shall consist of three (3) of the voting members. All decisions
or actions of the CHPC 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 CHPC at the beginning of each calendar year or at any time
upon the call of the Chair, 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 CHPC shall
vote on any matter that may materially or apparently affect the property,
income, or business interest of that member. No action shall be taken
by the CHPC that could in any manner deprive or restrict the owner
of property in the owner's right of use, modification, maintenance,
disposition, or demolition. The Chair, and in his/her absence, the
acting Chair, may administer oaths and require the attendance of witnesses.
All meetings of the CHPC shall be open to the public except as allowed
by State law. The CHPC 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 CHPC
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 CHPC may, with the consent of the City Council, 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 CHPC members shall serve without compensation.
[Ord. No. 3058, 11-15-2022]
A.
The
Commission shall have the power to adopt rules, procedures and bylaws
for its operation in accordance with other provisions of this Chapter
and in accordance with rules, procedures and bylaws pertaining to
City Government operation. The Commission shall act in an advisory
capacity to the City Council, Mayor and City Manager in carrying out
activities required by City ordinances relating to the administration
of this Chapter and shall have the following powers and duties:
1.
To adopt its own bylaws and procedural regulations, provided that
such regulations are consistent with this Chapter 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;
3.
To investigate and recommend to the Planning Commission and to the
City Council the adoption of ordinances designating properties or
structures having special cultural, historic, archaeological, community
or architectural value as “landmarks”;
4.
To investigate and recommend to the Planning Commission and to the
City Council the adoption of ordinances designating 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 (1)
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 National Register
of Historic Places, and to review and comment on any nominations to
the National Register of Historic Places submitted to the CHPC upon
request of the Mayor or City Council;
9.
To inform and educate the citizens of the City of Charleston 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 CHPC, or other appropriate
parties;
10.
To review construction, alteration, removal or demolition projects
for which a building or demolition permit is required for the exterior
architectural appearance of the building and which have been referred
to the CHPC by the City, which projects may affect proposed or designated
landmarks or structures within historic districts, and issue certificates
of review and recommendations for such actions. Plans, drawings, elevations
and specifications (for building permits), photographs and/or other
information included as part of the building permit or demolition
applications will be provided (as available) to the CHPC by the Planning
Commission or by the City Manager or his/her designee in order to
allow the CHPC to undertake an informed review process;
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 U.S. 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 Charleston any property of
historical significance or full or partial interest in real property,
including easements, that the City of Charleston may have or accept
as a gift or otherwise, upon approval by the City Council;
15.
To accept and administer on behalf of the City of Charleston, upon
approval of the Council, 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 CHPC and the purposes of this Chapter;
16.
To call upon available City staff members as well as other experts
for technical advice;
17.
To testify before all boards and commissions, including the Planning
Commission, on any matter affecting historically and architecturally
significant property, structures, sites and areas;
18.
To make recommendations to the City Council concerning budgetary
appropriations to further the general purposes of this Chapter;
19.
To develop a preservation component in any Master Plan of the City
of Charleston and to recommend it to the Planning Commission and to
the City Council;
20.
To periodically review the City of Charleston Planning and Zoning
Ordinances and to recommend to the Planning Commission and to the
City Council any amendments appropriate for the continued use of landmarks
or property, sites and structures within historic districts; and
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 Chapter.
[Ord. No. 3058, 11-15-2022]
A.
Identification.
The CHPC shall undertake an ongoing survey and research effort in
the City of Charleston to identify neighborhoods, areas, sites, structures
and objects which have historic, community, architectural or aesthetic
importance, interest or value. As part of the survey, the CHPC shall
review and evaluate any prior surveys and studies by any unit of government
or private organization and compile appropriate descriptions, facts
and photographs. Before the CHPC shall, on its own initiative, nominate
any landmark for designation, it shall develop a plan and schedule
for completing a survey of the City of Charleston to identify potential
landmarks. The CHPC shall then systematically identify potential landmarks
and adopt procedures to nominate them in groups based upon the following
criteria:
1.
The potential landmarks in one (1) identifiable neighborhood or distinct
geographical area of the City of Charleston.
2.
The potential landmarks associated with a particular person, event
or historical period.
3.
The potential landmarks of a particular architectural style or school
or of a particular architect, engineer, builder, designer or craftsman.
4.
Such other criteria as may be adopted by the CHPC to assure systematic
survey and nomination of all potential landmarks within the City of
Charleston.
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. 3058, 11-15-2022]
A.
General.
Nominations shall be made to the CHPC on a form prepared by it and
may be submitted by the owner of record of the nominated property
or structure, or a member of the CHPC, Charleston Chamber of Commerce
and Tourism, Charleston Revitalization Movement (CHARM) or the City
Council with written consent from the building owner(s). 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 Designation Of Nomination. The CHPC 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 for local landmark designation, which are
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 location as a site of a significant local, County, State or National
event.
3.
Its overall setting and harmony as a collection of buildings, structures,
objects where the overall collection forms a unit.
4.
Its potential to be returned to an accurate historic appearance regardless
of alterations or insensitive treatment that can be demonstrated to
be reversible.
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
style 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
which render it architecturally significant.
9.
Its embodiment of design elements that make it structurally or architecturally
innovative.
10.
Its unique location or singular physical characteristics that make
it an established or familiar visual feature of the neighborhood,
community or City, or the fact that it has yielded or may be likely
to yield information important in history.
11.
Its character as a particularly fine or unique example of a utilitarian
structure, including commercial structures with a high level of integrity
or architectural significance.
12.
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.
C.
Public
Hearing On Landmarks And Historic Districts. Upon receipt of a completed
nomination of a landmark or historic district, the CHPC may schedule
a public hearing to solicit input and comment on the proposed nomination.
D.
Report
And Recommendation Of Charleston Historic Preservation Commission.
1.
The CHPC 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 Planning Commission and to
the City Manager containing the following information:
a.
Explanation of the significance or lack of significance of the nominated
landmark or historic district as it relates to the criteria for designation.
b.
Explanation of the integrity or lack of integrity of the nominated
landmark or historic district.
d.
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 or archaeological sites within the nominated historic
district.
(2)
Proposals for design guidelines which will guide CHPC recommendations
accompanying certificates of review within the nominated landmark
or historic district.
(3)
The relationship of the nominated landmark or historic district
to the ongoing effort of the CHPC to identify and nominate all potential
cultural resources that meet the criteria for designation.
(4)
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.
(5)
A map showing the location of the nominated landmark and/or
the boundaries of the nominated historic district.
2.
The recommendations and report of the CHPC regarding historic districts
shall be sent to the Planning Commission and City Manager within seven
(7) days following the vote on the resolution and shall be available
to the public in the office of the City Clerk.
[Ord. No. 3058, 11-15-2022]
A.
Notification
Of Nomination. The Planning Commission shall schedule and hold a hearing
on the nomination following receipt of a report and recommendation
from the CHPC that a nominated 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.
B.
Public
Hearing. Oral or written testimony concerning the significance of
the nominated landmark or historic district shall be taken at the
Planning Commission public hearing from any person concerning the
nomination. The CHPC 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 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.
C.
Determination
By Planning Commission. Within sixty (60) calendar days following
close of the public hearing, the Planning Commission shall make a
determination upon the evidence whether the nominated 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 Commission and
shall be accompanied by a report stating the findings of the Planning
Commission concerning the relationship between the criteria for designation
in this Section and the nominated historic district and all other
information required by this Section.
D.
Notification
Of Determination. Notice of the determination of the Planning Commission,
including a copy of the report, shall be sent by regular mail to the
owner of record 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 Commission that the nominated historic district does meet
the criteria for designation, a copy of the resolution and report
accompanied by a recommendation that the nominated historic district
be designated shall be sent to the City Council.
[Ord. No. 3058, 11-15-2022]
A.
Action
By City Council. The City Council shall, within sixty (60) calendar
days after receiving the recommendation that the nominated landmark
or historic district be designated or rejected, make a final determination
regarding the landmark or historic district by an ordinance.
B.
The
Designation Ordinance. Upon designation, the historic district shall
be classified as a District H - Historic, and the designating ordinance
shall prescribe the significant features, the types of projects requiring
a building or demolition permit that should be reviewed prior to being
undertaken, the design guidelines for applying the criteria for a
certificate of review, 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 Charleston
shall be amended to show the location of the "District H - Historic"
as an overlay zone.
C.
Amendment
And Rescission Of Designation. Designation may be amended or rescinded
upon petition by the property owner to the CHPC and compliance with
the same procedure and according to the same criteria set forth herein
for designation. Upon the purchase of a property in a locally designated
district, the purchaser will have the right to rescind designation
status or to apply for designation status.
D.
Appeal.
A determination 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.
[Ord. No. 3058, 11-15-2022]
A.
A certificate
of review shall be issued for the following actions affecting the
exterior architectural appearance of a landmark or structure within
a historic district. Interior renovations are excluded.
B.
Timing
Of Notification. Notification of applications received for building
and demolition permits for landmarks or structures within a historic
district shall be forwarded by the Codes Enforcement Office to the
CHPC within seven (7) days following receipt of a complete application.
C.
Materials
And Timing For Review By CHPC. The Codes Enforcement Office will share
any materials provided by the permit applicant with the CHPC so that
the CHPC may conduct an informed project review and make appropriate
recommendations as to how the project can be completed so that it
meets the Secretary of the Interior's standards. Shared materials
should include, but not necessarily be limited to, project descriptions,
current photographs of the building, and project design drawings (for
building permit applicants only). Any applicant may request a meeting
with the CHPC before the application is reviewed by the CHPC or during
the review of the application. The CHPC shall consider the completed
application and conduct the design review process at its next regular
meeting. Certificates of review, accompanied by written recommendations,
shall be issued by the CHPC within seven (7) calendar days of the
CHPC's project review, and given to the Codes Enforcement Department,
who will provide a copy to the permit applicant. Permit applicants
are encouraged but not required to be present at the CHPC reviews
of their projects in order to answer any questions the CHPC may have,
and to discuss the CHPC's recommendations that will accompany the
certificate of review. No additional paperwork or undue burden besides
the building or demolition permit will need to be completed during
this process by the building owner.
[Ord. No. 3058, 11-15-2022]
A.
The
CHPC may review the information accompanying an application for a
building or demolition permit, and, upon receipt of a complete application,
issue a certificate of review within thirty (30) days of receipt.
Written notice of the certificate of review shall be provided to the
applicant and the Codes Enforcement Office within seven (7) days following
the review and shall be accompanied by a certificate of review.
B.
A certificate
of review shall become void unless construction is commenced, or demolition
is completed within twelve (12) months of date of issuance. Certificates
of review shall be issued for a period of eighteen (18) months for
building permits and are renewable.
C.
Compliance
Shall Be Voluntary. Compliance with the CHPC recommendations accompanying
certificates of review will be entirely voluntary on the part of the
permit applicant. In the event of a major loss of historic integrity
as determined by the CHPC, the CHPC may recommend the historic designation
be removed.
[Ord. No. 3058, 11-15-2022]
A.
In considering a certificate of review and recommendations, the CHPC shall be guided in principle by the Secretary of the Interior's Standards for Rehabilitation, (See Subsections (A)(1) through (10), listed below), in addition to any design guidelines in the ordinance designating the landmark or historic district or adopted by separate ordinance. 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 cause
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.
B.
These
standards of review are intended to preserve and maintain the unique
historical significance of buildings and sites within the City of
Charleston. While CHPC recommendations are entirely voluntary, owners
of properties within designated historical districts are encouraged
to maintain the historical integrity of same to the extent possible.
[Ord. No. 3058, 11-15-2022]
A.
Design
guidelines for applying the standards for a certificate of review
shall, at a minimum, consider the following architectural criteria.
These guidelines are to be used for recommendation purposes by the
CHPC and do not bind the property owner in any way.
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 design, 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.
[Ord. No. 3058, 11-15-2022]
A.
Ordinary Maintenance Exclusion. Nothing in this Chapter shall be construed as to prevent the ordinary maintenance or repair of any exterior elements of any building or structure. (See Section 400.210, Definitions, for definition of “Ordinary Maintenance.”)
B.
Minimum
Maintenance Requirement.
1.
All buildings and structures designated by City Ordinance as "H"
(“Historic”) shall be preserved against decay and deterioration
and free from certain structural defects in the following manner,
by the owner thereof or such other person or persons who may have
the legal custody and control thereof shall repair such building if
it is found to have any of the following defects:
a.
The deterioration of exterior walls or other vertical supports.
b.
The deterioration of roofs or other horizontal members.
c.
The deterioration of external chimneys.
d.
The deterioration or crumbling of plasters or mortar.
e.
The deterioration or ineffective waterproofing of exterior walls,
roofs, and foundations, including broken windows or doors.
f.
The peeling of paint, rotting, holes, and other forms of decay.
g.
The lack of maintenance of surrounding environment, e.g., fences
gates, sidewalks, steps, signs, accessory structures, and landscaping.
h.
The deterioration of any feature so as to create or permit the creation
of any hazardous or unsafe condition or conditions.
2.
If minimum maintenance is not being maintained, the owner of the
property or other person having legal custody thereof shall be notified
by the City Manager or his/her designee. The notice shall be by certified
mail and shall specify each item in the property or landmark that
fails to meet minimum maintenance requirements. The owner or other
person having legal custody of the property shall have thirty (30)
days from the receipt of notice to comply with the minimum maintenance
requirements. The CHPC, for good cause shown, may extend the thirty-day
period. If after the original thirty-day period or any extension granted,
the owner or person having legal custody of the property should fail
to meet the minimum maintenance requirements, the CHPC may take action
to rescind designation status.
[Ord. No. 3058, 11-15-2022]
Applications for zoning amendments, special use permits, or
variances for a landmark or structures within a historic district
shall be referred to the CHPC by the City Building Official at least
fifteen (15) days prior to the date of the public hearing set by the
Planning and Zoning Commission. The CHPC 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 to be heard. Within fifteen
(15) days after receipt of said application, the CHPC shall forward
its comments to the City Building Official for presentation to the
Planning and Zoning Commission for their consideration in reviewing
the application.
[Ord. No. 3058, 11-15-2022]
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 City Building Official, 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 Chapter. 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.
