HomeMy WebLinkAboutOrd.4306.04-16-2012 BILL NO. 12-31 ORDINANCE NO. �W(V
AN ORDINANCE AMENDING SECTION 30-352 OF THE
CITY CODE RELATING TO HISTORIC OVERLAY
DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS :
ARTICLE 1 . Section 30-352 (k) of the Code of Ordinances of
the City of Cape Girardeau, Missouri, relating to Certificate of
appropriateness; review procedure, reading as follows :
Sec . 30-352 . - H, historic overlay district .
(k) Certificate of appropriateness; review procedure. All
applications for a Certificate of appropriateness shall be
reviewed and considered within sixty (60) days of the
filing of the application. Determinations will be based on
the approval criteria set forth in this article and
generally accepted preservation policies as determined and
set forth by the historic preservation commission.
(1) Applications for a certificate of appropriateness
shall be reviewed by the historic preservation
commission and formal action shall be taken by
majority vote .
(2) Written notice of the approval or denial of the
application for a certificate of appropriateness shall
be provided to the applicant and the director
following the determination.
(3) Upon the approval of an application, the planning
services office may, if all other applicable
requirements are met, issue a certificate . The
certificate may specify any conditions of approval
under which the work shall be completed to be in
compliance with the approved application.
(4) Upon the denial of an application, a statement of
the reasons for denial shall accompany the written
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notice . The historic preservation commission shall
make recommendations to the applicant concerning
changes, if any, in the proposed action, which would
cause the historic preservation commission to
reconsider its denial . The applicant may submit an
amended or revised application that takes into
consideration the recommendations .
is hereby repealeedd in its entirety, and a new Section 30-352 (k)
relating to Certificate of appropriateness; review procedure, is
hereby enacted in lieu, in words and figures, to read as
follows :
(k) Certificate of appropriateness; review procedure. All
applications for a certificate of appropriateness shall be
reviewed and considered within sixty (60) days of the
filing of the application. Determinations will be based on
the approval criteria set forth in this article and
generally accepted preservation policies as determined and
set forth by the historic preservation commission.
(1) Applications for a certificate of appropriateness
shall be reviewed by the historic preservation
commission and formal action shall be taken by
majority vote . The historic preservation commission
may delegate the review and approval or denial of a
certificate of appropriateness application to the city
manager or his/her designee where the application is
limited to one or more of the following:
a. Exterior changes to a building or structure
arising from an emergency situation that
requires immediate attention. Examples
include repairs due to a storm, tornado,
earthquake, flood, fire, act of vandalism,
etc . where the interior of the building or
structure is exposed to the weather, and
there is a change in material, color,
texture, finish, or other characteristic .
b. Temporary signs
Approval of such applications may only be granted if
the proposed work is in compliance with the City Code .
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The historic preservation commission shall be notified
of any applications approved or denied.
(2) Written notice of the approval or denial of the
application for a certificate of appropriateness shall
be provided to the applicant following the
determination.
(3) Upon the approval of an application, the planning
services office may, if all other applicable
requirements are met, issue a certificate . The
certificate may specify any conditions of approval
under which the work shall be completed to be in
compliance with the approved application.
(4) Upon the denial of an application, a statement of
the reasons for denial shall accompany the written
notice . The historic preservation commission shall
make recommendations to the applicant concerning
changes, if any, in the proposed action, which would
cause the historic preservation commission to
reconsider its denial . The applicant may submit an
amended or revised application that takes into
consideration the recommendations .
ARTICLE 2 . Section 30-352 (m) of the Code of Ordinances of
the City of Cape Girardeau, Missouri, relating to Certificate of
appropriateness; appeal procedure, reading as follows :
(m) Certificate of appropriateness; appeal procedure. An
appeal of the denial of a certificate of appropriateness by
the historic preservation commission shall be filed with
the division of planning services within thirty (30) days
of the date of denial . The appeal shall be submitted for
review by the planning and zoning commission. The planning
and zoning commission must render a decision within sixty
(60) days of the filing of the appeal or the appeal shall
be deemed to have been denied. It shall require a favorable
vote a majority of the members of the planning and zoning
commission to overturn the decision of the historic
preservation commission.
is hereby repealed in its entirety, and a new Section 30-352 (m)
relating to Historic Certificate of appropriateness; appeal
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procedure, is hereby enacted in lieu, in words and figures, to
read as follows :
(m) Certificate of appropriateness; appeal procedure. An
appeal of the denial of a certificate of appropriateness
shall be filed with the division of planning services
within thirty (30) days of the date of denial . The appeal
of a denial by the historic preservation commission shall
be reviewed by the planning and zoning commission. The
planning and zoning commission must render a decision
within sixty (60) days of the filing of the appeal or the
appeal shall be deemed to have been denied. It shall
require a favorable vote by a majority of the members of
the planning and zoning commission present at the meeting
to overturn the decision of the historic preservation
commission. The appeal of a denial by the city manager or
his/her designee shall be reviewed by the historic
preservation commission. The decision of the historic
preservation commission to uphold or overturn an appeal
shall not be further appealed to the planning and zoning
commission.
ARTICLE 3 . Section 30-352 (n) of the Code of Ordinances of
the City of Cape Girardeau, Missouri, relating to Certificate of
appropriateness; hardship appeal procedure, reading as follows :
(n) Certificate of appropriateness; hardship appeal
procedure.
(1) If an appeal of the denial of a certificate of
appropriateness is based solely upon hardship, proof
of hardship shall be the burden of the property owner
for consideration by the planning and zoning
commission.
(2) Reversal of a historic preservation commission
denial based solely upon hardship shall not be
approved unless the applicant presents clear and
convincing evidence that may include the following
criteria:
a. Any deterioration or damage cited to establish
hardship shall not be due to the present owner' s
willful act, neglect or inattention to
maintenance and repairs . Evidence showing that
the owner or applicant failed to maintain or
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protect the property, or performed or permitted
any acts to the detriment of the property, may be
used as a basis to reject allegations of
hardship;
b. For income producing property, a reasonable
rate of return cannot be obtained from the
property if it retains its historic features or
structures in either its present condition or if
its features or structures are rehabilitated; or
c . For non-income producing property, the
property has no beneficial use in its present
condition or if rehabilitated.
iso erebyrepealed in its entirety, and a new Section 30-352 (n)
relating to Certificate of appropriateness; hardship appeal
procedure, is hereby enacted in lieu, in words and figures, to
read as follows :
(n) Certificate of appropriateness; hardship appeal
procedure.
(1) If an appeal of the denial of a certificate of
appropriateness is based solely upon hardship, proof
of hardship shall be the burden of the property owner.
(2) Reversal of a certificate of appropriateness
denial based solely upon hardship shall not be
approved unless the applicant presents clear and
convincing evidence that may include the following
criteria:
a. Any deterioration or damage cited to establish
hardship shall not be due to the present owner' s
willful act, neglect or inattention to
maintenance and repairs . Evidence showing that
the owner or applicant failed to maintain or
protect the property, or performed or permitted
any acts to the detriment of the property, may be
used as a basis to reject allegations of
hardship;
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b. For income producing property, a reasonable
rate of return cannot be obtained from the
property if it retains its historic features or
structures in either its present condition or if
its features or structures are rehabilitated; or
c . For non-income producing property, the
property has no beneficial use in its present
condition or if rehabilitated.
ARTICLE 4 . Section 30-352 (p) of the Code of Ordinances of
the City of Cape Girardeau, Missouri, relating to Certificate of
appropriateness; lapse in work, reading as follows :
(p) Certificate of appropriateness; lapse in work. Approval
of any certificate of appropriateness shall be effective
for a period of one hundred eighty (180) days, at the end
of which time a building permit shall have been issued for
the action(s) so authorized. In the event that a building
permit has not been issued within one hundred eighty (180)
days or at such time work is suspended or abandoned for a
period exceeding one hundred eighty (180) days, the
certificate of appropriateness shall be null and void, and
the applicant shall be required to submit a new certificate
of appropriateness application for consideration by the
historic preservation commission.
is hereby repealed, in its entirety, and a new Section 30-352 (p)
relating to Certificate of appropriateness; lapse in work, is
hereby enacted in lieu, in words and figures, to read as
follows :
(p) Certificate of appropriateness; lapse in work. Approval
of any certificate of appropriateness shall be effective
for a period of one hundred eighty (180) days, at the end
of which time a building permit, if required, shall have
been issued for the action(s) so authorized. In the event
that a required building permit has not been issued within
one hundred eighty (180) days or at such time work is
suspended or abandoned for a period exceeding one hundred
eighty (180) days, the certificate of appropriateness shall
be null and void, and the applicant shall be required to
submit a new certificate of appropriateness application.
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ARTICLE 5 . Section 30-352 (q) of the Code of Ordinances of
the City of Cape Girardeau, Missouri, relating to Fees and
penalties, reading as follows :
(q) Fees and penalties. The city council shall establish an
appropriate system for processing fees for the review of
nominations and certificate of appropriateness .
(1) It shall be unlawful for any person to undertake
or cause an alteration, construction, demolition or
removal of any nominated or designated property or
landmark or property within a nominated or designated
historic district without a certificate of
appropriateness . Any person convicted of violating the
provisions of this article shall be punished by a fine
no greater than five hundred dollars ($500 . 00) or
confinement in the city jail for a period not to
exceed sixty (60) days, or by both fine and
confinement . Each day each violation shall continue to
exist shall constitute a separate violation.
(2) It shall be unlawful not to maintain designated
property or landmarks, or property within a designated
historic district within the minimum maintenance
requirements of section 30-352 (t) .
is hereby repealed in its entirety, and a new Section 30-352 (q)
relating to Fees and penalties, is hereby enacted in lieu, in
words and figures, to read as follows :
(q) Fees and penalties. The city council shall establish an
appropriate system for processing fees for the review of
nominations and certificate of appropriateness .
(1) It shall be unlawful for any person or entity to
undertake or cause an alteration, construction,
demolition or removal of any nominated or designated
landmark or property within a nominated or designated
historic district without a certificate of
appropriateness . Any person or entity convicted of
violating the provisions of this section shall be
subject to the penalties set forth in section 30-205 .
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(2) It shall be unlawful not to maintain designated
property or landmarks, or property within a designated
historic district within the minimum maintenance
requirements of section 30-352 (t) .
ARTICLE 6 . Section 30-352 (s) (1) of the Code of Ordinances
of the City of Cape Girardeau, Missouri, relating to Signs;
Permit required, reading as follows :
(s) Signs.
(1) Permit required. Irrespective of provisions in any
ordinance of the city relating to signs, all signs for
a landmark or buildings in a historic district not
specified in the designating ordinance must receive a
certificate of appropriateness from the historic
preservation commission, which shall review the
proposed sign in accordance with the following general
guidelines . No public hearing shall be required for an
application for a certificate of appropriateness for a
sign which is otherwise in conformance with the city' s
ordinances affecting signs .
is hereby repealed in its entirety, and a new Section 30-352 (s)
(1) relating to Signs; Permit required, is hereby enacted in
lieu, in words and figures, to read as follows :
(s) Signs.
(1) Permit required. Irrespective of provisions in any
ordinance of the city relating to signs, all permanent
signs for a landmark or building-& in a historic
district not specified in the designating ordinance
must receive a certificate of appropriateness from the
historic preservation commission, which shall review
the proposed sign in accordance with the following
general guidelines . The city manager or his/her
designee may approve certificate of appropriateness
applications for temporary signs in accordance with
section 30-352 (k) .
ARTICLE 7 . Section 30-352 (s) (8) of the Code of Ordinances
of the City of Cape Girardeau, Missouri, relating to Projections
beyond property line, reading as follows :
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(8) Projections beyond property line. There should be
no projections beyond the property line other than as
described below, or as allowed by other sections of
this article .
a. Sun protection/weather protection devices are
permitted only in the form of awnings . Awnings
should be of canvas, or of a planar surface of
metal or similar smooth surface . Awnings should
be located no higher than sixteen (16) feet and
should extend no lower than eight (8) feet .
Awnings should be a color (s) and design that
compliments the existing facade and that do not
cover or damage significant structural or
decorative elements .
b. Individual wall lighting fixtures projecting
beyond property lines may be used, providing
fixtures are consistent with the period or the
design of the building facade; the total wattage
per fixture is no more than one hundred (100)
watts; the fixture does not emit glare or harsh
bright spots; the fixture is mounted no lower
than seven (7) feet six (6) inches nor higher
than nine (9) feet above the elevation of the
ground floor; and the fixture extends from the
property line not more than sixteen (16) inches,
with no dimensions greater than sixteen (16)
inches .
c . The historic preservation commission may adopt
a standardized sign which may project beyond
property lines and which may be used by all
property owners or businesses within a district .
Such sign shall be no lower than seven (7) feet
six (6) inches nor higher than ten (10) feet
above the elevation of the ground floor, shall
extend from the property line not more than three
(3) feet, and shall have no dimension greater
than three (3) feet . (Noted BOCA Section
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3102 . 10 . 2 limits projecting signs to two (2) feet
inside street curbline . )
d. Signs already in existence on the date of the
adoption of this section.
ri_ s .here by :repealed in its entirety, and a new Section 30-352 (s)
(8) relating to Projections beyond property line, is hereby
enacted in lieu, in words and figures, to read as follows :
(s) (8) Projections beyond property line. There should be
no projections beyond the property line other than as
described below, or as allowed by other sections of this
article .
a. Sun protection/weather protection devices are
permitted only in the form of awnings . Awnings
should be of canvas, or of a planar surface of
metal or similar smooth surface . Awnings should
be located no higher than sixteen (16) feet and
should extend no lower than eight (8) feet .
Awnings should be a color (s) and design that
compliments the existing facade and that do not
cover or damage significant structural or
decorative elements .
b. Individual wall lighting fixtures projecting
beyond property lines may be used, providing
fixtures are consistent with the period or the
design of the building facade; the total wattage
per fixture is no more than one hundred (100)
watts; the fixture does not emit glare or harsh
bright spots; the fixture is mounted no lower
than seven (7) feet six (6) inches nor higher
than nine (9) feet above the elevation of the
ground floor; and the fixture extends from the
property line not more than sixteen (16) inches,
with no dimensions greater than sixteen (16)
inches .
c . The historic preservation commission may adopt
a standardized sign which may project beyond
property lines and which may be used by all
property owners or businesses within a district .
Such sign shall be no lower than seven (7) feet
six (6) inches nor higher than ten (10) feet
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above the elevation of the ground floor, shall
extend from the property line not more than three
(3) feet, and shall have no dimension greater
than three (3) feet .
d. Signs already in existence on the date of the
adoption of this section.
ARTICLE 8 . Section 30-352 (t) (5) of the Code of Ordinances
of the City of Cape Girardeau, Missouri, relating to Maintenance
of historic properties, reading as follows :
(t) Maintenance of historic properties.
(5) If minimum maintenance is not being maintained,
the owner of the property or other person having legal
custody thereof shall be notified by the historic
preservation commission. 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 historic
preservation commission, for good cause shown, may
extend the thirty-day period. If, after the original
thirty-day period or any extension granted by the
preservation commission, the owner or person having
legal custody of the property should fail to meet the
minimum maintenance requirements, the owner or person
having legal custody of the property shall be in
violation of this section and punished in accordance
with section 30-352 (q) .
is hereby repealed in its entirety, and a new Section 30-352 (t)
relating to Maintenance of historic properties, is hereby
enacted in lieu, in words and figures, to read as follows :
(t) Maintenance of historic properties.
(5) If a designated local historic district or
landmark property is not being maintained, the owner
of the property or entity having legal custody thereof
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shall be notified by the city manager or his/her
designee . The notice shall be by certified mail and
shall specify each item that fails to meet the minimum
maintenance requirements . The owner or entity having
legal custody of the property shall have thirty (30)
days from the date of the notice to comply with the
minimum maintenance requirements . The city manager or
his/her designee, for good cause shown, may extend the
thirty-day period. If, after the original thirty-day
period or any extension granted by the city manager or
his/her designee, the property should fail to meet the
minimum maintenance requirements, the owner or entity
having legal custody of the property shall be in
violation of this section and subject to the penalties
set forth in section 30-205 .
ARTICLE 9 . If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held
invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the
validity of the remaining portions hereof .
ARTICLE 10 . This Ordinance shall be in full force and
effect from and after its passage and approval .
PASSED AND APPROVED this �U/ day of 2012 .
Harry E . Re Iger, Mayor
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ATTEST:
Gayle . Conrad, City Cler
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