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HomeMy WebLinkAboutOrd.1762.08-21-1995BILL NO. 95-186 ORDINANCE NO. /-10a AN ORDINANCE AMENDING ARTICLE V OF CHAPTER 30 OF THE CODE OF ORDINANCES RELATING TO HISTORIC PRESERVATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 30-116 (b) of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Definitions", is hereby amended by the enacting of two (2) new definitions, in words and figures, to read as follows: Sec. 30-116. General provisions. (b) Definitions. Designation means the identification and registration of properties for protection that meet criteria established by the State or the locality for significant historic and prehistoric resources within the jurisdiction of a local government. Protection means a local review process under state or local law for proposed demolition of, changes to, or other action that may affect locally designated historic properties. ARTICLE 2. Section 30-119 (d) of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Criteria For Nomination For Designation", reading as follows: Sec. 30-119. Nomination of landmarks and historic districts. (d) Criteria for nomination for designation. A structure or site, portion of structure, group of structures, landscape element, or any integrated combination thereof may be designated for preservation if it: (1) Has significant character, interest or value, as part of the development, heritage or cultural characteristics of the city, state or nation; or is associated with the life of a person significant in the past. (2) Exemplifies the cultural, political, economic, social or historical heritage of the community. (3) Portrays the environment in an era of history characterized by a distinct architectural style. (4) Owing to its unique location or singular physical characteristics, represents an established and familiar visual feature of the neighborhood, community or city. (5) Any prehistoric/historic site(s) containing information of archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric research interest as set forth in the state historic preservation program master plan for cultural resources. is hereby repealed in is entirety and a new Section 30-119(d) entitled "Criteria For Nomination For Designation" is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 30-119. Nomination of landmarks and historic districts. (d) Criteria for nomination for designation. A structure or site, portion of structure, group of structures, landscape element, or any integrated combination thereof may be designated for preservation if it satisfies one (1) or more of the following criteria: (1) Has significant character, interest or value, as part of the development, heritage or cultural characteristics of the city, state or nation; or is associated with the life of a person significant in the past. (2) Exemplifies the cultural, political, economic, social or historical heritage of the community. (3) Portrays the environment in an era of history characterized by a distinct architectural style. (4) Owing to its unique location or singular physical characteristics, represents an established and familiar visual feature of the neighborhood, community or city. -2- (5) It is a prehistoric/historic, or combination of sites, containing information of archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric research interest as set forth in the state historic preservation program master plan for cultural resources. ARTICLE 3. Section 30-121 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Notification of Nomination and Public Hearing", reading as follows: Sec. 30-121. Notification of nomination and public hearing. The preservation commission shall schedule and hold a meeting on the nomination as to whether or not a nominated landmark or historic district meets 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 and to receive the viewpoints of affected property owners, residents and other interested citizens. 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. is hereby repealed in its entirety and a new Section 30-121 entitled "Notification of Nomination and Public Hearing" is hereby enacted in lieu thereof, in words and figures, reading as follows: Sec. 30-121. Notification of nomination and public hearing. The preservation commission shall schedule and hold a meeting on the nomination as to whether or not a nominated landmark or historic district meets the criteria for designation. The meeting shall be scheduled, held and conducted as a public hearing in the same manner as other hearings to consider applications for zoning map amendments or ordinance amendments and to receive the viewpoints of affected property owners, residents and other interested citizens. Notice of the date, time, place and purpose of the hearing, and a copy of the completed nomination form shall be sent by regular mail to the owner(s) of record and to the nominators. Notice of the public hearing shall also be listed on the commissionfs agenda for the date specified. -3- ARTICLE 4. Section 30-124 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Notification of Determination", reading as follows: Sec. 30-124. Notification of determination. Notice of the determination by the preservation commission, including a copy of the report, shall be sent to the owners of record of a nominated landmark, and owners of all property within a nominated historic district, and to the nominator within seven (7) days following a determination of the preservation commission as to whether or not the nominated landmark or historic district meets the criteria for designation. is hereby repealed in its entirety and a new Section 30-124 entitled "Notification of Determination", is hereby enacted in lieu thereof, in words and figures, to read as follows: See. 30-124. Notification of determination. Notice of the determination by the preservation commission, including a copy of the report, shall be sent to the owners of record of a nominated landmark, and owners of all property within a nominated historic district, and to the nominator within thirty (30) -days following a determination of the preservation commission as to whether or not the nominated landmark or historic district meets the criteria for designation. ARTICLE 5. Sections 30-125(a) and (b) of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: Sec. 30-125. Action by the city council. (a) The city council shall hold a public hearing before enacting the ordinance and provide notice in the same manner as provided in section 30-124. (b) After the public hearing, the city clerk shall provide written notification of the action of the city council by regular mail to the nominator, the owner(s) of record of the nominated landmark or to all property owners within a nominated historic district. The notice shall include a copy of the designation ordinance passed by the city council and shall be sent within fifteen (15) days of the city council action. A copy of each designation ordinance shall be sent to the preservation commission, the city planning and zoning commission, and the division of the planning services. If designated, the -4- landmark or historic district shall receive the supplemental classification "H" for historic structure or district, and the designating ordinance shall prescribe the significant architectural, historical or archaeological features that qualify the landmark for designation. A copy of the designating ordinance shall also be recorded with the county recorder of deeds. Upon adoption of a designating ordinance by the city council, the historic preservation commission shall provide, at its expense, a permanent plaque of appropriate design, dimensions and materials denoting the designation as an historic structure or landmark and cause such plaque to be attached to the structure in an appropriate location. Such plaques shall also be required for all historic structures or landmarks in any designated historic district. Such plaques shall conform fully with the provisions of section 30-135. are hereby repealed in their entirety and new Section 30-125(a) and (b) and hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 30-125. Action by the city council. (a) Upon receipt of a recommendation from the planning and zoning commission, the City Council shall proceed in the normal manner provided for zoning ordinance and map amendments, as set forth in Section 30- 5. Said procedure shall include a public hearing with notice as specified in Section 30-5. Notice of the hearing shall also be provided in the manner specified in Section 30-124. (b) After the public hearing, the city clerk shall provide written notification of the action of the city council by regular mail to the nominator, the owner(s) of record of the nominated landmark or to all property owners within a nominated historic district. The notice shall include a copy of the designation ordinance passed by the city council and shall be sent within thirty (30) days of the city council action. A copy of each designating ordinance shall be sent to the preservation commission, the city planning and zoning commission, and the division of planning services. If designated, the landmark or historic district shall receive the supplemental classification "H" for historic structure or district, and the designating ordinance shall prescribe the significant architectural, historical or archaeological features that qualify the landmark for designation. A copy of the designating ordinance shall also be recorded with the county recorder of deeds. Upon adoption of a designating ordinance by the city council, -5- the historic preservation commission shall provide, at its expense, a permanent plaque of appropriate design, dimensions and materials denoting the designation as an historic structure or landmark and cause such plaque to be attached to the structure in an appropriate location. Such plaques shall also be required for all historic structures or landmarks in any designated historic district. Such plaques shall conform fully with the provisions of section 30-135. ARTICLE 6. Section 30-135 (f) (3 ) of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: (f) Projections beyond property line. (3) The 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. (Note: BOCA section 1911.0 limits projecting signs to two (2) feet inside street curbline.) is hereby repealed in its entirety and a new Section 30-135(f)(3) is hereby enacted in lieu thereof, in words and figures, to read as follows: (f) Projections beyond property line. (3) The 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. (Note: BOCA section 3102.10.2 limits projecting signs to two (2) feet inside street curbline.) ARTICLE 7. Section 30-139 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Review of Public Improvement Projects", reading as follows: Sec. 30-139. Review of public improvement projects. Public improvements by the city or any of its departments or agencies shall be reviewed by the preservation commission in the following manner: (1) The preservation commission shall review and comment upon any public improvement project proposed by the city or any of its agencies or departments within any historic district, on the site of or within one hundred eighty-five (185) feet of any landmark, or within one hundred eighty-five (185) feet of any boundary of a historic district. The division of planning services shall send a completed preliminary design for a public improvement project to the city council for approval. The preservation commission shall have at least thirty (30) days to complete its review and report to the city council. The division of planning services, if necessary to accelerate the design review process, may specify a time less than thirty (30) days within which the preservation commission shall complete its review and report to the city council. The report by the preservation commission shall include any recommendations for changes to the preliminary design that will lessen or alleviate any adverse effect of the proposed project upon the historic or architectural character of the landmark or historic district. The city council shall take no final action on the preliminary design until it has received and reviewed the report of the preservation commission. (2) The preservation commission shall review and make recommendations upon any acquisition by the city or any of its agencies or departments of a landmark or building within a historic district. The city council or the division of planning services shall, at the earliest possible date that will not interfere with acquisition negotiations, send the preservation commission information concerning the location, size, current use, and proposed use of the land or building to be acquired, and specify the date by which the preservation commission shall report to the city council. Orm is hereby repealed in its entirety and a new Section 30-139 entitled "Review of Capital Improvement Projects" is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 30-139. Review of capital improvement projects. Public improvements by the city or any of its departments or agencies shall be reviewed by the preservation commission in the following manner: (1) The preservation commission shall review and comment upon any capital improvement project proposed by the city or any of its agencies or departments within any historic district, on the site of or within one hundred eighty-five (185) feet of any landmark, or within one hundred eighty-five (185) feet of any boundary of a historic district. The preservation commission shall have thirty (30) days to complete its review and report to the city planner. The division of planning services, if necessary to accelerate the design review process, may specify a time less than thirty (30) days within which the preservation commission shall complete its review and report. The report by the preservation commission shall include any recommendations for changes to the preliminary design that will lessen or alleviate any adverse effect of the proposed project upon the historic or architectural character of the landmark or historic district. The commission's report along with responses shall be presented with the public improvement plans to the council for approval. (2) The preservation commission shall review and make recommendations upon any acquisition by the city or any of its agencies or departments of any designated landmark or of any building within a historic district. The city council or the division of planning services shall, at the earliest possible date that will not interfere with acquisition negotiations, send the preservation commission information concerning the location, size, current use, and proposed use of the land or building to be acquired, and specify the date by which the preservation commission shall report to the city council. ARTICLE 8. 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 9. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 10. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS _�� DAY OF OJC. ,dt , 19 r ATTEST: Gayle6t. Conrad Deputy City Clerk •ter/iII'�J.��/ a