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HomeMy WebLinkAboutRules of Procedure.10-16-1990 RULES of PROCEDUREn :•-,w,•„,- -,_ 1 4i!l.1....‘1.ti0.h1:•-•:'‘,,'.L:•_-,4;,.'......;,1-.-1M-,.,4;-. .;„,c;_g,•.-I 4-.i•.—l•.'•,z•_1i.!.1_•/.a.,:-_'., •.-si- i•-.•„;-%-I4,l-..•s-. '-_-.••-..?.-.1-..•t”-.:.I..„:.t--.•i.-i-a,•-...rf%_-.....-__1.-.2--.r7I..4t.:.7-1o..G—_..-i1-.-.,4‘1't..4......-..---.'.7:...•.:.-.-...'a'4ar,I-h..-•-vF1.-_1•:=:s_-A,_L-4-ia_i_-L..u 0.---•- --- "-i-A*..s..t.tt:.tZ,-.••t-'A,-.e- .',•.1.Z.••.... ..•:.r...::.:..--.1::.-- 4.•k.::.TT itI.T4b'•t7tkait 'l'`'iIv-.-.4sSt.•,-i.i.'.I.0•A./ig.„tA„_Vo.4uI,_.it..4_prA,e-•r,•l-,1 ;,.i-.... ._'_i't4-.',.- = : - 4 Y. 2 —7 - . I --•. i - i ,j_-.._• , . —- -----..-....._-_-..........._ . .... __ 4: - ------:- _ 1 1------- --:---...___ ii-''' -- A,t.-7..1.; • .. -z-,,.,.....,_ -..- di. --,! •-• - q ._• -•- -‘,,u - - . • 7". 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'..'''.. .11r -..'-.-:-.: •.- - ....i7.7.----_•-.....--%--:-.-- ell, ---___-...- -_ _-_ • ---'ii...i......_-• ----'"--. -."..;..-.-...-.. - - ---- -- -..c._ ...-- •-.,.-;. . :. ----..-.--,-...--....... ......-.-•.•:,-.-- ... .---....-----.... - - -.:.•?-.............A.ne . - 2------_-----i....-.1''' • ..-- 7 . ..• ..- ....,. ... ..',10..... ..... --..........-.....,a...ma- ..... ..---- -, ..,._ -1-4a .'1. ' *saCe" .?"...'4a".71- -..--_ „is....,. .,, ,.....,.... -741.4161"" 1611106.1166Emin Historic Preservation Commission of ) . -..T :.-v "---c) z_1:12 L 1 I , , .., -s _ .........„ _, „......, Adopted October 16, 1990 RULES OF PROCEDURE /1"141 HISTORIC PRESERVATION COMMISSION INDEX Page No. I. DEFINITIONS 1.1 Council 1 1.2 Commission 1 ' 1. 3 Conflict of Interest 1 II. PURPOSE OF HISTORIC PRESERVATION COMMISSION 1 III. POWERS AND DUTIES OF COMMISSION 1 IV. OFFICERS 4 . 1 Organization 2 4 .2 Chairman 2 4 . 3 Vice Chairman 2 4 . 4 Temporary Chairman 3 4 .5 Secretary V. MEETINGS 5. 1 Regular Meetings 3 5.2 Special Meetings 3 5. 3 Quorum 3 ilim 5. 4 Attendance 3 5. 5 Personal Interest 4 5. 6 Action By The Commission 4 5.7 Order Of Business/Agenda 4 5.8 Recording Of Proceedings 4 5.8 . 1 Administrative Procedures 5 5.9 Initial Hearings 5 5.9 . 1 Standards for Review 7 5. 10 Voting Procedures 7 5. 11 Recommendations Of Commission/Report 7 To Council 5. 12 Other Information 8 VI. COMMITTEES 6. 1 Establishment 8 6. 2 Appointments 8 6. 3 Meetings 9 6. 4 Cooperation With Interested Groups 9 VII. PROCEDURES FOR MAKING APPLICATION TO THE HISTORIC PRESERVATION COMMISSION 7. 1 Procedures To Petition For Historic Nomination 9 RULES OF PROCEDURE HISTORIC PRESERVATION COMMISSION I. DEFINITIONS 1. 1 Council. The chief legislative body of the City of Cape Girardeau. 1. 2 Commission. The Historic Preservation Commission. 1. 3 Conflict of Interest. A conflict between the private interests and the official responsibilities of a person in a position of trust, whether the interests be personal or financial. II. PURPOSE OF HISTORIC PRESERVATION COMMISSION The purpose of the Historic Preservation Commission and these rules and regulations is to promote, facilitate and encourage enforcement of the laws of the State of Missouri and the Ordinances of the City of Cape Girardeau, Missouri, with respect to proper municipal planning and zoning, and to promote the protection and enhancement of buildings, structures or land improvements of special ieN historic, aesthetic or architectural significance which are required in the interest of promoting the educational, cultural, economic and general welfare of the City of Cape Girardeau. III. POWERS AND DUTIES OF COMMISSION 3 . 1 The Commission shall act in an advisory capacity to the City Council in carrying out activities required by Ordinance 819. 3 .2 The Commission shall initiate and recommend property and/or properties for proposed designations as Landmarks and/or Historic Districts and review and comment on proposed designations. 3 . 3 The Commission shall review applications for Certificates of Appropriateness. 3 .4 The Commission shall review applications for designation of historic landmarks or historic districts. 3 . 5 The Commission shall review applications for special use permits, proposed zoning amendments, or applications for zoning variances, for a landmark or within a historic district, and to make recommendations concerning such requests to the Planning and Zoning Commission or Board of Adjustment. 3 . 6 The Commission shall increase public awareness of the value of historic, architectural and cultural preservation. 3 .7 The Commission may submit National Reigster nomination forms to the State Office of Historic Preservation. 3 . 8 The Commission may investigate possible funding sources for preservation of historic landmarks or historic districts. 3 .9 The Commission shall establish and maintain a survey and inventory of historic properties. 3 . 10 The Commission may through its surveys and research identify architecturally significant properties, areas, landmarks and structures and notify property owners of their eligibility for nomination as a landmark or district. 3 . 11 The Commission shall maintain a register of significant undesignated properties, and distribute said- register to appropriate agencies and bodies. 3 . 12 The Commission shall undertake any other activities required by ordinance or resolution of the City Council. IV. OFFICERS AND DUTIES OF OFFICERS 4 . 1 The Commission shall organize annually at the regular May meeting. A chairman, vice chairman, and secretary shall be elected in accordance with Section 30-86 of the Zoning Ordinance. 4 .2 The Chairman shall preside at all meetings, appoint committees, and perform such other duties as may be ordered by the Commission. 4. 3 In the absence of the Chairman, the Vice Chairman shall act as Chairman and shall have all the powers of the Chairman. The Vice Chairman shall have such other powers and duties as may from time to time be provided by the rules of the Commission. 4 .4 In the absence of both the Chairman and Vice- Chairman, a temporary Chairman shall be elected by those present and shall have all the powers em41 2 . 1144, of the Chairman and such other powers and duties as may from time to time be provided by the rules of the Commission. 4.5 The Secretary shall execute documents in the name of the Commission, perform the duties hereinafter listed and shall perform such other duties as the Commission may determine. V. MEETINGS 5. 1 Regular Meetings Meetings of the Commission will be held at 7 . 00 P.M. in the Council Chambers at City Hall the third Tuesday of each month. At least five (5) days prior to the time of any regular meeting of the Commission, members shall be mailed copies of all items for which hearings are to be held, along with any other items requested to be discussed by the Commission. 5.2 Special Meetings Special meetings may be called at the request of the Chairman, at the request of five (5) members of the Commission, or at the request of the Council. Notices of special meetings shall be mailed or phoned to each member at least twenty-four (24) hours prior to the time set for such meeting, except that announcement of a special meeting when made at any meeting at which a majority of the members are present shall be sufficient notice of such meeting as to such members present. 5. 3 Quorum A quorum shall consist of five (5) members, which is a majority of the Commission. All decisions or actions of the Commission shall be made by a majority vote of those members present and voting at any meeting where a quorum exists. The Commission consists of nine (9) members. 5.4 Attendance Members on the Commission are appointed for a term of three (3) years. It is the duty of all members to attend all regular and special meetings and • any committee meetings to which a member is appointed. Should any member be absent for more than two (2) successive meetings or for more than 25% of all meetings within a twelve (12) month period without good and sufficient cause, such absence shall be cause for the Chairman to review with the member continued membership. The Chairman shall report his findings to the Commission, which shall 3 . f l recommend to the Council whether or not to request the member's resignation. Any member who shall resign (voluntarily or involuntarily) shall submit a written resignation to the Council who shall make the appointment to fill any vacancy. 5. 5 Personal Interest Any commissioner who has a financial interest, as defined by the statutes of the State of Missouri, direct or indirect, in any application before the Commission shall make known that interest to the Commission and shall refrain from voting upon or otherwise participating in his capacity as a commissioner on that application. Any commissioner who willfully violates the requirements of this section shall be guilty of malfeasance in his position and shall forfeit his position. Violation of this section with the knowledge, expressed or implied, of the person making application to the Commission shall result in the application being denied. 5. 6 Action By The Commission The votes of a majority of members present shall be required to either approve or disapprove any action by the Commission. The votes of a majority of members present shall be required to approve or amend any plan or policy. 5. 7 Order Of Business/Agenda A. Call to order. B. Recording of the roll. C. Approval of minutes. D. Initial hearing on all applications. E. Review and action on all applications. F. Un-finished business. G. New business. H. Adjournment. 5. 8 Recording Of Proceedings It shall be the duty of the Secretary to keep an accurate record of all proceedings of the Commission. The Secretary shall sign the minutes, resolutions and all other official documents approved by the Commission. The minutes shall be mailed to the members of the Commission within seven (7) days after any regular or special meeting. 4 . 5.8. 1 Administrative Procedures A. Files and Records The proceedings of all commission hearings shall be recorded and permanently stored in the files of the office of the administrator. In addition, all maps, charts, photographs, documentation, reports, correspondence and inter-department referrals shall be maintained on a case basis, filed numerically, beginning with Case No. 0001D for Designations and Case No. 0001-C for Certificates of Appropriateness. B. Collection of Fees. Each application for designation or review of a Certificate of Appropriateness that requires a fee, must be accompanied by a check or money order made payable to the City Treasurer or other satisfactory payment. Acceptance of a fee by the administrator does not presume approval of the application. Amount and method of payment of the fee shall accord with schedules or ordinances established by the City Council. 5. 9 Initial Hearings All initial hearings shall be preceded by notices in the form and manner specified below. The notice shall include the date, time, and place and purpose of the meeting, and a copy of the completed nomination form to the owner(s) of record and to the nominators. Where notice by mail is required, it shall be given at least seven (7) days in advance of the hearing date by regular United States mail, except that notices to City agencies or officials may be by interdepartmental memorandum. Notices shall be given in all cases, by mail, to the applicant or person acting in his behalf, the owner of the property for which historic nomination is being made, and , in the case of historic districts, all owners of properties within the district listed in the application. Reliance upon information submitted by the applicant shall be deemed to be in compliance with this paragraph, and failure to give notice by mail or to actually receive such notice by mail without a clear showing of prejudice shall not be grounds to invalidate actions for which notice was to be provided. 5. eiNs A notice shall also be posted in a conspicuous location on the property for which the application has been made, stating the date, time and place of the initial hearing, and the request being made. The applicant or person acting in his behalf shall appear at the scheduled initial hearing. In the absence of any personal appearance by the applicant or his representative, the Commission may continue the hearing to the next regular meeting. If the applicant or his representative does not appear on the date the hearing is continued, the Commission shall conduct the initial hearing and take action on the application. At a hearing the order of appearance shall be as follows: A. Communication with Commission members on agenda item. B. Presentation by applicant or his represent- ative. C. Persons in favor. D. Persons in opposition. E. City staff comments on the request. F. Rebuttal by applicant or his representative. Each person addressing the Commission shall step up to the podium, give his name and address for the record, and unless further time is granted by the Commission, shall limit his address to five (5) minutes. All remarks shall be addressed to the Commission. No person, other than the Commission and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Commission without the permission of the Chairman. The Commission shall make a recommendation within sixty (60) days of the conclusion of the public hearing as to whether or not the nominated landmark or historic district meets the criteria for designation in Section 30-88 of the Zoning Ordinance. Said recommendation may be for approval, disapproval, or approval in part. Where a recommendation for a certificate of appropriateness is concerned, the Commission shall issue or deny the certificate within forty-five (45) days of receipt of the application. Written notice of the approval or denial shall be provided to the applicant and the Chief Building Inspector within seven (7) days following the determination and shall be accompanied by a certificate of appropriateness in the case of approval. lemN 6. The Commission may inspect the exterior of any building or premises during the course of the hearing provided (1) at least forty-eight (48) hours notice of an inspection is given to the parties; (2) the parties are given an opportunity to be present during the inspection; (3) the material facts observed and the conclusions drawn by the Commission are made part of the record and (4) appropriate notice is sent to the City Manager. 5.9 . 1 Standards for Review In considering an application for a designated landmark or historic district, the Commission shall be guided by the criteria specified in Section 30-88 (D) of the Zoning Ordinance. In considering an application for a Certificate of Appropriateness, the Commission shall be guided by the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buidligns, and other State and Federal guidelines as appropriate, in addition to any design guidelines listed in Section 30-103 of the Zoning Ordinance. 5. 10 Voting Procedures 10") Motions made by the Commission shall be in the affirmative, that is "to approve" . If the motion fails to receive a second, it shall die for lack of the seconding motion. Similarly, a motion having received a formal seconding motion shall be fully discussed before the vote is taken. All motions will need to receive a clear majority for approval. A tie vote, should such occur, would mean that the motion to approve has failed for lack of a majority. Voting shall be done by a show of hands with the actual count being recorded in the application file. 5. 11 Recommendations Of Commission/Report To Council and the Planning and Zoning Commission The recommendation and report of the Preservation Commission shall be sent to the Planning and Zoning Commission and the City Council within seven (7) days following the vote on the resolution, and shall be available to the public at the office of the Division of Planning Services. Upon receipt of the Commission's recommendation of approval or denial, the Planning and Zoning Commission shall review each application and within thirty (30) days of the Planning and Zoning Review, make a recommendation with respect to the proposed "H" en) 7 . designation. The recommendation, together with a record of the proceedings shall be forwarded to the City Council. The City Council shall hold a public hearing before enacting the ordinance and provide notice to the owners of record of a nominated district 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 Planning Services. A copy of the designating ordinance shall also be recorded with the Cape Girardeau County Recorder of Deeds. Upon adoption of a designating ordinance, the Commission shall provide, at its expense, a permanent plaque denoting the designation as an historic structure or landmark and cause such plaque to be attached to the structure in an appropriate location. 5. 12 Other Information Irrespective of and in addition to any other rules herein, the following shall always apply. Regular, special, committee meetings or any other meetings of the Commission shall abide by Resolution No. 301, A Resolution Establishing A Policy For Missouri Open Meetings And Records Law, adopted by the Council on January 4, 1988. (See attached. ) A copy of the agenda of any meeting shall be posted twenty-four (24) hours in advance of the meeting on the bulletin board designated for such notices or any other notice which might be deemed appropriate. Appropriate minutes shall be kept which shall include the Commissioners in attendance, the substance of any recommendation made at the meeting, and whether the recommendation was for approval or denial. VI. COMMITTEES 6. 1 Establishment From time to time and as circumstances warrant, the Commission may establish special committees to assist the Commission in the conduct of its business. 6. 2 Appointments Committee members are appointed for a term of one emilt 8 . ems (1) year or for the duration of the committee, whichever time is less. 6.3 Meetings Meetings shall be called at the request of the committee chairman and shall comply with regulations for any other meeting of the Commission. 6. 4 Cooperation With Interested Groups When thought to be helpful, the chairman of any committee may, with permission of the Commission Chairman, invite any interested party/parties to appear before the Commission. VII. PROCEDURES FOR MAKING APPLICATION TO THE HISTORIC PRESERVATION COMMISSION 7 . 1 Procedures To Petition For Nomination of Landmarks and Historic Districts The Commission shall consider petitions for historic nominations at their regular meetings the third Tuesday of each month. Applications shall be filed in the Division of Planning Services office by Noon of the first day of the month to be considered at the next regular meeting, otherwise, the application will not be considered until the next regular meeting. If an application is submitted which is incomplete, the applicant will have two (2) days to provide the necessary information. If it is not received in that time, the application will not be considered until the next regular meeting. The request shall be presented on forms obtained at the Planning Services Office located in City Hall. A fee of $ 25. 00 must be submitted with the application to cover publication costs. If a public hearing before the Council is not required, this fee will be returned to the applicant. The Secretary shall mail notices to the applicant and abutting property owners furnished by the applicant at least seven (7) days prior to the meeting at which the request is to be considered, setting forth the time, place and character of the meeting. The applicant is to furnish stamped, addressed envelopes for mailing said notices to the abutting property owners. ems 9 . riN 7.2 Procedures to Petition for Certificate of Appropriateness A Certificate of Appropriateness shall be required before any construction, alteration, removal or demolition, in whole or in part, requiring a permit from the City of Cape Girardeau or not, which affects either the exterior architectural appearance or any features defined in the ordinance designating any landmark or property within a historic district, may be undertaken. No application for a building or demolition permit affecting the exterior architectural appearance of a designated landmark or property within a designated historic district shall be granted by the City until approved by the Preservation Commission. An applicant may request a meeting with the Commission before or during the review of the application. Applications for Certificates of Appropriateness may be filed in the Division of Planning Services Office by noon of the first day of the month to be considered at the next regular meeting. The application shall include two (2) sets of working drawings and specifications which have been approved by the Code Official. A representative of the Codes Administration may be emt, requested to appear at hearings when applications for Certificates of Appropriateness are considered. 7 . 3 Procedure For Other Types of Requests or Petitions Miscellaneous requests and petitions shall, from time to time, come before the Commission, either upon the initiation of an individual or by reference from the governing body. In all such cases, the Commission shall be guided by the principals set forth in the Comprehensive Plan, the Zoning Ordinance, the Historic Preservation Ordinance and the Subdivision Regulations, and other policies as adopted by the Commission. All such matters shall be handled with as much dispatch as possible, with all interested parties being notified of the matter under consideration in order that they may express their views. 7. 4 Final Disposition Of All Matters The disposition of all petitions before the Commission, except for Certificates of Appropriateness, requiring further action shall be in the form of a letter of recommendation to the Planning and Zoning Commission and the City Council within seven (7) days following the vote on the resolution. In case of all formal requests, the 10. applicant shall be notified by letter of the action taken by the Commission. 7.4 . 1 Final Disposition of Certificates of Appropriateness The Commission shall review the application and issue or deny the Certificate of Appropriateness within forty-five (45) days of receipt of the application. Written notice of approval or denial shall be provided to the applicant and the Chief Code Inspector within seven (7) days following the determination and shall be accompanied by a certificate of appropriateness in case of an approval. A Certificate of Appropriateness shall become void unless construction is commenced with six (6) months of the date of issuance. Certificates shall be issued for a period of eighteen (18) months and are renewable. Denials for Certificates of Appropriatenss shall be accompanied by a statement of the reasons for denial. The applicant may resubmit an amended application or re-apply for a building or demolition permit that takes into consideration the recommendations of the Commission. When a Certificate of Appropriateness is denied, the applicant may submit a written appeal to the City Clerk within thirty (30) days of the postmarked date of the notice of determination. In acting upon the appeal, the City Council may grant a variance. The Commission shall request the Division of Planning Services to issue a Stop Work Order to halt any action requiring a Certificate Of Appropriateness but for which one has not been issued. The stop work order shall be issued by certified mail, return receipt requested to the owners, occupants, contractors, and subcontractors, notifying them of the process of applying for a Certificate of Appropriateness. A copy of the proper application form shall be included in the notice. VIII. AMENDMENTS TO RULES OF PROCEDURE Amendments to these rules of procedure may be introduced at any meeting of the Commission and voted on at any subsequent meeting, provided that notice of the consideration of any such amendment is mailed to each member prior to the regular meeting. 11. IX. JOINT MEETINGS WITH CITY COUNCIL A joint meeting of the City Council and the Historic Preservation Commission shall be held at least once each year, the time and date to be set by the Mayor and the Commission Chairman, for the purpose of a general conference on planning for development of the City. X. JURISDICTION AND AUTHORITY OF THE COMMISSION The Commission shall have such jurisdiction and authority as set out in Chapter 30 of the Code of Ordinances, also known as the Historic Preservation Ordinance. PRIN 12.