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-741.4161"" 1611106.1166Emin
Historic
Preservation Commission
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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
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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 .
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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
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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.
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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.