§ 17-58. Procedure for hearings upon applications for certificates of appropriateness.

(a)

Determination by planning, zoning and historic preservation commission. The planning, zoning and historic preservation commission shall review the application for a building or demolition permit or for a certificate of appropriateness and issue or deny the certificate of appropriateness within forty-five (45) days of receipt of the application. Written notice of the approval or denial of the application for a certificate of appropriateness shall be provided the applicant and the city engineering department within seven (7) days following the determination and shall be accompanied by a certificate of appropriateness in the case of an approval.

A certificate of appropriateness shall become void unless construction is commenced within six (6) months of the day it is issued. Certificates of appropriateness shall be issued for a period of eighteen (18) months and are renewable. If the project is not completed as shown on the certificate of appropriateness, the project shall be deemed in violation of this section.

(b)

Denial of a certificate of appropriateness. A denial of a certificate of appropriateness shall be accompanied by a statement of the reasons for the denial. The planning, zoning and historic, preservation commission shall make recommendations to the applicant concerning changes, if any, in the proposed action that would cause the planning, zoning and historic preservation commission to reconsider its denial and shall confer with the applicant and attempt to resolve as quickly as possible the differences between the owner and the planning, zoning and historic preservation commission. The applicant may resubmit an amended application or reapply for a building or demolition permit that takes into consideration the recommendations of the planning, zoning and historic preservation commission.

(c)

Procedure for appeal. A determination by the planning, zoning and historic preservation commission that a certificate of appropriateness be denied may be appealed to the city council. The applicant may within thirty (30) days after the date of the denial file with the city clerk a written appeal to the city council. The council shall than set a hearing date not more than thirty (30) days after receipt of the notice of appeal. In considering the appeal, the city council shall consider whether the planning, zoning and historical preservation commission appropriately followed the guidelines set forth by ordinance for the consideration of a certificate of appropriateness.

A determination by the city council that the appeal is denied shall be the final administrative decision reviewable under the Missouri Administrative Procedure and Review Act, and any appeal from this denial shall be to the circuit court as provided therein.

(d)

Standards for review. In considering an application for a building or demolition permit or for a certificate or appropriateness, the planning, zoning and historic preservation commission shall be guided by the following general standards in addition to any design guidelines in the ordinance designating the landmark of historic district.

(1)

Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.

(2)

The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural feature shall be avoided when possible.

(3)

All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and that seek to create an earlier appearance shall be discouraged.

(4)

Changes that may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

(5)

Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure, or site shall be treated with sensitivity.

(6)

Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplication of features, substantiated by historic, physical, or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

(7)

The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

(8)

Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any project.

(9)

Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural, or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment.

(e)

Certificate of economic hardship. Application for a certificate of economic hardship shall be made on a form prepared by the planning, zoning and historic preservation commission only after a certificate of appropriateness has been denied. The planning, zoning and historic preservation commission shall schedule a public hearing concerning the application in the same manner as provided for hearing application for certificate of appropriateness.

The planning, zoning and historic preservation commission may solicit expert testimony or require that the applicant for a certificate of economic hardship make submissions concerning any or all of the following information before it makes its determination on the application:

(1)

Estimate of the cost of the proposed construction, alteration, demolition, or removal and an estimate of any additional cost that would be incurred to comply with the recommendations of the planning, zoning and historic preservation commission for changes necessary for the issuance of a certificate of appropriateness.

(2)

A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation.

(3)

Estimated market value of the property in its current condition; after completion of the proposed construction, alteration, demolition or removal; after any changes recommended by the planning, zoning and historic preservation commission; and in the case of a proposed demolition, after renovation of the existing property for continued use.

(4)

In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional experienced in rehabilitation as to the economic feasibility for rehabilitation or reuse of the existing structure on the property.

(5)

Amount paid for the property, the date of purchase, and the party from whom purchased, including a description of their relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer.

(6)

If the property is income-producing, the annual gross income from the property for the previous two (2) years; itemized operating and maintenance expenses for the previous two (2) years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period.

(7)

Remaining balances on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years.

(8)

All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing, or ownership of the property.

(9)

Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two (2) years.

(10)

Assessed value of the property according to the two (2) most recent assessments.

(11)

Real estate taxes for the previous two (2) years.

(12)

Form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture, or other.

(13)

Any other information, including personal financial information of the owner, applicant, or principal investors in the property considered necessary by the planning, zoning and historic preservation commission to a determination as to whether the property does yield or may yield a reasonable return to the owners.

(f)

Determination of economic hardship. The planning, zoning and historic preservation commission shall review all of the evidence and information required of an applicant for a certificate of economic hardship. It shall make a determination within forty-five (45) days of receipt of the application whether the denial of a certificate of appropriateness has deprived, or will deprive, the owner of the property of reasonable use of, or economic return on, the property. This determination may be used in a resubmission request for a certificate of appropriateness. The determination of economic hardship will not guarantee the granting of a certificate of appropriateness. Rather, it will serve as added supportive documentation for the request. Written notice of the determination shall be provided in the same manner as stated above.

A finding of economic hardship may not be granted unless the applicant has, for a period of six (6) months, made a good-faith effort to sell such structure at or below fair market value to an entity which gives reasonable assurance of its willingness to preserve or restore such structure. Fair market value shall be that price arrived at between a seller willing to sell and a purchaser desiring to buy. A good-faith effort to sell shall be found by the commission when it has determined that the applicant has made an active effort to sell said property by listing it for sale with a real estate broker and in a multi-list system located within the city at a price not more than ten (10) percent above the fair market value as established by an appraiser. During this six-month period, a "For Sale" sign, as placed there by the real estate broker, must be visible on the property at all times. The certificate shall not be issued or may be revoked if it is proven that the applicant refused to sell to a buyer whose intention was to restore or preserve the structure, at fair market value or for a price at which the applicant has offered it to others whose intention was to demolish or remove the structure. The issuance of a certificate of appropriateness may be suspended while any condemnation proceedings are pending.

(g)

Appeals. A determination by the planning, zoning, and historic preservation commission that an application for a certificate of economic hardship be denied shall be appealable to the city council as and like in the same manner as a denial of a certificate of appropriateness.

(Ord. No. 1978, § 430.090; Ord. No. 6007, § 1, 12-10-85; Ord. No. 6461, §§ 4—8, 11-10-92; Ord. No. 6596, § 1, 4-26-94; Ord. No. 6685, § 1, 12-27-94)