Prior to the adoption of Ord. 19763 on 12/17/2007, Section 29-21.4 read as follows.

    (a)  Purpose.  The purpose of this section is to promote the economic, cultural, educational and general welfare of the city by:

    (1)    Conserving and improving the value of property within district HP;

    (2)    Protecting and enhancing the attractiveness of Columbia to home buyers, home owners, residents, tourists, visitors, and shoppers, thereby supporting and promoting business, commerce, industry, and providing economic benefit to the city;

    (3)    Providing a mechanism to identify and preserve the distinctive historic and architectural characteristics of Columbia;

    (4)    Fostering civic pride in the aesthetics and cultural accomplishments of the past as represented in Columbia's landmarks and historic areas;

    (5)    Fostering and encouraging preservation, restoration, and rehabilitation of structures, areas and neighborhoods;

    (6)    Promoting the use of landmarks and historic areas for the education, pleasure, and welfare of the people of Columbia;

    (b)  Definitions .  The following definitions apply to this section:

Alteration - Any act that changes one or more of the historic or architectural features identified in an ordinance placing property in district HP.     

Certificate of Appropriateness - A certificate issued by the historic preservation commission indicating its approval of the architectural appropriateness of plans for construction, alteration, removal or demolition of a landmark or of a structure within an historic district.

Construction - The act of adding an addition to an existing structure or the erection of a new principal or accessory structure.

Demolition - Any act which destroys in part or in whole a landmark or a structure within an historic district.

Historic District - An area placed in district HP and designated as an historic district by ordinance and which may contain one or more landmarks and which may have within its boundaries other properties or structures which, while not of such historic or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics and historical significance of the historic district.

Landmark - A property or structure placed in district HP and designated as a “landmark” by ordinance, which is worthy of rehabiliation, restoration, and preservation because of its historic or architectural significance.

Removal - Any relocation of a structure on its site or to another site.

Repair - Any change that is not construction, removal or alteration.

    (c)  Historic preservation commission.

    (1)    The historic preservation commission is hereby established.  The historic preservation commission shall consist of seven members appointed by the city council. Members shall serve without compensation. Every attempt should be made to establish a balance of representation among members, and all commissioners should have a demonstrated interest in historic preservation.  Of the seven members, there should be one with background and expertise in historic preservation and one with background and expertise as a real estate investor.  The other five members should include representatives from such disciplines as: architecture, design, law, real estate appraisal, and construction/general contracting, as well as a layperson active in historic preservation.

    (2)    Two of the initial members shall serve terms of one year, two shall serve terms of two years and three shall serve terms of three years.  Thereafter, the terms of office for members of the historic preservation commission shall be three years.  Vacancies shall be filled for the unexpired terms only.

    (3)     The historic preservation commission shall elect from its members a chair, a vice-chair and a secretary. Officers shall serve for one year and shall be eligible for reelection. The chair shall preside over all meetings. In the absence of the chair, the vice-chair shall preside. The secretary shall prepare minutes and other necessary records of historic preservation commission meetings.

    (4)     The historic preservation commission shall meet regularly and at the call of the chair. A quorum shall consist of four (4) members.   The chair of the commission is authorized to excuse any member from attendance at a commission meeting; provided, that the member requested to be excused before the meeting.  Any member who is absent, without being excused, from twenty-five percent of the regular commission meetings held in a calendar year shall automatically forfeit the office.  Any member who is absent, without being excused, from three consecutive regular meetings shall automatically forfeit the office.  It shall be the duty of the chair to promptly notify the city council of the vacancy.   The commission shall act upon all completed applications for certificates of appropriateness and economic hardship at the meeting.   

    (d) Powers and duties.  The historic preservation commission shall have the following powers and duties:

    (1)    To adopt its own by-laws and procedural regulations , provided that such regulations are consistent with this chapter, other ordinances of the city, and the Revised Statutes of the State of Missouri .

     (2)     To investigate and recommend to the council the implementation of a broad package of incentives and benefits to encourage redevelopment of historically significant structures.   To conduct an ongoing survey for the identification of historically, archaeologically and architecturally significant properties, structures, sites and areas that exemplify the cultural, social, economic, political or architectural history of the nation, state or city; and to maintain the research information in an inventory accessible to the public (except for archaeological site locations, which shall be restricted).

    (3)     To initiate, develop and supervise surveys to identify historically and architecturally significant properties.   To investigate and recommend to the planning and zoning commission and city council the adoption of ordinances designating for protection areas as having special cultural, historic, archaeological, community or architectural value as “notable property.”

     (4)     To review applications for the designation of landmarks and historic districts in the city, make recommendations to the city council regarding the designation of landmarks and historic districts, maintain a register of designated sites and districts, and confer recognition upon persons associated with designated landmarks and historic districts.   To investigate and recommend to the planning and zoning commission and the city council the adoption of ordinances designating for protection properties or structures having special cultural, historic, archaeological, community or architectural value as “landmarks.”

     (5)     To advise and assist Columbia residents and owners of real property on physical and financial aspects of preservation, renovation, rehabilitation and reuse.   To investigate and recommend to the planning and zoning commission and the city council the adoption of ordinances designating for protection areas as having special cultural, historic, archaeological, community or architectural value as “historic districts.”

     (6)     To encourage nomination of landmarks and historic districts to the National Register of Historic Places.   To keep a register of all properties and structures which have been designated as “notable properties,” “landmarks” or “historic districts,” including all information required for each designation.

     (7)     To review applications for construction, alteration, removal or demolition affecting landmarks or properties and structures within historic districts, and to issue or deny certificates of appropriateness for such actions.   To confer recognition upon the owners of “notable properties,” “landmarks” and property or structures within “historic districts” by means of certificates, plaques or markers; and to make recommendations for the design and implementation of specific markings of the streets and routes leading from one “notable property,” “landmark” or “historic district” to another.

     (8)     To recommend that the director of public works issue a stop work order for any construction, alteration, removal, or demolition which would require a certificate of appropriateness for which a certificate has not been issued.   To advise and assist owners of historically significant property or structures on physical and financial aspects of preservation, renovation, rehabilitation and reuse.

    (9)     To consider applications for certificates of economic hardship that would allow the performance of work for which a certificate of appropriateness has been denied.   To nominate “notable properties,” “landmarks” and “historic districts” to the National Register of Historic Places, and to review and comment on any nominations to the National Register of Historic Places.

     (10)     To review proposed zoning district map amendments, applications for special use permits or applications for zoning variances for property in district HP or within one hundred eighty-five (185) feet of district HP in order to provide comment on such actions to the planning and zoning commission, board of adjustment and city council, as appropriate.   To inform and educate the citizens of the city of Columbia concerning the historic, archaeological and architectural heritage of the city through publication or sponsorship of maps, newsletters, brochures, pamphlets, programs and seminars by the city, the historic preservation commission or other appropriate parties.

     (11)     To advise the council on the administration of any historic property which the city owns or controls.   To review applications for construction, alteration, removal or demolition affecting historically significant property.  To hold public hearings on proposed or designated “landmarks” or structures within “historic districts” and issue or deny certificates of appropriateness for such actions.  Applicants may be required to submit plans, drawings, elevations, specifications and other information as may be necessary to make decisions.

     (12)     To make recommendations to the city council concerning the application for and utilization of any federal, state or private grant, gift or bequest furthering the purposes of this section.   To hold public hearings on each proposed nomination of a National Register Landmark and of a “historic district” and on the guidelines developed for each nomination.

     (13)     To make recommendations to the city council concerning budgetary appropriations to further the purposes of this section.   To recommend that the director of public works issue a stop work order for any construction, alteration, removal or demolition which would require a certificate of appropriateness for which a certificate has not been issued or to stop work that violates the conditions of a certificate.

     (14)     To call upon available staff members and other experts for technical advice.   To consider applications for certificates of economic hardship that would allow the performance of work for which a certificate of appropriateness has been denied.

     (15)     To advise the council on the need to retain specialists or consultants, or to appoint citizen advisory committees.   To develop specific design guidelines based on the Secretary of the Interior’s Standards for Rehabilitation for the alteration, construction or removal of designated “landmarks” or property and structures within historic preservation overlay districts.

     (16)     To advise and testify before city boards and commissions on any matter affecting historically and architecturally significant property, structures, and areas.   To review and comment on proposed zoning amendments, applications for special use permits or applications for zoning variances that affect historically significant property, including but not limited to proposed or designated “notable properties,” proposed or designated “landmarks” or “historic districts.”

    (17)     To periodically review this chapter and to recommend to the city council and planning and zoning commission amendments appropriate for the protection and continued use of landmarks or property and structures within historic districts;   To call upon available city staff members as well as other experts for technical advice.

     (18)     To establish and maintain an ongoing survey and inventory of historic properties in accordance with standards and guidelines established by the Secretary of the Interior's Standards for Preservation Planning, Identification, and Evaluation.   To advise the city council on the need to retain such specialists or consultants or to appoint such citizen advisory committees as may be required from time to time.

    (19)    To testify before all boards and commissions, including the planning and zoning commission and the board of adjustment, on any matter affecting historically, archaeologically, culturally and architecturally significant property, structures, sites and areas.

    (20)    To review any proposed change of zoning, zoning variance or any matter affecting historically, archaeologically, culturally and architecturally significant property, structures, sites and areas, upon referral from the planning and zoning commission or city council.

    (21)    To make recommendations to the city council concerning budgetary appropriations to further the general purposes of this ordinance.

    (22)    To develop a preservation component in the Comprehensive Plan of the city of Columbia and to recommend it to the planning and zoning commission and to the city council.

    (23)    To periodically review the city of Columbia zoning ordinances and to recommend to the planning and zoning commission and the city council any amendments appropriate for the protection and continued use of historically significant property, “notable property,” “landmarks” or property, sites and structures within “historic districts.”

    (e) Landmark and historic district designation procedure.

    (1)    A petition to designate a landmark may be made only by the owner(s) of the proposed landmark.  A petition to designate an historic district may be made only by the owners of at least 60% of the Boone County tax map parcels in the proposed historic district.  If a tax map parcel has more than one owner, all such owners must sign any petition mentioned in this section before the parcel shall be counted as supporting the petition and the parcel shall receive only one vote, regardless of the number of owners.

    (2)    A petition to designate a landmark or historic district shall be on a form provided by the director of planning and development and approved by the historic preservation commission.  The petition shall clearly identify all historic and architectural features proposed for regulation. The petition shall identify the facts which support a determination that the proposed landmark or historic district meets the criteria for designation set forth in this section.  The petition shall be filed with the director of planning and development.  Except as otherwise provided in this section, the petition shall be handled in the same manner as a petition for rezoning.  Prior to setting a date for a public hearing before the planning and zoning commission, the director of planning and development shall forward a copy of the petition to the historic preservation commission for its review.  The historic preservation commission shall prepare a report to the planning and zoning commission and the city council setting forth its recommendation on whether the proposed landmark or historic district meets the criteria for designation set forth in this section.  

    (3)    The ordinance placing property within overlay district HP shall designate the property as a landmark or as an historic district.  The ordinance may designate a structure within an historic district as a landmark.  The ordinance shall identify all historical and architectural features that shall be subject to regulation.  No interior features shall be identified in any structure in an historic district unless the structure is designated as a landmark.

    (4)    Overall boundaries for local historic districts shall be determined by the same standards used by the National Register of Historic Places, as laid out in Defining Boundaries for National Register Properties: National Register Bulletin 21 (Washington D.C.: U.S. Department of the Interior, 1995).  Gerrymandering which has the apparent effect of overwhelming significant areas of opposition is prohibited.


    (f) Criteria for designation.  In order to be designated as a landmark or historic district, a structure or district must have sufficient integrity of location, design, materials and workmanship to make it worthy of preservation or restoration and it must meet one or more of the following criteria:

    (1)    It has character, interest, or value as part of the development, heritage, or cultural characteristics of Columbia, Boone County, Missouri, or the United States;

    (2)    It is the site of a significant local, county, state or national event;
    
    (3)    It is identified with a person or persons who significantly contributed to the development of Columbia, Boone County, Missouri, or the United States;

    (4)    It embodies distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of indigenous materials;

    (5)    It is the work of a master builder, designer, architect, or landscape architect whose individual work has influenced the development of Columbia, Boone County, Missouri, or the United States;

    (6)    It contains elements of design, detailing, materials, or craftsmanship which renders it architecturally significant;

    (7)    It contains design elements that are structurally or architecturally innovative;

    (8)    Its unique location or physical characteristics make it an established or familiar visual feature of the neighborhood or city;

    (9)    It has yielded or may likely yield information important in pre-history or history;

    (10)    Its character as a particularly fine or unique example of a utilitarian structure, with a high level of integrity or architectural significance; and

    (11)    Its suitability for preservation or restoration.

    (12)    It is at least fifty (50) years old or of most unusual historical significance.

    (g) Certificate of appropriateness; when required.  A certificate of appropriateness shall not be required for interior construction or alteration of any structure in an historic district unless the structure has been designated a landmark.  A certificate of appropriateness shall be required before the following actions affecting any historic or architectural feature identified in the ordinance placing the property in district HP may be undertaken:

    (1)    Any construction, alteration, removal, or any demolition in whole or in part regardless of whether a permit from the city is required.

    (2)    Any construction, alteration, removal or demolition, in whole or in part, proposed by the city, for a city owned landmark or structure within an historic district.

    (h) Certificate of appropriateness; procedure.

    (1)    An application for a certificate of appropriateness shall be made on forms provided by the director of planning and development and approved by the historic preservation commission.  The application shall identify the facts which support a determination that the proposed actions meet the standards for review and design guidelines set forth in this section.

    (2)    After determining that the application for certificate of appropriateness is complete, the director of planning and development shall schedule the application for consideration by the historic preservation commission within a reasonable time.  If a fully completed application for a certificate of appropriateness has not been acted upon within forty (40) days after the date the application was filed with the director of planning and development, it shall be deemed approved, unless tabled or continued with the consent of the applicant. No motion to table or continue shall be made without the consent of the applicant.  The director of planning and development shall conspicuously place a sign on the property giving public notice of the meeting at which the application shall be considered.  The sign shall be placed at least seven days prior to the meeting.

    (3)    Any person aggrieved by the decision of the historic preservation commission may appeal to the board of adjustment by filing a notice of appeal with the city clerk within 30 days of the decision of the historic preservation commission.  Notice of the historic preservation commission’s decision shall be mailed to the applicant unless the applicant or the applicant’s agent was present at the meeting at which the decision was made.  The board of adjustment shall provide a hearing and render a decision in accordance with the provisions of chapter 536 RSMo.

    (i) Certificate of appropriateness; standards for review and design guidelines.  In considering an application for a certificate of appropriateness, the historic preservation commission shall be guided by the following standards, and design guidelines in addition to any area-specific design guidelines included in the ordinance designating the landmark or historic district.

    (1)    Reasonable efforts shall be made to provide a compatible use for a property which 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 features should be avoided when possible.

    (3)    Building alterations that have no historical basis and which seek to create an earlier appearance shall not be allowed.

    (4)    Changes which 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. When these changes have acquired significance in their own right, they shall be
treated the same as if they were part of the original structure.

    (5)    Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be preserved when possible.

    (6)    Deteriorated architectural features shall be repaired, rather than replaced, whenever practicable. If replacement is necessary, the new material should match the material being replaced in design, color, texture, and other visual qualities. Repair or replacement of missing architectural features shall be based upon 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 and for new construction may be permitted when such alterations, additions or new construction do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, material and character of the property, neighborhood or environment.

    (10)    Whenever possible, new additions or alterations to structures shall be done in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

    (11)    The height of any proposed alteration or construction shall be compatible with the style and character of the landmark and with surrounding structures.

    (12)    The proportions and relationships between doors and windows shall be compatible with the architectural style and character of the landmark, and with surrounding structures.

    (13)    The relationship of a structure to the open space between it and adjoining structures should be compatible.

    (14)    The design of the roof should be compatible with the architectural style and character of the landmark and surrounding structures.

    (15)    The scale of the structure after alteration, construction or partial demolition should be compatible with its architectural style and character and with surrounding structures.

    (16)    Facades should blend with other structures with regard to directional expression. Structures should be compatible with the dominant horizontal or vertical expression of surrounding structures. The directional expression of a landmark after alteration, construction or partial demolition should be compatible with its original architectural style and character.

    (17)    Architectural details including materials and textures should be treated so as to make a landmark compatible with its original character or significant architectural style and to preserve and enhance the landmark or historic district.

    (j) Certificate of economic hardship.

    (1)    A person whose application for a certificate of appropriateness has been denied or granted conditionally may apply for a certificate of economic hardship.  Alternatively, an application for a certificate of economic hardship may be filed with the application for certificate of appropriateness. Application shall be made on forms provided by the director of planning and development and approved by the historic preservation commission.  If a fully completed application for a certificate of economic hardship has not been acted upon within forty (40) days after the date the application was filed with the director of planning and development, it shall be deemed approved, unless tabled or continued with the consent of the applicant.  No motion to table or continue shall be made without the consent of the applicant. The application shall identify facts which support a determination that denial of the application will deprive the owner of the property of reasonable use of or a reasonable economic return on the property.  
    
    (2)    An application for certificate of economic hardship may include the following information:

        a.     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 historic preservation commission for changes necessary for the issuance of a certificate of appropriateness.

        b.    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.

        c.    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 historic preservation commission; and, in the case of a proposed demolition, after renovation of the existing property for continued use.

        d.    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 of rehabilitation or reuse of the existing structure on the property.

        e.    Applicant may demonstrate with factual data/evidence that the hardship is not self-created. If the property is income producing, the applicant may provide detailed annual income and expense reports for the property for the last two years, rent rates and capitalization rates for the property and comparable properties, and any other pertinent information that would substantiate the applicant’s claim concerning economic hardship.

        f.    Appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing or ownership of the property.

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

        h.    Assessed value of the property.

        i.    Real estate taxes.

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

    (3)    An application for a certificate of economic hardship, if not filed with the application for certificate of appropriateness, must be made within 60 days of a decision on the application for certificate of appropriateness.  The director of planning and development shall schedule the application for consideration by the historic preservation commission within a reasonable time.  The Director of Planning and Development shall conspicuously place a sign on the property giving public notice of the meeting at which the application shall be considered. The sign shall be placed at least seven days prior to the meeting.

    (4)    Any person aggrieved by the decision of the historic preservation commission may appeal to the board of adjustment by filing a notice of appeal with the city clerk within 30 days of the decision of the historic preservation commission.  Notice of the historic preservation commission’s decision shall be mailed to the applicant unless the applicant or the applicant’s agent was present at the meeting at which the decision was made.  The board of adjustment shall provide a hearing and render a decision in accordance with the provisions of chapter 536 RSMo.

    (k)    Continuing validity of certificates.  Certificates of appropriateness and certificates of economic hardship shall become void if the work authorized by the certificate is not commenced within six months of the date of issuance.  Certificates of appropriateness and certificates of economic hardship shall be issued for a period of eighteen months and are renewable.  

    (l) Stop work orders.  The director of public works is authorized to issue a stop work order under the procedures set forth in the building code adopted in chapter 6 of this code when any work on any structure requiring a certificate of appropriateness is being performed without a certificate of appropriateness or a certificate of economic hardship or in violation of the terms of a certificate of appropriateness or a certificate of economic hardship.

    (m) Signs.  Signs in District HP are subject to the general sign regulations of the code of ordinances.  In addition, all signs for a landmark or structures in a historic district not specified in the application for landmark or historic district designation must receive a certificate of appropriateness from the historic preservation commission, which shall review the proposed sign in accordance with the following general guidelines:

    (1)    Additional sign restrictions included in the ordinance which designates a landmark or historic district.

    (2)    Signs shall be designed and placed so as to appear an integral part of the building design, and to respect the neighboring properties and the district in general. Signs shall be designed with appropriateness relative to the services of the establishment served.

Nothing contained in this section shall prevent the use of normal “for rent” and “for sale” signs as permitted by the general sign regulations of the code of ordinances.  Any owner offering property for sale or any realtor listing property for sale which is located within district HP is required to advise potential purchasers that the property is located within district HP.  Any person violating this subsection shall be deemed guilty of an infraction and shall be fined as provided for in chapter 16 of the code of ordinances.

    (n) City property.  Proposed improvements, alterations, demolition or clearance to a building, site, structure, or object owned by the city which has been designated a landmark or is within a historic district shall be approved according to the procedures and regulations of this section.

    (o) Property owned by public agencies.  To accomplish the purposes of this ordinance, the city may enter into agreements with other units of government. The historic preservation commission may recommend and the city council may authorize such agreements. Such agreements may address:

    (1)    Designation of landmarks and historic districts;

    (2)    Administration of historic preservation fund resources;

    (3)    Improvements to landmarks, properties in historic districts, and properties adjacent to landmarks and historic districts;

    (4)    Other mutually acceptable provisions.

    (p)    Churches.  Churches, mosques and synagogues in current use as houses of worship are exempt from the provisions of this section and such houses of worship may not voluntarily submit to the provisions of this section.

    (q)  Variances.  The historic preservation commission may make recommendations to the board of adjustment to allow variances for standard parking and lot line requirements for property in district HP, where such variances will aid in the retention of the property's historic character and appearance.  The historic preservation commission shall also make recommendations to allow designated properties to be utilized for non-complying uses if such use would serve to perpetuate the viable contemporary utilization of the historic structure.

    (r)  Violations.  In addition to the penalties provided for in this chapter, any person who undertakes or causes an alteration, construction, demolition or removal of any designated landmark or property within a historic District in violation of this ordinance shall be required to return the landmark or property to its appearance and setting prior to the violation. Any action to enforce this provision shall be brought by the City of Columbia.

    (s)    District boundaries and designation status may be reviewed after no less than 10 years, at the request of either the historic preservation commission or the petition of the owners of at least 60% of the Boone County tax parcels in the district.  After the initial 10 year period, district boundaries and designation status may be reviewed no more often than once every five years.

    (t)    Not less than sixty (60) days prior to the circulation of any petition herein within a district or to create a district, affected Boone County tax parcel owners must be notified by certified mail of the nomination or other matter on which a petition is to be circulated, and all proposed regulations shall be clearly identified.  Proof of such mailing shall be made to the historic preservation commission at the time it considers the petition, and the cost of the mailing shall be borne by the person or organization sponsoring or otherwise promoting the petition.

    (u)    Nothing contained in this section shall affect any building permit, demolition permit or land disturbance permit issued for property which becomes part of district HP if the permit was issued prior to such designation.

(Ord. No. 15651, § 1, 7-6-98; Ord. No. 17658, § 1, 4-21-03)