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BULLET St. Louis City Revised Code Chapter 24.20 Historic Districts and Landmarks— Construction, Alteration and Demolition

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

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Chapter 24.20
Historic Districts and Landmarks— Construction, Alteration and Demolition

Sections:

24.20.010 Permit required when--Demolition, construction, alteration--Historic District or Landmark/Landmark Site.
24.20.020 Preliminary design review of proposed construction or exterior alterations--Demolition, construction, alteration--Historic District or Landmark/Landmark Site.
24.20.030 Determination of compliance or recommendation required before permit approved--Demolition, construction, alteration--Historic District or Landmark/Landmark Site.
24.20.040 Consideration of permit application--Demolition, construction, alteration--Historic District or Landmark/Landmark Site.
24.20.050 Granting or denial of permit application--Demolition, construction, alteration--Historic District or Landmark/Landmark Site.
24.20.060 Appeal on actions or determinations--Demolition, construction, alteration--Historic District or Landmark/Landmark Site.
24.20.070 Hearing on filed appeal--Demolition, construction, alteration--Historic District or Landmark/Landmark Site.
24.20.080 Attempt to reconcile proposed action with applicable standards--Demolition, construction, alteration--Historic District or Landmark/Landmark Site.
24.20.090 Consideration of claim that property cannot be put to reasonable beneficial use without approval of proposed work--Demolition, construction, alteration--Historic District or Landmark/Landmark Site.
24.20.100 Considerations in review of proposed work--Demolition, construction, alteration--Historic District or Landmark/Landmark Site.
24.20.110 Decision or determination--Demolition, construction, alteration--Historic District or Landmark/Landmark Site.
24.20.120 Further appeals--Demolition--Historic District or Landmark Site.

24.20.010 Permit required when--Demolition, construction, alteration--Historic District or Landmark/Landmark Site.

No owner or other person shall construct, demolish or alter any designated feature or exterior architectural feature with respect to any Improvement situated within an Historic District, or within or part of a Landmark or Landmark Site, nor shall such person cause or permit any such work to be performed upon such property, unless an application shall have been filed with the building Commissioner and a permit obtained therefor from the building Commissioner. The building Commissioner shall immediately upon receipt of any such application for permit forward a copy of such application to the Cultural Resources Office for review.
(Ord. 64689 39, 1999.)

24.20.020 Preliminary design review of proposed construction or exterior alterations--Demolition, construction, alteration--Historic District or Landmark/Landmark Site.

The Preservation Board may establish procedures for preliminary design review by the Cultural Resources Director and the staff of the Cultural Resources Office of proposed construction or Exterior Alterations where Landmark or Historic District standards may be expected to apply. If, after a preliminary design review as above, an application for permit is received by the building Commissioner which conforms to the plans and specifications as approved at the preliminary design review, the building Commissioner may issue the permit.
(Ord. 64689 40, 1999.)

24.20.030 Determination of compliance or recommendation required before permit approved--Demolition, construction, alteration--Historic District or Landmark/Landmark Site.

No permit for any such construction, alteration or demolition shall be issued by the building commissioner unless the Cultural Resources Director shall have determined that the proposed work complies with the applicable Historic District or Landmark or Landmark site standards, or the Preservation Board or Cultural Resources Director has recommended that the application for permit be approved.
(Ord. 64689 41, 1999.)

24.20.040 Consideration of permit application--Demolition, construction, alteration--Historic District or Landmark/Landmark Site.

If the proposed construction, alteration or demolition is not covered by any duly approved design standard for the Historic District, Landmark or Landmark Site in which the Improvement is situated, the Cultural Resources Office or the Preservation Board shall review the application for permit, as provided by the rules of the Preservation Board. In making such review, the Preservation Board or Cultural Resources Office, as the case may be, shall consider such application in light of the Historic District plan and Historic District standards with respect to the Historic District, or the Landmark plan and standards, as the case may be, the intent of this title, the effect of such proposed construction, alteration or demolition on the significant features or characteristics of the Historic District or Landmark or Landmark Site which were the basis for the Historic District or Landmark or Landmark Site designation and such other considerations as may be provided by rule of the Preservation Board. The Preservation Board or the Cultural Resources Office, as the case may be, shall forward its determinations or recommendations with respect to the application to the building Commissioner within forty-five (45) days from the date of application for permit. The building commissioner shall deny the application for permit if the Preservation Board or the Cultural Resources Office, as the case may be, recommends that the permit be denied or if the Applicant refuses to accept conditions to approval that may be required by the Cultural Resources Office or Preservation Board or by the building Commissioner on direction of the Cultural Resources Office or the Preservation Board.
(Ord. 64689 42, 1999.)

24.20.050 Granting or denial of permit application--Demolition, construction, alteration--Historic District or Landmark/Landmark Site.

The building Commissioner shall in any case grant or deny the application for a permit within fifty (50) days from the date of application.
(Ord. 64689 43, 1999.)

24.20.060 Appeal on actions or determinations--Demolition, construction, alteration--Historic District or Landmark/Landmark Site.

Any person aggrieved by, or any officer, department, board, bureau or commission of the City affected by, the action of the building Commissioner with respect to a requested permit based on the Cultural Resources Office's application of the Landmark or Historic District standards to a requested permit or based on the recommendations or determinations by the Preservation Board or Cultural Resources Office pursuant to Sections 24.20.010 through 24.20.050, may appeal the action of the building Commissioner to the Preservation Board for review and hearing. Such appeal shall be known as a preservation appeal and shall be taken within thirty (30) days after the action of the building Commissioner by filing a notice of appeal with the Cultural Resources Office specifying the grounds of such appeal.
(Ord. 64689 44, 1999.)

24.20.070 Hearing on filed appeal--Demolition, construction, alteration--Historic District or Landmark/Landmark Site.

Within forty-five (45) days after the filing of appeal to the Preservation Board, the Preservation Board shall hold a hearing thereon. The Preservation Board shall hear the recommendations and evidence submitted by the Cultural Resources Office and by any officer, department, board, bureau or commission desiring to be heard thereon and shall permit the appellant and other parties to the appeal an opportunity to appear and be heard by the Preservation Board and to submit evidence. The Preservation Board may permit any other interested person an opportunity to appear and be heard by the Preservation Board. The Preservation Board may continue or adjourn the hearing or schedule additional hearings to permit a full hearing of the appeal. The Preservation Board shall cause all proceedings in a preservation appeal to be suitably recorded and preserved.
(Ord. 64689 45, 1999.)

24.20.080 Attempt to reconcile proposed action with applicable standards--Demolition, construction, alteration--Historic District or Landmark/Landmark Site.

The Preservation Board shall endeavor to reconcile the construction, alteration or demolition proposed by the Applicant for permit with the applicable Historic District or Landmark standards. If an application for permit is revised or resubmitted in accordance with such a reconciliation, then the Building Commissioner shall approve the necessary permit, provided that any conditions for such permit under the building code or other ordinances have otherwise been met.
(Ord. 64689 46, 1999.)

24.20.090 Consideration of claim that property cannot be put to reasonable beneficial use without approval of proposed work--Demolition, construction, alteration--Historic District or Landmark/Landmark Site.

If the Applicant for permit claims that the property involved cannot be put to a reasonable beneficial use without the approval of the proposed construction, alteration or demolition the Applicant shall present evidence at the hearing before the Preservation Board, establishing such claim, and in the case of income-producing property, the Applicant shall also present evidence whether the Applicant is able to obtain a reasonable return on the Applicant's investment from the property without the approval of the proposed construction, alteration or demolition. If such a claim is presented, the Preservation Board shall consider the possibility of preserving the property, including plans for its use in economically productive ways. The Preservation Board may hear evidence thereon at the hearing or may continue the hearing for a reasonable time to permit the preparation and presentation of evidence thereon to the Preservation Board by the Cultural Resources Director, the Cultural Resources Office, or any other person, including members of the Preservation Board. After consideration of the evidence, the Preservation Board shall make a determination whether the property can be put to a reasonable beneficial use without the approval of the proposed work; and in the case of income-producing property, the Preservation Board shall also determine whether the Applicant can obtain a reasonable return on its investment from the property without the approval of the proposed work.
(Ord. 64689 47, 1999.)

24.20.100 Considerations in review of proposed work--Demolition, construction, alteration--Historic District or Landmark/Landmark Site.

In its review of the proposed construction, alteration or demolition, the Preservation Board shall consider whether the proposed work would violate the intent of this title and the intent of the applicable Historic District or Landmark or Landmark Site designation ordinance as reflected in the Historic District or Landmark preservation plan, whether the proposed work would adversely affect the characteristics of the district or site which were the basis for the Historic District, Landmark or Landmark Site designation, whether there have been changes in the circumstances or conditions in or affecting the Historic District, Landmark or Landmark Site since its designation, and other relevant considerations, such as the availability of economically feasible alternatives to the proposed work.
(Ord. 64689 48, 1999.)

24.20.110 Decision or determination--Demolition, construction, alteration--Historic District or Landmark/Landmark Site.

A. Unless there shall have been a reconciliation, the Preservation Board shall issue a decision, reversing or affirming, with or without conditions or modifications, the action of the Building Commissioner with respect to the requested permit or make such order, decision or determination as ought to be made. The Preservation Board shall make its decision within fifty-five (55) days after the filing of appeal to the Preservation Board, except that if the Applicant for permit submits evidence in support of a claim that the property cannot be put to a reasonable beneficial use without the approval of the proposed construction, alteration or demolition, the Preservation Board shall have forty-five (45) days following completion of the hearing on the preservation appeal to make its decision, including any determinations required to be made under Section 24.20.090. The Preservation Board shall promptly notify the parties and the Building Commission in writing of its decision. Such decisions of the Preservation Board as they affect an application for demolition of a structure, whether in whole or in part, are provisional for which review by the Planning Commission is possible consistent with Sections Fifty and Fifty-Three hereof; all other such decisions of the Preservation Board are final for purposes of Section 536.110 RSMo. Notwithstanding the foregoing, a decision of the Preservation Board to grant a demolition permit in which a delay is imposed, as described in subsection B of this section, is not susceptible to review by the Planning Commission until and unless the period of delay has expired.

B. If the Preservation Board determines that the property cannot be put to a reasonable beneficial use without the approval of the proposed construction, alteration or demolition, the Preservation Board shall recommend that the application for permit be granted (subject to applicable building code requirements), except that the Preservation Board may delay the granting by the Building Commissioner of the permit for construction, alteration or demolition for up to one hundred (100) days to pursue alternatives for preserving such property. Such period of delay shall be measured from the date of the Preservation Board's decision of the preservation appeal. The determination to delay the granting of such permit shall require the affirmative vote of at least five of the seven members of the Preservation Board and a finding by the Preservation Board that the proposed construction, alteration or demolition will have a significant adverse effect on the Historic District or the Landmark or Landmark Site. If, during such period of delay, new or additional material information is discovered or becomes available to the Preservation Board relating to the reasonable beneficial use of the property or to alternatives for preserving such property, the Preservation Board may, during such period of delay and upon notice to the parties, reopen the hearing to take additional evidence and may revise its findings or decision based on such evidence.
(Ord. 64925 1, 2000; prior: Ord. 64689 49, 1999.)

24.20.120 Further appeals--Demolition--Historic District or Landmark/Landmark Site.

An applicant aggrieved by, or any officer, department, board, bureau or commission of the City affected by, a decision of the Preservation Board upon a preservation appeal relating to demolition of a structure, in whole or in part, may request review of such provisional decision by the Planning Commission. Such request shall be in writing and delivered by certified or registered mail, within thirty (30) days of the issuance of the provisional decision, to the Planning Commission in care of the Director of the Planning Office at its then address, with a copy to the Director of the Cultural Resources Office and the City Counselor of the City of St. Louis. The Planning Commission shall review such request at a regular or special meeting held within forty-five (45) days of the receipt thereof. The decision of the Planning Commission to accept or deny such review shall be exercisable in its sole, unrestricted discretion by a vote of a majority of a quorum of the Planning Commission. The Planning Commission shall give written notice of its decision to all affected parties within twenty (20) days. If such decision is to refuse review, then the written notice thereof shall constitute notice to the aggrieved party of the finality of the Preservation Board's decision for purposes of Section 536.110 RSMo. If the decision of the Planning Commission is to accept review, then the notice shall, in addition to notifying all affected parties of the decision, inform all parties of the date and time for such review in accordance with Section 24.28.010. The Cultural Resources Office shall immediately refer any application which is the subject of such an appeal as well as the full and complete evidentiary record adduced before the Preservation Board to the Planning Commission prior to the date of the Planning Commission's review.
(Ord. 64925 2, 2000: prior: Ord. 64689 50, 1999.)

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