Municipal Ordinances
Chapter 40 - Urban Renewal
Chapter Contents:
Article I - In General
Article II - Rolla Historic Preservation Commission
Sec. 40-1. Powers of department of community development.
The mayor and city council approve of the exercise by the department of community development of the city, acting by and through the city council, of the powers, functions and duties as specified in the Land Clearance for Redevelopment Law as amended.
It has been the intent of the council that from the inception of the urban renewal program that the city council be the administering authority.
The previous actions of the city council with regards to the department of community development of the city, the Ber-Juan Urban Renewal Project and the urban renewal program are hereby ratified and confirmed. (Ord. 1735, §§1, 2, 3.)
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Secs. 40-1 to 40-6. Reserved.
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ARTICLE II - ROLLA HISTORIC PRESERVATION COMMISSION
Sec. 40-7. Established; Purpose; Appointment; Qualifications.
- There is hereby established a Rolla Historic Preservation Commission (RHPC), the purpose of which shall be to effect the protection, enhancement, perpetuation, and use of districts, sites, buildings, structures, and objects which reflect elements of the City’s historic, aesthetic, archaeological and architectural heritage.
- The RHPC shall endeavor, as its primary mission, to encourage preservation, restoration, and rehabilitation of the City’s historic structures, districts, and neighborhoods.
- The RHPC shall be appointed by the Mayor with the consent of the City Council and shall consist of five (5) members, residents of the City or county. Not more than two (2) members shall reside outside the City limits. In addition, a member of the council and a member of the Planning and Zoning Commission may serve as ex officio members, but shall have no vote.
- To the extent feasible the Mayor and City Council will appoint to the RHPC persons with professional backgrounds in architecture, law, real estate, engineering, history, finance, and other fields relevant to historic preservation. (Ord. 4106)
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Sec. 40-8. Terms of members, removal from office.
- The members of the RHPC shall hold office for a five (5) year staggered term following the date of their appointment, excepting that the membership of the first RHPC shall serve respectively for terms of one (1) for one year; one (1) for two (2) years; one (1) for three (3) years; one (1) for four (4) years; and one (1) for five (5) years. Vacancies shall be filled for the unexpired term only.
- Upon recommendation by the Mayor, a member of the RHPC may be removed by a vote of seven (7) City Council members. A member may also be removed by a vote of eight (8) City Council members independently of the Mayor’s recommendation.
- Any RHPC member who fails to attend three (3) consecutive regular meetings shall forfeit their membership upon notification by the RHPC Chairman and approval by the Mayor.
- RHPC members serve without compensation. (Ord. 4106)
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Sec. 40-9. Officers, Meetings.
- Within fifteen (15) days after their initial appointment, the RHPC shall meet and elect one of its members as Chairman and one as Vice-Chair. The term of the Chairman and Vice-Chairman shall be one (1) year with eligibility for reelection.
- The City Clerk or another person designated by the City Administrator shall be the recording secretary and shall keep a record of all votes and actions taken at the meetings. A copy of the minutes of every meeting of the RHPC shall be provided to the City Council and shall be public record.
- A quorum of the RHPC shall consist of at least three (3) voting members. All decisions or actions of the RHPC shall be made where a quorum exists. Meetings shall be held at regularly scheduled times to be determined by the RHPC annually or at any time upon the call of the Chairman.
- No member of the RHPC shall vote on any matter, which may materially or apparently affect the property, income, or business interest of that member. No action shall be taken by the RHPC which could in any manner deprive or restrict the owner of a property in its use, modification, maintenance, disposition, or demolition until such owners shall first have had an opportunity to be heard at a public hearing on the matter, as provided herein. (Ord. 4106)
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Sec. 40-10. Powers and Duties of the RHPC.
- Adopt its own procedural regulations, provided that such regulations are consistent with this or any other chapter of the Rolla City Code and state or federal statutes;
- Provide education to the public in historic preservation;
- Develop a survey plan for Rolla to identify and document historically or architecturally significant buildings, structures, and areas that exemplify the cultural, social, economic, political, or architectural history of the nation, state, or City.
- Review and recommend to the City Council the identification of significant historical, architectural, and archeological properties, sites, structures, buildings, or areas as a Rolla Historic District or as a Rolla Historic Property without attaching to those districts or properties any restrictions for receiving this designation;
- Review and recommend to the City Council the designation of properties located in Rolla fulfilling the requirements, as stipulated in Sec.40-13, as a "Rolla Historic Preservation Property";
- Confer recognition upon owners of a Rolla Historic property or of property or structures within a Rolla Historic District by means of letters, certificates, plaques, or markers;
- Make recommendation for the design and implementation of specific markings of the streets, and routes for a Rolla Historic District, or as a Rolla Historic property;
- Keep a register of all districts and properties which have been designated as historic or as a "Rolla Historic Preservation Property", including all information and photos used for each designation and to determine if changes are being proposed;
- Periodically review designated properties to insure continued compliance;
- Advise and assist owners of Rolla Historic property on the physical and financial aspects of preservation, restoration, rehabilitation, and reuse;
- Advise interested parties on procedures for inclusion in the National Register of Historic Places, provide relevant forms, review and comment on applications as requested by the owner;
- Review applications for a permit for construction, alteration removal, or demolition affecting a property designated by the City Council as a Rolla Historic Preservation Property;
- Hold public hearings as determined necessary;
- Develop, interpret, and apply design guidelines contained in this ordinance as they relate to a "Rolla Historic Preservation Property";
- Review and comment on proposed amendments or variances to Rolla’s planning and zoning code pertaining to a "Rolla Historic Preservation Property" prior to any action by the Planning and Zoning Commission or the Board of Adjustment;
- Advise the City Council, the Planning and Zoning Commission, and the Board of Adjustment on any matter affecting historically, architecturally, archaeologically significant properties, structures, and areas;
- Make recommendations to the Mayor concerning the application for and use of any federal, state, or private grant, grant-in-aid, gift, or bequest awarded to the City to further the purposes of this Chapter; and
- Coordinate actions with the State Historic Preservation Office (SHPO);
- To make recommendations to the City Council concerning budgetary appropriations to further the general purposes of this Chapter.
- Undertake appropriate action necessary for the implementation of the powers and duties and purpose of this Chapter. (Ord. 4106)
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Sec. 40-11. Designation of Historic Properties.
- Identification of a Rolla Historic District and historic properties and designation of properties earning the title "Rolla Historic Preservation Property" does not require either federal or state historic register certification before local designation may take effect nor does it confer any federal or state historic designations.
- Rolla Historic Property identification.
- Criteria to qualify for identification as an historic property. To qualify for identification as an historic property, each property described in the application must meet at least one of the following criteria:
- Its value as part of the heritage or culture of Rolla;
- Its location as a site of a significant event;
- Its identification with a person or persons who made a significant contribution to the development of the community, state, or nation;
- Its distinguishing characteristics of an architectural style or method of construction
- Its identification as the work of a master designer, architect, landscape architect, or builder whose work influenced the development of Rolla, state, or nation
- Its elements of design, detailing, materials or craftsmanship renders it significant
- Its design elements make it structurally innovative;
- Its unique location or physical characteristics that make it a familiar visual structure in Rolla
- Its character as a particularly fine or unique example of a utilitarian structure with a high level of integrity or architectural significance; and/or
- Its suitability for preservation or restoration.
- Application procedures for identifying an historic property.
- Applications for identification as a Rolla Historic Property may be obtained from the City Clerk or Chairman of the RHPC.
- A completed application for identification as a historic property must be submitted to the City Clerk or the Chairman of the RHPC by the owner(s) of the property. (Ord. 4106)
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Sec. 40-12. Identification of Historic Districts.
- Criteria to qualify for designation as a district.
- At least five (5) properties lying within the proposed district boundaries must be identified as eligible to be designated as a Rolla Historic Property.
- A majority of properties lying within the proposed district boundaries must also be identifiable as potential Rolla Historic Property.
- Application procedures for identification as an historic district.
- Applications for designation as a Rolla Historic District may be obtained from the City Clerk or the Chairman of the RHPC.
- When completed, the application materials shall be returned to the RHPC or City Clerk by a group of five (5) or more property owners, whose properties are located in close proximity to each other may collectively seek to have their properties included in the historic district.
- Application review seeking designation as a Rolla Historic Property or as a Rolla Historic District.
- The Chairman of the RHPC shall add each completed application to the agenda of the next regular meeting for review, providing each member of the RHPC shall have at least seven (7) days to review the application before the meeting.
- Review of all completed applications will be concluded within the thirty (30) days following the RHPC meeting at which the application was first reviewed, unless the RHPC concludes that additional information will be necessary before it may make an informed decision. Upon receipt of the last requested information, the review will be concluded within thirty (30) days.
- In its review, the RHPC shall be guided by the criteria set out in Section 40-16.
- Recommendation of the RHPC relating to identification as a Rolla Historic Property or as a Rolla Historic District. Upon consideration of the completed application, the RHPC shall, by majority vote, decide whether to recommend or not to recommend approval of the application to the City Council.
- If the vote is to recommend approval, the Chairman of the RHPC shall notify the property owner (s) and shall submit to the City Council the completed application, plus any additional information considered by the RHPC, together with the vote and the rationale behind the RHPC's decision. If the vote is not to recommend approval, the Chairman of the RHPC shall meet with the property owner (s) and shall explain the RHPC rationale for its decision. If the property owner(s) then wish to ask the City Council to reject the recommendation of the RHPC, they may do so. In such case, the property owner(s) shall formally notify the Chairman of the RHPC, in writing, of his/her intent to appeal the recommendation of the RHPC to the City Council. Upon receipt of that notice, the Chairman shall forward the completed application to the City Council, plus any additional data considered by the RHPC, together with the vote and rationale of the RHPC.
- The decision of the City Council to grant or to deny, identification as a Rolla Historic Property or for inclusion in a Rolla Historic District is final.
- The decision of the City Council to grant these designations will be conveyed by the Community Development Director (Director) to the relevant property owner(s), the Planning and Zoning Commission, and the RHPC. (Ord. 4106)
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Sec. 40-13 "Identification of Rolla Historic Preservation Properties"
- Criteria to qualify for designation as a "Rolla Historic Preservation Property". This designation is the most prestigious recognition granted in Rolla to an owner of an historic property. To qualify for this recognition requires that each property owner (s) follow the procedures outlined above to secure such designation as a historic property. Each owner must voluntarily agree, in writing, to abide by the restrictions described in Sections 40-11, 40-12, 40-13, 40-14, 40-15, 40-16, 40-17, 40-18, and 40-19.
- Application for designation as a "Rolla Historic Preservation Property".
Applications for designation as a "Rolla Historic Preservation Property", together with a copy of the historic preservation ordinance relating to this designation, may be obtained from the City Clerk or the RHPC Chairman. Completed applications may be submitted to the City Clerk or to the RHPC Chairman by the owner(s) of the property seeking this designation.
Every owner of a property proposed for this designation must sign the application, which shall include the following agreement:
"The undersigned, being the owner(s) of the above described property, hereby request its designation as a "Rolla Historic Preservation Property". I/we have read and understood the Rolla Historic Preservation Ordinance. By signing this application, I/we agree that if my/our property(ies) receive this designation, I/we accept all regulations, restrictions, and protections set out in this ordinance relating to historic properties and districts."
- Upon consideration of the completed application, the RHPC shall, by majority vote, decide whether to recommend or not recommend approval of the application to the City Council.
If the vote is to recommend approval, the Director shall notify the property owner (s) and shall submit to the City Council the completed application, plus any additional data considered by the RHPC, together with the vote and rationale of the RHPC.
If the vote is not to recommend approval, the Director shall notify the property owner(s) and shall explain the RHPC rationale for its decision. If the property owner(s) then wish to ask the City Council to reject the recommendation of the RHPC, they may do so. In such cases, the property owner(s) shall notify in writing the Director of their intent to appeal the recommendation of the RHPC to the City Council upon receipt of that notification, the Director shall submit to the City Council the completed application, plus any additional data considered by the RHPC, together with the vote and the rationale of the RHPC.
- The decision of the City Council to grant or deny an historic property the additional designation as a "Rolla Historic Preservation Property" is final.
The decision of the City Council to grant this additional designation will be conveyed to the respective property owner(s), the Planning and Zoning Commission, the RHPC, and the Director.
- The property owner (s) may, upon notice to the RHPC, request that the subject property may have its designation as a "Rolla Historic Preservation Property" terminated by City Council. (Ord. 4106)
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Sec. 40-14. Restriction on Properties Designated as "Rolla Historic Preservation Property".
Property owners who voluntarily seek this designation and who sign the statement/agreement stipulated in Section 40-13, contractually accept all regulations and protections provided in Sections 40-11 through 40-19.
- Property owner(s) also acknowledge that these regulations, restrictions, and protections shall apply to the designated property in the future, regardless of the transfer of ownership. Current property owner(s) also agree that, before transferring their property to a new owner, they will notify that subsequent owner, in writing, with a copy sent to the City Clerk, of the property(s) designation as a “Rolla Historic Preservation Property” and shall provide the new owner with a copy of the current historic preservation ordinance, a copy of which may be obtained from the City Clerk.
- Restrictions on properties designated as a “Rolla Historic Preservation Property” may be removed or modified only by action of the City Council. (Ord. 4106)
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Sec. 40-15. Financial Incentive to Foster Historic Preservation.
Should the City Council establish financial incentives to foster historic preservation, excluding recognition by means of letters, certificates, plaques, or markers, only those properties designated as a “Rolla Historic Preservation Property” shall be eligible. (Ord. 4106)
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Sec. 40-16. Design Guidelines.
The following design guidelines shall apply to any alteration, demolition, or new construction to properties designated by the City Council, following the process outlined in this Article, as a Rolla Historic Preservation Property", so that properties will be compatible with their original style and character as well as to surrounding historic structures:
- Height: The height of any proposed alteration or construction should be compatible.
- Doors and windows proportions: The proportions and relationships between doors and windows should be compatible.
- Relationship between building masses and spaces: The relationship of a structure within a historic district to the open space between it and adjoining structures should be compatible.
- Roof type and material: The design of the roof should be compatible in terms of type and materials used.
- Building scale: The scale of the building after alteration, construction, or partial demolition should be compatible.
- Building facades: Facades in historic areas should blend with other structures – and should not be significantly higher or wider.
- Architectural details:
- Architectural details and materials should be treated so as to make an historic property compatible with its original design or its predominant architectural style.
- The removal of historic materials or alteration of features and spaces that characterize a property should be avoided.
- Changes that create a false sense of historic architecture should not be undertaken. Most properties change over time; those changes that have acquired historic significance in their own right may be retained and preserved or the property may be restored to its original period.
- Deteriorated historic features should be repaired rather than replaced. When replacement is required, the new feature shall match the old design and, where economically feasible, materials.
- Chemical or physical treatments for surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. Sandblasting is not recommended.
- Archaeological resources: Significant archaeological resources affected by a project should be protected and preserved. If such resources must be disturbed, mitigation measures should be undertaken.
- Signage: The character of signs should be in compliance with City regulations and in keeping with historic or architectural character of the individual property and the surrounding district. The RHPC shall recommend approval or denial prior to any installation assuming the sign code is met.
- Minimum maintenance: The minimum maintenance standards shall be those outlined in the Property Maintenance Code adopted and updated by the City Council.
- Ordinary maintenance: Nothing in this article shall be construed to prevent the ordinary maintenance or repair of any exterior element of any building or structure. Ordinary maintenance is defined as work, for which a building permit is not required, where the purpose and effect of such work is to correct any deterioration or decay of or damage to a structure and to restore the same to its condition prior to the occurrence of such deterioration, decay, or damage.
- Exclusion: This article shall not be construed to prevent the construction, reconstruction, alteration, or demolition of any such elements, which the authorized municipal officers shall consider as necessary for the health, safety, or community welfare. (Ord. 4106)
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Sec. 40-17. Historic property construction permits.
The guidelines for the issuance of an historic property construction permit are:
- An historic property construction permit will be required for any construction, structural alteration, removal, or demolition effecting the exterior of a "Rolla Historic Preservation Property", in whole or in part, and requiring a City building permit.
- In addition to exterior work, an historic property construction permit will be required for other work, which includes, but is not limited to, the addition, alteration, or removal of architectural or decorative details as well as signage.
- A construction permit involving historic properties will not be required for ordinary maintenance or repair of any exterior element of any building or structure. Ordinary maintenance is defined in Section 40-16 (11).
- An historic property construction permit will not be required for:
- Landscaping;
- Paint color;
- Mailboxes;
- Light fixtures;
- Sculpture:
- Unenclosed patios;
- Gazebos under 100 square feet in area;
- Arbors;
- Pergolas.
(Ord. 4106)
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Sec. 40-18. Application for an historic property construction permit.
When an historic property permit is required, the applicant shall:
- Contact the Director and/or the Codes Administrator to discuss the work and to determine the need for an historic property construction permit and/or a building permit.
- If an historic property construction permit is needed, the application should be made to the Community Development Department. The Director shall forward the completed permit application, along with current photograph of the property, to the RHPC. Applicants may also be required to submit plans or other detailed information as may be required for review as a historic property.
- Make every effort to attend the RHPC meeting during which the application is reviewed. (Ord. 4106)
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Sec. 40-19. Application review.
When a completed application for an historic property construction permit has been submitted to the RHPC, the commission shall:
- Add the application to the next regular meeting for review. The commission may call a special meeting to review routine applications when delay might become an unnecessary inconvenience to the applicant.
- Review of all applications will be completed within 15 days. If the commission cannot meet the time frame specified for lack of a quorum, and the applicant desires a decision, the Chairman of the RHPC shall have the authority to recommend the approval or denial of the permit.
- The review period may be extended an additional 15 days if more information is required before a vote can occur.
- Upon recommendation of approval by the commission, the Codes Administrator shall issue the permit.
- Any recommendation of denial shall be accompanied by a statement of the reasons for that recommendation. The RHPC shall also include recommendations, which would cause the commission to reconsider its recommendation. The RHPC Chairman, the Codes Administrator, and Director, shall meet with the applicant as soon as possible, to resolve the differences. The applicant may submit a petition for a variance to the Board of Adjustment if an appeal is desired. In this case, the provisions of Chapter 42 pertaining to variances shall be followed. The applicant may amend the application at any time during the review process or reapply at a later date.
- If the RHPC fails to recommend approval or denial of the application within 30 days of its submission, the application will be automatically approved.
- Once an historic property construction permit has been issued any minor changes, as determined by the Director, may be approved without the submission of a new application. All major changes must be reviewed by the RHPC. (Ord. 4106)
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Sec. 40-20. Stop work order.
When the Codes Administrator has reason to believe that an action for which an historic property construction permit is required has been initiated, or is about to be initiated, he shall make every effort to contact the property owner, occupant, contractor, or subcontractor and inform them of the necessity of submitting an application for an historic property construction permit. If the Codes Administrator determines it is a necessity to issue a stop work order, he shall make every attempt to serve the same on the property owner, occupant, contractor, or subcontractor in person and by certified mail. (Ord. 4106)
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Sec. 40-21. Fees and penalties.
Fees shall coincide with existing permit applications. Penalties shall be those set out under the existing penalty provisions in the Code as adopted by City Council. (Ord. 4106)
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