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When a building has been designated Significant or Contributory or its designation is changed pursuant to Section 1106, or when a new Conservation District is established or the boundary of a Conservation District changed pursuant to Section 1107, the Planning Department shall notify each affected property owner by mail and shall cause a copy of the ordinance, or notice thereof, to be recorded with the County Recorder. The Planning Department shall file in its permanent records any new designation or change in designation of a Significant or Contributory Building or a new Conservation District or change of Conservation District boundary and shall notify the Central Permit Bureau pursuant to Section 1117 of this Article.
(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Section amended; Ord. 95-12, Eff. 6/20/2012.
Lots on which are located Significant or Contributory Buildings or Category V Buildings in those certain Conservation Districts and portions thereof as indicated in Section 8 of the Appendix relating to that District are eligible preservation lots as provided in Section 128 of this Code for the purposes of Transferable Development Rights ("TDR"), as provided in this Section:
(a) Significant Buildings. Lots on which are located buildings designated as Significant Buildings - Category I or Category II - are eligible to transfer the difference between the allowable gross floor area permitted on the lot by Section 124 of this Code and the gross floor area of the development on the lot, if all the requirements for transfer set forth in Section 128 are met. Lots on which are located Significant Buildings which have been altered in conformance with the provisions of this Article retain eligibility for the transfer of TDR.
(b) Contributory Buildings. Lots on which are located buildings designated as Contributory Buildings - Category III or Category IV - are eligible to transfer the difference between the allowable gross floor area permitted on the lot by Section 124 of this Code and the gross floor area of the development on the lot, if all the requirements for transfer set forth in Section 128 are met. Alteration or demolition of such a building in violation of Section 1110, or alterations or demolitions made without a permit issued pursuant to Sections 1111 through 1111.7, eliminates eligibility for the transfer of TDR; provided, however, that such eligibility may nonetheless be retained or acquired again if, pursuant to Section 1116(b), the property owner demonstrates as to any alteration that it was a Minor Alteration as defined in this Article and has applied for a Permit for Minor Alteration pursuant to Section 1111.1; or that the property owner has obtained a Permit to Alter to restore the original distinguishing qualities and character-defining features that were altered. Once any TDR have been transferred from a Contributory Building, the building is subject to the same restrictions on demolition and alteration as a Significant Building. These restrictions may not be removed by the transfer of TDR back to the building.
(c) Category V Buildings in Conservation Districts. Where explicitly permitted in Section 8 of the Appendix establishing a Conservation District, lots located in such a District on which are located Category V Buildings (designated as neither Significant nor Contributory) are eligible to transfer the difference between the allowable gross floor area permitted on the lot under Section 124 of the Code and the gross floor area of the development on the lot, if all the requirements for transfer set forth in Section 128 are met; provided, however, that a lot is eligible as a Preservation Lot pursuant to this Section only if:
(1) the exterior of the building is substantially altered so as to make it compatible with the scale and character of the Significant and Contributory Buildings in the district, including those features described in Sections 6 and 7 of the Appendix to Article 11 describing the relevant district, and has thus been determined by the HPC to be a Compatible Rehabilitation, and the building meets or has been reinforced to meet the standards for seismic loads and forces of the Building Code
; or
(2) the building on the lot is new, having replaced a Category V Building, and has received approval by the HPC as a Compatible Replacement Building, pursuant to Section 1113.
(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Undesignated introductory paragraph and divisions (b) and (c) amended; Ord. 95-12, Eff. 6/20/2012.
(a) No person shall carry out or cause to be carried out any construction, alteration, removal or demolition of a structure or any work involving a sign, awning, marquee, canopy, mural, or other appendage, or any new or replacement construction for which a permit is required pursuant to the Building Code, on any designated Significant or Contributory Building or any building in a Conservation District unless a permit for such work has been approved pursuant to the provisions of this Article 11. Notwithstanding the foregoing, when the application is for a permit to maintain, repair, rehabilitate, or improve streets and sidewalks, including sidewalk widening, accessibility, and bulb-outs, the Planning Department shall process the permit without further reference to this Article 11, unless such streets and sidewalks have been explicitly called out in a conservation district's designating ordinance as character-defining features of the district.
(b) The HPC shall approve, disapprove, or modify all applications for permits to alter or demolish any Significant or Contributory Buildings or buildings within Conservation Districts, and permits for any new and replacement construction within Conservation Districts, subject to appeal as provided in Section 1115 of this Article 11. The HPC shall review and act on such permits prior to any other Planning approval action(s). Buildings or areas within the C-3 District designated pursuant to the provisions of both Article 10 and Article 11 shall be regulated pursuant to the procedures of both Articles. In case of conflict, the more restrictive provisions shall apply.
(c) If the proposed work would constitute a demolition as defined in Section 1005(f) of this Code, such work shall, in addition to any other requirements, be subject to the provisions of this Article 11 governing demolitions and shall require a "Permit to Demolish." All other proposed construction or alteration of a structure, including any new or replacement construction, or any work involving a sign, awning, marquee, canopy, mural, or other appendage work, but excepting ordinary maintenance and repairs, shall require a "Permit to Alter."
(d) No person shall demolish or cause to be demolished a Significant or Contributory Building or any building in a Conservation District without obtaining a Permit to Demolish and, if located within a Conservation District, a permit for a Compatible Replacement Building.
(e) If at any time following the approval of a Permit to Alter, changes are proposed to the scope of work such that the proposed new scope of work, if approved, would constitute a demolition as defined herein, the owner shall file a new application for a Permit to Demolish and shall obtain such approval prior to proceeding with the proposed new scope of work.
(f) A building permit application or amendment for any work that exceeds the scope of work of an approved Permit to Alter or Permit to Demolish shall be referred to the Planning Department by the Central Permit Bureau for HPC review and approval pursuant to this Article 11 before the permit may be approved or issued.
(g) Notwithstanding the foregoing, in the following cases the Department may process the permit application without further reference to this Article 11:
(1) When the application is for a permit for ordinary maintenance and repairs only. For the purpose of this Article 11, "ordinary maintenance and repairs" shall mean any work, the sole purpose and effect of which is to correct deterioration, decay, or damage of existing materials, including repair of damage caused by fire or other disaster.
(2) When the application is for a permit to construct any new or replacement structures on a site where a Significant or Contributory Building has been lawfully demolished pursuant to this Code and the site is not within a designated Conservation District; or
(3) When the application is for a permit to make interior alterations only and does not constitute a demolition as defined in this Article, unless the Planning Department has determined that the proposed interior alterations may result in any visual or material impact to the exterior of the building or when the designating ordinance or applicable Appendix in this Article requires review of such interior alterations;
(5) When the application is for a permit to install business signs or awnings as defined in Section 602 of this Code to a Significant or Contributory building or any building within a Conservation District, provided that signage, awnings, and transparency conform to the requirements set forth in Section 1111.6; or
(6) When the application is for a permit to install low-profile skylights that are not visible from a public right-of-way or public park, provided that the improvements conform to the requirements set forth in Section 1111.6.
AMENDMENT HISTORY
Section header amended; section amended in its entirety; Ord. 95-12, Eff. 6/20/2012. Division (g)(3) amended; division (g)(4) added; Ord. 53-23, Eff. 5/22/2023. Divisions (g)(3)-(4) amended; divisions (g)(5)-(6) added; Ord. 33-24, Eff. 3/23/2024. Divisions (g)(1) and (4) amended; Ord. 62-24, Eff. 4/28/2024.
CODIFICATION NOTE
Upon receipt of any application for a building permit, demolition permit, site permit, alteration permit, or any other permit relating to a Significant of Contributory Building or a building within a Conservation District, the Central Permit Bureau shall forward such application to the Planning Department for determination as to whether the application is subject to the provisions of this Article and, if so, for approval under this Article. An application for a Permit to Alter or Permit to Demolish or for new and replacement construction in any Conservation District shall be filed by the owner or authorized agent for the owner of the property for which the permit is sought with the Planning Department. Each application shall be verified by at least one property owner or his or her authorized agent attesting to the truth and correctness of all facts, statements and information presented.
(a) Content of Applications. The content of applications shall be in accordance with the policies, rules and regulations of the Department and the HPC. All applications shall be on forms prescribed therefore and shall contain or be accompanied by all information required to assure the presentation of all pertinent facts for proper consideration of the case and for the permanent record. Applications shall include the following information:
(1) Plans, sections and elevations showing all existing and proposed work, including but not limited to color, texture of materials, architectural design, profile, and detail;
(2) All demolition calculations and associated detail drawings showing all interior and exterior alterations associated with the proposed scope of work, including but not limited to any changes to the exterior and internal structural framework, floor plates, removal of interior walls, or changes to the foundation;
(3) Specifications describing the means and methods associated with the proposed scope of work, including any technical specifications for all exterior restoration or cleaning work;
(4) Photographs showing the property and the context of its surroundings;
(5) Any other information that the Department determines may be necessary for the particular scope of work proposed; and
(6) Information needed for the preparation and mailing of notices as specified in Section 1111.4.
(b) In addition to the contents specified for applications in (1) above, any application for a Permit to Demolish a Significant Building or a Contributory Building from which TDR have been transferred shall also contain the following information:
(1) An updated historic resource evaluation and conditions assessment report that includes any pertinent information on the condition of the building and historical, architectural, and cultural documentation about the building;
(2) The amount paid for the property;
(3) The date of purchase, the party from whom purchased, and a description of the business or family relationship, if any, between the owner and the person from whom the property was purchased;
(4) The cost of any improvements since purchase by the applicant and date the improvements were made;
(5) The assessed value of the land, and improvements thereon, according to the most recent assessments;
(6) Real estate taxes for the previous five years;
(7) Annual debt service, if any, for the previous five years;
(8) All appraisals obtained within the previous five years by the owner or applicant in connection with his or her purchase, financing or ownership of the property;
(9) Any listing of the property for sale or rent, price asked and offers received, if any;
(10) Any consideration by the owner for profitable and adaptive uses for the property, including renovation studies, plans, and bids, if any;
(11) If it is a Preservation Lot eligible to transfer TDR, the amount and value of such untransferred TDR;
(12) Annual gross income from the property for the previous five years;
(13) Itemized operating and maintenance expenses for the previous five years;
(14) Annual cash flow for the previous four years;
(15) Building plans, elevations, sections, detail drawings, and any other information required for the Replacement Building;
(16) The Statement of Eligibility as set forth in Section 128;
(17) An itemized list of the amount of TDR that has been transferred from the property;
(18) The amount received for rights transferred;
(19) The transferee(s); and
(20) A copy of each document effecting a transfer of such rights.
(c) An application for a Permit to Demolish any building located in a Conservation District or an application for new construction on vacant lots shall include plans, specifications and elevations showing the proposed exterior appearance, including but not limited to color, texture of materials, and architectural design and detail, for the replacement construction.
(d) Category V Buildings (Unrated). The owner or owner's representative of a Category V building located in a Conservation District may apply for one of the following:
(1) Compatible Rehabilitation. An applicant for a Permit to Alter a Category V Building (Unrated) may request on the application a determination by the HPC that if the proposed alteration is completed as approved, the building will be deemed a Compatible Rehabilitation under Section 1109(c) so that the lot on which the building is located becomes eligible as a Preservation Lot for the transfer of TDR.
(2) Compatible Replacement Building. An applicant for new construction in a Conservation District on a lot where a Category V Building (Unrated) has been lawfully demolished may request on the application a determination by the HPC that if the proposed new construction is completed as approved, the new building will be deemed a Compatible Replacement Builder under Section 1109(c) so that the lot on which the building is located becomes eligible as a Preservation Lot for the transfer of TDR.
(e) Permit and Application Fee Waivers. In cases of economic hardship, an applicant may be partially or fully exempt from paying fees pursuant to Section 350(e)(2).
(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Section header amended; section amended in its entirety; Ord. 95-12, Eff. 6/20/2012.
(a) The HPC shall determine if a proposed alteration is a Major Alteration or a Minor Alteration and may delegate review of proposed Minor Alterations to Department staff, whose decisions may be appealed to the HPC pursuant to subsection 1111.1(b). All work not determined to be a Minor Alteration shall be a Major Alteration and subject to HPC approval. If so delegated to Department staff, the categories of Minor Alteration shall include but are not limited to the following:
(1) Alterations whose sole purpose and effect is to comply with the UMB Seismic Retrofit Ordinances and that comply with the UMB Retrofit Architectural Design Guidelines, which guidelines shall be adopted by the HPC; and
(2) Any other work so delegated to the Department by the HPC.
(b) Upon receipt of a building permit application and delegation of its review to Department staff, the Department will review and render a decision on a Permit for Minor Alterations without a hearing before the HPC. The Department shall mail its written decision approving a Permit for Minor Alteration to the applicant and any individuals or organizations who have so requested in writing to the Department. The Department's decision may be appealed to the HPC within 15 days of the date of the written decision. The HPC may also review the decisions of the Department by its own motion if such motion is made within 20 days of the date of the written decision.
(c) All applications for a Permit to Alter that are not Minor Alterations delegated to Department staff shall be scheduled for a hearing by the HPC pursuant to the procedures in Sections 1111.4 and 1111.5 below. Notwithstanding the foregoing, in the following cases the Department shall process the permit application without further reference to the Permit to Alter procedures outlined herein:
(1) When the application is for a permit to make improvements to provide an accessible entrance to a Significant or Contributory building or any building within a Conservation District provided that the improvements conform to the requirements outlined in Section 1111.6 of this Code;
(2) When the application is for a permit to install business signs to a Significant or Contributory building or any building within a Conservation District provided that signage and transparency conform to the requirements outlined in Section 1111.6 of this Code;
(3) When the application is for a permit to install rooftop appurtenances that are not visible from a public right-of-way or public park, to a Significant or Contributory building or any building within a Conservation District provided that the improvements conform to the requirements outlined in Section 1111.6 of this Code; or; or1
(4) When the application is for a permit to install an awning to a Significant or Contributory building or any building within a Conservation District provided that the awning conforms to the requirements outlined in Section 1111.6 of this Code.
(4)1
When the application is for a permit to install business signs or awnings as defined in Section 602 of this Code to a Significant or Contributory building or any building within a Conservation District, provided that signage, awnings, and transparency conform to the requirements set forth in Section 1111.6; or
(5) When the application is for a permit to install low-profile skylights that are not visible from a public right-of-way or public park, provided that the improvements conform to the requirements set forth in Section 1111.6.
(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 227-92, App. 7/14/92; Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012; Ord. 166-16
, File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018; Ord. 122-23, File No. 230371, App. 7/5/2023, Eff. 8/5/2023; Ord. 159-23, File No. 230732, App. 7/28/2023, Eff. 8/28/2023; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024)
AMENDMENT HISTORY
Section header amended; section amended substantially in its entirety; Ord. 95-12, Eff. 6/20/2012. Divisions (a), (a)(1), (b), and (c) amended; Ord. 166-16
, Eff. 9/10/2016. Division (c) amended; divisions (c)(1)-(3) added; Ord. 179-18, Eff. 8/27/2018. Nonsubstantive amendments to divisions (c), (c)(2) and (3); divisions (c)(4) and (5) added; Ord. 122-23, Eff. 8/5/2023. Nonsubstantive amendments to divisions (c), (c)(2)-(3); division (c)(4) restated; division (c)(5) deleted; Ord. 159-23, Eff. 8/28/2023. Division (c)(3) amended; new divisions (c)(4)-(5)1 added; Ord. 33-24
, Eff. 3/23/2024.
CODIFICATION NOTE
1. So in Ord. 33-24.
(a) New general advertising signs are prohibited in any Conservation District or on any historic property regulated by this Article 11.
(c) In addition to the requirements of Article 6, an application for a business sign, general advertising sign, identifying sign, or nameplate to be located on a Significant or Contributory Building or any building in a Conservation District shall be subject to review pursuant to the provisions of this Article. The HPC, or the Planning Department pursuant to Section 1111.1 of this Code, shall disapprove the application or approve it with modifications to conform to the requirements outlined in Section 1111.6 of this Code, including the proposed location, materials, typeset, size of lettering, means of illumination, method of replacement, or the attachment so that the special architectural, historical or aesthetic significance of the subject building or the Conservation District are preserved. No application shall be denied on the basis of the content of the sign.
AMENDMENT HISTORY
The Department shall review all applications and shall determine within 30 days after the application is filed whether the application is complete. Applications for Minor Alterations that have been delegated to Department staff may be approved by the Department pursuant to Section 1111.1 without a hearing before the HPC. Upon acceptance as complete of an application that is not a Minor Alteration or upon appeal to or a request by the HPC to exercise its review powers over a Minor Alteration as set forth in 1111.1, the HPC shall hold a hearing and approve, approve with modifications, or disapprove the application in accordance with the procedures set forth in this Section 1111.
(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Section header amended; section amended in its entirety; Ord. 95-12, Eff. 6/20/2012.
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