Loading...
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.
AMENDMENT HISTORY
(a) The HPC may approve, disapprove, or approve with conditions an application for a Permit to Alter or a Permit to Demolish and, where applicable for new or replacement construction, for a determination that the building is a Compatible Rehabilitation under Section 1113 or a Compatible Replacement Building under Section 1109(c), and shall make findings in support of its decision.
(b) For applications for a Permit to Demolish, the applicant has the burden of establishing that the criteria governing the approval of applications set forth in Section 1111.7 have been met.
(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; previously undesignated paragraph designated as division (a) and amended; divisions (b) and (c) added; Ord. 95-12, Eff. 6/20/2012.
The HPC, the Board of Appeals, the Board of Supervisors, the Planning Commission, and the Department shall be governed by the following standards in the review of applications for Permits to Alter. In the case of conflict with other requirements, including the requirements of Article 10, the more restrictive standards shall apply.
(a) The proposed alteration shall be consistent with and appropriate for the effectuation of the purposes of this Article 11.
(b) The proposed work shall comply with the Secretary of the Interior's Standards for the Treatment of Historic Properties for significant and contributory buildings, as well as any applicable guidelines, local interpretations, bulletins, or other policies. Development of local interpretations and guidelines based on the Secretary of the Interior's Standards shall be led by the Planning Department through a public participation process; such local interpretations and guidelines shall be found in conformance with the General Plan and Planning Code by the Planning Commission and shall be adopted by both the HPC and the Planning Commission. If either body fails to act on any such local interpretation or guideline within 180 days of either body's initial hearing where the matter was considered for approval, such failure to act shall constitute approval by that body. In the case of any apparent inconsistency among the requirements of this Section, compliance with the requirements of the designating ordinance shall prevail.
(c) For Significant Buildings - Categories I and II, and for Contributory Buildings - Categories III and IV, proposed alterations of structural elements and exterior features shall be consistent with the architectural character of the building, and shall comply with the following specific requirements:
(1) The distinguishing original qualities or character of the building may not be damaged or destroyed. Any distinctive architectural feature which affects the overall appearance of the building shall not be removed or altered unless it is the only feasible means to protect the public safety.
(2) The integrity of distinctive stylistic features or examples of skilled craftsmanship that characterize a building shall be preserved.
(3) Distinctive architectural features which are to be retained pursuant to Paragraph (1) but which are deteriorated shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material shall match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features shall be based on accurate duplication of features, substantiated by historic, physical or pictorial evidence, if available, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. Replacement of nonvisible structural elements need not match or duplicate the material being replaced.
(4) Contemporary design of alterations is permitted, provided that such alterations do not destroy significant exterior architectural material and that such design is compatible with the size, scale, color, material and character of the building and its surroundings.
(5) The degree to which distinctive features need be retained may be less when the alteration is to exterior elements not constituting a part of a principal facade or when it is an alteration of the ground-floor frontage in order to adapt the space for ground-floor uses.
(6) In the case of Significant Buildings - Category I, any additions to height of the building (including addition of mechanical equipment) shall be limited to one story above the height of the existing roof, shall be compatible with the scale and character of the building, and shall in no event cover more than 75 percent of the roof area.
(7) In the case of Significant Buildings - Category II, a new structure or addition, including one of greater height than the existing building, may be permitted on that portion of the lot not restricted in Appendix B even if such structure or addition will be visible when viewing the principal facades at ground level, provided that the structure or addition does not affect the appearance of the retained portion as a separate structure when so viewing the principal facades and is compatible in form and design with the retained portion. Alteration of the retained portion of the building is permitted as provided in Paragraphs (1) through (6) of this Subsection (c).
(d) Within Conservation Districts, all major exterior alterations, of Category V Buildings, shall be compatible in scale and design with the District as set forth in Sections 6 and 7 of the Appendix which describes the District.
(e) If TDR have been transferred from any Contributory Building, the building shall be subject to the same restrictions on alterations as a Significant Building. These restrictions may not be removed by the transfer of TDR back to the building.
(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 amended; new division (b) added and former divisions (c) and (d) redesignated accordingly; division (e) added; Ord. 95-12, Eff. 6/20/2012.
Loading...