§ 320. Landmark and Preservation Area (LPA).

1.

Definitions. In addition to the definitions set forth in Section 030 of this Zoning Ordinance, the following definitions shall apply to this section:

(1)

Exterior alteration: Any construction, repair, addition to, or elimination of, one (1) or more of the exterior architectural features of an improvement.

(2)

Design and construction standards: A set or sets of guidelines and regulations, with illustrations where appropriate, which define(s) minimum standards for the alteration or construction of improvements with respect to the appearance of exterior architectural features, and which enumerate(s) particular features that are made subject to that standard.

(3)

Exterior architectural feature: The site topography, landscaping, building setback or building line, and architectural arrangement of such portion of the exterior of any improvement as is open to public view from any street or highway, including, but not limited to, (1) the kind, color, and texture of the building material of such portion so open to view, (2) the type and design of all windows, doors, lights, signs, porches, walks, cornices, eaves and other fixtures appurtenant to such portion, (3) the location and treatment of any motor vehicle parking space appurtenant to such improvement and so open to view.

(4)

Improvement: Any building, structure, parking facility, street, highway, walk, fence, landscaped area, gate, wall, work of art or other object, the use of which requires a location on a parcel of land and which constitutes a physical betterment of, attachment to, or alteration of real property, or any part of such betterment, attachment or alteration.

(5)

Landmark: Any natural site or improvement (including any park, cemetery, street or right-of-way) that has a significant historical interest or value as part of the development, heritage or cultural characteristics of the City, state or nation, and has been designated as a landmark pursuant to the provisions of this use district.

(6)

Landmark and Preservation Area (LPA): A parcel of land, or any part thereof, on which is situated a landmark and any abutting parcel or part thereof used as and constituting a part of the premises on which a designated landmark is situated, and which has been designated as a landmark area pursuant to the provisions of this use district.

(7)

Owner: Any person, corporation or other entity having such right or title to or interest in any land or improvement so as to be legally entitled, upon obtaining permits required by this Code, to perform with respect to such land or improvement any construction, exterior or structural alteration, demolition or repair.

2.

Purpose and intent. The purpose of this section is to promote the general welfare, heritage, education and economic benefit of the City, through the preservation, protection and regulation of buildings, sites, structures, monuments, and neighborhoods of historic, architectural, cultural or archeological significance. It is further the intent of this procedure to encourage the adaptation of these buildings, sites, structures, etc. for current use.

3.

In any zoning district, except "PS" Park and Scenic District, a single parcel or geographic area may be designated as a Landmark and Preservation Area thereby encouraging the preservation, enhancement, rehabilitation and perpetuation of the landmark building, structure or area. The Planning and Zoning Commission may recommend and the City Council, by ordinance, may approve designation for a specific parcel or area provided the area is characterized by one or more of the following criteria:

(1)

has significant character, interest or value as part of the development, heritage or cultural characteristics of the City, State of Missouri, or the United States.

(2)

is the site of a significant historic event.

(3)

is the work of a designer whose individual work has significantly influenced the development of the St. Louis region, State of Missouri or United States.

(4)

contains elements of design, detail, materials, or craftsmanship which represents a particular architectural style or significant innovation.

(5)

owing to its unique location or singular physical characteristic, represents an established and familiar visual feature of a neighborhood, community, or within the City.

4.

Additional permitted land uses and developments. Designation as a Landmark and Preservation Area qualifies property for additional uses beyond those permitted or conditional uses in the zoning district in which the property is located. A designated Landmark and Preservation Area may contain such of the following additional uses as determined by the Planning and Zoning Commission and the City Council, provided that these uses shall not create an appreciable increase in land use intensity beyond what normally occurs in the applicable zoning district, nor substantially alter or affect the character of surrounding development:

(1)

Offices.

(2)

Limited service and retail facilities, in which goods and services may be sold or provided directly to the public on the premises such as, but not limited to, studios or galleries for artwork or antiques; studios or work areas for artists, candymakers, dressmakers, tailors; music teachers; dance teachers; restaurants (excluding fast food restaurants). In no case shall any use involving the manufacture of products be permitted to occupy more than four thousand (4,000) square feet of gross floor area.

(3)

Offices (as permitted in (1) above) with affiliated dwelling units, wherein occupancy of the dwelling unit shall be limited to the owner, manager, or employee of the office use and their respective families.

(4)

Child care centers, nursery schools, day nurseries.

(5)

Single-, two- and multiple-family dwellings.

5.

All such additional uses shall conform to specific conditions established in the ordinance governing the particular Landmark and Preservation Area concerning, but not limited to, the following:

(1)

building appearance.

(2)

number of employees or pupils.

(3)

minimum and maximum square footage per use.

(4)

open space requirements.

(5)

signs (number, type, location).

(6)

parking (number, location).

(7)

ingress and egress.

(8)

compliance with applicable federal, state and county requirements.

6.

Performance standards. All uses established in a Landmark and Preservation Area shall operate in accord with standards contained in Section 210, "Zoning Performance Standards Regulations," of this Zoning Ordinance. These performance standards are minimum requirements and may be made more restrictive in the conditions of the ordinance governing the particular Landmark and Preservation Area.

7.

Height limitations for structures. The total height of any structure shall be limited by the applicable zoning district regulations. The height limitations may be made more restrictive in the conditions of the ordinance governing the particular Landmark and Preservation Area.

8.

Lot area and yard requirements:

(1)

Minimum lot area: The lot area for any use or new building in a Landmark and Preservation Area shall be governed by the regulations and the zoning district regulations in which the lot is located.

(2)

Minimum yard requirements: Setbacks for new parking areas and new structures shall be established in the conditions of the ordinance governing the particular Landmark and Preservation Area; however in no instance shall they be less restrictive than the requirements of the zoning district in which the property is located.

9.

Off-Street parking and loading requirements. The minimum off-street parking and loading requirements for any use or building in a designated Landmark and Preservation Area shall not be reduced below that required for the same use in any other "C" Commercial, "R" Residential, "NU" Non-Urban zoning district as set forth in Section 220, "Off-Street Parking and Loading Requirements," of this Zoning Ordinance. These requirements may be made more restrictive in the conditions of the ordinance governing the particular Landmark and Preservation Area. Where determined necessary and where the Landmark and Preservation Area includes two (2) or more uses, the Planning and Zoning Commission may recommend and the City Council may approve a total reduction of not more than twenty (20) percent of the required off-street parking and loading spaces, where it has been demonstrated by study of the combined uses and customary operation of the uses that adequate parking would be provided.

10.

Sign regulations. The number, type and location of all signs, display or advertising devices proposed and visible from the public right-of-way shall be subject to the sign regulations set forth in Chapter 17.5, "Signs," of this Code; however, these regulations may be made more restrictive in the conditions of the ordinance governing the particular Landmark and Preservation Area.

11.

Procedure; establishment of area. In order to establish a Landmark and Preservation Area the procedure shall be as follows:

(1)

Application. A petition shall be filed with the City Council on forms prescribed for this purpose by the Planning and Zoning Commission. Said petition may be initiated by the City Council, Planning and Zoning Commission, the owner(s) of record or owners under contract of a lot or tract, or their authorized representatives, or by the owners of fifty (50) percent or more of the area (excluding streets and alleys) included within the proposed area.

(a)

Thirteen (13) sets of forms shall be submitted to the City Clerk on petitions initiated by owner(s) of record or owners under contract, or their authorized representative, or by owners of fifty (50) percent or more of the area in a proposed area and are to be accompanied by the following:

(i)

filing fee per requirements of Section 350, "Fees," of this Zoning Ordinance.

(ii)

general location map, out boundary plat, and legal description of the property in question;

(iii)

a statement documenting the historic, architectural, cultural, archaeological or aesthetic significance of the proposed lot or lots;

(iv)

summary, description, example or outline of proposed conditions to be applied within the area, including but not limited to, design and construction standards for building facades, setbacks, height, scale, material, color and texture, trim, roof design and landscaping; standards for the design details for all fences, street furniture and signs.

(v)

a preliminary development plan indicating existing and proposed structures and uses of all properties within the proposed area including:

(A)

existing and proposed contours at intervals of not more than five (5) feet referred to sea level datum.

(B)

proposed ingress and egress to site, including adjacent streets.

(b)

Petitions initiated by the City Council or Planning and Zoning Commission shall be accompanied by the following:

(i)

A statement from the Planning and Zoning Commission documenting the historic, architectural, cultural, archaeological or aesthetic significance of the proposed lot or lots.

(ii)

A survey of the property furnished by the Director of Public Works from information of record.

(iii)

A letter of intent from the initiating party indicating the proposed uses.

(iv)

Written permission of the owner(s) of record must be obtained prior to initiation of any petition.

(2)

Public hearing:

(a)

A public hearing on the petition shall be held by the Planning and Zoning Commission in the same manner and with the same public notice procedure as required in the procedure for amending the Zoning Ordinance, provided that a date for a public hearing shall be set within sixty (60) days of acceptance of the petition by the Director of Public Works. Additional time may be required to set a date for public hearing for petitions initiated by the City Council or the Planning and Zoning Commission.

(b)

Upon acceptance of the petition, the Director of Public Works shall forward the application for Landmark and Preservation Area designation to the Historic Preservation Committee.

(3)

Planning and Zoning Commission recommendation. No action shall be taken by the City Council with respect to the petition until it has received the recommendation of the Planning and Zoning Commission. Said recommendation shall address general planning considerations, including consistency with good planning practice, and compatibility with adjoining permitted developments and uses. All recommendations shall be made in consideration of plans or area studies, subdivision and zoning requirements, and projected public improvements applicable to the area affected by designation. A recommendation of approval shall be accompanied by conditions to be included in the ordinance establishing the Landmark and Preservation Area or approval of a site development plan in a Landmark and Preservation Area. Such conditions shall include but not be limited to the following:

(a)

permitted uses, including maximum floor area;

(b)

preservation and design standards for all new construction, alteration and repair;

(c)

height limitations;

(d)

review of exterior facade and design features or details by the Planning and Zoning Commission;

(e)

minimum yard requirements;

(f)

off-street parking and loading requirements;

(g)

sign regulations;

(h)

requirements for deed restrictions, as applicable.

12.

Procedure—Approval of site development plan. After passage by the City Council of an ordinance establishing a Landmark and Preservation Area, a site development plan shall be submitted in accord with the following provisions. No building permits or authorization for improvement or development shall be issued prior to approval of such plans.

(1)

Plans for single-lot developments shall be submitted to the Director of Public Works to be reviewed for compliance with the zoning ordinances and then forwarded to the Planning and Zoning Commission for review. Said plans shall contain the minimum conditions of the specific ordinance governing the Landmark and Preservation Area, and further, shall comply with provisions of the City's Subdivision Ordinance and other applicable City ordinances. Single-lot development plans shall be recorded as outlined in subsection 16 below.

(2)

If development in a designated Landmark and Preservation Area requires trust indentures and/or maintenance agreements, a copy of the Landmark and Preservation Area ordinance shall be recorded with said indentures or agreements.

(3)

In the case of multiple-lot developments, a site development concept plan for the designated area shall be submitted to the Director of Public Works to be reviewed for compliance with this Zoning Ordinance and then forwarded to the Planning and Zoning Commission for review and approval. The concept plan shall be recorded as required by subsection 16 below. Detailed site development section plans shall be submitted to the Director of Public Works for review and approval by the Planning and Zoning Commission by individual building, lot, phase, or plat representing a portion of the site development concept plan. The detailed site development section plans shall be recorded as required in subsection 16 below.

13.

Procedure-Amendment of conditions or site development plan. In order to amend conditions of an existing Landmark and Preservation Area or to amend the site development plan approved for the Landmark and Preservation Area, the procedure shall be as follows:

(1)

To amend the Landmark and Preservation Area ordinance:

(a)

The property owner or authorized agent of the property so designated shall submit a written request to amend the ordinance and conditions to the City Clerk who shall forward the request to the Director of Public Works for review. The Director of Public Works shall evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing.

(b)

If the Director of Public Works determines that the requested amendment is consistent in purpose and content with the nature of the original proposal as advertised, the Director of Public Works shall so report to the Planning and Zoning Commission. The Planning and Zoning Commission shall then review the request and the report of the Director of Public Works, then forward a recommendation to the City Council. A recommendation of approval shall include conditions to be included in the amended ordinance.

(c)

If the Director of Public Works determines that the requested amendment is not inconsistent in purpose and content with the nature of the proposal as originally advertised for public hearing, the Director of Public Works shall so report to the applicant and the Planning and Zoning Commission. The Planning and Zoning Commission may forward a resolution of intent to the City Council for the purpose of a new public hearing on the matter in accord with proceedings specified in Section 360, "Procedure for Amending the Zoning Ordinance," of this Zoning Ordinance.

(2)

To amend the site development plan approved for the Landmark and Preservation Area:

(a)

The property owner(s) or authorized representative shall submit an amended site development plan to the City Clerk who shall then forward them to the Director of Public Works for review. The Director of Public Works shall then evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing, with the Planning and Zoning Commission's recommendation, and the preliminary development plan approved by the City Council.

(b)

If the Director of Public Works determines that the proposed site plan amendment is not in conflict with the original proposal as advertised, and the approved preliminary development plan, and meets all conditions of the Landmark and Preservation Area ordinance, the Director of Public Works, upon receiving a written favorable recommendation from the Planning and Zoning Commission, may approve said amended plan. Said plan shall be recorded as required by subsection 16 below.

(c)

If the Director of Public Works determines that the proposed site plan amendment is not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing, or with the preliminary development plan approved by the City Council, the Director of Public Works shall so report to the applicant and to the Planning and Zoning Commission. The Planning and Zoning Commission may forward a resolution of intent to the City Council for the purpose of a new public hearing on the matter in accord with the proceedings specified in Section 360, "Procedure for Amending the Zoning Ordinance," of this Zoning Ordinance.

(d)

Appeal to Planning and Zoning Commission of a decision by Director of Public Works in reviewing development plan. The petitioner/developer may appeal a decision by the Director of Public Works, in cases where the Director of Public Works is authorized to review development plans. The appeal is to be filed with the Planning and Zoning Commission. The written appeal, stating the reasons for the appeal, shall be submitted to the City Clerk who shall forward them to the Director of Public Works. The Planning and Zoning Commission shall make the final determination on the matter. No exceptions will be granted that are in violation of any city ordinance or the particular ordinance governing the development plan.

14.

Recording. Within sixty (60) days of approval of the initial, conceptual, or amended site development plan, the plan shall be recorded with the St. Louis County Recorder of Deeds, and thereby authorize development as depicted thereon.

15.

The permitted uses establish in the ordinance governing the particular Landmark and Preservation Area shall become effective upon recording of an instrument, approved by the Director of Public Works and the City Attorney. This recorded instrument shall constitute an affirmative covenant running with the land for a period of time specified in the ordinance. This covenant shall require the continuation of the preservation of the structure, site or area and prohibit the demolition of any structure without approval by the Planning and Zoning Commission and the City Council. The City Council may release the covenant upon receipt of a report from the Planning and Zoning Commission.

(Ord. No. 698, § 1, 11-21-00)