The Jefferson City Historic Preservation Commission approved more recommendations to the city's proposed demolition ordinance Tuesday, sending them, along with the Jefferson City Planning and Zoning Commission's recommendations, to the Jefferson City Council for final approval.
Age requirement
The Historic Preservation Commission approved an amended version of the original demolition ordinance with the most significant change being lowering the age requirement for demolition clearance from 100 years to 50 years.
Under the original ordinance, structures 100 years or older or located in local designated historic districts would go through the demolition clearance process, where the Historic Preservation Commission could approve or deny demolition permits. If the commission denies a demolition permit, the property owner can appeal to the City Council.
The amended version of the proposed demolition ordinance passed by the Historic Preservation Commission lowered that age requirement so properties 50 years or older would go through this process.
HCJ presented the demolition ordinance to the Historic Preservation Commission in 2015, and the commission worked on it for 18 months before approving it, with 50 years as the original age requirement for a demolition clearance process.
The City Council sent the ordinance to the Jefferson City Public Works and Planning Committee in May for revisions, and city staff proposed a tiered system in June.
Jefferson City Senior Planner Eric Barron said lowering the demolition clearance age requirement to 50 years would remove the tiered system.
Under the original tiered system, properties 50-99 years old, local landmarks and buildings in the National Register District would undergo a demolition review process, which is similar to the current demolition application process. The Historic Preservation Commission would look over the applications and recommend city staff to approve or deny them.
More than 47 percent of structures in Jefferson City meet the 50-year test, city staff said.
Jefferson City Neighborhood Services Manager Jayme Abbott said 50 years is the general norm and "accepted value of age" when local governments and agencies start looking at a property's history.
Last week, the Planning and Zoning Commission recommended and approved lowering the age requirement, except when a property is 75-100 years old. Properties 50-74 years old, along with local landmarks and buildings in National Register Districts, would go through a demolition review process.
City staff recommended the demolition clearance age requirement remain at 100 years and the demolition review requirement at 50-99 years.
Under the original and amended proposals, properties under 50 years old would not go through the demolition clearance or review processes.
Although he doesn't have strong feelings on the age requirement, Barron said last week, he warned lowering it too much could create problems.
Ordinance penalty
The Historic Preservation Commission also recommended the penalty for demolition ordinance violators align with the penalty amendment passed by the Planning and Zoning Commission last week. However, there was some confusion on that penalty amendment.
Planning and Zoning Commission member Michael Lester made an amendment to the original demolition ordinance to "place these violation of rules within the general ordinance violations of the city for those penalties up to $1,000 and up to 180 days" in jail. The commission unanimously passed this amendment, believing it set jail time of up to 180 days.
However, according to city code, a general ordinance violation penalty is up to $1,000 and/or up to three months in jail.
Jefferson City Assistant City Attorney Bryan Wolford told the News Tribune on Wednesday he had talked with Sonny Sanders, director of the Department of Planning and Protective Services, about the conflict. He said the draft version will state the penalty is up to $1,000 and/or up to 180 days in jail, the maximum the city can implement under state law.
The original proposed penalty would be up to $500 and/or up to 180 days in jail, which is the penalty set for Chapter 8 violations.
Recommendations from the two commissions and city staff will go to the City Council, who will have the final say. Barron said he will present the ordinance and recommendations to the council Dec. 18, with a public hearing tentatively set for Jan. 2.
When looking at demolition applications under the proposed demolition ordinance, the Historic Preservation Commission would consider the visual impact on the streetscape or other historic properties, along with historic criteria used for National Register nominations, to decide if a property is a "notable structure." If the building is considered a notable stricture, the commission could consider other things like the property's location, building deterioration and preservation plans.
Abbott said the demolition ordinance will "give more teeth" to the Historic Preservation Commission because currently, if the commission recommends denial, the property owner can wait 60 days then be administratively issued a demolition permit.
"One of the main reasons why the Historic City of Jefferson and the Historic Preservation Commission were really on board with trying to make the demolition ordinance a bit stronger for preserving some of the properties in the city," she said.