This article is authorized by the Illinois Municipal Code and the City of Champaign's Home Rule authority under Article VII of the State of Illinois Constitution.

(C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

The purpose and intent of this article is:

(a)

To identify properties and provide a mechanism to designate, protect, preserve, and encourage the restoration, rehabilitation, and adaptation for continued use of those properties and structures which represent or reflect the historic, cultural, artistic, social, economic, ethnic, or political heritage of the nation, state, and community. Those properties may also have a special community or aesthetic interest of value to the City of Champaign or may be representative of an architectural or engineering type inherently valuable for the study of style, period, craftsmanship, method of construction, or use of indigenous materials.

(b)

To preserve and expand the supply of adequate, safe, and sanitary housing through the preservation of older residential structures with historic and/or architectural value, and neighborhoods in which such structures are located.

(c)

To stabilize and improve the economic vitality and value of designated properties; to promote economic development through the restoration, rehabilitation, and maintenance of historic and architecturally significant structures; and to strengthen the City's tax base.

(d)

To preserve and protect the character and vitality of neighborhoods from the adverse effects of development that could detract from or have a negative effect on overall neighborhood character.

(e)

To protect and enhance the attractiveness of the City to home buyers, homeowners, residents, tourists, visitors, and shoppers, and thereby support and promote business, commerce, industry, and provide economic benefit to the City.

(f)

To foster civic pride in the beauty and noble accomplishments of the past as represented in designated landmarks and districts; and to promote education of the general public concerning the importance of preservation.

(g)

To promote and encourage the continued private ownership, maintenance, use of designated properties, and improvements to the maximum extent consistent with the above objectives.

(C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

For the purposes of this article, the following words, terms, and phrases shall have the meaning ascribed to them in the following sections.

(C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

Alteration shall mean any act or process which changes or makes improvements to one or more of the exterior architectural features of a structure and/or improvements to the structure.

Appurtenance shall mean a secondary or accessory element of a Landmark or District that is attached to or distinct from the original structure.

(C.B. No. 2006-021, § 1, 6-20-06; C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

Reserved.

Certificate of Appropriateness shall mean a certificate issued by the Historic Preservation Commission verifying its review and indicating its approval of plans for the alteration, construction, or demolition, relocation or removal of a Landmark or structure within a Conservation or Historic District as defined by this article.

Certificate of Economic Hardship shall mean a certificate issued by the Historic Preservation Commission authorizing an alteration, relocation, construction, removal, or demolition of a Landmark or structure within a Conservation or Historic District for which a Certificate of Appropriateness has previously been denied, but for which economic hardship has been determined.

Commission shall mean the Historic Preservation Commission of the City of Champaign.

Conservation District shall mean an area designated as a "Conservation District" by Ordinance of the City Council which contains structures or sites within definable geographic boundaries that, while not of such historic and/or architectural significance to be designated as a landmark or included within a Historic District, nevertheless are characterized by sound housing or commercial structures that contribute to the visual characteristics or distinctive atmosphere of the neighborhood in which such property is located.

Construction shall mean any act or process which adds an addition onto an existing structure or erects a new principal or accessory structure on a lot which is subject to the design standards for the district in which the property is located.

Contributing building shall mean a building, site, structure, or object that adds to the historic association, historic architectural quality, or cultural values because it was present during the period of significance, relates to the documented significance of the property, and possesses historic integrity, or is capable of yielding important information about the period.

(C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

Demolition shall mean any act or process which destroys a structure, or a feature of a structure, either in part or whole.

(C.B. No. 2006-021, § 1, 1-17-06; C.B. No. 2006-021, § 2, 6-20-06; C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

Emergencies shall mean life or health-threatening condition which requires immediate attention.

Exterior architectural appearance shall mean the architectural character and general composition of the exterior of a structure, including but not limited to, the kind and texture of the structure material and the type, design, and character of all windows, doors, light fixtures, ornamental details, signs and appurtenant elements. The exterior architectural appearance may be understood as including the historic character of the site, structure or district.

(C.B. No. 2006-021, § 3, 6-20-06; C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

Reserved.

Historic shall mean including, but not limited to, cultural, artistic, social, economic, ethnic, or political heritage.

Historic district shall mean an area designated as a "Historic District" by ordinance of the City Council which contains within definable geographic boundaries, properties, or structures, which may or may not be landmarks, which contribute to the overall historic character of the designated area.

(C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

Improvement shall mean any building, structure, bridge, work of art, area, parking facility, public facility, fence, gate, wall, landscaping, or other object constituting a physical addition to real property, or any part of such addition.

(C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

Reserved.

Landmark shall mean a property, structure, or building designated as a "landmark" by ordinance of the City Council which is worthy of rehabilitation, restoration, and preservation because of its historic and/or architectural significance to the City of Champaign.

(C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

Reserved.

Editor's note— C.B. No. 99-241, § 1, adopted Aug. 17, 1999, repealed § 37-466, which pertained to Definitions—M. See the Code Comparative Table.

Noncontributing building shall mean a building, site, structure, or object which does not add to the historic architectural qualities, historic association, or cultural values of the area because it was not present during the period of significance or does not relate to the documented significance of the property, due to alterations, disturbances, additions, or other changes, or because it no longer possesses historic integrity, nor is capable of yielding important information about the period.

(C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

Reserved.

Property shall mean a distinct parcel of real property which is assigned a separate tax parcel identification number by the Supervisor of Assessments of Champaign County.

(C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

Reserved.

Rehabilitation shall mean the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic or architectural values.

Relocation shall mean any repositioning of a building, or a portion of a building, on its property or moving it to another property.

Repair shall mean any change that does not require a building permit, that is not construction, relocation or alteration, the intent of which is to return the property to the same condition that existed prior to the change.

(C.B. No. 2006-021, § 4, 6-20-06; C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

Reserved.

(a)

No provision of this article shall be construed as repealing any other code or ordinance of the City of Champaign, and any permit or license required thereunder shall be required in addition to any Certificate of Appropriateness or Certificate of Economic Hardship which may be required under this article. However, where a Certificate of Appropriateness or Certificate of Economic Hardship is required, no such other permit or license shall be issued by any department of the City before a certificate has been issued as provided by this article.

(b)

The use of property and improvements which have been designated under this article shall be governed by the City of Champaign Zoning Ordinance and any other applicable law.

(c)

Whenever there is a conflict between the provisions of this article or a regulation adopted hereunder, and the provisions of any other code or ordinance of the City of Champaign, the more restrictive shall apply.

(C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

There is hereby created the Champaign Historic Preservation Commission.

(a)

Composition. The Commission shall consist of seven (7) regular members and two (2) alternates, who are residents of Champaign. They shall be appointed by the Mayor and approved by the City Council. All members shall be appointed at large on the basis of expertise, experience, or interest in the areas of history, architectural history, architecture, historic architecture, historic, or neighborhood preservation, planning, archaeology, real estate, or related field. Every reasonable attempt shall be made to select members from this cross section of disciplines; no more than three (3) members shall be from any one discipline. Commissioners shall serve without compensation.

(b)

Terms. Commissioners shall serve terms of three (3) years. Vacancies shall be filled for the unexpired term only. Alternate members shall first serve for one (1) year prior to being appointed as a regular member.

(C.B. No. 2006-021, § 2, 1-17-06; C.B. No. 2006-021, § 5, 6-20-06; C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

The Commission is created to:

(a)

Identify such property, structures, or areas within the City of Champaign that are historically significant in that they exemplify and/or reflect the cultural, social, economic, political, or architectural history of the nation, state or city;

(b)

Advise the Plan Commission and City Council on the designation of such property, structures, or areas as either Landmarks or as Conservation or Historic Districts;

(c)

Facilitate the protection of the distinctive visual characteristics of Landmarks or Conservation or Historic Districts by reviewing, giving advice, and passing upon changes to their exterior architectural appearance; and

(d)

Perform such other functions as may be useful or necessary to safeguard and enhance the community heritage as embodied in property, structures and areas.

(C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

(a)

Officers. Officers shall consist of a Chairperson and Vice-Chairperson elected by the Commission who shall serve a term of one year and shall be eligible for re-election; but no member shall serve as Chair for more than two (2) consecutive years. Elections shall be held annually at the Commission's annual business meeting. The Chairperson shall preside over meetings. In the absence of the Chairperson, the Vice-Chairperson shall perform the duties of the Chairperson. If both are absent, a temporary Chairperson shall be elected by those present. The Commission may provide for additional officers in its By-laws.

(b)

Secretary. The Secretary of the Commission shall be the Director of Planning or his designee from within the Planning Department. The Secretary shall have no vote. The Secretary shall provide administrative and technical assistance to the Commission to assist it in making the decisions and findings as provided herein. On all matters related to planning and zoning in general, the Secretary shall send notice to all Commission members, in the same manner as nearby property owners are notified, of hearings before the Plan Commission or Zoning Board of Appeals.

(C.B. No. 2006-021, § 6, 6-20-06; C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

The Commission shall hold an annual meeting for the express purpose of electing its officers. Regular meetings shall be held at scheduled times to be established by the by-laws of the Commission, at any time upon the call of the Chairperson, or upon a written request signed by three (3) Commissioners. Such call or request shall be communicated to the Secretary. There shall be a minimum of four (4) meetings per year.

(C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

The Commission shall have the following duties:

(a)

To adopt its own procedural rules;

(b)

To oversee surveys and maintain an inventory which identifies properties, improvements, and areas that have historic, architectural, cultural, or community interest;

(c)

To investigate, hold public meetings and nominate to the Plan Commission the approval of applications designating certain properties as having special historic, community, architectural, or archaeological value as a Landmark, Conservation, or Historic District. The nomination may also include additional design standards for the proposed Landmark, Conservation, or Historic District, which have been developed after consultation with applicants and owners of properties in the proposed designated district or Landmarks;

(d)

To keep a register of all properties and structures which have been designated under this article. This register shall include information required of each designation along with an appropriate map;

(e)

To determine an appropriate system of markers and make recommendations for the design and implementation of specific markings for the Landmarks or districts;

(f)

To review applications for alteration, construction, and demolition affecting the exterior architectural appearance of property formally under consideration for designation or in designated Landmarks, Conservation or Historic Districts, and to issue, deny, or modify Certificates of Appropriateness, for such actions;

(g)

To consider applications for Certificates of Economic Hardship that would allow the performance of work for a Certificate of Appropriateness which would have been denied;

(h)

To advise and assist owners of landmarks, property or structures within designated districts on physical and financial aspects of preservation, renovation, rehabilitation, and reuse, and/or procedures for inclusion on the State and/or the National Register of Historic Places;

(i)

To recommend to the City Council the nomination of Landmarks and Historic districts to State and National Registers;

(j)

To inform and educate the citizens of the City of Champaign concerning the historic and architectural heritage of the City;

(k)

To review and make a recommendation on proposed Zoning Map amendments, applications for special uses, or application for zoning variations that affect Landmarks or designated Conservation or Historic Districts;

(l)

To advise City Boards and Commissions, including the Plan Commission, Zoning Board of Appeals, and Code Enforcement Board of Appeals on matters affecting any designated Conservation or Historic District, and on matters affecting historically or architecturally significant property, structures, or areas;

(m)

To review as appropriate the City of Champaign's Zoning Ordinance and to recommend to the Plan Commission and the City Council any amendments appropriate for the protection and continued use of property or structures within designated districts;

(n)

To confer recognition upon the owners of property or structures within designated districts by means of certificates, plaques, markers, or other means;

(o)

To advise the City Council on the use of such gifts, grants, and monies as may be appropriate for the purposes of this ordinance, or as designated by the grantor for the purposes of preservation;

(p)

To advise the Zoning Board of Appeals on whether a structure is historic for the purpose of granting an off-street parking reduction for the rehabilitation or adaptive use of historically significant structures;

(q)

To undertake such other action or activity relative to preservation in the community as may be authorized by the City Council; and

(r)

To carry out such other duties as may be required by the State of Illinois Certified Local Government Program.

(C.B. No. 99-241, § 2, 8-17-99; C.B. No. 2006-021, § 3, 1-17-06; C.B. No. 2006-021, § 7, 6-20-06; C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

The Commission shall, upon receipt of an application and after conducting an investigation, make a preliminary determination as to whether a property, structure, improvement, or area meets one or more of the following criteria:

(a)

Significant value as part of the historical, cultural, artistic, social, ethnic, or other heritage of the nation, state or community.

(b)

Associated with an important person or event in national, state or local history.

(c)

Representative of the distinguishing characteristics of an architectural type inherently valuable for the study of a period, style, craftsmanship, method of construction, or use of indigenous materials.

(d)

Notable work of a master builder, designer, architect, or artist whose individual genius has influenced an era.

(e)

Identifiable as an established and familiar visual feature in the community owing to its unique location or physical characteristics.

(f)

One of the few remaining examples of a particular architectural style or use or is an example which clearly represents a major architectural style and has undergone little or no alteration since its construction.

(g)

A property, structure, improvement or area that is less than fifty (50) years old shall not be considered for landmark designation unless it is of exceptional importance in any of the areas described in the criteria above.

(C.B. No. 98-304, § 1, 11-17-98; C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

The Commission shall, upon receipt of an application and after conducting an investigation, make a preliminary determination as to whether an area meets one or more of the following criteria:

(a)

A significant number of structures in the proposed district meet any of the criteria listed in the previous section.

(b)

An area containing a contiguous grouping of properties having a sense of cohesiveness expressed through a similarity of characteristic of style, period, or method of construction.

(c)

An area containing one or more Landmarks along with such other structures, places or areas within its definable geographic boundaries which, while not of such historic significance to be designated as Landmarks, nevertheless contribute to the visual characteristics of the Landmark or Landmarks located in the district.

(d)

An area in which the majority of properties are less than fifty (50) years old or in which the significance of the district is due to events taking place in the last fifty (50) years will not be considered for designation as an historic district unless the district is of exceptional importance in any of the areas described in the criteria above.

(C.B. No. 98-304, § 1, 11-17-98; C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

The Commission shall, upon receipt of an application and after conducting an investigation, make a preliminary determination as to whether an area meets one or more of the following criteria:

(a)

An area which possesses a significant concentration, linkage or continuity of sites, structures, or objects which are united by past events which have occurred fifty (50) or more years from the date of application, or aesthetically by plan, or physical development.

(b)

An area that possesses unique physical attributes or characteristics in terms of urban design, land use, streetscape, etc., that cause such area to constitute a distinctive section of the City.

(c)

An area undergoing revitalization that has retained the character of earlier periods of development.

(d)

An area that is a focus of activity, a gathering spot, or other specific point of reference in the community.

(e)

An area that meets any of the standards listed for Landmarks and Historic Districts.

(C.B. No. 2006-021, § 8, 6-20-06; C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

Application to nominate Landmarks, and Conservation or Historic Districts, shall be made to the Historic Preservation Commission on a form prepared by the Commission. Application to nominate for Landmarks and Historic Districts may be made by any person, group of persons, the Historic Preservation Commission, City Council, a record title owner, or organization with a demonstrated interest in preservation. Application to nominate Conservation Districts can only be made by an owner(s) of property located within the proposed district. Applications shall be filed with the Planning and Development Director and shall include or be accompanied by the following:

(a)

The name and address of the owner of record of the property proposed for designation, including the names of the beneficial owners of property if held in trust, where available.

(b)

A legal description, common street address, and parcel identification number of the property proposed for designation.

(c)

A map delineating the boundaries and location of the property proposed for designation.

(d)

A written statement describing the property and setting forth the reasons the property, structure, or area is eligible for nomination, including a statement indicating which of the criteria in this article are met by the nomination.

(e)

An application fee as provided in Chapter 26 of the Municipal Code.

(f)

Visual documentation as appropriate and possible to support the application.

(g)

Such other information as may be required by the Commission.

(C.B. No. 99-241, § 3, 8-17-99; C.B. No. 2006-021, § 4, 1-17-06; C.B. No. 2006-021, § 9, 6-20-06; C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

A completed application to nominate shall be submitted to the Planning and Development Director. Upon receipt of an application, the Planning and Development Director shall:

(a)

Schedule a review at a regular meeting of the Commission.

(b)

Notify the applicant of the time and place of the review.

(c)

Notify the City Manager and all City Departments potentially affected that an application to nominate has been received, and request that each department report back to the Planning and Development Director on any matters affecting the subject property or surrounding area.

(d)

Prepare a report to the Commission which transmits the nomination application and includes an assessment of the effect of the proposed designation on the surrounding neighborhood, the relationship of said proposal to the Comprehensive Plan, and any other planning considerations or affecting the subject property or surrounding neighborhood.

(C.B. No. 99-241, § 4, 8-17-99; C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

Notice of the application shall be mailed to the affected property owner(s) and applicant no later than ten (10) days prior to the review of the application by the Commission. Within the notice of application, the time and date of the Commission review of the application shall be made. Notice to the applicant and property owner(s) of a proposed landmark, or within a proposed district shall be by first class mail. The Planning and Development Director shall make a good faith effort to comply with the provisions of this Section. Failure of the applicant or property owner to receive such notice shall not invalidate these proceedings.

(C.B. No. 99-241, § 5, 8-17-99; C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

(a)

The Commission shall meet with the applicant and property owners to:

(1)

Review the proposed application to determine performance within the applicable designation criteria in sections 37-491 through 37-493, herein.

(2)

Review the proposed boundaries of the district and recommend modifications if deemed appropriate, in accordance with the designation criteria contained within this Article.

(3)

Identify and list within the nomination application all contributing and noncontributing structures within the proposed Conservation or Historic District.

(4)

The Commission shall approve the application and nominate the property(ies) for designation or shall deny the application.

(b)

Upon nomination for designation, the Commission shall instruct the Planning and Development Director to schedule a public hearing before the Plan Commission.

(C.B. No. 99-241, § 6, 8-17-99; C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

Within ten (10) working days following a decision by the Commission to nominate property(ies) for landmark or district designation, the Planning and Development Director shall notify the applicant and affected property owners of the nomination. Within the notice of nomination, a notice of the meeting of the Plan Commission to review the nomination shall be made. Notice to the applicant and property owner(s) of a proposed landmark, or a proposed district shall be by first class mail. The Planning and Development Director shall make a good faith effort to comply with the provisions of this section. Failure of the applicant or property owner to receive such notice shall not invalidate these proceedings.

(C.B. No. 99-241, § 7, 8-17-99; C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

(a)

Written notice. The Planning and Development Director shall schedule a public hearing before the Plan Commission within thirty (30) days following instruction from the Commission to proceed. The Planning and Development Director shall notify the applicant and owner(s) of the affected property by first class mail as to the date, time, place, and purpose of the public hearing, not less than fifteen (15) days, nor more than thirty (30) days in advance of such hearing.

(b)

Published notice. The Planning and Development Director shall publish a notice in a newspaper of general circulation in the City of Champaign, describing the property proposed for designation, and setting forth the date, time, place, and purpose of the hearing. Such notice shall be published not less than fifteen (15) days, nor more than thirty (30) days prior to the date of the public hearing.

(c)

Notice by sign. Property owners affected by the nomination shall permit the Planning and Development Director to post, or cause to be posted, weatherproof signs adequate in size and number to be visible from the adjacent roadways. The following words "NOTICE OF PUBLIC HEARING" shall appear at the top of the sign. The sign must also indicate the purpose of the hearing, the date, and time the hearing shall be conducted, and the phone number for the City of Champaign Planning and Development Department. Such sign shall be posted not less than fifteen (15) days, but no more than thirty (30) days prior to the date of the start of the public hearing. The Planning and Development Director shall make a good faith effort to keep the signs in place until the close of the public hearing, but in no case shall the signs remain after ten (10) days from the completion of the final public hearing. The Planning and Development Director may waive the requirement to post signs if the size of the proposed district makes posting impractical.

(d)

The City shall make a good faith effort to comply with the notification requirements of this Section. Failure to meet the requirements will not invalidate any action by the City.

(C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

The Planning and Development Director shall prepare a report of the actions of the Commission regarding the nomination for presentation at the public hearing. Testimony and other evidence concerning the compliance of the proposed Landmark, Conservation or Historic District with the criteria required for designation as provided in this article shall be taken at the public hearing before the Plan Commission from any person wishing to be heard. The owner of any proposed landmark or of any property within a proposed District shall be allowed a reasonable opportunity to present evidence regarding said criteria and to respond to such evidence or testimony given by others. All persons shall testify under oath, to be administered by the Chair.

(C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

During the public hearing, the Plan Commission may recommend modifications to the nomination to eliminate, change, or to remove a property from within the boundary of a proposed district, except that no interior lot shall be eliminated. The Commission may not modify the nomination to extend beyond the property described in the application, unless a new application for nomination is filed and the procedure repeated. Such modifications shall be sent to the Historic Preservation Commission for consideration. The Historic Preservation Commission shall review said modifications within fifteen (15) days following notice from the Plan Commission and either recommend for or against such modifications in writing to the Plan Commission. The public hearing shall remain open until the Commission's response to the modifications is entered as testimony. The hearing shall be closed upon the completion of testimony and the submission of evidence.

(C.B. No. 99-241, § 8, 8-17-99; C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

The Plan Commission shall make a recommendation on the nomination to the City Council within thirty (30) days after the conclusion of the public hearing. The Commission may recommend the approval, denial, or approval with conditions of the nomination application, subject to modifications or conditions established at the public hearing. The Plan Commission shall consider the following in making its recommendation:

(a)

The extent to which the nomination meets one or more of the applicable criteria set forth in either section 37-491, section 37-492, or section 37-493;

(b)

Whether the designation is consistent with the intent and objectives of this article, as set forth in section 37-452, and the intent of the Zoning Ordinance generally;

(c)

Whether the property owner has demonstrated that a reasonable return cannot be obtained on the property if it is so designated; and

(d)

Whether the property owner opposes the designation.

(C.B. No. 98-142, § 1, 7-21-98; C.B. No. 99-241, § 9, 8-17-99; C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

After the Plan Commission has made its recommendation, the City Council shall approve or deny by Ordinance, the Plan Commission's recommendation. The City Council shall consider the following in taking action on the application:

(a)

The extent to which the application meets one or more of the applicable criteria set forth in either section 37-491, section 37-492, or section 37-493;

(b)

Whether the designation is consistent with the intent and objectives of this article, as set forth in section 37-452, and the intent of the Zoning Ordinance generally;

(c)

Whether the property owner has demonstrated that a reasonable return cannot be obtained on the property if it is so designated; and

(d)

Whether the property owner opposes the designation.

When the Plan Commission recommends denial, the designation shall not be approved except by six (6) favorable votes of all members of the City Council. If the City Council approves the designation, the City Clerk shall record a copy of the Ordinance approving the designation with the County Recorder.

(C.B. No. 98-142, § 1, 7-21-98; C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

If a valid written protest against any nomination is filed with the City Clerk, then the ordinance approving the nomination shall only be approved by six (6) favorable votes of all members of the City Council. A valid protest shall meet the following criteria:

(a)

A protest shall be filed with the City Clerk by 5:00 p.m., three (3) business days before action by the City Council is scheduled to occur.

(b)

A written protest shall be signed by the owners of forty (40) percent or more of the property included within the boundary of the proposed district. Each property shall be entitled to one vote. In the case of a property with more than one record owner, the protest must be signed by each record owner. A property owned land trust may execute a protest only if executed by the trustee. Ownership shall be determined by the records in the Recorder's Office as of the time and date the protest is filed.

(c)

The document shall identify the proposed nomination, shall contain a statement of protest against the nomination, and shall attest that the signatories are the legal owners of the property identified therein.

(d)

The document shall bear the signatures, common street addresses, and property identification number of those signing the document, and shall identify the property which each signatory owns. Each signature shall be properly notarized.

(C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

Designation as a Landmark, Conservation, or Historic District may be amended or rescinded by Ordinance of the Council after application to the Commission and compliance with the same procedures set forth for designation.

(C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

From the date of notice to the owner(s) of the subject property specified in section 37-496 until the date of either a decision by the Commission denying the application or an approval or denial of the application by the City Council, the provisions of this article shall apply as if the subject property were designated as requested. However, this interim control shall in no case apply for more than one hundred eighty (180) days after the application is filed.

The provisions of this Section shall not apply to land, buildings, or structures if in the opinion of the Zoning Administrator, a person who owns or has a right to use land, buildings, or structures has made a substantial change in position (including substantial expenditures or the incurrence of substantial obligations) prior to the date the nomination application was filed, without knowledge of the proposed nomination and in reliance upon the probability that, under the provisions of the Zoning Ordinance, a building permit would be issued. Neither the acquisition of any interest in land, buildings, or structures, nor expenditures made, or obligations incurred in connection with such acquisitions shall be considered in determining whether there has been a substantial change in position.

(C.B. No. 99-241, § 10, 8-17-99; C.B. No. 2006-021, § 5, 1-17-06; C.B. No. 2006-021, § 10, 6-20-06; C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

The intent of this section is to ensure that structures designated as Landmarks, or structures located in a Historic or Conservation District, be in harmony with other structures located therein. It is not the intent of this Article to regulate the use of land as otherwise allowed in this Chapter, to require the reconstruction or restoration of individual or original buildings or to prohibit the demolition or removal of such buildings or to impose architectural styles from particular historic periods. In considering new construction, the Commission shall encourage contemporary design which is harmonious with the character of the district.

(C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

(a)

For Landmarks and Historic Districts, a Certificate of Appropriateness is required as follows:

(1)

Activity involving the exterior of the structure including alterations, construction, relocations, or demolition, whether or not a building permit is required.

(2)

No Certificate of Appropriateness shall be required for the following activity:

(i)

Change in exterior paint scheme or colors.

(ii)

Installation of, or change in, storm doors, storm windows, screens, window air conditioners, or television antennas.

(iii)

Ordinary repair and maintenance of existing exterior architectural features which does not change the basic structural appearance of same.

(iv)

Installation and repair of walks, patios, or driveways.

(v)

Installation of outside storage and mechanical equipment that cannot be seen from the street.

(vi)

Installation, removal or changes in landscaping.

(b)

For Conservation Districts, a Certificate of Appropriateness is required as follows:

(1)

Activity involving the exterior of contributing structures, and requiring a building permit, including construction, demolition, or relocation.

(2)

The construction of any new building on any lot in the district.

(3)

No Certificate of Appropriateness shall be required for any activity that does not require a building permit.

(4)

No Certificate of Appropriateness shall be required for construction or demolition of noncontributing structures.

(C.B. No. 99-241, § 11, 8-17-99; C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

(a)

Any application for a building permit, including plans and specifications as required by the building permit or Commission, for designated landmarks or for structures within designated Conservation or Historic Districts shall be sent by the Building Official to the Planning and Development Director within seven (7) calendar days after the Building Official receives the application. Any application for a Certificate of Appropriateness which is not a part of a building permit application shall be submitted by the applicant to the Planning and Development Director.

(b)

The Planning and Development Director is hereby authorized to issue a Certificate of Appropriateness on behalf of the Commission for work which does not require a building permit when the work conforms to the guidelines and design standards established herein. If the work does not conform to the guidelines and design standards, then the Certificate of Appropriateness shall be denied. If denied, the applicant can apply directly to the Commission for a Certificate of Appropriateness.

(c)

If the Planning and Development Director determines that the proposed activity does not fall within the scope of administrative approval described in subsection (b) above, the application shall be forwarded to the Commission for review at the next available regular meeting.

(d)

At the next regular meeting, the Commission shall review the application and determine if the proposed work is clearly consistent with the guidelines and design standards established herein. The Commission shall either approve, approve with modifications, or deny the application. If the applicant does not agree with the Commission's decision to modify an application, the application shall be denied. If the application is approved, or approved with modifications, the Commission shall issue a Certificate of Appropriateness.

(e)

The granting of a Certificate of Appropriateness shall be the final administrative decision. A Certificate of Appropriateness shall be valid for six (6) months to start and continue the approved work. After the issuance, no change may be made in the proposed work without resubmittal of an application.

(f)

?If the Commission finds that the proposed work is clearly inconsistent with guidelines and design standards established herein, the Certificate of Appropriateness shall be denied. No application for a Certificate of Appropriateness which is substantially the same as one which has been denied previously shall be considered by the Commission for one year, or if appealed, for one year after the same was denied by the City Council.

(g)

The Building Official may issue a building permit only consistent with the Certificate of Appropriateness.

(h)

The Building Official shall not issue a building permit in cases where the Certificate of Appropriateness was denied.

(C.B. No. 99-241, § 12, 8-17-99; C.B. No. 2006-021, § 6, 1-17-06; C.B. No. 2006-021, § 11, 6-20-06; C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

An applicant whose application for a Certificate of Appropriateness is denied by the Commission may appeal the Commission's decision in writing to the City Council. The City Council shall take action on the appeal within thirty (30) days. The City Council may affirm or modify the decision after due consideration of the facts contained in the record submitted by the Commission on the denied application. The City Council may receive comments on the content of the record, but no new matter may be considered by the Council, and its decision shall be based solely on a determination as to whether the proposed work is in accordance with applicable standards. If the City Council approves the application as submitted, or approves the application with modifications, the Planning and Development Director shall notify the applicant and Commission in writing. If the City Council concurs with the decision of the Commission to deny the application, the Council's decision shall be final. The Planning and Development Director shall notify the applicant and Commission in writing.

(C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

If emergency circumstances affect a landmark or a structure or building within a Conservation or Historic District which require immediate relief, repair or demolition, the Fire Chief shall certify that such conditions exist and said conditions shall be eliminated as quickly as is practicable. This subsection shall apply only in cases where it is impractical for the Commission to consider an application for a Certificate of Appropriateness. In the event that the Neighborhood Services Director, or the Director's designee, shall require exterior alterations in an existing building or structure to conform to Life Safety Codes or other codes, a Certificate of Appropriateness shall be required. If in the event irreconcilable conflicts arise between such codes and this article, permission to conform to those codes must be granted by the Commission even if a Certificate of Appropriateness would not ordinarily be issued.

(C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

Notwithstanding any of the provisions of this article to the contrary, the Commission may issue a Certificate of Economic Hardship to allow the performance of work for which a Certificate of Appropriateness would have been denied.

(C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

An applicant for Certificate of Economic hardship may submit documentation to demonstrate why a reasonable return cannot be obtained on the property. The following information may be reviewed by the Commission in order to make a determination on the application:

(a)

The amount paid for the property, the date of purchase, and the party from whom purchased (including description of the relationship, if any, between the owner and the persons from whom the property was purchased).

(b)

The assessed value of the land and improvements thereon according to the two (2) most recent assessments.

(c)

Real estate taxes for the previous two (2) years.

(d)

Remaining balance on mortgage, if any, and annual debt service, if any, for the previous two (2) years.

(e)

All appraisals obtained within the previous two (2) years by the owner or applicant in connection with this purchase, financing, or ownership of the property.

(f)

Any listing of the property for sale or rent, price asked, and offers received, if any.

(g)

Any consideration by the owners regarding potential adaptive uses for the property.

(h)

If the property is income-producing, the annual gross income from the property for the previous two (2) years, itemized operating and maintenance expenses for the previous two (2) years, and annual cash flow before and after debt service, if any during the same period.

(i)

Form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture, or other.

(j)

Any other information, reasonably necessary for a determination as to whether the property can be reasonably used or yield a reasonable return to present or future owners.

(C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

If the Commission finds that without approval of the proposed work, the property and improvements cannot be put to a reasonably beneficial use or the owner cannot obtain a reasonable economic return therefrom, then the Commission shall issue a Certificate of Economic Hardship approving the proposed work. If the Commission finds otherwise, it shall deny the request for a Certificate of Economic Hardship.

(C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

(a)

In making a determination whether to issue or deny a Certificate of Appropriateness, the Commission shall consider, among other things, the effect of the proposed alteration, construction, demolition, relocation, or removal upon the historic, aesthetic or architectural value, characteristics and significance of the Landmark, Historic or Conservation Districts.

(b)

The Commission shall also consider the maintenance of significant original qualities or characteristics of the landmark, structure or property within a Conservation or Historic District. The removal or alteration of historic or distinctive architectural features should be avoided when possible.

(C.B. No. 99-241, § 13, 8-17-99; C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

For Landmarks, Historic Districts and Conservation Districts, any activity as regulated by the provisions of this Article shall be evaluated against the following guidelines:

(a)

Height. The height of the proposed structure or additions or alterations shall be compatible with surrounding structures.

(b)

Proportions of structure's contributing facade. The proportion between the width and height of the proposed structure shall be compatible with nearby structures.

(c)

Relationship of openings into the facility. The proportions and relationships between doors and windows shall be compatible with existing structures.

(d)

Relationship of building masses and spaces. The relationship of a structure to the open space between it and adjoining structures shall be compatible.

(e)

Roof shapes. The design of the roof shall be compatible with adjoining structures.

(f)

Appurtenances. Appurtenances shall be sensitive to the individual structures, its occupants and their needs.

(g)

Scale of structure. The scale of the structure should be compatible with surrounding structures.

(h)

Directional expression of front elevation. Street facades shall blend with other structures with regard to directional expression. When adjacent structures have a dominant horizontal or vertical expression, this shall be carried over and reflected.

(i)

Architectural details. Architectural details and materials shall be incorporated as necessary to relate the new with the old and to preserve and enhance the inherent characteristics of that area.

(C.B. No. 99-241, § 14, 8-17-99; C.B. No. 2006-021, § 7, 1-17-06; C.B. No. 2006-021, § 12, 6-20-06; C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

Editor's note— Formerly entitled "Criteria for new relocations, additions, and new construction," which was renamed by C.B. No. 2018-160.

In addition to the criteria identified above, for Landmarks and Historic Districts, any activity regulated under the provisions of this article shall be undertaken in accordance with the following standards:

(a)

A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

(b)

The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

(c)

Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

(d)

Most properties change over time, those changes that have acquired historic significance in their own right shall be retained and preserved.

(e)

Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.

(f)

Deteriorated historic features shall be repaired rather than replaced whenever feasible. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where practical, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.

(g)

Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

(h)

Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

(i)

Additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.

(j)

Additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

(C.B. No. 2006-021, § 13, 6-20-06; C.B. No. 2018-160, § 1(Exh. A), 10-2-18)

Editor's note— Formerly entitled "Criteria for construction, alteration, and demolition," which was renamed by C.B. No. 2018-160.

The Zoning Administrator may reduce the off-street parking requirement by up to fifty (50) percent if the following conditions are met:

(1)

The building to be rehabilitated has been designated as an Historic Landmark, or the building is a Contributing Structure located within a Historic District or Conservation District.

(2)

That in the determination of the Zoning Administrator it would be physically impractical to provide the required parking in the rear or interior side yard of the structure due to the size, shape or topography of the lot, or the provision of such parking would detract from the historic character of the property.

(3)

This reduction shall not apply to any expansion of any structure, unless such expansion has received a Certificate of Appropriateness from the Historic Preservation Commission.

(C.B. No. 2002-028, § 1, 2-19-02; C.B. No. 2006-281, § 1, 11-7-06; C.B. No. 2018-160, § 1(Exh. A), 10-2-18)