A.

The purpose of this chapter is to promote the protection, enhancement, perpetuation and use of improvements of special character or historical interest or value in the interest of the health, prosperity, safety, and welfare of the people of the City of Collinsville by:

1.

Providing a mechanism to identify and preserve the distinctive and architectural characteristics of Collinsville which represent elements of the City's cultural, social, economic, political, and architectural history;

2.

Fostering civic pride in the beauty and noble accomplishments of the past as represented in Collinsville's landmarks and historic preservation overlay districts;

3.

Conserving and improving the value of property designated as landmarks or within historic preservation overlay districts;

4.

Protecting and enhancing the attractiveness of the City to investors, home buyers, tourists, visitors, and shoppers, and thereby supporting and promoting business, commerce, industry, and providing economic benefit to the City;

5.

Fostering and encouraging preservation, regular maintenance, restoration, rehabilitation, reconstruction, new construction of buildings, structures, areas, and neighborhoods, and thereby preventing future urban blight.

(Ord. No. 20-119, § 1, 12-15-2020)

Unless specifically defined below, words or phrases in this title shall be interpreted giving them the same meaning as they have in common usage and so as to give this title its most reasonable application:

Alteration means any act or process that changes one (1) or more the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure.

Appurtenance means a secondary or accessory element of a Landmark or Historic District that is attached and incidental to the principal property; a tangible improvement or object attached to, or an intangible right to be used with property or land which then becomes permanent, immovable, or fixed to property or land to which it is improved upon and passes in possession with the ownership of the property or land.

Building means any structure created for the support, shelter or enclosure of persons, animals or property of any kind and which is permanently affixed to the land.

Building Code means the building codes adopted by the City for the regulation of construction, alteration, addition, repair, removal, demolition, location, occupancy, and maintenance of buildings and structures.

Certificate of appropriateness means a certificate from the Commission authorizing plans for alterations, construction, removal or demolition of a landmark or part thereof; or site within a designated historic preservation overlay district.

Certificate of economic hardship means a certificate issued by the Commission authorizing an alteration, construction, removal or demolition, even though a certificate of appropriateness has previously been denied.

City means the City of Collinsville, Illinois.

City certified landmark means any building, structure or site which has been designated as a "landmark" by a City ordinance pursuant to procedures prescribed herein, that is worthy of rehabilitation, restoration, and preservation because of its prehistoric, historic and/or architectural significance to either the City of Collinsville, County of Madison, State of Illinois, or the United States.

Commission means the Collinsville Historic Preservation Commission.

Construction means the act of adding an addition to an existing structure or the erection of a new principal or accessory structure on a lot or property.

Demolition means any act or process that destroys in part or in whole a landmark or site within a designated landmark site or a designated historic preservation overlay district.

Design guideline means a standard of appropriate activity that will preserve the historic and architectural character of a structure or area.

Design review request means a request to the Commission to alter or demolish in part or in whole a landmark or designated historic preservation overlay district.

Exterior architectural appearance means the architectural character and general composition of the exterior of a property, structure or object, including, but not limited to, the kind, color, and the texture of the building material and the type, design and character of all architectural details and elements, including but not limited to, 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.

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

Historic Preservation Overlay District (HPO), also known as a "historic district", means an area designated as an "Historic Preservation Overlay" by ordinance of the City Council, and will contain within definable geographic boundaries a minimum of six (6) contiguous properties or structures that, while not of such historical and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the City certified landmarks or landmarks located within the historic preservation overlay district. The overlay district will be a set of additional zoning regulations that will be in addition to the present land use zoning district that exists before an HPO designation.

Landmark means any building, structure or site which has been designated as a "landmark" by City ordinance pursuant to procedures prescribed herein, that is worthy of rehabilitation, restoration, and preservation because of its historic and/or architectural significance to the City of Collinsville.

Major changes or major works means any alteration, modification, repair, maintenance, restoration, rehabilitation, renovation, reconstruction, new construction, demolition, or removal affecting the exterior architectural appearance of designated Landmarks or Historic Districts which materially affects the properties' historic characteristics or historic integrity, and which require a maximum of discretion in conforming to adopted design criteria, and excluding changes specified as a minor change or exempt undertaking, whether or not a building permit is required. "Major changes" are specified in Section 17.200.130.C, Table 1.

Minor changes or minor works means any alteration, modification, repair, maintenance, restoration, rehabilitation, renovation, reconstruction, new construction, demolition, or removal affecting the exterior architectural appearance of designated Landmarks or Historic Districts, but which do not materially affect the properties' historic characteristics or historic integrity, and which require a minimum of discretion in conforming to adopted design criteria. "Minor changes" are specified in Section 17.200.130.C, Table 1.

Owner of record means the person, corporation, or other legal entity listed as owner on the records of the County Recorder of Deeds.

Rehabilitation means 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, architectural and cultural values.

Removal means any relocation of a structure on its site or to another site.

Repair means any change that does not require a building permit that is not construction, relocation or alteration.

Structure means anything constructed or erected. The use of which requires permanent or temporary location on or in the ground including, but without limiting the generality of the foregoing, buildings, fences, gazebos, advertising signs, billboards, backstops for tennis courts, radio and television antennae, including supporting towers, swimming pools, satellite dishes, solar panels and wind generation.

Structure, contributing, means those buildings, structures, accessory structures, appurtenances or anything constructed or erected that provides continuity of historic features, historic significance, architecture, design, or site elements that have significant relationship to the district in a contributing manner.

Structure, non-contributing, means those buildings, structures, accessory structures, appurtenances or anything constructed or erected that does not provide continuity of historic features, historic significance, architecture, design, or site elements but does not distract from the continuity of the district in a negative manner.

Structure, intrusive, means those buildings, structures, accessory structures, appurtenances or anything constructed or erected that impacts the design integrity in a negative manner; any structure which is not of similar construction or design of those structures that have provided for a continuity within the district, but are not identified as non-contributing structures.

Structural change means any change or repair in the supporting members of a building, structure, roof or exterior walls which would expand the building in height, width or bulk of the building.

Undertakings means any alteration (as defined herein) to any building, structure, or attached landscape appurtenances, in whole or in part, and which in any way affects an exterior architectural feature of a Landmark or Historic District designated under this section, regardless of "contributing" or "noncontributing" status. This definition explicitly excludes seasonal installation of window air conditioning units, living landscaping, and ornamentation and fixtures which are not appurtenances, including temporary decorations and lighting. This definition also excludes any work taking place within public rights-of-way, including alleys.

Undertakings, Exempt means undertakings which are explicitly classified as "Exempt Undertakings" in Section 17.200.130.C,
Table 1.

Zoning Code means Title 17, in its entirety, of the Code of Ordinances of the City, as revised and amended.

(Ord. No. 20-119, § 1, 12-15-2020)

A.

Composition. The Collinsville Historic Preservation Commission shall consist of eleven (11) voting members, nine (9) of which shall be residents of the City of Collinsville that are appointed by the Mayor and approved by the City Council. The remaining two (2) City designated voting members shall include one (1) representative from the Plan Commission, and one (1) representative from the Parks and Recreation Advisory Commission.

B.

Qualifications. The resident members shall be appointed on the basis of expertise, experience or interest in the area [of] architectural history, building construction or engineering, finance, historical and architectural preservation, neighborhood organizing or real estate.

C.

Terms. Resident members of the Commission shall be appointed for terms of three (3) years. Alternate members may be appointed by the Mayor and City Council to serve in the absence or disqualification of the resident members. Vacancies shall be filled for the unexpired term only. All members shall serve without compensation.

D.

Staff Support. The City Manager shall be responsible for providing staff support.

E.

Officers. Commission officers shall consist of a chairman, vice-chairman, and a secretary. The Chairman of the Commission shall be appointed by the Mayor and approved by the City Council. The vice-chairman and secretary shall be elected by the Commission, serve a term of one (1) year, and be eligible for re-election. The chairman shall preside over meetings. In the absence of the chairman, the vice-chairman shall perform the duties of the chairman. If both are absent, a temporary chairman shall be elected by those present. A designated voting member may not serve as chairman of the Historic Preservation Commission while simultaneously serving as chairman of either the Plan Commission or the Parks and Recreation Advisory Board.

F.

Meetings.

1.

A quorum shall consist of a majority of the appointed members. All decisions or actions of the Commission shall be made by a majority vote of those members present and voting at any meeting where a quorum exists. Meetings shall be held at regularly scheduled times to be established by resolution of the Commission at the beginning of each calendar year or at any time upon the call of the Chairman in accordance with the Illinois Open Meetings Act.

2.

No member of the Commission shall vote on any matter that may materially or apparently affect the property, income or business interest of that member. No action shall be taken by the Commission that could in any manner, deprive or restrict the owner of property in its use, modification, maintenance, disposition, or demolition until such owner shall first have had the opportunity to be heard at a public meeting of the Commission, as provided herein. The Chairman, and in his absence the acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Commission shall be open to the public.

(Ord. No. 20-119, § 1, 12-15-2020)

Pursuant to 65 ILCS 5/11-48.2-3, as amended, the Commission shall have the following administrative powers and duties, subject to the prior approval of the City Council to incur expenses:

A.

To conduct ongoing surveys and research to identify historically and architecturally significant properties, structures and areas, significant because of their association with particular persons, events, historical periods, architectural style, or such other criteria of historical or architectural significance;

B.

To investigate, nominate and/or recommend to the City Council the adoption of ordinances designating properties or structures having special historic, community, or architectural value as "landmarks";

C.

To investigate, nominate and/or recommend to the City Council the adoption of ordinances designating properties or structures having special historic, community, or architectural value as "historic preservation overlay districts";

D.

To keep a register of all properties and structures that have been designated as landmarks or historic preservation overlay districts, including all information required for each designation;

E.

To recommend an appropriate system of markers and make recommendations for the design and implementation of specific markings of the streets and routes leading from one (1) landmark or historic preservation overlay district to another;

F.

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

G.

To inform and educate the citizens of Collinsville concerning the historic and architectural heritage of the City by publishing appropriate maps, newsletters, brochures, and pamphlets, and by holding programs and seminars;

H.

To hold public hearings and to review applications for construction, alteration, removal, or demolition affecting proposed or designated landmarks or structures or historic preservation overlay districts and make recommendations to the City whether to issue or deny certificates of appropriateness for such actions. Applicants shall be required to submit plans, drawings, elevations, specifications, and other information as may be necessary to make decisions;

I.

To review applications for construction, alteration, removal or demolition of designated landmark sites or building or objects of special historical, community or aesthetic interest or value, and make recommendations to the City which will be administered as part of the building permit procedures;

J.

To review petitions for rezoning, special use permits and variances that affect designated landmark sites and provide input at hearings with respect thereto;

K.

To administer on behalf of the City any property interests of the City with respect to designated landmark sites, including interest conveyed to the City under 765 ILCS 120/1(b) and 120/2, upon separate designation for each site from the City Council;

L.

To seek advice and aid from City staff personnel according to rules established by the City Manager or the City Council;

M.

Members may testify before any board or commission on matters within the Commission's power and authority;

N.

To review the City's Zoning Code and make suggestions to the City Council relating to matters within the Commission's power and authority.

(Ord. No. 20-119, § 1, 12-15-2020)

A.

Application. Any party desiring to apply for a landmark designation for any building, structure, or area within the boundaries of the City which may have historic or architectural significance as defined by the Code shall file with the City an application accompanied by such data and information as prescribed in this chapter. Application forms shall be as provided by the City and notwithstanding any provision in this chapter, the City may further require from an applicant any additional information, documents, or data. A review of the application shall be completed by the City within thirty (30) days of the date of filing. The City shall provide the applicant with comments delineating all application deficiencies that need to be addressed in order to complete the application. The applicant shall submit a revised application addressing identified deficiencies.

B.

Owner Authorization Required. Only properties for which the City has received written consent from all owners of record thereof shall be subject to designation as a landmark. Said written consent shall give the property's common address, legal description, affirmatively state that the owners of record desire that the property be designated a landmark and must be signed by all owners of record.

C.

Fees. An application fee in the amount established in Title 4 shall accompany each application filed with the City.

D.

Public Hearing Required. After an application is complete in its submission, including additional information requested by the City, the City shall refer the application to the Historic Preservation Commission for study and public hearing, and shall cause an accurate written summary to be made of the proceedings. During the public hearing, the Historic Preservation Commission shall review and evaluate the application according to the criteria established in this chapter.

E.

Public Notice. Publication of notices shall be in accordance with state statutes regarding changes in zoning and shall contain a statement regarding the location of the proposed landmark and summarizing how the proposed landmark purports to meet the criteria set forth in this chapter.

F.

Staff Reports. When the City determines the application sufficient for hearing before the Historic Preservation Commission, and subsequently the City Council, it shall prepare a staff report for the applicant, Historic Preservation Commission, and subsequently the City Council that provides an overview of the project's level of compliance with the City Code, the applicable review criteria set forth herein, requirements of this chapter, comments of appropriate City departments, and other associated jurisdictions and agencies. The staff report shall contain a written recommendation of approval, approval with specific conditions, or disapproval, made to the Historic Preservation Commission and subsequently the City Council.

G.

Historic Preservation Commission Recommendation. A majority of a quorum of Historic Preservation Commission members present and voting at the public hearing shall be required to recommend approval or denial of the application designating the subject property as a landmark. The Historic Preservation Commission shall make recommendation to the City Council to:

1.

Approve;

2.

Approve with Conditions; or

3.

Deny.

H.

City Council Determination. After the Historic Preservation Commission submits a recommendation of approval or disapproval of such application and the reasons therefore, the City Council shall:

1.

Adopt such recommendation by ordinance;

2.

Amend and adopt such recommendation by ordinance;

3.

Deny such recommendation by ordinance; or

4.

Return such recommendation to the Historic Preservation Commission with a statement specifying the basis for the City Council's failure to approve the application.

a.

If the City Council returns the Historic Preservation Commission's recommendation, the Historic Preservation Commission may resubmit its original recommendation to the City Council giving the reasons therefore or submit a new and amended recommendation. After the Historic Preservation Commission submits a renewed recommendation of approval or disapproval of such application and the reasons therefore, the City Council shall:

i.

Adopt such recommendation by ordinance;

ii.

Amend and adopt such recommendation by ordinance

iii.

Deny such recommendation by ordinance; or

iv.

Refuse to take any further action on the matter, which shall also be deemed as a denial of the Historic Preservation Commission's renewed recommendation.

I.

Recording. The City shall file adopted ordinances with the appropriate County Recorder of Deeds.

J.

Notice of Determination. The City shall provide written notification to the applicant and all owners of record of the Historic Preservation Commission's or City Council's decision within seven (7) days of such decision by the Historic Preservation Commission or City Council. In the event of denial of an application for a designation of a landmark, the City shall notify the applicant in writing of the disapproval and the reasons therefore and shall recommend changes, if any, in the proposed action that may cause the Historic Preservation Commission or City Council to approve the application.

(Ord. No. 20-119, § 1, 12-15-2020)

A.

Criteria. In order to make a recommendation of approval or disapproval of an application for landmark designation, the Historic Preservation Commission and City Council shall determine whether the property, structure, or area possesses the integrity of design, workmanship, materials, location, setting, or feeling that will meet one (1) or more of the following criteria:

1.

Significant value as part of the historic, heritage or cultural characteristics of the community, county, state or nation;

2.

Its identification with a person who significantly contributed to the development of the community, county, state or country;

3.

Representative of the distinguishing characteristics of architecture inherently valuable for the study of a period, type, method of construction or use of indigenous materials;

4.

Notable work of a master builder, designer, architect or artist whose individual work has influenced the development of the community, county, state or country;

5.

Its unique location or singular physical characteristics that make it an established or familiar visual feature;

6.

Its character as a particularly fine or unique example of a utilitarian structure, including but not limited to farmhouses, gas stations, or other commercial structures, with a high level of integrity or architectural significance;

7.

Whether the property has archaeological significance to the community, county or state;

8.

Area that has yielded or may be likely to yield, information important in history or prehistory.

B.

Matters to be Considered. The following matters shall be considered when taking action on an application for historic district designation:

1.

The extent to which the nomination meets the intent, objectives, and applicable criteria set forth in this chapter.

2.

Whether the designation is consistent with the general intent of the Zoning Ordinance and City Plans.

3.

Whether the owners of record of the proposed landmark have demonstrated that a reasonable return cannot be obtained on the property if it is so designated; and

4.

Whether the owners of record of the proposed landmark opposes the designation.

(Ord. No. 20-119, § 1, 12-15-2020)

A.

Application. Any party desiring to apply for a historic district designation for any geographic area within the boundaries of the City which may have historic or architectural significance as defined by the Code shall file with the City an application accompanied by such data and information as prescribed in this chapter. Application forms shall be as provided by the City and notwithstanding any provision in this chapter, the City may further require from an applicant any additional information, documents, or data. A review of the application shall be completed by the City within thirty (30) days of the date of filing. The City shall provide the applicant with comments delineating all application deficiencies that need to be addressed in order to complete the application. The applicant shall submit a revised application addressing identified deficiencies.

B.

Owner Authorization Required. Only properties for which the City has received written consent from all owners of record thereof shall be included in the proposed historic district. Said written consent shall give each property's common address, legal description, affirmatively state that the owners of record desire that the property be included in the proposed historic district and must be signed by all owners of record.

C.

Public Hearings Required. When the City determines that an application is complete in its submission, including additional information requested by the City, the City shall refer the application to the Historic Preservation Commission, and subsequently to the Plan Commission for study and public hearing, and finally to the City Council for final disposition, and shall cause an accurate written summary to be made of the proceedings. During the public hearing, the Historic Preservation Commission, and subsequently the Plan Commission, and finally the City Council shall review and evaluate the application according to the designation criteria established in this chapter.

D.

Public Notices. Publication of notices shall be in accordance with state statutes regarding changes in zoning and shall contain a statement regarding the location of the proposed historic district designation; summarize how the proposed landmark purports to meet the criteria set forth in this chapter and set forth the date, time, and place of the hearing.

E.

Staff Reports. When the City determines the application sufficient for hearing before the Historic Preservation Commission, and subsequently the Plan Commission and finally the City Council, it shall prepare a staff report for the applicant, Historic Preservation Commission, and subsequently the Plan Commission and City Council that provides an overview of the project's level of compliance with the City Code, the applicable review criteria set forth herein, requirements of this chapter, comments of appropriate City departments, and other associated jurisdictions and agencies. The staff report shall contain a written recommendation of approval, approval with specific conditions, or disapproval, made to the Historic Preservation Commission and subsequently the Plan Commission and City Council.

F.

Historic Preservation Commission Recommendation. A majority of a quorum of Historic Preservation Commission members present and voting at the public hearing shall be required to recommend approval or denial of an application designating a geographic area as a historic district. The Historic Preservation Commission shall make recommendation to the Plan Commission to:

1.

Approve;

2.

Approve with Conditions; or

3.

Deny.

G.

Modifications. 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 Plan Commission may not modify the nomination to extend beyond the proposed boundary described in the application, unless a new application for historic designation is filed, and the procedure repeated. Such modifications extending beyond the proposed boundary shall be sent to the Historic Preservation Commission for consideration. The Historic Preservation Commission shall recommend approval or denial of such modifications in writing to the Plan Commission. The public hearing before the Plan Commission shall remain open until the Historic Preservation 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.

H.

Plan Commission Recommendation. After the Historic Preservation Commission has made its recommendation, the Plan Commission shall make recommendation to the City Council to:

1.

Approve;

2.

Approve with Conditions and/or Modifications; or

3.

Deny.

I.

City Council Determination. After the Plan Commission has made its recommendation, the City Council shall:

1.

Adopt such recommendation by ordinance;

2.

Amend and adopt such recommendation by ordinance

3.

Deny such recommendation by ordinance;

4.

Return such recommendation to the Plan Commission with a statement specifying the basis for the City Council's failure to approve the application.

a.

If the City Council returns the Plan Commission's recommendation, the Plan Commission may resubmit its original recommendation to the City Council giving the reasons therefore or submit a new and amended recommendation. After the Plan Commission submits a renewed recommendation of approval or disapproval of such application and the reasons therefore, the City Council shall:

i.

Adopt such recommendation by ordinance;

ii.

Amend and adopt such recommendation by ordinance

iii.

Deny such recommendation by ordinance; or

iv.

Refuse to take any further action on the matter, which shall also be deemed as a denial of the Plan Commission's renewed recommendation.

J.

Recording. The City shall file adopted ordinances with the appropriate County Recorder of Deeds.

K.

Notice of Determination. The City shall provide written notification to the applicant and all owners of record of the City's decision within seven (7) days of such decision by the Historic Preservation Commission, Plan Commission, or City Council. In the event of denial of an application for the designation of a historic district, the City shall notify the applicant in writing of the disapproval and the reasons therefore and shall recommend changes, if any, in the proposed action that may cause the Historic Preservation Commission, Plan Commission, or City Council to approve the application.

(Ord. No. 20-119, § 1, 12-15-2020)

A.

Criteria. In order to make a recommendation of approval or denial of an application for historic designation, the Historic Preservation Commission, Plan Commission, and City Council shall determine whether the properties, buildings, structures, areas, places or other objects within the geographic area of the proposed historic district possesses the integrity of design, workmanship, materials, location, setting, or feeling that will meet one (1) or more of the following criteria:

1.

A significant number of structures in the proposed district meets any of the standards of Landmark designation criteria;

2.

The proposed historic district contains one (1) or more landmarks along with such other buildings, structures or areas within its definable geographic boundaries, which while not of such significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark located in such district;

3.

Whether there is a repetition of distinguishing architectural or land use characteristics throughout the area; or

4.

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;

5.

Sufficient historical integrity to convey a sense of time and place unique to the City;

6.

Exemplifies or reflects the cultural, social, economic, political or architectural history of the nation, the state, county, or the City.

B.

Matters to be Considered. The following matters shall be considered when taking action on an application for historic district designation:

1.

The extent to which the nomination meets the intent, objectives, and applicable criteria set forth in this chapter;

2.

Whether the designation is consistent with the general intent of the Zoning Ordinance and City Plans;

3.

The identification of contributing and noncontributing structures within the proposed historic district;

4.

Whether owners of property included within the geographic area of the proposed historic district have demonstrated that a reasonable return cannot be obtained on the property if it is so designated; and

5.

Whether owners of property included within the geographic area of the proposed historic district opposes the designation.

(Ord. No. 20-119, § 1, 12-15-2020)

A.

Conditions for Reconsideration. A previously nominated and denied application for landmark or historic district designation shall not be reconsidered for a minimum period of one (1) year from the date of previous action by the City Council denying such application for landmark or historic district designation, except as may be permitted under one (1) or more of the following conditions:

1.

Significant new information is provided concerning the previously nominated landmark or historic district relating to the applicable criteria established in this chapter;

2.

The application addresses the City Council's reasons for denial of the previous application and recommended changes, if any, to the previous application that may cause the City Council to approve the application; and/or

3.

The City Council votes by an affirmative vote of at least a majority of eligible voting members to reconsider the previously nominated and denied application for landmark or historic district designation.

(Ord. No. 20-119, § 1, 12-15-2020)

A.

At any time prior to final disposition by the City, an applicant may withdraw an application for landmark designation, historic district designation, certificate of appropriateness, or certificate of economic hardship by indicating the same in writing to the City. All action on said application shall cease, however, no portion of the application fee shall be refunded.

B.

At any time prior to final disposition by the City, an owner of record may withdraw his/her consent for his/her property to be considered for landmark or historic district designation by indicating the same in writing to the City. All action relating to such property shall cease, however, no portion of the filing fee shall be refunded.

C.

Designation as a landmark or historic district may be amended or rescinded by ordinance of the City Council after application to the City and compliance with the same procedures set forth in this chapter for designation.

D.

At any time after a historic district has been designated by the City Council, a property owner may request to be included in such historic district and subject itself to the ordinance designating the same historic district after application to the City and compliance with the same procedures set forth in this chapter for designation.

(Ord. No. 20-119, § 1, 12-15-2020)

A.

Regulation. Until the date of final disposition by the City Council, the provisions of this chapter shall apply as if the subject property(ies), buildings, structures, places, areas, or other objects under consideration for landmark or historic district designation were designated as requested. However, this interim period of regulation shall in no case apply for more than one hundred eighty (180) days after a complete application is filed with the City.

B.

Notice of Regulation. When the City has received an applicant's submission of a complete application for landmark or historic district designation, including additional information required by the City, the City shall provide written notification to the applicant and owner(s) of record of the subject property(ies), buildings, structures, places, areas, or other objects under consideration for landmark or historic district designation of the regulations during the consideration period.

(Ord. No. 20-119, § 1, 12-15-2020)

A.

Applicability. Property(ies), buildings, structures, places, areas, or other objects being designated as a landmark or included within a designated historic district shall be subject to the issuance of a certificate of appropriateness, whether or not a building permit is required. No person shall make or cause to make any undertaking, except for exempt undertakings, without the City having first issued a certificate of appropriateness approving such work. Furthermore, the City shall not issue any building or demolition permit allowing work which could not otherwise take place until a certificate of appropriateness has been issued.

B.

When Required. Except as otherwise provided herein a certificate of appropriateness shall be required prior to any undertaking which produces a major change or minor change to the exterior architectural appearance of property(ies), buildings, structures, places, areas, or other objects being designated as a landmark or included within a designated historic district.

1.

Major Changes. A major change shall require a certificate of appropriateness approved by the Historic Preservation Commission. Major changes shall be as specified in Section 17.200.130.C, Table 1.

2.

Minor Changes. A certificate of appropriateness for a minor change may be approved administratively. Minor changes shall be as specified in Section 17.200.130.C, Table 1.

3.

Exempt Undertakings, No Review Required. A certificate of appropriateness shall not be required under one (1) or more of the following conditions:

a.

When the City grants an exemption or when the City waives the requirement that a certificate of appropriateness be issued because the applicant or the City demonstrates that a failure to grant a certificate of appropriateness would cause an imminent threat to life, health or property, and would otherwise clearly comply with all regulations of the City.

b.

When the proposed plan will conform in every respect to a valid, unexpired certificate of appropriateness previously approved for the same property.

c.

A certificate of appropriateness shall not be required for those undertakings explicitly specified as exempt undertakings in sec. 17.200.130.C, Table 1.

4.

Appeal or Variance. A certificate of appropriateness shall be required prior to any request for an appeal variance from the Building Code or Zoning Ordinance of the City of Collinsville which would otherwise permit a major changes or minor change.

C.

Level of Review for Landmarks and Historic Districts. Table 1 of this section provides a tabular summary of the level of review required for undertakings as related to Landmarks and Historic Districts. This table is intended for reference and does not necessarily reflect all undertakings which the City may classify as a major change, minor change, or exempt undertaking and which may be so regulated by this chapter.

(Ord. No. 20-119, § 1, 12-15-2020)

A.

Application. Any party desiring to apply for a certificate of appropriateness shall file with the City an application accompanied by such data and information as prescribed in this chapter. Application forms shall be as provided by the City and notwithstanding any provision in this chapter, the City may further require from an applicant any additional information, documents, or data. A review of the application shall be completed by the City within thirty (30) days of the date of filing. The City shall provide the applicant with comments delineating all application deficiencies that need to be addressed in order to complete the application. The applicant shall submit a revised application addressing identified deficiencies.

B.

Public Hearing Required. After an application is complete in its submission, including additional information requested by the City, the City shall refer the application to the Historic Preservation Commission for study and public hearing, and shall cause an accurate written summary to be made of the proceedings. During the public hearing, the Historic Preservation Commission shall review and evaluate the application according to the criteria established in this chapter.

C.

Public Notice. Publication of notices shall be in accordance with state statutes regarding changes in zoning and shall contain a statement regarding the location of the proposed landmark and summarizing how the proposed landmark purports to meet the criteria set forth in this chapter.

D.

Staff Reports. When the City determines the application sufficient for hearing before the Historic Preservation Commission it shall prepare a staff report for the Historic Preservation Commission and applicant that provides an overview of the project's level of compliance with the City Code, the applicable review criteria set forth herein, requirements of this chapter, comments of appropriate City departments, and other associated jurisdictions and agencies. The staff report shall contain a written recommendation of approval, approval with specific conditions, or disapproval, made to the Historic Preservation Commission.

E.

Historic Preservation Commission Determination. A majority of a quorum of Historic Preservation Commission members present and voting at the public hearing shall be required to make a determination of approval or denial of an application for a certificate of appropriateness for a major change. The Historic Preservation Commission shall make a determination to:

1.

Approve;

2.

Approve with Conditions; or

3.

Deny.

F.

Determination by Administrative Approval. The City shall make determination of approval or denial of an application for a certificate of appropriateness for a minor change. The City shall make a determination to:

1.

Approve;

2.

Approve with Conditions; or

3.

Deny.

G.

Notice of Determination. The City shall provide written notification to the applicant and all owners of record of the Historic Preservation Commission's or the City's decision within seven (7) days of such decision by the Historic Preservation Commission or the City. In the event of denial of an application for a certificate of appropriateness, the City shall notify the applicant in writing of the disapproval and the reasons therefore and shall recommend changes, if any, to the proposed action that may cause the Historic Preservation Commission or the City to approve the application.

H.

Reconsideration of Previously Considered and Denied Applications. Within fifteen (15) days of receipt of the notification of disapproval, the applicant may resubmit an amended application for a certificate of appropriateness that takes into consideration the recommendations of the Historic Preservation Commission or the City to the proposed action that may cause the Historic Preservation Commission or the City to approve such application.

I.

Expiration. A certificate of appropriateness shall expire two (2) years from the date of issuance.

J.

Approved Undertakings. Only undertakings which are specified by the certificate of appropriateness shall be permitted.

K.

Transferability. A certificate of appropriateness shall not be transferable from the applicant to another subsequent owner of the same property without the written approval of the City.

(Ord. No. 20-119, § 1, 12-15-2020)

A.

Intent. The intent of this section is to ensure that designated landmarks, and historic districts, 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 Historic Preservation Commission and the City shall encourage the incorporation of contemporary design which is harmonious with the character of the landmark's surrounding environment or the historic district.

B.

Criteria. In making a determination whether to approve or deny an application for a certificate of appropriateness, the Historic Preservation Commission's or the City's decision shall be based on substantial compliance with the Historic Preservation Commission's adopted Historic Preservation Design Standards, as amended from time to time by the Historic Preservation Commission; and "The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring & Reconstructing Historic Buildings" as amended.

(Ord. No. 20-119, § 1, 12-15-2020)

A.

Applicability. Notwithstanding any of the provisions of this title to the contrary, a party may apply for, and the Historic Preservation Commission may issue a certificate of economic hardship to allow the performance of work for which a certificate of appropriateness has been denied.

(Ord. No. 20-119, § 1, 12-15-2020)

A.

Application. Any party desiring to apply for a certificate of economic hardship shall file with the City an application accompanied by such data and information as prescribed in this chapter. Application forms shall be as provided by the City and notwithstanding any provision in this chapter, the City may further require from an applicant any additional information, documents, or data. A review of the application shall be completed by the City within thirty (30) days of the date of filing. The City shall provide the applicant with comments delineating all application deficiencies that need to be addressed in order to complete the application. The applicant shall submit a revised application addressing identified deficiencies.

B.

Fees. An application fee in the amount established in Title 4 shall accompany each application filed with the City.

C.

Public Hearing Required. After an application is complete in its submission, including additional information requested by the City, the City shall refer the application to the Historic Preservation Commission for study and public hearing, and shall cause an accurate written summary to be made of the proceedings. During the public hearing, the Historic Preservation Commission shall review and evaluate the application according to the criteria established in this chapter.

D.

Public Notice. Publication of notices shall be in accordance with state statutes regarding changes in zoning and shall contain a statement regarding the location of the proposed or designated landmark or historic district and summarizing how the proposed or designated landmark or historic district purports to meet the criteria set forth in this chapter.

E.

Staff Reports. When the City determines the application sufficient for hearing before the Historic Preservation Commission it shall prepare a staff report for the Historic Preservation Commission and applicant that provides an overview of the project's level of compliance with the City Code, the applicable review criteria set forth herein, requirements of this chapter, comments of appropriate City departments, and other associated jurisdictions and agencies. The staff report shall contain a written recommendation of approval, approval with specific conditions, or disapproval, made to the Historic Preservation Commission.

F.

Historic Preservation Commission Determination. A majority of a quorum of Historic Preservation Commission members present and voting at the public hearing shall be required to recommend approval or denial of the application for a certificate of economic hardship. The Historic Preservation Commission shall make a determination to:

1.

Approve;

2.

Approve with Conditions; or

3.

Deny.

In order to make a determination of approval or approval with conditions for a certificate of economic hardship, the Historic Preservation Commission shall determine that without approval of the proposed work, the property cannot be put to a reasonable beneficial use or the owner cannot obtain a reasonable economic return therefrom, and in either case, shall further find that the hardship was not created with the intent of circumventing the requirements of this chapter. If the Historic Preservation Commission finds otherwise, it shall deny the application for a certificate of economic hardship.

G.

Notice of Determination. The City shall provide written notification to the applicant and all owners of record of the Historic Preservation Commission's decision within seven (7) days of such decision by the Historic Preservation Commission. In the event of denial of an application for a certificate of economic hardship, the City shall notify the applicant in writing of the disapproval and the reasons therefore and shall recommend changes, if any, to the proposed action that may cause the Historic Preservation Commission to approve the application.

H.

Reconsideration of Previously Considered and Denied Applications. Within fifteen (15) days of receipt of the notification of disapproval, the applicant may resubmit an amended application for a certificate of economic hardship that takes into consideration the recommendations of the Historic Preservation Commission to the proposed action that may cause the Historic Preservation Commission to approve such application.

(Ord. No. 20-119, § 1, 12-15-2020)

A.

Matters to be Considered. In making a determination whether to approve or deny an application for a certificate of economic hardship, the Historic Preservation Commission's decision shall consider factors including, but not limited to, the following:

1.

Opinions by the relevant licensed professionals and City Department or Bodies:

a.

Estimates of fair market value of the property in its current condition, after work proposed by the applicant, and completion of work required to approve a certificate of appropriateness;

b.

The cost of the proposed alteration, modification, repair, maintenance, restoration, rehabilitation, renovation, reconstruction, new construction, demolition, removal or other undertaking, and an estimate of any additional cost that would be incurred to comply with the recommendations of the Historic Preservation Commission for changes necessary for the issuance of a certificate of appropriateness;

c.

The structural soundness of any structures on the property and their suitability for rehabilitation, reconstruction, renovation or other undertaking;

d.

The economic feasibility and overall suitability for continued use, rehabilitation, restoration, renovation, or in the case of proposed demolition, the economic feasibility of improvement on the property;

e.

Any and all applicable City Codes and City Plans; and

f.

Development plans under consideration or previously approved by the City.

B.

Evidence to be Considered. An applicant for certificate of economic hardship may submit documentation to demonstrate why a reasonable return cannot be obtained on the property. Evidence including but not limited to following information may be reviewed by the Historic Preservation Commission in order to make a determination on the application:

1.

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).

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

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.

9.

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

10.

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.

(Ord. No. 20-119, § 1, 12-15-2020)

A.

In the case of partial or complete natural destruction or demolition of a landmark or of a building, structure or area within a historic district, the owner of record of the property will be required to obtain a certificate of appropriateness from the Historic Preservation Commission prior to reconstruction, new construction, excavation or other undertaking. Although exact duplication of the previous landmark, building, structure, or area may not be required, the exterior design of the property shall be in harmony with:

1.

The exterior design of the landmark, building, structure, or area prior to damage; and,

2.

The character of the historic district.

(Ord. No. 20-119, § 1, 12-15-2020)

Appeals from a decision by the Historic Preservation Commission or the City shall be made in the same manner as otherwise provided for in Section 17.130—Zoning Hearing Officer.

(Ord. No. 20-119, § 1, 12-15-2020)

A.

Fees. The applicable fees shall be submitted in the same manner as otherwise provided for in Title 4—Fees of the Collinsville Code of Ordinances.

B.

Penalties. The City shall have the authority to secure civil remedies for violations of the regulations of this chapter in the same manner as otherwise provided for in Section 17.140—Violations and Penalties.

(Ord. No. 20-119, § 1, 12-15-2020)