(A)   This chapter shall be known, referred to and cited as "The Historic Preservation Ordinance of the City of Danville," and is adopted under the authority granted in Article VII, Section 6(a) of the 1970 Constitution of Illinois pertaining to the power of home rule unit cities to exercise certain powers to protect public health, safety, morals and welfare.

   (B)   Purpose and scope. The purpose of this chapter is to provide a mechanism whereby landmarks and districts in the city identified as having historical and/or architectural significance may be preserved and enjoyed in a suitable harmonious environment.

      (1)   Such landmarks and districts which embody a sense of time and place unique to the city or which may exemplify or reflect the history of the nation, state or community or which may be representative of the distinguishing characteristics of an architectural type of a period, style, method of construction or of local materials or craftsmanship upon designation shall be protected from alteration.

      (2)   The purpose of this chapter is to promote the educational, cultural, economic and general welfare of the community by:

         (a)   Protecting, enhancing and perpetuating the distinctive historical and/or architectural characteristics of the city, which represent elements of the city's cultural, social, economic, political and architectural history;

         (b)   Fostering civic pride in the beauty and noble accomplishments of the past as represented in the city's landmarks and historic districts;

         (c)   Stabilizing and improving property values of the city's landmarks and historic districts;

         (d)   Protecting and enhancing the city's attractiveness to tourists and visitors and the support of business and industry thereby provided.

(Ord. 7553, passed 12-3-91; Am. Ord. 8254, passed 6-4-02)

   For the purpose of this chapter certain words, phrases and terms shall be construed as set out in this subchapter.

   "ALTERATION." Any act or process which changes one or more of the exterior architectural features of a building or structure designated for preservation.

   "ARCHITECTURAL SIGNIFICANCE." A building, structure, site, object or improvement possesses Historic Significance if it meets any of the following criteria.

      (1)   The building(s); structure(s), site, object(s) or improvement(s) is the work of or associated with a nationally or locally noted architect, builder or architectural firm.

      (2)   The building(s), structure(s), site, object(s) or improvement(s) is an example of a particular style (whether local or typical) in terms of design, detail, material, workmanship and with no or negligible alteration to the original structure.

      (3)   The building(s), structure(s), site, object or improvement is one of the few remaining examples of a particular style, use, or an example which embodies a blend of styles typifying an era, and has undergone little or no alteration since its construction.

      (4)   The building(s), structure(s), site, object(s) or improvement(s) is one of a contiguous grouping of such which have a sense of cohesiveness expressed through a similarity of characteristics of a style, period or method of construction and accenting the architectural significance of the area.

      (5)   The detail, material and workmanship of the building(s), structure(s), site, object(s) or improvement(s) can be valued in and of themselves as reflective of or similar to those of the majority of the other visual elements in the area.

   "BUILDING." A structure created to shelter any form of human activity, such as a house, barn, church, hotel or similar structure. Buildings may refer to a historically related complex of structures and improvements, such as a courthouse and jail or a house and barn.

   "BUILDING INSPECTOR." An inspector or other official designated by the Director of the Department of Development Services.

   "CERTIFICATE OF APPROPRIATENESS." A certificate from the Commission authorizing plans for alterations, construction, removal or demolition of a building, structure, site, object or improvement within its jurisdiction as defined by this chapter.

   "COMMISSION." The Historic Preservation Commission of the City of Danville.

   "COUNCIL." The City Council of the City of Danville.

   "DEMOLITION." Any act or process which destroys in part or in whole a building, structure, site, object or improvement.

   "DEPARTMENT." Danville Department of Development Services.

   "DESIGN CRITERIA." A standard of appropriate activity that will preserve the historical and architectural character of a building, structure, object, site or improvement as approved by the Commission.

   "EXTERIOR ARCHITECTURAL APPEARANCE." Includes the architectural character, general composition and general arrangement of the exterior of a building or structure, including the kind and texture of the building material and the type and character of all windows, doors, light fixtures, signs, improvements and appurtenant fixtures.

   "HISTORIC PRESERVATION DISTRICT." An area designated by the Commission, pursuant to procedures prescribed herein, which may contain within definable geographic boundaries, properties or structures which may or may not be landmarks, which contribute to the overall historic characteristics of the locally designated area. A historic preservation district designated by the state or National Park Service does not automatically constitute a local designation.

   "HISTORIC SIGNIFICANCE."

      (1)   The building(s), structures(s), site, object(s) or improvement(s) has a strong association with the life or activities of a person or persons who have contributed to or participated in the historic events of the nation, state or community.

      (2)   The building(s), structure(s), site, object(s) or improvement(s) is associated with an organization or group (whether formal or informal) that has contributed to or participated in the historic events of the nation, state or community.

      (3)   The building(s), structure(s), site, object(s) or improvement(s) is associated with an antiquated use due to technological or social changes in the nation, state or community such as, but not limited to a blacksmith shop, covered bridge or hitching post.

      (4)   The building(s), structure(s), site, object(s) or improvement(s) is a monument to or a cemetery of historic personages.

      (5)   The building(s), structure(s) site, object(s) or improvement(s) is the location of an event, activity, or occurrence uniquely related to or reminiscent of an action or event of special historic significance.

   "IMPROVEMENT." Any building, structure, object, parking facility, fence, gate, wall, monument, sculpture or other object constituting a physical betterment of real property, or part of such betterment.

   "LANDMARK." Any building(s), structure(s), site, object(s) or improvement(s) which is at least 50 years old, and has special character or special historical and/or architectural interest or value as part of the development, heritage or cultural characteristics of the city, the state, or the nation which has been designated as a local landmark in compliance with the provisions of this chapter. A landmark designated by the state or National Park Service does not automatically constitute a local designation.

   "OBJECT." A material thing of functional, architectural, cultural, historical or scientific value that may be, by nature or design, movable yet related to a specific setting or environment.

   "OWNER." Any person or entity which has a legal or equitable interest in real estate whether or not a structure is located thereon, in the case of a landmark designation, or an historic district designation, including but not limited to: the holder or holders of the fee simple title; the holder or holders of any recorded mortgage; a purchaser or purchasers under a recorded written contract; and any party in possession whose interest is recorded, except a tenant or holder of leasehold interest for a period of less than three years, provided that the holder of a leasehold interest must, under the terms of the recorded lease, be primarily responsible for the financing of exterior improvements as affected by this chapter. For purposes of this definition, the owner of land record title to which is held in any form of trust shall be limited to the trustee or trustees, and legal or equitable interest shall be recorded with the Vermilion County Recorder of Deeds prior to the date a landmark or historic district is nominated in order to be considered valid. For purposes of this definition, the owner of land held in the name of a religious corporation shall be the board of trustees thereof and shall not include the congregation, membership or society constituting such religious corporation.

   "STRUCTURE." A work made up of interdependent and interrelated parts in a definite pattern of organization. Constructed by man, it is often an engineering project large in scale.

(Ord. 7553, passed 12-3-91; Am. Ord. 8031, passed 7-6-99; Am. Ord. 8254, passed 6-4-02; Am. Ord. 9532, passed 2-18-25)

   (A)   Creation and composition of Historic Preservation Commission; organization; quorum; meetings.

      (1)   There is hereby created an Historic Preservation Commission which shall consist of seven members, all of whom shall be residents of the city or own real estate therein, except one member who may reside elsewhere. The members shall be appointed by the Mayor according to the following criteria: National Park Service regulations (36 C.F.R. Part 61). Under National Park Service regulations, all Board members must have a demonstrated competence, interest, or knowledge in historic preservation. A majority of the members must possess an academic degree, comparable training or professional experience needed to perform competently in the position and be respected within the larger historic preservation community. When a vacancy occurs, the Mayor shall appoint a successor according to the above criteria. If after the expiration of 60 days from the date a vacancy occurs, the Mayor is unable to fill the position according to the criteria, the Mayor shall appoint an additional at-large member who need not meet any of the foregoing criteria. The Mayor shall appoint, subject to Council approval, the members of the Historic Preservation Commission for terms of three years. Initial members shall serve staggered terms of two members for three years, two members for two years, and the remaining three members for one year. Members may serve for more than one term. The Director of the Department, or his designee shall serve as an ex-officio member of the Commission and may be asked by the Commission to provide a level of support services as approved by the director and the Mayor.

      (2)   The Commission shall elect from its membership a chairperson and a vice-chairperson who shall serve for terms of one year and who shall be eligible for reelection. The chairperson shall preside over meetings. In the absence of the chairperson, the vice-chairperson shall perform the duties of the chairperson.

      (3)   A quorum shall consist of a majority of the members. All recommendations and decisions shall be made by a majority vote of those members present at any meeting where a quorum exists. Persons on the Commission must attend two-thirds of all meetings scheduled or called within any twelve-month period, or they may be replaced by another person as appointed by the Mayor and approved by the City Council. The Commission shall have the authority to adopt by-laws and other normal operating procedures to guide their activities in a consistent and equitable manner.

      (4)   Meetings shall be held at regularly scheduled times or at the call of the chairperson. Proceedings of each meeting shall be recorded by the Department. Notification of regular monthly meetings shall be the responsibility of a member of the Department. No member shall be eligible to vote upon any matter required by this chapter to be determined after a hearing unless that member has attended the hearing or familiarized him or herself with the record.

   (B)   Powers and duties of the Commission.

      (1)   Local landmark and historic preservation district identification.

         (a)   Standards and criteria for identification of landmarks and historic preservation districts shall be derived from the characteristics of historic significance and/or architectural significance in the building(s), structure(s), site, object(s) or improvement(s) and/or area.

         (b)   The Commission shall conduct, within the corporate limits of the city, a survey from which all buildings, structures, site, objects and improvements shall be classified and designated on the historical and architectural building list to be reviewed by the City Council and made part of a series of official documents. Such buildings, structures, sites objects and improvements shall be divided into three categories, the first two of which are not mutually exclusive:

            1.   Historically significant;

            2.   Architecturally significant;

            3.   Non-contributing, (a building(s), structure(s), site object, or improvement which does not present historic or architectural significance).

         (c)   The Department will be the depository for all maps and reports created by and for the Commission. This historic preservation material shall be available to the public.

         (d)   The Commission shall have the power to retain consultants to advise the Commission. Any contract, which involves an expenditure of city funds, shall be subject to the prior approval of the City Council.

         (e)   The Commission shall work for the continuing education of the city with respect to the historical and architectural heritage of the city and the landmarks and historic preservation districts designated under the provisions of this chapter. It shall keep current and publish a register of landmarks and historic preservation districts.

      (2)   Concerning landmarks:

         (a)   The Commission shall establish a design criteria which shall be applied to locally designated landmarks requesting certificates of appropriateness (see § 160.06(A)(3)(b)). In cases of apparent conflict, said design criteria shall be subordinate to this chapter.

         (b)   The Commission shall keep a register of all buildings, structures, sites, objects and improvements within the corporate limits of the city which have been designated a landmark as set forth by procedures in this chapter. This register will include the information required for each landmark designation and appropriate maps.

         (c)   The Commission shall hold public hearings and make subsequent decisions or recommendations on applications for buildings, structures, sites, objects or improvements to be locally designated as landmarks within the corporate limits of the city. Designation is subject to the guidelines and procedures set forth by this chapter.

         (d)   The Commission shall hold public hearings and make decisions on all matters relating to Certificates of Appropriateness, concerning local landmarks under its jurisdiction subject to the standards set forth in this chapter.

         (e)   The Commission shall act as a resource consultant for owners of designated landmarks. The Commission will keep a current file of architects, historians, preservationists and restoration specialists concerned with historic preservation.

      (3)   Concerning historic preservation districts:

         (a)   The Commission shall hold public hearings and make subsequent decisions on petitions for areas within the corporate limits of the city to be locally designated as historic preservation districts, subject to the guidelines and procedures set forth by this chapter.

         (b)   The Commission shall keep a register of all areas within the corporate limits of the city which have been designated as historic preservation districts as set forth by the guidelines and procedures in this chapter. This register will include all information and reports required for district designation.

         (c)   The Commission shall establish a design criteria for said locally designated district(s) as a guide to evaluate applications for certificates of appropriateness. These criteria may vary depending on the character of each historic preservation district.

         (d)   The Commission, when considering Certificates of Appropriateness in locally designated historic preservation districts, shall:

            1.   Review all applications for Certificates of Appropriateness according to the design criteria for that district; then

            2.   Hold public hearings; and

            3.   Make decisions on all matters relating to the applications for Certificates of Appropriateness subject to the guidelines and procedures set forth in this chapter.

         (e)   The Commission shall assist citizens interested in historic preservation districts by:

            1.   Maintaining a file of available architects, historians, preservationists, restoration specialists, and preservation resources.

            2.   Assisting in the preparation of application for state or federal historic preservation grants.

            3.   Providing information concerning the designation procedure of local historic preservation districts.

            4.   Assisting in the preparation of information necessary for designation.

            5.   Assisting in the preparation of the application for Certificates of Appropriateness.

            6.   Recommending, as deemed appropriate to the city, relevant incentives that could be provided within districts, or to landmarks to encourage private investments in preservation activities.

   Any assistance is subject to the guidelines and procedures set forth by this chapter.

      (4)   The Commission shall have and may exercise the power to accept such gifts, grants and money as may be appropriate for the purposes of this chapter. Such money may be expended for publishing maps and brochures, hiring consultants, and for performing such other functions as are appropriate for the purposes of this chapter.

(Ord. 7553, passed 12-3-91; Am. Ord. 8031, passed 7-6-99; Am. Ord. 8254, passed 6-4-02; Am. Ord. 9094, passed 5-2-17; Am. Ord. 9532, passed 2-18-25)

   (A)   Designation subject to procedures and guidelines in this chapter. There are hereby created criteria and procedures for the designation of landmark(s) within the corporate limits of the city. Designation as a local landmark is subject to the procedures and guidelines as set forth in this chapter. A landmark designated by the state or National Park Service does not automatically constitute a local designation without the below actions undertaken.

   (B)   Criteria for local landmark designation. The following criteria shall be utilized by the Commission in evaluating the nomination to designate a landmark:

      (1)   Historic significance;

      (2)   Architectural significance;

      (3)   Economic and functional potential of the nominated landmark; and

      (4)   Other qualities, characteristics and factors as in the judgment of the Commission are relevant to the nomination.

   (C)   Procedures for designation of landmarks.

      (1)   Nomination for local landmark designation. Any person or persons except members of the Commission may nominate for landmark designation any building(s), structure(s), site, object(s) or improvement(s) within the corporate limits of the city, which has historic or architectural significance and which is at least 50 years old. Nominations for landmark designation shall be made on application forms supplied by the Commission. In addition to other information, the application shall identify the name and last known address of each owner of the real estate on which the building(s), structure(s), site, object(s) or improvement(s) sought to be designated is located. Applications for nomination shall also list any buildings, structures, sites, objects or improvements which share the real property on which the subject of the nomination is found, which are to be exempted from landmark designation; (i.e. a modern garage behind an historic home). In the absence of such listed exemptions, all buildings, structures, sites, objects and improvements will be subject to the landmark standards and provisions found in this chapter. Any member of the Historic Preservation Committee who has a substantial personal or private interest in any nomination must disclose that interest to the Board and recuse themselves from any votes associated with that nomination. Applications for nomination shall be filed with the Department, which shall determine whether the information is complete.

      (2)   Notice to owner(s) and public. Within ten days after a proper application has been filed, the Department shall mail, by certified mail postage prepaid, to each owner identified in the application, a written notice of the following:

         (a)   The date, time and place of the public hearing on the nomination;

         (b)   The date, time and place of the informal conference: and

         (c)   A copy of the application for nomination. In addition, the Commission shall cause to be published in a newspaper of general circulation within the city a legal notice of the date, time and place of the public hearing.

      (3)   Informal conference. If the owner accepts or wishes to discuss the designation, the Commission shall schedule an informal conference with the owner(s) of the building(s), structure(s), site, object(s) or improvement(s) sought to be designated a landmark. The informal conference shall be scheduled at the owner’s convenience but in no case more than 14 days after the date the notice to owner(s) has been mailed. At the conference not more than two members of the Commission shall be present. The Commissioners shall explain to the owner(s) the procedure involved in landmark designation, including without limitation, the right of the owner(s) to consent to or deny such designation, and such other aspects and ramifications of landmark designation as any of the persons present may desire to discuss. The Commissioner(s) shall provide to the owner(s) present copies of the consent and objection forms supplied by the Commission. The informal conference shall not be an open meeting. If any owner to whom notice has been mailed shall fail to appear at the informal conference, the Historic Preservation Commission will consider this a denial of the nomination.

      (4)   Denial of nomination. Any owner of a building(s), structure(s), site, object(s) or improvement(s) nominated to be designated a landmark shall have the right to deny such designation with the Commission. Such denial shall be made through regular communication channels to the Department of Urban Services and shall be not more than ten days after being made aware of the nomination. If an owner denies the proposed designation, the Commission shall notify the applicant not more than ten days after notification of denial.

      (5)   Public hearing. If all owners have filed a written consent to such designation, the Commission shall hold a public hearing of the merits of the nomination. The hearing shall be held not less than 60 and not more than 90 days after the filing of the application. The nomination shall be approved only upon the affirmative vote of a majority of the members of the Commission present at such hearing. If the nomination is not approved the building(s), structure(s), site, object(s) or improvement(s) in question shall not be eligible for subsequent nomination for landmark designation for a period of three years after the date of the public hearing.

      (6)   City Council action. If the Commission has concluded that a nomination for landmark designation should be approved as provided in division (C)(5) above, the findings and conclusion of the Commission shall be taken up by the appropriate committee of the City Council for review and recommendation, at its first regular committee meeting held not less than five days after the determination of the Commission. The committee shall not conduct a new hearing, but may receive written and oral comments from any persons interested in the matter. The committee shall recommend either approval of the nomination or denial of the nomination to the City Council. A tie vote of the committee shall be deemed a recommendation for denial of the nomination. At its regular meeting next following the action of the appropriate committee, the City Council shall consider the findings of the Commission and the recommendation of the committee, and shall act upon the nomination. The Council shall not conduct a new hearing, but may receive written and oral comments from any persons interested in the matter. Upon motion duly made and seconded, the Council shall act on the nomination by a simple majority vote of the entire Council.

   (D)   Procedures for de-designation of a landmark. A decision to designate a landmark may be totally or partially reversed by following the procedures described in division (C) above with the following exceptions:

      (1)   The term "designate" shall mean "de-designate."

      (2)   All applications seeking to de-designate a landmark shall be accompanied by a petition containing the names of 25 individuals that own property in the city.

      (3)   In all cases it shall require an 80% vote of the Commission to recommend such a de-designation.

      (4)   The Council shall make all final decisions relative to this process by simple majority vote of the entire Council.

      (5)   When considering the criteria described in division (B)(1) above, the Commission and the Council shall evaluate the extent to which the primary criteria, cited to support the original designation, have changed over time.

   (E)   Consideration period. The "consideration period" on proposed landmark(s) shall commence at the time of the submission of the application to the department and continue until the final Commission or Council (whichever is applicable) decision. During this period, the building inspector for the city shall impose a moratorium on any construction, alteration, demolition or removal of improvements on the property proposed for landmark designation.

(Ord. 7553, passed 12-3-91; Am. Ord. 8031, passed 7-6-99; Am. Ord. 8254, passed 6-4-02; Am. Ord. 9094, passed 5-2-17; Am. Ord. 9532, passed 2-18-25)

   (A)   Applications for nominations of a proposed Historic District shall be filed with the Department which will determine whether the information provided is complete. The application shall be made to the Commission on a form provided by the Commission. Nominations must be accompanied by a petition signed by 25% of the owners of record within a proposed district. A historic preservation district designated by the state or National Park Service does not automatically constitute a local designation without the below actions undertaken.

   (B)   The Commission shall, after reviewing the necessary information make a preliminary determination as to whether an area meets both of the following criteria. The preliminary determination shall be made within 60 days of the filing of the application for nomination of such area.

      (1)   A significant number of structures meeting any of the standards in § 160.04(B); and

      (2)   An area of sufficient integrity to convey a sense of style and place.

   (C)   Within ten days following a preliminary determination that a proposed historic district meets the criteria in division (B) herein, the Commission shall so notify by mail the owner(s) of record within the proposed area. For this purpose the Commission shall utilize the most recent property ownership records contained in the City's GIS. Any omissions resulting from this notification procedure shall not be cause for rejection of any official decision made under the provisions of this section. The notice shall be accompanied by an owner consent form requesting the property owner(s) to provide written approval or disapproval of the proposed designation. In the case of an historic district, the owner(s) of record of any property in the proposed district shall have one vote on the approval or disapproval of the designation for each property owned in the proposed district. For purposes of this section "property" shall be defined as a distinct parcel of real property which is assigned a separate tax parcel number by the Vermilion County Supervisor of Assessments. Joint or multiple owners of property shall not be entitled to separate votes, but shall jointly receive one vote for each property owned in the proposed district. Failure of an owner of record to return the form with his or her approval or disapproval by the date of the public hearing provided for herein shall be noted as such. Approval of at least 51% of those owners of record who have returned the form by the date of the public hearing shall be required for the historic district to be considered for final designation by the Commission.

   (D)   The Commission shall schedule a public hearing within 30 days following a preliminary determination that a proposed historic district meets the criteria of division (C) above.

      (1)   Notice of the date, time, place and purpose of the public hearing shall be sent by mail to the owner(s) of record and to the nominator(s), as well as to the owners of property adjoining the proposed district, not less than 15 days nor more than 20 days prior to the date of the hearing. A like notice shall also be published in a newspaper having general circulation in the city. The notice shall state the location of a proposed district and a brief statement summarizing how the proposed historic district meets the criteria set forth in division (B) herein. The inspection division of the Department shall also be notified.

      (2)   At the public hearing, the Commission shall take testimony presented by the nominator(s), the owner(s), and any other interested parties who wish to be heard on the application of the criteria for designation enumerated in division (B) herein to the proposed historic district. In addition, the Commission shall consider all written comments received by the Commission prior to the hearing. It shall be the responsibility of the nominator(s) to provide evidence of suitability for historic district status as well as documentation of the evidence.

      (3)   The Commission shall review and evaluate available information according to the applicable criteria set forth in division (B) herein.

   (E)   A decision shall be made within 60 days following the date of the final closing of the public hearing. In this regard the Commission may adjourn the initial hearing for no more than 60 days in an effort to gather more data or to clarify issues important to the designation process.

      (1)   If the Commission decides after the hearing that the proposed historic district should be designated, it shall do so by a resolution passed by a simple majority of the Commission.

      (2)   The Commission's decision shall be in writing and shall be accompanied by a report summarizing the evidence presented at the hearing and explaining the decision.

      (3)   The owner(s) of record shall be notified promptly by a letter containing a copy of the decision.

      (4)   The Department shall send a copy of the resolution and the accompanying report to the City Council.

      (5)   The Department shall send a copy of the resolution to the nominator(s).

      (6)   The Department shall send a copy of the resolution to the city inspection division.

      (7)   The Department shall record the designation with the Vermilion County Recorder of Deeds, unless an appeal is filed in accordance with the procedures contained herein.

      (8)   A decision by the Commission denying historic district designation shall be the final administrative decision. No application relating to the same specific district may be filed during the 12 months following such a denial by the Commission.

   (F)   Procedure for appeal of historic district designation. A decision rendered by the Commission concerning approval of historic district designation may be appealed to the City Council by not less than 25% of the property owners of record in the proposed historic district. Such an appeal must be filed in writing with the City Clerk within 60 days after the Commission's decision concerning historic district designation. If an appeal is not filed within such time, the designation of the Commission shall be the final administrative decision.

      (1)   An appeal shall be considered at the earliest possible City Council meeting. The Council shall act on the appeal by a simple majority vote of the entire Council.

      (2)   If the Commission's decision is reversed, the City Clerk shall provide written notification by mail to the nominator(s) and owner(s) of record of the designated historic district. If reversed by the City Council, a petition may not be resubmitted until the expiration of 12 months from the date of the decision. The inspection division shall also be notified of the City Council's action. If the designation is affirmed, said designation shall be recorded with the office of the Vermilion County Recorder of Deeds and the inspection division shall be notified.

   (G)   A Certificate of Appropriateness shall be required for the alteration, construction, removal or demolition of an improvement located within a proposed historic district from the date when the nomination forms are submitted to the Commission for the purpose of making a preliminary determination that a proposed historic district meets one or more of the criteria outlined in division (B) above until the final disposition of the petition.

   (H)   Designation of a historic district may be amended or completely reversed by following the same procedure and according to the same criteria set forth herein for designation. The exceptions described in § 160.04(D) shall be used as a general guide in considering an application of this nature.

(Ord. 7553, passed 12-3-91; Am. Ord. 8031, passed 7-6-99; Am. Ord. 8254, passed 6-4-02; Am. Ord. 9532, passed 2-18-25)

   (A)   Certificate of Appropriateness.

      (1)   General requirements.

         (a)   A Certificate of Appropriateness issued by the Commission shall be required before a landmark or any building(s), structure(s), site, object(s) or improvement(s) within an historic preservation district is:

            1.   Changed or modified;

            2.   Reconstructed;

            3.   Erected, wholly or in part;

            4.   Moved;

            5.   Demolished, wholly or in part.

         (b)   Exterior paint schemes, storm doors, storm windows, screens, window air conditioners, and similar items are not subject to a Certificate of Appropriateness.

         (c)   No individual, group, organization or city department shall commence such action in division (A)(1)(a)1. through 5., without first obtaining a Certificate of Appropriateness.

         (d)   A Certificate of Appropriateness shall be required for any of the actions listed in section division (A)(1)(a)1. through 5., even when the action does not require a building or demolition permit.

         (e)   No building or demolition permit shall be issued for work on any landmark or within the boundaries of a district unless a Certificate of Appropriateness has been issued for same work.

         (f)   Notwithstanding any other requirement to the contrary, a Certificate of Appropriateness shall be issued if the applicant shows to the Commission that a failure to grant the permit will result in an imminent threat to life, health or property, as verified by the Building Inspector, or that the Certificate of Appropriateness is required to provide accessibility to the handicapped, or if it is required by a court of law.

         (g)   Interior alterations are exempt from these requirements. However, the Commission shall make itself available to advise owners relative to such modifications in an effort to preserve all significant characteristics of the structure.

         (h)   An applicant may request a meeting with the Commission before submitting a formal application and may consult with the Commission during the review of an application.

      (2)   Application.

         (a)   The application for the Certificate of Appropriateness, available from the Building Inspector and returned to same, shall include the following information:

            1.   Street address of property involved;

            2.   Legal description of the property involved;

            3.   Brief description of the existing improvement situated on the property (include pictures if possible);

            4.   Detailed description of the construction, alteration, demolition or use proposed together with any architectural drawings or sketches if these services have been utilized by the applicant; and if not, a sufficient description of the construction, alteration, demolition and use to enable anyone to determine what the final appearance of the real estate will be. If work is to be scheduled over time, provide a written schedule of work activities and estimated completion times including;

               a.   Owner;

               b.   Developer, if different from owner;

               c   Architect, if utilized or retained;

            5.   Each application shall be accompanied by such sketches, drawings, photographs, descriptions or other information as may be reasonably required by the Commission to make a decision.

            6.   The building inspector shall, within five working days, submit copies of the completed application for a Certificate of Appropriateness to the Department.

            7.   The application for a Certificate of Appropriateness shall be reviewed at the next meeting of the Commission following its receipt by the department, but in no case shall this review be more than 35 days after receipt by the Department.

            8.   The Department shall keep a current list of landmarks and historic preservation districts in the city's automated permitting system.

            9.   If any demolition of a landmark is proposed, the Building Inspector shall post a sign on the property notifying the public of the proposed demolition. The sign should be posted no less than seven days prior to the meeting at which time the Commission will review the application for a Certificate of Appropriateness. Absence of such a sign will not affect the outcome of the application process.

      (3)   Criteria for approving a Certificate of Appropriateness for landmarks:

         (a)   The application for a Certificate of Appropriateness shall be reviewed at the next meeting of the Commission following its receipt by the Department as described in division (A)(2)(a)7. above.

         (b)   If the Commission finds that the activity proposed by the applicant:

            1.   Will not adversely affect the exterior significant historical or architectural character cited in the application for landmark designation as called for in § 160.04(B); and

            2.   Is appropriate and consistent with the design criteria established for the landmark as created by § 160.03(B)(2).

   Then the Commission shall issue the Certificate of Appropriateness. The Commission's decision to approve shall be the final administrative decision.

      (4)   Denial of Certificate of Appropriateness for landmarks.

         (a)   If the Commission finds the activity proposed by the applicant as not meeting any of the subheadings in division (A)(3) above, then the Commission shall disapprove the application and so advise the applicant and the Building Inspector in writing of the denial.

         (b)   Following the denial of the Certificate of Appropriateness by the Commission, the Department shall transmit to the owner a letter within five working days, stating changes requested by the Commission before the Certificate of Appropriateness will be issued. The letter will address itself to the appropriate criteria. If the owner agrees to said changes in writing to the Commission, and the Commission is satisfied that the criteria in division (A)(3) above will be met, it shall issue a Certificate of Appropriateness; if not, the Certificate of Appropriateness shall be denied subject to appeal.

         (c)   If an appeal is requested by the owner, in writing, the Commission shall schedule a public hearing within 30 days. A notice shall be sent to all property owners adjoining the proposed landmark, and properly published in a local newspaper at least seven days prior to the hearing. A final decision of the Commission may be appealed to the City Council following procedures outlined in division (A)(9) above.

      (5)   Criteria for Certificate of Appropriateness in historic districts:

         (a)   The application for a Certificate of Appropriateness shall be reviewed at the next meeting of the Commission following its receipt by the Department as described in division (A)(2)(a)7. above, and no less than five days following the postage of the notification of certain property owners by first class U.S. Mail as provided in division (A)(5)(b) above.

         (b)   The Department shall notify all property owners within 250 feet of the property subject in the Application for Certificate of Appropriateness, and the current officers of any Historic District Neighborhood Association, setting forth the question of the application for a Certificate of Appropriateness, the date, time and place of the meeting at which the application will be considered by the Commission. All notices referenced herein shall be posted first-class U.S. Mail.

         (c)   If the Commission finds that the activity proposed by the applicant:

            1.   Will not adversely affect the significant historical or architectural character of the historic preservation district as defined in the original petition for designation, as called for in § 160.05(B); and

            2.   Is appropriate and consistent with the design criteria established for the Historic Preservation District as created by § 160.05(B) and (C);

   Then the Commission shall issue a Certificate of Appropriateness. The Commission decision to approve shall be a final administrative decision.

      (6)   Denial of Certificate of Appropriateness for improvements within historic preservation districts:

         (a)   If the Commission finds the activity proposed by the applicant as not meeting any of the subheadings in division (A)(5)(c) above, the Commission shall disapprove the application and so advise the applicant in writing of the denial.

         (b)   Following the denial of the Certificate of Appropriateness by the Commission, the Department shall transmit to the owner a letter within five working days, stating the changes requested by the Commission before the Certificate of Appropriateness will be issued. The letter will address itself to the appropriate criteria and other points deemed pertinent by the Commission. If the owner agrees to said changes in writing to the Commission and the Commission is satisfied that the criteria in division (A)(5)(c) above will be met, it shall issue a Certificate of Appropriateness; if not, the Certificate of Appropriateness shall be denied subject to appeal.

         (c)   An appeal shall be made according to the procedures described in division (A)(9) below.

      (7)   Demolition or removal of any landmark, or any building, structure, site, object(s) or improvement(s) within an historic preservation district:

         (a)   Demolition or removal procedure. The Department shall notify the Commission of any application for a Certificate of Appropriateness involving the demolition, partial demolition or removal of a significant building(s), structure(s), site, object(s) or improvement(s). The Commission shall schedule a public hearing no less that seven and no more than 15 days following the receipt of the application for a Certificate of Appropriateness with proper notification as provided in division (A)(5)(b) above, through the newspaper and shall notify the applicant in writing. At the hearing, the Commission shall request the following information:

            1.   A report from the Building Inspector on the state of repair and structural stability of the building(s), structure(s), site, object(s) or improvement(s) under consideration;

            2.   Information and graphics on the extent and process of demolition or removal, including information on any proposed changes in landscaping;

            3.   Evidence of any hardship that would result in substantial economic loss to the applicant from denial of the petition;

            4.   An assessment of any alterations in the essential character of the area which would occur as a result of demolition or removal action.

         (b)   Decision of Commission towards demolition or removal. If the Commission's decision is to postpone the demolition or removal, the Commission shall notify the owner in writing. During the period set forth for postponement of the requested action, the Commission shall explore alternatives to demolition or removal. Such alternatives may include consultation with private citizens and other public boards or agencies in an effort to find a persuasive means of preserving the item in question . If the Commission rules that sale of the subject property is considered a feasible alternative to the owner, the building(s), structure(s), site, object(s) or improvement(s) must remain on the open market, dependent on its classification, for the following lengths of time:

            1.   Historically and architecturally significant: six months.

            2.   Non-contributing; no waiting period.

         (c)   Failure to reach agreement. If, after a period not to exceed six months, no alternative agreement has been reached with the applicant, the Commission shall issue a Certificate of Appropriateness for demolition or removal of the structure in question.

         (d)   No less than seven days prior to the Commission's public hearing to review an application for demolition or removal of any structure located within an historic district, the Building Inspector shall post a sign on the property notifying the public of the proposed demolition or removal of the building(s), structure(s), site, object(s) or improvement(s). Absence of the sign will not affect the outcome of the application for a Certificate of Appropriateness.

      (8)   Conditions. In granting the Certificate of Appropriateness, the Commission may recommend conditions necessary to minimize the adverse impact of the requested activity.

      (9)   Appeals. Where the Commission has denied issuance of a Certificate of Appropriateness, the applicant for said Certificate may appeal to the City Council. Such appeal must be filed with the City Clerk within 30 days after the decision of the Commission. The City Council shall hold a public hearing and shall act on said appeal within 30 days of its receipt by a simple majority vote of the entire Council.

      (10)   Certificate of Economic Hardship. Notwithstanding any of the provisions of this chapter to the contrary, the Commission may issue a Certificate of Economic Hardship to allow the performance of work for which a Certificate of Appropriateness has been denied.

         (a)   Applicants claiming economic hardship shall be required to apply to the Department to determine eligibility for rehabilitation assistance. The eligibility for and availability of financial aid shall be considered by the Commission in making its decision.

         (b)   An applicant for a Certificate of Economic Hardship may submit any or all of the following information in order to assist the Commission in making its determination on the application:

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

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

            3.   Real estate taxes for the previous two years.

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

            5.   All appraisals obtained within the previous two years by the owner or applicant in connection with this 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 owner as to profitable adaptive uses for the property.

            8.   If the property is income producing, the annual gross income from the property for the previous two years, itemized operating and maintenance expenses for the previous two 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, including the income tax bracket of the owner, applicant or principal investors in the property, reasonably necessary for a determination as to whether the property can be reasonably used or yield a reasonable return to present or future owners.

            (11)   If the Commission finds that without approval of the proposed work, the owner of the subject property cannot obtain a reasonable economic return therefrom, then the application shall be delayed for a period not to exceed three months. During this period of delay, the Commission shall investigate plans and make recommendations to the City Council to allow for a reasonably beneficial use or a reasonable economic return, or to otherwise preserve the subject property. Such plans and recommendations may include, but not be limited to: a relaxation of the provisions of this chapter, financial assistance, building code modifications and/or changes in zoning regulations.

            (12)   If by the end of this three month period, the Commission has found 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, then the Commission shall issue a Certificate of Economic Hardship approving the proposed work. If the Commission finds otherwise, it shall deny the application for a Certificate of Economic Hardship.

            (13)   Appeals. Where the Commission has denied issuance of a Certificate of Economic Hardship, the applicant for said certificate may appeal to the City Council. Such appeal must be filed with the City Clerk within 30 days after the decision of the Commission. The City Council shall hold a public hearing and shall vote on said appeal within 30 days of its receipt by a simple majority vote of the entire Council.

(Ord. 7553, passed 12-3-91; Am. Ord. 8031, passed 7-6-99; Am. Ord. 8254, passed 6-4-02)

   In addition to the penalty provided in § 160.99, the city may bring an appropriate action in the circuit court to enjoin any action undertaken by any person in violation of this chapter and to restore any property to its condition prior to such unauthorized action.

(Ord. 7553, passed 12-3-91; Am. Ord. 8031, passed 7-6-99; Am. Ord. 8254, passed 6-4-02)

   Nothing herein is to be construed as repealing any requirement relating to the proper wiring, plumbing and construction of any building or structure, all work to be in conformity with the building codes and ordinances of the city and relevant state and federal laws and regulations in effect or as provided by ordinance. If such a permit would otherwise be required, an application for a building or demolition permit shall be submitted in conjunction with the application for a Certificate of Appropriateness. In all zoning districts lying within the boundaries of a historic preservation district, the regulations for both the zoning district and the Historic Preservation Chapter shall apply. Whenever there is a conflict between the regulations of the zoning district and the regulations of this chapter, the more restrictive shall apply. The Director of the Department shall provide an administrative ruling to settle any conflict.

(Ord. 7553, passed 12-3-91; Am. Ord. 8031, passed 7-6-99; Am. Ord. 8254, passed 6-4-02)

   Any property owner or contractor who fails to perform any act required herein or performs any act prohibited herein shall be fined, upon conviction, not less than $250 or not more than $500 for each offense. Property owners will have a 30-day correction period to show proof of effort toward correcting the violation. Every day such violation exists shall constitute a separate violation and a separate offense.

(Ord. 8031, passed 7-6-99; Am. Ord. 8254, passed 6-4-02; Am. Ord. 9094, passed 5-2-17)

(TO VIEW FLOW CHART SEE PRINTED CODE AVAILABLE IN THE CLERK'S OFFICE)

(Res. 90-93, passed 7-3-90)

(TO VIEW FLOW CHART SEE PRINTED CODE AVAILABLE IN THE CLERK'S OFFICE)

(Res. 90-93, passed 7-3-90)

(TO VIEW FLOW CHART SEE PRINTED CODE AVAILABLE IN THE CLERK'S OFFICE)

(Res. 90-93, passed 7-3-90)

(TO VIEW FLOW CHART SEE PRINTED CODE AVAILABLE IN THE CLERK'S OFFICE)

(Res. 90-93, passed 7-3-90)

(TO VIEW FLOW CHART SEE PRINTED CODE AVAILABLE IN THE CLERK'S OFFICE)

(Res. 90-93, passed 7-3-90)