(1)   Described: Overlay districts deal with special situations or accomplish specific city goals that cannot be easily or efficiently addressed through the use of base districts. As the name implies, overlay districts "overlay" applicable base district classifications to alter some or all of the zoning regulations that apply to particular sites. Overlay districts are shown on the map entitled "Map of Historic Districts, Marshall, Illinois" maintained by the city as part of this ordinance.

      (2)   Effect: Overlay district regulations supplement the zoning regulations of the applicable base district. When overlay district standards conflict with the applicable base district standards or other regulations of this ordinance, the regulations of the overlay district always govern. When no special overlay district standards are specified, the base district standards and all other applicable regulations of this ordinance will govern.

      (3)   Designation: A landmark and a historic preservation district are hereby designated an overlay district.

(Ord. No. 10-3, §§ 1, 31, 3-26-10)

The purpose of this article 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 by:

      (1)   Providing a mechanism to identify and preserve the historic and architectural characteristics of Marshall which represents elements of the city's cultural, social, economic, political and architectural history;

      (2)   To promote civic pride in the beauty and noble accomplishments of the past as represented in Marshall's landmarks and historic preservation districts;

      (3)   Stabilizing and improving the economic vitality and value of Marshall's landmarks and historic areas;

      (4)   Protecting and enhancing the attractiveness of the city to have buyers, visitors and shoppers and thereby supporting business, commerce, industry, and providing economic benefit to the city;

      (5)   Fostering and encouraging preservation, restoration of structures, areas, and neighborhoods and thereby preventing future urban blight.

(Ord. No. 10-3, §§ 1, 31, 3-26-10)

Unless specifically defined in this section or elsewhere in this ordinance, words or phrases in this article shall be interpreted giving them the same meanings as they have in common usage and so as to give this article its most reasonable application.

For the purpose of this article, certain terms or words used herein shall be interpreted or defined as follows (and where a word is defined elsewhere in this ordinance, the definition in this section shall be used):

   Addition: Any act or process which changes one (1) or more of the "exterior architectural features" of a structure designated for preservation by adding to, joining with or increasing the size or capacity of the structure.

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

   Area: A specific geographic division of the city.

   Building: 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.

   Certificate of appropriateness: A certificate from the historic preservation commission authorizing plans for alterations, construction, removal or demolition of a landmark or site within a designated historic preservation district.

   City council or council: The city council of the city.

   Commission: The Marshall Historic Preservation Commission.

   Commissioners: Voting members of the Marshall Historic Preservation Commission.

   Construction: 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: Any act or process that destroys in part or in whole a landmark or site within a historic preservation district.

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

   Designated district: A historic preservation district.

   Executive committee: The chairman, vice chairman and secretary of the Marshall Historic Preservation Commission.

   Exterior architectural appearance: The architectural and general composition of the exterior of a structure, including, but not limited to, the kind and the texture of the building material, and the type, design and character of all windows, doors, light fixtures, signs, and appurtenant elements.

   Historic preservation district: Any area designated as a historic preservation district by ordinance of the city council and which may contain, within definable geographic boundaries, one (1) or more landmarks and which may have within its boundaries other properties or structures that, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located within the historic preservation district.

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

   Owner of Record: The person, corporation, or other legal entity listed as owner on the records of the county recorder of deeds.

   Rehabilitation: 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: Any relocation of a structure on its site or to another site.

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

   Structural change: Any change or repair in the supporting members of a building, structure, roof or exterior walls which would alter the building in height, width or bulk.

   Structure: 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 antennas, including supporting towers, swimming pools, satellite dishes, solar panels and wind generation.

(Ord. No. 10-3, §§ 1, 31, 3-26-10)

      (1)   Establishment of historic preservation commission: The Marshall Historic Preservation Commission (herein "historic preservation commission" or "commission") is hereby established. Its functions and duties are set forth in this article.

         (a)   Take minutes of each historic preservation commission meeting;

         (b)   Be responsible for publication and distribution of copies of the minutes, reports and decisions of the historic preservation commission to the members of the historic preservation commission;

         (c)   Give notice as provided herein or by law for all public hearings conducted by the historic preservation commission;

         (d)   Advise the mayor of vacancies on the historic preservation commission and expiring terms of members; and

         (e)   Prepare and submit to the city council a complete record of the proceedings before the historic preservation commission on the any matter requiring city council consideration

      (6)   Meetings: A quorum shall consist of a majority of the members. All decisions or actions of the historic preservation 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. There shall be a minimum of four (4) meetings per year.

No member of the historic preservation 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 historic preservation 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 public meeting of the historic preservation commission, as provided herein. The chairman, and in his or her absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the historic preservation commission shall be open to the public. The historic preservation commission shall keep minutes of its proceedings, showing the vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the historic preservation commission and shall be a public record.

      (7)   Powers and duties: The historic preservation commission shall have the following powers and duties:

         (a)   To adopt its own procedural regulations;

         (b)   To conduct an ongoing survey to identify historically and architecturally significant properties, structures and areas;

         (c)   To investigate and recommend to the city council to adopt procedures to protect properties or structures having special historic, community, or architectural value as landmarks or as historic preservation districts;

         (d)   To investigate and recommend to the city council the adoption of ordinances designating properties or structures having special historic, community or architectural value as landmarks or as historic preservation districts;

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

         (f)   To determine an appropriate system of markers and make recommendations for the design and implementation of specific markings of properties or structures which have special historic, community, or architectural value;

         (g)   To advise property owners within historic preservation 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;

         (h)   To inform and educate the citizens of Marshall concerning the historic and architectural heritage of the city by publishing appropriate maps, newsletters, brochures, and pamphlets, and by holding programs and seminars;

         (i)   To accept and administer on behalf of the city, upon designation by the city council, such gifts, grants and money as may be appropriate for the purpose of this article;

         (j)   To call upon available city staff members as well as other experts for technical advice;

         (k)   To testify before all boards and commissions, including the zoning board of appeals, on any matter affecting historically and architecturally significant properties;

         (l)   To periodically review the city's zoning ordinance and to recommend to the city council any amendments appropriate for the protection and continued use of landmarks or property and structures within historic preservation districts;

         (m)   To hold public hearings and to review applications for construction, alteration, removal, or demolition affecting properties for which preliminary determinations have been approved for historic designation or designated landmarks or structures or historic preservation districts and 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.

         (n)   To develop and recommend to the city council specific guidelines for the alteration, demolition, construction or removal of landmarks or property and structures within historic preservation districts.

         (o)   To review proposed zoning amendments, applications for conditional use permits or variances that affect properties for which a preliminary determination of historic significance has been made or designated landmarks and historic preservation districts. Applications should be forwarded by the city to the commission upon receipt. Such review shall be made prior to the date of the hearing by the zoning commission.

      (8)   Surveys and research: The historic preservation commission shall undertake an ongoing survey and research effort in the city to identify neighborhoods, areas, sites, structures, and objects that have historic, community, architectural, or aesthetic importance, interest, or value. As part of the survey, the historic preservation commission shall review and evaluate any prior surveys and studies by any unit of government or private organization and compile appropriate descriptions, facts and photographs. The historic preservation commission shall identify significant structures based upon the following criteria:

         (a)   Architecturally or historically significant properties in one (1) identifiable neighborhood or district or geographical area of the city;

         (b)   Association with a particular person, event or historical period;

         (c)   Representations of a particular architectural style or school, or of a particular architect, engineer, builder, designer, or craftsman;

         (d)   Such other criteria as may be adopted by the historic preservation commission to assure systematic survey of all significant property within the city.

(Ord. No. 10-3, §§ 1, 31, 3-26-10; Ord. No. 2023-O-06, § 1, 1-9-23)

Any person, group of persons or association, including, but not limited to, the historic preservation commission, may apply to the historic preservation commission for the designation of a landmark for any structure, building or site within the boundaries of the city which may have historic or architectural significance as defined by this article or that a defined geographical area be designated as a historic preservation district as defined by this article. Nominations shall be made to the historic preservation commission on a form provided by the commission and available at city hall. A nonrefundable filing fee may be required. Completed applications shall be submitted to the zoning officer who shall forward them to the commission for its consideration. Persons wishing guidance or advice prior to completing an application may contact the chair of the historic preservation commission. At a minimum, the application for designation shall include the following:

      (1)   For a landmark (see section 17.8(1) concerning alterations, construction removal or demolitions of a proposed landmark from the date the application is submitted until final disposition of the request):

         (a)   The name and address of the owner(s) of record.

         (b)   The legal description and common street address of the property.

         (c)   A written statement describing the property and setting forth reasons in support of the proposed designation.

         (d)   Documentation that the property owner has been notified or consents to the application for designation.

         (e)   A list of significant exterior architectural features in the case of private property, or interior and exterior features in the case of public property, that should be protected.

         (f)   An overall site plan and photographs of the landmark. The plan shall also include a front, side and rear elevation drawing, the photos shall include front, side, and rear elevations and photos showing context (building and surroundings, photos of the site).

      (2)   For a historic preservation district:

         (a)   The name and address of the owner(s) of record.

         (b)   A map delineating the boundaries of the area to be designated.

         (c)   A written statement describing the area and properties within the historic preservation district and setting forth reasons in support of the proposed designation.

         (d)   A list and photographs of significant exterior architectural features of all properties in the district that should be protected.

         (e)   The petition shall contain the signatures of no less than fifty-one (51) percent of the property owners. If the area contains leaseholders with a five (5) year or longer leasehold interest then the petition shall contain no less than fifty-one (51) percent of the property owners and no less than fifty-one (51) percent of such leaseholders.

(Ord. No. 10-3, §§ 1, 31, 3-26-10)

The historic preservation commission shall, upon investigation as it deems necessary, make a preliminary determination as to whether:

      (1)   For a landmark designation: a building, structure, or site possesses the integrity of design, workmanship, materials, location, setting and feeling of a landmark and meets one (1) or more of the following criteria:

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

         (b)   Its identification with a person or persons who significantly contributed to the development of the community, county, state or county;

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

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

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

         (f)   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;

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

      (2)   For a historic preservation district designation: a district meets one (1) or more of the following criteria:

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

         (b)   The district contains a significant number of structures meeting any of the criteria set forth in this subparagraph;

         (c)   The district establishes a sense of time and place unique to the city, and/or;

         (d)   The district exemplifies or reflects the cultural, social, economic, political or architectural history of the nation, the state, or the community.

(Ord. No. 10-3, §§ 1, 31, 3-26-10)

The following procedures should be used for the preliminary determination of the designation of a landmark or the designation of a historic preservation district:

      (1)   The secretary of the commission shall schedule a public hearing, which hearing shall be held within forty-five (45) days after receipt of the application.

      (2)   Notice of the public hearing shall be sent by mail to the owner(s) of record and to the applicant(s) as well as to the adjoining property owners, and a copy thereof shall be published in a newspaper having a general circulation in the city, not less than fifteen (15) days nor more than thirty (30) days prior to the date of the hearing. The notice shall state the date, time, place and purpose of the public hearing as well as the location of the property and shall contain a statement summarizing how the proposed landmark or proposed historic preservation district meets the criteria set forth in this article.

      (3)   During the public hearing, the historic preservation commission shall hear testimony and shall review and evaluate the application according to the criteria established by this article.

      (4)   If at the end of the public hearing the historic preservation commission finds that the application merits further consideration, then the historic preservation commission may reschedule the request until its next scheduled meeting.

      (5)   A decision shall be made within thirty (30) days following the date of the closing of the public hearing or of the rescheduled meeting.

      (6)   The decision by the historic commission whether or not the structure, building or site should be designated a landmark or whether or not the area should be designated a historic preservation district shall be made by resolution passed by a majority of the commission.

      (7)   Following the commission's decision, the secretary of the historic preservation commission shall promptly prepare the historic preservation commission's evaluation, recommendation and all available information for submission to the city council which shall act upon the application within sixty (60) days of receipt of the information from the secretary.

      (8)   The applicant(s) and the owner(s) of record shall be notified promptly by a letter containing the historic preservation commission's decision.

      (9)   A simple majority vote by the city council is necessary for approval of a landmark or historic preservation district designation, unless the historic preservation commission has recommended to deny the application, in which case a seventh-eighths (?) majority vote is necessary. The city council must approve the application by passage of an ordinance adopting the designation. If the city council approves the application for a designation, a notice shall be sent to the applicant(s) and the owner(s) of record, the zoning officer, the city clerk's office, and recorded with the county recorder of deeds that the area has been designated as such. If the city council denies the petition, no petitioner or applicant can re-file or re-apply a petition for the same designation within ninety (90) days of the denial.

      (10)   Buildings designated as historic landmarks and buildings located within the boundaries of a historic preservation district shall be subject to the issuance of a certificate of appropriateness.

(Ord. No. 10-3, §§ 1, 31, 3-26-10)

      (1)   Scope: Buildings designated as landmarks or included within the boundaries of a designated historic preservation district or properties for which a preliminary determination of eligibility has been made shall be subject to issuance of certificates of appropriateness. A certificate of appropriateness shall be required for alteration, construction, removal or demolition of a proposed landmark from the date when the nomination form is presented to the historic preservation commission until the final disposition of the request.

      (2)   Certificate required: A certificate of appropriateness issued by the commission shall be required before a building permit, moving permit, or demolition permit is issued for any designated landmark or any building, structure or site or part thereof in a historic preservation district. A certificate of appropriateness is required if the building, structure or site will be altered, extended, or repaired in such a manner as to produce a major change in the exterior appearance of such building, structure or site. Such major changes include, but are not limited to:

         (a)   Major changes by addition, alteration, maintenance, reconstruction, rehabilitation, renovation or repair.

         (b)   Any new construction and demolition in whole or in part requiring a permit from the city.

         (c)   Moving a building.

         (d)   Any construction, alteration, demolition, or removal affecting a significant exterior architectural feature as specified in the ordinance designating the landmark or historic preservation district.

      (3)   Exemptions from certificate:

         (a)   An exception to the certificate of appropriateness shall be made if the applicant shows to the zoning officer that a failure to grant the permit will cause an imminent threat to life, health or property.

         (b)   A certificate of appropriateness shall not be required for landscaping, fencing, or driveways; provided, that said landscaping, fencing or driveway work or repair does not alter the location of said landscaping, fencing or driveways, and does not result in an alteration of the footprint of the structure, landscape area or fence or driveway location. In the event there is an alteration of the footprint of the landscape area or fence or driveway, then the certificate of appropriateness is required.

      (4)   Application: Applications for a certificate of appropriateness shall be made available at city hall. Such applications shall be completed and submitted to city hall and shall be forwarded to the historic preservation commission. Every application affecting a designated landmark or any building, structure or site or part thereof in a historic preservation district for a demolition permit, a building permit, or a moving permit, including plans and specifications, shall be forwarded by the zoning officer to the historic preservation commission within seven (7) days following receipt of the application by city hall. The application for issuance of a certificate of appropriateness must include:

         (a)   The street address of the property involved.

         (b)   A legal description of the property involved or plat designation (such as is available from the assessor's office or from a tax bill).

         (c)   A brief description of the present improvements situated on the property.

         (d)   A detailed description of the construction, alteration, demolition or use proposed, together with any architect drawings or sketches if those services have been utilized by the applicant, and if not, a sufficient description of the construction, alteration, demolition, and use to enable the commission to determine what final appearance and use of the real estate will be.

         (e)   The owner's name.

         (f)   The applicant's name.

         (g)   The developer's name, if different from the owner.

         (h)   A name of the architect or engineer, if used.

      (5)   Standards: In making a determination whether to approve or deny an application for a certificate of appropriateness, the historic preservation commission shall be guided by the United States Secretary of the Interior's "Standards for Rehabilitation".

The standards are to be applied to specific rehabilitation projects in a reasonable manner, taking into consideration economic and technical feasibility. Said standards being:

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

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

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

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

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

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

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

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

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

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

      (6)   Design guidelines: Design guidelines for applying the criteria for review of certificates of appropriateness shall, at a minimum, consider the following architectural criteria:

         (a)   Height: The height of any proposed alteration or construction should be compatible with the style and character of the landmark or of contributing structures within a designated district and with surrounding structures in a historic preservation district.

         (b)   Proportions of windows and doors: The proportions and relationships between doors and windows should be compatible with the architectural style and character of the landmark or of contributing structures within a designated district.

         (c)   Relationship of building masses and spaces: The relationship of a structure within a historic preservation district to the open space between it and adjoining structures should be compatible.

         (d)   Roof shape: The design of the roof, fascia, and cornice should be compatible with the architectural style and character of the landmark or of contributing structures within a designated district.

         (e)   Scale: The scale of the structure after alteration, construction, or partial demolition should be compatible with its architectural style and character and with surrounding structures in a historic preservation district.

         (f)   Directional expression: Facades in historic preservation districts should blend with other structures with regard to directional expression. Structures in a historic preservation district should be compatible with the dominant horizontal or vertical expression of surrounding structures. The directional expression of a landmark after alteration, construction, or partial demolition should be compatible with its original architectural style and character.

         (g)   Architectural details: Architectural details, including types of materials, colors, and textures, should be treated so as to make the landmark compatible with its original architectural style and character of a landmark or of contributing structures within a designated district.

         (h)   New structures: New structures in a historic preservation district shall be compatible with the architectural styles and design in said district.

      (7)   Issuance of a certificate of appropriateness: Upon approval of the application, the historic preservation commission shall direct the recording secretary to issue the signed certificate of appropriateness to the applicant with copies forwarded to the zoning officer. A certificate of appropriateness shall be invalid if changes in the plans reviewed by the historic preservation commission are necessary in obtaining a building permit or if the building permit issued for the same work becomes invalid. The certificate of appropriateness remains valid for the same period of validity as the building permit.

      (8)   Appeals: In the event of denial of an application for a certificate of appropriateness, the applicant may, within thirty (30) days of the denial, amend the application to accommodate the historic preservation commission objections, apply to the commission for a certificate of economic hardship or appeal the denial to the city council. The city council shall act on said appeal within sixty (60) days. Denials appealed to the city council require a seven-eighths (?) majority vote of the city council members present to overturn a negative recommendation of the historic preservation commission.

(Ord. No. 10-3, §§ 1, 31, 3-26-10)

      (1)   Scope: Notwithstanding any of the provisions of this article to the contrary, 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. Applicants claiming economic hardship shall be required to seek rehabilitation assistance. The eligibility for and availability of financial aid shall be considered by the historic preservation commission in making its decision.

      (2)   Required information: An applicant for a certificate of economic hardship may submit any or all of the following information in order to assist the historic preservation commission in making its determination on the application:

         (a)   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).

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

         (c)   The real estate taxes for the previous two (2) years.

         (d)   The remaining balance on any outstanding mortgage on the property and the annual debt service for the previous two (2) years.

         (e)   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.

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

         (g)   Any consideration by the owner as to profitable adaptive uses for the property.

         (h)   If the property is income producing, the annual gross income from the property for the previous two (2) years, itemized operating and maintenance expenses for the previous two (2) years, and annual cash flow before and after debt service, if any, during the same period; form of ownership or operation of the property, whether sole proprietorship, for profit or not for profit corporation, limited partnership, joint venture or other.

         (i)   Any other information, including 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.

      (3)   Delay of application: If the historic preservation commission finds that without approval of the proposed work, the property owner cannot obtain a reasonable economic return therefrom, then the application shall be delayed for a period not to exceed three (3) months. During this period of delay, the historic preservation commission shall investigate plans and make recommendations to the city council to allow for reasonably beneficial use or a reasonable economic return, or to otherwise preserve the subject property. Such plans and recommendations may include, but are not limited to: a relaxation of the provisions of this article, a reduction in real property taxes, financial assistance, and/or changes in zoning regulations.

      (4)   Issuance or denial of certificate: If, by the end of the three (3) month period, the historic preservation 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 historic preservation commission shall issue a certificate of economic hardship approving the proposed work. If the historic preservation commission finds otherwise, it shall deny the application for a certificate of economic hardship.

      (5)   Appeals: When a certificate of economic hardship is denied for either a landmark or a structure within a historic preservation district, the applicant(s) may, within thirty (30) days of the denial, appeal the historic preservation commission's decision to the city council. The city council may receive comments on the contents of the record, but no new matter may be considered by the city council. The city council shall, within sixty (60) days, affirm the decision or recommend changes by a majority vote of the city council after due consideration of the facts contained in the record submitted to the council by the historic preservation commission. A seven-eighths (?) majority vote of the city council members present is required to overturn a negative recommendation of the historic preservation commission. If the city council decides that a certificate of economic hardship should be issued, the secretary shall notify the applicant and the zoning officer within seven (7) days of the city council's decision, and the zoning officer then shall issue the permit within fifteen (15) days. If the city council concurs with the historic preservation commission's decision not to issue a certificate of economic hardship, the secretary shall notify the applicant and the zoning officer within seven (7) days.

(Ord. No. 10-3, §§ 1, 31, 3-26-10)

In the case of partial or complete natural destruction or demolition of a site within a historic preservation district or of a landmark, the owner will be required to obtain a certificate of appropriateness from the commission prior to reconstruction. Although exact duplication of the previous structure may not be required, the exterior design of the property shall be in harmony with:

      (1)   The exterior design of the structure prior to damage if the structure was partially damaged; and

      (2)   The character of the historic preservation district.

(Ord. No. 10-3, §§ 1, 31, 3-26-10)

The historic preservation commission may establish an appropriate system of processing fees for the review of nominations and certificate of appropriateness. Any person who undertakes or causes an alteration, construction, demolition, or removal of any designated landmark or property within a designated historic preservation district without a certificate of appropriateness shall be fined according to the provision of section 1-5 of the Code. The historic preservation commission may request that the city council institute an appropriate action or proceeding to enjoin, correct or abate any violation of this article.

(Ord. No. 10-3, §§ 1, 31, 3-26-10)