CHAPTER 157: HISTORIC PRESERVATION
Section
General Provisions
   157.01   Statement of purpose
   157.02   Recognition of existing historic district and landmarks
   157.03   Definitions
   157.04   Landmark designations
   157.05   Historic district designations
   157.06   Applications for nominations
   157.07   Certificate of appropriateness
   157.08   Certificate of economic hardship
   157.09   Appeals
   157.10   Natural destruction or demolition
   157.11   Effective date
Historic Preservation Commission
   157.25   Composition
   157.26   Qualifications
   157.27   Terms
   157.28   Officers
   157.29   Meetings
   157.30   Powers and duties
   157.31   Surveys and research
 
   157.99   Penalty
GENERAL PROVISIONS
§ 157.01 STATEMENT OF PURPOSE.
   The purpose of this chapter is to promote the protection, enhancement, perpetuation and use of improvements of special character or historical interest or value in the interest of the health, prosperity, safety and welfare of the people of the city by:
   (A)   Providing a mechanism to identify and preserve the historic and architectural characteristics of the city which represents elements of the city’s cultural, social, economic, political and architectural history;
   (B)   To promote 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 the economic vitality and value of the city’s landmarks and historic areas;
   (D)   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; and
   (E)   Fostering and encouraging preservation, restoration of structures, areas and neighborhoods and thereby preventing future urban blight.
(Prior Code, § 158.01) (Ord. 11-144, passed 10-11-2011)
§ 157.02 RECOGNITION OF EXISTING HISTORIC DISTRICT AND LANDMARKS.
   (A)   The area designated as the Old Western Avenue Historic District by ordinance of the city adopted 9-8-1981 as Ord. 2563, as amended, and set forth on the map on file in the office of the City Clerk as Exhibit A (attached to the ordinance codified herein) and incorporated herein by reference, is hereby recognized and reaffirmed as a designated historic district within the city.
   (B)   Those landmark properties designated by individual resolution of the city and set forth on the map on file in the office of the City Clerk as Exhibit B (attached to the ordinance codified herein) and incorporated herein by reference, are hereby recognized and reaffirmed as designated landmarks within the city.
(Prior Code, § 158.02) (Ord. 11-144, passed 10-11-2011)
§ 157.03 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ALTERATION. Any act or process that changes one 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.
   ADDITION. Any act or process which changes one 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.
   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 district.
   CERTIFICATE OF ECONOMIC HARDSHIP. A certificate issued by the Commission authorizing an alteration, construction, removal or demolition even though a certificate of appropriateness has been previously denied.
   COMMISSION. Blue Island Historic Preservation Commission.
   COMMISSIONERS. Voting members of the Blue Island Historic Preservation Commission.
   CONSERVATION RIGHT. A term that includes easements, covenants, deeds restrictions or any other type of less than full fee simple interest that might be used to protect a landmark or historic district.
   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.
   COUNCIL. The City Council of the City of Blue Island.
   DEMOLITION. Any act or process that destroys in part or in whole a landmark or site within a historic district.
   DESIGN GUIDELINE. A standard of appropriated activity that will preserve the historic and architectural character of a structure or area.
   EXTERIOR ARCHITECTURAL APPEARANCE. The architectural and general composition of the exterior of a structure, including, but not limited to the kind, color and the texture of the building material and the type, design and character of all windows, doors, light fixtures, signs and appurtenant elements.
   HISTORIC DISTRICT. An area designated as a historic district by ordinance of the City Council and which may contain within definable geographic boundaries one 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 district.
   IMPROVEMENT. Any visible built feature constituting a physical addition or any part of such addition to a property, including any building, structure, fixture, bridge, work of art, place, parking facility, fence, gate, wall, landscaping or paving.
   LANDMARK. Any property, building, structure, site or area which has been so designated by ordinance of the City Council, pursuant to procedures prescribed herein, that is worthy of rehabilitation, restoration and preservation because it its historic and/or architectural significance to the city.
   LANDSCAPE. The area surrounding a landmark or structure within a historic district. This shall include, but not be limited to, fences, statues, signs, plantings, paving and outbuildings, as well as landforms.
   OWNER OF RECORD. The person, corporation or other legal entity listed as owner on the records of the County Recorder of Deeds.
   PROPERTY. Land and improvements identified as a separate lot for the purposes of the zoning regulations of the city.
   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 an improvement on its site or to another site.
   REPAIR. Any change that does not require a building permit that is not construction, relocation or alteration.
   SITE. The location of an event, activity, building, structure or improvement.
   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.
   STRUCTURAL CHANGE. Any change or repair in the supporting members of a building, structure, roof or exterior walls which would expand the building in the height, width or bulk of the building.
(Prior Code, § 158.03) (Ord. 11-144, passed 10-11-2011)
§ 157.04 LANDMARK DESIGNATIONS.
   (A)   Criteria for landmark designation.
      (1)   Nominations shall be made to the Historic Preservation Commission on a form provided by the Commission.
      (2)   The Commission shall, upon investigation as it deems necessary, make a preliminary determination as to whether a property, structure or area possesses the integrity of design, workmanship, materials, location or setting and meets one 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 nation;
         (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; and
         (g)   Area that has yielded or may be likely to yield, information important in history or prehistory.
      (3)   A preliminary determination as to whether a property, structure or area meets one or more of the foregoing criteria shall be made within 30 days of filing of a nomination with the Commission.
   (B)   Landmark designation procedures. The Building and Zoning Department shall supply, upon request, the application forms. Completed forms shall be submitted to the Community Development Department which shall be forwarded to the Commission for their consideration.
      (1)   Upon receipt of the application, the Secretary of the Commission shall schedule a public hearing, to be held within 45 days after preliminary approval of application.
         (a)   During the public hearing, the Commission shall review and evaluate the application according to the criteria established by this chapter.
         (b)   If the Historic Preservation Commission finds at the time that the application merits further consideration, then the Commission may table the request until its next regularly scheduled meeting.
         (c)   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 Commission until the final disposition of the request.
      (2)   Notice of date, time, place and purpose of the public hearing shall be sent by mail to owner(s) of record and to the nominator(s) as well as to the adjoining property owners, not less than 15, nor more than 30, days prior to the date of the hearing. A public hearing notice also shall be published in a newspaper having general circulation in the city. The notice shall state the location of the property and a statement summarizing how the proposed landmark meets the criteria set forth in division (A)(2) above.
      (3)   Upon notification, any owner or owners of a property who wish to object shall submit to the City Clerk a notarized statement certifying that the party is the sole or partial owner of the property, as appropriate, and objects to the listing.
      (4)   A decision shall be made within 30 days following the date of the closing of the public hearing.
         (a)   Following the public hearing, the Secretary of the Commission shall prepare the Commission’s evaluation, recommendation and all available information for submission to the City Council within 30 days.
         (b)   If the Commission determines that the landmark should be designated, it shall do so by a resolution passed by a majority of the Commission.
         (c)   The owner(s) of record shall be notified within five days by a letter containing information of the Commission’s decision.
         (d)   A simple majority vote by the City Council is necessary for approval of a landmark designation; provided, however, that, if the owner objects to the landmark designation, then the City Council may not designate the property, structure or area as a landmark without a two-thirds majority vote by the City Council. If the City Council approves the application for designation, a notice will be sent to the property owner, the Community Development Department, the Building Commissioner, the City Clerk’s office and recorded with the County Recorder of Deeds that the property has been designated as such and shall be subject to issuance of certificate of appropriateness.
         (e)   If the City Council denies the application, no petitioner or applicant can file for 90 days to the Secretary of the Commission.
(Prior Code, § 158.04) (Ord. 11-144, passed 10-11-2011)
§ 157.05 HISTORIC DISTRICT DESIGNATIONS.
   (A)   Criteria for historic district designation. Nominations shall be made to the Historic Preservation Commission on a form provided by the Commission.
      (1)   The following criteria shall be utilized by the City Historic Preservation Commission in determining the designation of historic districts:
         (a)   The historic district contains one or more landmarks along with such other buildings, places or areas within its definable geographic boundaries which contribute to the overall visual characteristics of the landmark or landmarks located in such district;
         (b)   At least 50% of the structures meet the standards of § 157.04(A)(2) of this chapter;
         (c)   Establishes a sense of time and place unique to the city; and
         (d)   Exemplifies or reflects the cultural, social, economic, political and/or architectural history of the community, county, state or nation.
      (2)   A preliminary determination as to whether a district or an area meets one or more of the foregoing criteria shall be made within 60 days of the filing of a nomination with the Commission.
   (B)   Historic district designation procedure. The Building and Zoning Department shall supply, upon request, the application forms. Completed forms shall be submitted to the Community Development Department which shall forward them to the Commission for its consideration.
      (1)   The application form must be accompanied by a petition signed by no less than 51% of the property owners.
      (2)   Upon receipt of the application, the Secretary of the Commission shall schedule a public hearing to be held within 45 days after preliminary approval of application.
         (a)   During the public hearing, the Commission shall review and evaluate the application according to the criteria established by this chapter.
         (b)   If the Historic Preservation Commission finds at the time that the application merits further consideration, then the Commission may table the request until its next regularly scheduled meeting.
         (c)   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 Commission until the final disposition of the request.
      (3)   Notice of date, time, place and purpose of the public hearing shall be sent by mail to owner(s) of record and to the nominator(s) as well as to the adjoining property owners, not less than 15, nor more than 30, days prior to the date of the hearing. A public hearing notice also shall be published in a newspaper having general circulation in the city. The notice shall state the location of the property and a statement summarizing how the proposed historic district meets the criteria set forth in division (A) above.
      (4)   Upon notification, any owner or owners of a property who wish to object shall submit to the City Clerk a notarized statement certifying that the party is the sole or partial owner of the property, as appropriate, and objects to the listing.
      (5)   A decision shall be made within 30 days following the date of the closing of the public hearing.
         (a)   Following the public hearing, the Secretary of the Commission shall prepare the Commission’s evaluation, recommendation and all available information for submission to the City Council within 30 days.
         (b)   If the Commission determines that the proposed historic district should be designated, it shall do so by a resolution passed by a majority of the Commission.
         (c)   The owner(s) of record shall be notified within five days by a letter containing information of the Commission’s decision.
         (d)   A simple majority vote by the City Council is necessary for approval of a historic preservation designation. If the City Council approves the application for a designation, a notice will be sent to the property owner, the Community Development Department, the Building Commissioner, the City Clerk’s office and recorded with the County Recorder of Deeds that the area has been designated as such and that buildings located within the boundaries of the historic district shall be subject to issuance of a certificate of appropriateness.
         (e)   If the City Council denies the application, no petitioner can file for 90 days to the Secretary of the Commission.
(Prior Code, § 158.05) (Ord. 11-144, passed 10-11-2011)
§ 157.06 APPLICATIONS FOR NOMINATIONS.
   (A)   Any person, group of persons or association, may apply to the City Historic Preservation Commission for the designation of a landmark or historic district.
   (B)   Applications for a nomination shall be filed at the Building and Zoning Department. Persons wishing guidance or advice prior to completing an application may contact the staff of the Historic Preservation Commission. At a minimum, the application shall include the following:
      (1)   For a landmark:
         (a)   The name and address of the property owner;
         (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 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; and
         (g)   Additional documents as requested by the Building Commissioner, Community Development Director or Historic Preservation Commission.
      (2)   For a historic district:
         (a)   The names and addresses of the property owners;
         (b)   A map delineating the boundaries of the area to be designated;
         (c)   A written statement describing the area and properties within the historic district and setting form 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; and
         (e)   Additional documents as requested by the Building Commissioner, Community Development Director or Historic Preservation Commission.
(Prior Code, § 158.06) (Ord. 11-144, passed 10-11-2011)
§ 157.07 CERTIFICATE OF APPROPRIATENESS.
   (A)   General.
      (1)   A certificate of appropriateness issued by the Commission shall be required before a building permit, moving or building permit or demolition permit is issued for any designated historic landmark or any building, structure or site or part thereof in the
historic district. It 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 or structure. 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; and
         (d)   Any construction, alteration, demolition or removal affecting a significant exterior architectural feature as specified in the ordinance designating the landmark or historic district.
      (2)   An exception to the certificate of appropriateness shall be made if the applicant shows to the Commission that a failure to grant the certificate will cause an imminent threat to life, health or property. The Building Commissioner or Fire Chief shall certify that such conditions exist.
   (B)   Application for certificate of appropriateness.
      (1)   Every application for a building permit or demolition permit, including plans and specifications, shall be forwarded by the Building and Zoning Department to the Historic Preservation Commission within 30 days following receipt of the application by the Department.
      (2)   The application for issuance of a certificate of appropriateness must include:
         (a)   Street address of the property involved;
         (b)   Legal description of the property involved;
         (c)   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 anyone to determine what final appearance and use of the real estate will be;
         (e)   Owner’s name;
         (f)   Developer’s name, if different than owner;
         (g)   Architect’s name;
         (h)   Owner’s signature;
         (i)   Survey or site plan;
         (j)   Photographs of existing condition; and
         (k)   Additional documents as requested by the Building Commissioner, Community Development Director or Historic Preservation Commission.
   (C)   Standards for certificate of appropriateness. In making a determination whether to approve or deny an application for a certificate of appropriateness, the City Historic Preservation Commission shall be guided by the Secretary of the Interior’s “Standards for Rehabilitation”, as follows:
      (1)   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 environment;
      (2)   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;
      (3)   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;
      (4)   Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved;
      (5)   Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure, or site shall be treated with sensitivity;
      (6)   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;
      (7)   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;
      (8)   Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken;
      (9)   New additions, exterior alterations or related new construction shall not destroy historic materials mat 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; and
      (10)   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.
   (D)   Design guidelines. Design guidelines for applying the criteria for review of certificates of appropriateness shall at a minimum, consider the following architectural criteria.
      (1)   Height. The height of any proposed alteration or construction should be compatible with the style and character of the landmark and with surrounding structures in a historic district.
      (2)   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.
      (3)   Relationship of building masses and spaces. The relationship of a structure within a historic district to the open space between it and adjoining structures should be compatible.
      (4)   Roof shape. The design of the roof, fascia and cornice should be compatible with the architectural style and character of the landmark.
      (5)   Landscaping. Landscaping should be compatible with the architectural character and appearance of the landmark.
      (6)   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 district.
      (7)   Directional expression. Facades in historic districts should blend with other structures with regard to directional expression. Structures in a historic district should be compatible with the dominant horizontal or vertical expression of surrounding structures. The direction expression of a landmark after alteration, construction, or partial demolition should be compatible with its original architectural style and character.
      (8)   Architectural details. Architectural details including types of materials, colors and textures should be treated so as to make landmark compatible with its original architectural style and character of a landmark or historic district.
      (9)   New structures. New structures in a historic district shall be compatible with the architectural styles and design in said districts.
   (E)   Hearing on application.
      (1)   Applications for a certificate of appropriateness are available from the Building and Zoning Department. Such applications shall be completed and submitted to the Department, which applications shall be forwarded to the City Historic Preservation Commission. The Commission shall schedule a public meeting for consideration of the application within 30 days of receipt of application. A public notice for consideration of the application shall be made not less than 15 days, nor more than 30 days, before the hearing in a newspaper of general circulation published in the city.
      (2)   If the Historic Preservation Commission finds at the time that the application merits further consideration, then the Commission may table the request until its next regularly scheduled meeting.
   (F)   Issuance of a certificate of appropriateness.
      (1)   The City Historic Preservation Commission shall notify the applicants of its decision within five days after the public meeting. Upon approval of the application, the Commission shall direct the Building and Zoning Department to issue signed certificate of appropriateness to the applicant with copies forwarded to the Building Commissioner.
      (2)   A certificate of appropriateness shall be invalid if changes in the plans reviewed by the 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 (one year).
   (G)   Appeals for denial of a certificate of appropriateness.
      (1)   In the event of denial of an application for a certificate of appropriateness, the Commission shall notify the applicant in writing within five days of the disapproval and the reasons therefore and shall recommend changes, if any, in proposed actions that would cause the Commission to reconsider its denial.
      (2)   Within 15 days of receipt of the notification of disapproval, the applicant may resubmit an amended application that takes into consideration the recommendations of the Historic Preservation Commission. The application shall be considered to be withdrawn if no written modification on request for public hearing is received. Within 30 days of receipt of a written modification, the Commission must either issue the certificate of appropriateness or hold a hearing.
   (H)   Findings on appeal.
      (1)   The City Historic Preservation Commission shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the applicant by mailing notice of the hearing, said mailing to be made at least ten days prior to the date of the hearing.
      (2)   Notice of the time and place of such public hearing shall be published not less than 15 days, nor more than 30 days, before the hearing in a newspaper of general circulation published in the city.
      (3)   The Chairperson shall conduct the hearing and the City Historic Preservation Commission and the applicant shall have the right to introduce evidence and cross examine witnesses. A recorded or written transcript of the hearing shall be made and kept.
      (4)   The Commission shall vote, announce its decision, make its recommendation and notify the Building and Zoning Department and the applicant within five days after the conclusion of the public hearing, unless the time is extended by mutual agreement between the Commission and the applicant.
      (5)   In the event of a denial of appeal by the City Historic Preservation Commission, the applicant may appeal the decision to the City Council, whose decision in this matter shall be final subject only to judicial review as provided by law.
(Prior Code, § 158.07) (Ord. 11-144, passed 10-11-2011)
§ 157.08 CERTIFICATE OF ECONOMIC HARDSHIP.
   (A)   Notwithstanding any of the provisions of the ordinance 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.
   (B)   Applicants claiming economic hardship shall be required to apply to the Community Development 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.
   (C)   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; and
      (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.
   (C)   If the Commission finds that without approval of the proposed work, the 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 the ordinance; a reduction in real property taxes; financial assistance; Building Code modifications; and/or changes in zoning regulations.
   (D)   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.
(Prior Code, § 158.08) (Ord. 11-144, passed 10-11-2011)
§ 157.09 APPEALS.
   (A)   When a certificate of appropriateness or a certificate of economic hardship is approved or denied for either a landmark or a structure within a historic district, the applicant or any interested party may, within 30 days, appeal the Commission’s decision to the City Council. The Council may receive comments on the contents of the record, but no new matter may be considered by the Council. The City Council may affirm the decision or recommend changes by a majority vote of the Council after due consideration of the facts contained in the record submitted to the Council by the Commission. The Council may overturn the Commission’s decision by a majority vote of a quorum of the Council. If the Council decides that a certificate of economic hardship should be issued, the Secretary shall notify the applicant and the Building and Zoning Department within seven days of the Council’s decision and the Building and Zoning Department then shall issue the permit within 15 days.
   (B)   If the Council concurs with the Commission’s decision not to issue a certificate of economic hardship, the Secretary shall notify the applicant and the Building and Zoning Department within seven days.
(Prior Code, § 158.09) (Ord. 11-144, passed 10-11-2011)
Loading...