There are hereby created criteria and procedures for the designation of historic preservation district(s) within the corporate limits of the city. Designation of a historic district is subject to the procedures and guidelines as set forth in this chapter.
(A) Criteria For Historic Preservation Designation: The following criteria shall be utilized by the commission in determining the designation of historic preservation districts:
1. Historical significance;
2. Architectural significance; and
3. Boundaries (clear and distinct demarcations which give the area an identifiable beginning and ending); and
4. Unity (some architectural or land use characteristics that are repeated throughout the area in a manner that distinguishes that area from the rest of the city); and
5. Economic and functional potentials (the economic and functional potentials of the area are to be considered); and
6. Other qualities and characteristics (such other qualities and characteristics as in the judgment of the commission shall be considered for the designation of a historic preservation district).
(B) Procedure For Designation Of A Historic Preservation District:
1. Petition For Designation: Any person, group of persons or association may request the designation of a historic preservation district by submitting to the secretary of the commission a petition for designation. This petition must include the following:
(a) The signatures of the owners of not less than sixty six and two-thirds percent (662/3%) of all tracts located within the boundaries of the proposed district in favor of designation;
(b) A map delineating the proposed boundaries;
(c) A visual presentation of the significant improvements contained in the area proposed for designation;
(d) A written statement of significance setting forth the character of the area and reasons the proposed area should be designated a historic preservation district.
2. Notification; Procedure: Upon the receipt of this petition, the secretary of the historic commission shall:
(a) Notify the commission of the need for a preliminary conference prior to a public hearing. The preliminary conference shall be held at the next regular meeting of the commission; and
(b) Notify the park district, planning and zoning commission and the department of public works of the city to separately review the area under consideration, in a manner they see fit, to assess any current proposals for that area by their respective departments. The reviews shall be sent to the commission prior to the public hearing under subsection (B)4 of this section; and
(c) Notify the building official to post a sign or signs on the premises for which a petition for a historic preservation district is requested not less than ten (10) days before the public hearing called, giving notice of the proposed designation and the time, date and place of the hearing thereof.
3. Preliminary Conference: At a preliminary conference prior to the public hearing, the petitioner(s) and a committee of members of the commission appointed by the chairperson of the commission shall work together to prepare the following information for the public hearing:
(a) All information requested for the original petition in subsection (B)1 of this section.
(b) Maps and photographs of structures, sites or improvements within the designated area including information as to age, condition and use of each.
(c) Design criteria established for said district which will provide a guide for evaluating applications for certificates of appropriateness within the district. These criteria will vary depending on the character of each historic preservation district.
(d) Legal description of the district.
4. Public Hearing: Upon the completion of the preliminary conference, the secretary of the commission shall schedule a public hearing to be held within thirty (30) days from the completion of the preliminary conference, on the question of proposed designation, setting forth a date, time and place and causing written notice to be given to the owners or any person(s) having a legal or equitable interest in said property being proposed for designation (not including people having a leasehold interest). The commission shall cause a legal notice to be published in a newspaper of general circulation in the city setting forth the nature of the hearing, the property involved and the date, time and place of the scheduled meeting. All notices hereunder shall be mailed or published not more than thirty (30) nor less than ten (10) days prior to the public hearing.
5. Review And Evaluation: During the public hearing the commission shall review and evaluate all departmental reviews and the information in this subsection (B) according to the criteria established in subsection (A) of this section.
6. Preparation Of Recommendation: 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.
7. Submission Of Recommendation: At the next regularly scheduled meeting of the city council following the public hearing, the chairperson of the commission shall submit in writing the commission's evaluation, recommendation and all available information to the city clerk.
8. Decision; Reapplication: The corporate authorities may approve all or part of the area requested for designation, make boundary revisions or deny the petition. A simple majority vote by the corporate authorities is necessary for approval of designation. If the corporate authorities approve the petition for designation, a notice will be sent to all property owners in the district, and recorded with the county recorder of deeds. If the corporate authorities deny the petition, no petitioner or applicant can file for ninety (90) days to the secretary of the commission as to the same area.
9. Consideration Period: The consideration period on proposed historic preservation districts(s) shall commence at the submission of the petition to the secretary of the commission and continue until the city council decision. (Ord. 1192, 5-3-1988)