A. Nominations And Regulation Of Demolition During Nomination Review:
1. Nominations:
a. Nominations for landmarks, historic districts, and neighborhood preservation districts shall be made to the preservation commission on a form prepared by it and may be submitted by any person. The city council and/or preservation commission can direct the executive secretary by motion to file an application in its behalf. At a minimum all applications shall contain the following:
(1) A petition in support of the nomination signed by the owners of record of twenty five percent (25%) of the parcels of land located within the boundaries of the proposed designation.
(2) A map delineating the proposed boundaries and a legal description of all property within the boundaries.
(3) A written statement setting forth the reason(s) the property, structure or area is eligible for nomination. The statement shall indicate and substantiate which of the criteria in subsection B of this section are met by the nomination.
2. Regulation Of Demolitions During Nomination Review: Upon receipt by the executive secretary of a properly completed nomination, no building or structure nominated and under consideration to be a landmark or part of a historic district pursuant to subsections A through D of this section shall be demolished without compliance with the following provisions:
a. Written notice of the proposed demolition shall be given to the preservation commission through the executive secretary, and the applicant for the demolition permit shall be notified in writing of the need and procedure for preservation commission review.
b. The preservation commission shall consider the proposed demolition. If the commission has no objection to the demolition the commission chairperson shall promptly notify the building and neighborhood services division. In the event the commission objects or takes no action within sixty (60) days from the date the demolition application was accepted by the building and neighborhood services division, then the building and neighborhood services division shall proceed to issue a demolition permit at the end of the sixty (60) day period if all other applicable city code requirements are met.
c. Provided, however, that when circumstances exists that pose an imminent threat to the health, safety or welfare of the public, the city council may authorize by motion the demolition of property without following the steps in subsections A2a and A2b of this section. Prior to the city council taking action, it shall be provided with a written report from an Illinois licensed structural engineer or architect or the city's building inspector. The report shall describe the condition of the structure and identify factors which may constitute an imminent threat to the health, safety or welfare of the public. When possible, notice of such potential council action shall be sent to the preservation commission members.
B. Preliminary Review:
1. Upon receipt of a properly completed nomination, the nomination and hardship review committee shall make a preliminary determination within forty five (45) days as to whether the nominated property, structure or area meets one or more of the following criteria for designation:
a. Its character, interest or value as part of the development, heritage or cultural characteristics of the community, county, state or country;
b. Its location as a site of a significant local, county, state or national event;
c. Its identification with a person or persons who significantly contributed to the development of the community, county, state or country;
d. Its embodiment of distinguishing characteristics of an architectural and/or landscape style valuable for the study of a period, type, method of construction or use of indigenous materials;
e. Its identification as the work of a master builder, designer, architect or landscape architect whose individual work has influenced the development of the community, county, state or country;
f. Its overall embodiment of elements of design, detailing, materials or craftsmanship which renders it architecturally significant;
g. Its overall embodiment of design elements that make it structurally or architecturally innovative;
h. Its unique location or singular physical characteristic that makes it an established or familiar visual feature;
i. Its character as a particularly fine or unique example of a utilitarian structure or group of such structures, including, but not limited to, farmhouses, gas stations or other commercial structures, with a high level of integrity or architectural significance; and/or
j. Its recognition as a Carbondale neighborhood, commercial area, or public activity center characterized by solid housing or commercial buildings (which are not necessarily significant or homogeneous in architectural design), and whose properties and structures are threatened by deterioration, demolition, or disharmonious alteration.
2. Any structure, property, or area that meets one or more of the above criteria shall also have sufficient integrity of location, design, materials, and workmanship to make it worthy of preservation or restoration. If a nomination is found to meet the above criteria, it shall proceed to the preliminary conference phase with the nomination and hardship review committee. If a nomination does not meet the above criteria, the committee shall deny the application and notify the applicant within seven (7) days of the preliminary determination of the reason(s) for the denial.
C. Preliminary Conference: Within seven (7) days following a preliminary determination that a nomination meets one or more of the criteria in subsection B of this section, the nomination and hardship review committee shall notify the applicant and establish a meeting time between the applicant, and representatives of the property owners within the proposed boundaries, and draft proposed design standards for the designation. The first meeting shall be held within thirty (30) days of the preliminary determination and additional meetings may be required. The design standards shall be based on the design guidelines contained in subsection 15.2.5.3A of this chapter and will provide a guide for evaluating applications for certificates of appropriateness within the designated district. The design standards may be more specific for the proposed designation depending on the character of the properties, structures or areas within the boundaries of the proposed designation.
D. Regulation During Consideration Period:
1. From the date that a petition in support of the nomination and the specific design standards signed by the owners of record of more than twenty five percent (25%) of the parcels of land in a proposed designation area is filed with the executive secretary until the city council acts on the nomination, the provisions of section 15.2.5.4, "Regulation Of Alteration, Construction And Demolition", of this chapter, shall apply as if the property were designated as requested. Provided, however, that the interim regulations shall in no case apply to property within public right of way, or if the applicant withdraws the nomination, or for a period of more than one hundred seventy five (175) days after the petition bearing the required signatures of the owners of record of more than twenty five percent (25%) of the parcels in the designation area is filed.
2. The city council may authorize by formal resolution the alteration, construction, or demolition of property within a proposed designation area when circumstances exist that pose an imminent threat to the health, safety or welfare of the public. Prior to the city council taking action, it shall be provided with a written report from an Illinois licensed structural engineer or architect or the city's building inspector. The report shall describe the condition of the structure and identify factors which may constitute an imminent threat to the health, safety or welfare of the public. When possible, notice of such potential council action shall be sent to the preservation commission members. Whenever possible, measures shall be taken to preserve the architecturally or historically significant features associated with the property.
E. Public Hearing:
1. Within thirty (30) days of the executive secretary validating the petition in support of the nomination and proposed design standards a public hearing shall be scheduled before the preservation commission. Notice shall be given of the time, date, place and purpose of the public hearing, not more than thirty (30) days nor less than fifteen (15) days prior to the date of the hearing by publishing a notice thereof at least once in one or more newspapers in general circulation in the city of Carbondale. The notice shall state the location and legal description of the proposed designation, and a statement summarizing how the proposed designation meets the criteria set forth in subsection B of this section.
2. The executive secretary shall cause a notice to be posted on the subject property according to the procedures specified in section 15.6.7.1 of this title; provided, however, that the notice shall also specify the type of designation being proposed and information as to how to obtain a copy of the proposed design standards for the nomination.
3. The executive secretary shall serve written notice on the applicant and the owners, as appear from authentic tax records of such county, of all property within the boundaries of the proposed designation and within two hundred fifty feet (250') of the proposed designation. The procedures specified in subsection 15.6.7.1C of this title, for notifying adjoining property owners shall be followed; provided, however, that the notice shall also specify the type of designation being proposed including a copy of the proposed design standards for the nomination and a statement summarizing how the proposed designation meets the criteria set forth in subsection B of this section.
4. The executive secretary shall serve written notice by regular mail or by personal delivery on the members of the planning commission at least ten (10) days prior to the preservation commission hearing. Said notice shall contain the same information required above to be provided to property owners.
5. At the hearing the preservation commission shall take testimony from the applicants, the owner(s) and any other interested parties. In addition, the preservation commission shall consider all written comments received by the preservation commission prior to the hearing. The preservation commission may present expert testimony or present its own evidence on the proposed designation. The hearing shall be closed upon completion of all testimony. A record of the proceedings shall be made and retained as a public record. The preservation commission shall review and evaluate all of the available information according to the criteria for designation contained in subsection B of this section. The preservation commission shall make findings of fact on the criteria for designation, the boundaries of the proposed designation and the design standards for the proposed designation.
6. If a petition in opposition to the designation is received prior to the closing of the hearing, signed by the owners of the majority of the parcels in the designation, a sixty five (65) day continuance may be passed by the commission to review the petition and discuss objections. The commission shall take action on the nomination during the continuance period and make a recommendation to the city council.
7. Within thirty (30) days after the public hearing the preservation commission shall make a recommendation on the nomination, unless a petition in opposition is received as stated above. The recommendation shall be submitted to the city council after opportunity is provided for planning commission review as specified below. The recommendation shall include:
a. A statement as to the nomination's compliance with the criteria for designation.
b. The property to be included in the boundaries of the proposed designation. The commission may not expand the boundaries beyond the property described in the application; however, the commission may recommend that property be deleted from the boundaries.
c. The design standards for the proposed designation. The commission may modify the design standards from those proposed at the preliminary conference.
F. Planning Commission Review: If the design standards proposed for the designation would impact general zoning regulations applicable to the district, then the designation shall be reviewed by the planning commission. The development services director, or designee, shall make this ruling. A copy of the minutes of the preservation commission's public hearing and its recommendation and nomination shall be forwarded to the planning commission for its review and comment. Within thirty (30) days of the preservation commission's recommendation action, the planning commission shall commence its review of the proposed nomination at a regular planning commission meeting. Within forty five (45) days, the planning commission shall make a recommendation or comment on the nomination to the city council.
G. City Council Action:
1. Within thirty (30) days after receiving at a city council meeting the recommendation of the preservation commission and the recommendation or comment of the planning commission, if applicable, the city council shall take formal action on the nomination. The city council shall either deny the nomination by resolution or approve the nomination, including the design standards by ordinance. The council may modify the boundaries and design standards for a nomination; however, the boundaries may not include property not included in the application.
2. The executive secretary shall notify by regular mail the applicants and the owner(s) of record of the property in the original application of the city council's action. If a nomination is approved it shall be noted on the official zoning maps on file in the city clerk's office.
H. Amending Or Rescinding Designations:
1. Amending A Designated District's Design Standards:
a. The procedures contained in this subsection shall be followed except that:
(1) The written statement referred to in subsection A1a(3) of this section shall set forth the reasons for the proposed amendments to the design standards rather than the reasons for eligibility.
(2) The preliminary review referred to in subsection B of this section shall be omitted and the application shall be reviewed in a preliminary conference within forty five (45) days of the receipt of a properly completed nomination as set forth in subsection C of this section; provided however, that the conference shall draft revised design standards for the designated district.
(3) The preservation commission's recommendation referred to in subsection E of this section shall be limited to the proposed amendments to the design standards.
(4) Subsection D, "Regulation During Consideration Period", of this section, shall not apply and the existing design standards for the designated district shall remain in effect.
2. Amending A Designated District's Boundaries By The Addition Of Property, Structures Or Area: The procedures contained in this subsection shall be followed except that:
a. The written statement referred to in subsection A1a(3) of this section shall also substantiate that the criteria for designation for the proposed addition is similar to and compatible with the criteria for designation that were found to be present for the designated district.
b. The preliminary review outlined in subsection B of this section shall also include a determination by the committee that the criteria for designation is similar to and compatible with the criteria for designation found to be present for the designated district to which the nomination is applying to be added.
c. The preliminary conference outlined in subsection C of this section shall be omitted and the design standards for the proposed addition shall be identical to the design standards for the designated district to which the nomination is applying to be added throughout the designation procedures. (Ord. 2013-20)
d. The preservation commission's recommendation referred to in subsection E7a of this section shall include a statement as to the nomination's similarity to and compatibility with the criteria for designation found to be present for the designated district to which it is applying to be added. However, subsection E7c of this section shall be omitted because the design standards for the proposed addition shall be identical to the design standards for the designated district to which the nomination is applying to be added.
3. Amending A Designated District's Boundaries By The Deletion Of Property, Structures Or Areas, Or By Rescinding A Designated District: The procedures contained in this subsection shall be followed except that:
a. The written statement referred to in subsection A1a(3) of this section shall set forth the reasons the property, structure or area should be deleted from a designated district or the designated district should be rescinded.
b. The preliminary review outlined in subsection B of this section shall either find that the application does not meet any of the criteria for designation, in which case the committee shall send the application to the commission for final review; or the committee shall find that the nomination does meet the criteria for designation and should therefore be denied.
c. The preservation commission's recommendation referred to in subsection E7a of this section shall include a statement as to the nomination's lack of compliance with the criteria for designation, rather than its compliance. Subsection E7b of this section shall refer to the boundaries to be deleted rather than the boundaries to be included in the designation. Subsection E7c of this section shall be omitted.
d. Subsection D, "Regulation During Consideration Period", of this section, shall not apply. The existing design standards shall remain in effect. (Ord. 2013-31)