(A) Purpose.
(1) The regulations contained herein are adopted pursuant to the 65 ILCS 5/11-13-1, to ensure and facilitate the preservation of sites, areas, buildings, structures, landscaping, woods and other natural terrain features, and the character of surrounding areas which are individually and/or collectively of special historical, architectural, aesthetic, cultural and/or ecological significance to the city and its citizens, and are desirable in order to maintain the value of property within the city and the distinct urban ambiance that characterizes the city as a unique community in the United States. Because of the collective significance of the properties within the district, special use permits, demolition of structures and subdivisions of land within the district are of special concern to the city and its citizens, thereby necessitating special standards and procedures for review and approval. To be eligible for approval under this section, proposed uses, actions and developments must comply with all provisions of this section and be compatible with the character of the city ambiance of the Historic Residential and Open Space Preservation District.
(2) It is a further purpose of this section to preserve the architecturally significant homes and estate properties concentrated in the city, and rarely found elsewhere in this state or the Midwest, because such homes and properties comprise an irreplaceable historic resource embodying high standards of architectural design and craftsmanship that represent a significant period of residential development, which is important and rare in American history and whose continued existence is desirable in order to maintain the distinct urban ambiance that characterizes the city as a unique community in the United States; provided that such preservation can be accomplished without any material adverse effect upon the particular property involved.
(3) It is also the purpose of this section to protect those areas or portions of property identified on the historic residential and open space preservation map as significant parts of the landscape heritage of the city, such as wetlands, floodplains, poor soils, woodlands, meadows, prairies, savannas, environmentally sensitive and/or significant open space, from increasing development pressures while being sensitive to the rights of individual property owners to develop their properties in accordance with the rules and regulations as set forth by city standards. Innovative design and site planning solutions are encouraged when contemplating development to achieve the purposes of this section. It is not the primary intent of this section to allow density transfers, thus preserving large areas of open space, for properties that would not otherwise be buildable, such as those areas listed above in this division (A)(3).
(B) Designation and definition of the Historic Residential and Open Space Preservation District and general provisions.
(1) A Historic Residential and Open Space Preservation District is hereby created as a special district which is to function as a secondary zoning district superimposed on the existing zoning districts contained in the official map of the city.
(2) The Historic Residential and Open Space Preservation District which may comprise separate and distinct areas shall be labeled on the district map of the city the Historic Residential and Open Space Preservation District, as provided in § 159.066. The locations and boundaries of the district shall be as set forth on said district map, as amended from time to time by the City Council.
(3) The City Council may, from time to time, add to or delete from the Historic Residential and Open Space Preservation District.
(4) In revising the boundaries of the district and in the Historic Residential and Open Space Preservation District map, the following criteria shall be considered:
(a) The historic, architectural, aesthetic and/or cultural significance or value of any area, site, building, structure and/or landscaping, streetscape, road frontage, vistas or terrain feature, either individually or in relation to each other or to natural or physical boundaries;
(b) The visual, geographic and density relationship of any such site, building, structure or feature to its surrounding area;
(c) The age, history, architectural or historical style or period, construction, craftsmanship, uniqueness, ecological value, topographical significance or irreplaceability of any such building, structure or feature, considered individually or collectively;
(d) The designation by governmental bodies of any area, site, building, structure or feature, having any historic, architectural, aesthetic, ecological and/or cultural significance or value to the community;
(e) The establishment of naturally definable boundaries and buffer areas necessary to prevent encroachment of uses, development or other influences potentially adverse to the preservation purpose of this section; and
(f) Natural features on the site deemed worthy of preservation in accordance with standards set forth in the environmental plan and open space plan for the preservation of streams, floodway and floodplain areas, wetlands, woodlands, savannas, prairie, bluffs and ravines.
(5) All property and structures contained within the Historic Residential and Open Space Preservation District are collectively significant and are hereby declared to be of a special historic, architectural, cultural, ecological and/or aesthetic significance to the city by their very inclusion since each individually contributes to the ambiance existing within the District which is an irreplaceable resource.
(C) Applications requiring special review.
(1) Applications. Applications for any of the following actions within the Historic Residential and Open Space Preservation District are subject to this division (C) and the division (D) below and the submission and approval requirements designated:
(a) Application for subdivision of any land; or
(b) Application for a special use permit as permitted according to the underlying zoning. Any application for a permit for the demolition of any structure within the Historic Residential and Open Space Reservation District is subject to the provisions of § 150.148(E) of this city code.
(2) Special use permit required for subdivision. All applications for subdivision of land within the District shall be considered as a special use permit application, pursuant to this code, and be processed as a planned preservation subdivision in accordance with the rules and procedures contained in §§ 159.045 and 159.047, provided, however, that:
(a) Section 159.045(G)(2) shall not apply to planned preservation subdivisions considered under this section;
(b) No minimum acreage shall be required for a subdivision to be considered as a planned preservation subdivision;
(c) The underlying zoning of the subject property shall govern the number of lots permitted within any subdivision approved under this section, provided that the area of any street, road or access easement, on or across such property, shall be excluded, as in the conventional subdivision process;
(d) The size of lots in such subdivisions shall be determined based upon the purposes of this section. The lot area on which an existing structure is to be located may be required to be greater than the minimum allowed in order to preserve its aesthetic or environmental relationship to surrounding properties and or to significant accessory structures, gardens, landscaped areas and natural terrain features of the property or adjacent structures and property. Similarly, the areas of the remaining lots may individually be required to be greater or smaller that the minimum lot size allowed under the existing zoning classification for the purpose of protecting significant structural, architectural or environmental features on the property or adjacent properties, provided that no more than the number of lots calculated in division (C)(2)(c) above, shall be permitted; and
(e) The city may approve a “conventional subdivision” plan in lieu of a planned preservation subdivision if it finds that such subdivision more fully and appropriately meets the intent and purpose of this section.
(3) All other special use permits in district. Special use permits allowed in the underlying zoning shall be processed in accordance with the rules and procedures contained in § 159.045, in addition to any requirements and/or criteria in this section which may be more restrictive.
(D) Review criteria.
(1) Review requirements. Any property within the Historic Residential and Open Space Preservation District may be subdivided and/or used for any special use that is permitted under the underlying zoning upon approval of the City Council, after the review and consideration by the Plan Commission of the appropriateness of any such subdivision or special use, based on the criteria established in this section and in other applicable sections of the city code.
(2) Submission documents required. The following information shall be filed with the Administrative Officer together with any other documentation requested by the Plan Commission or City Manager unless waived in whole or in part by the City Manager. The developer shall bear all costs associated with providing these items:
(a) A full statement of reasons and purposes for which the application is made, a description of the action proposed to be taken and the manner and timing in which it is to be implemented, if approved;
(b) An inventory of features or elements worthy of preservation on the subject property may be required and, if required, shall include any features or elements having any historical, architectural, aesthetic, cultural and/or ecological value such as the main house, formal gardens, outbuildings, walls, reflecting pools or fountains, wetlands, floodplains, woodlands and other such similar creatures or elements;
(c) An assessment of the subject property by a qualified specialist(s) demonstrating whether adjoining ecosystems may be adversely affected. The developer shall provide to the city a detailed listing of the professional qualifications of all specialists to be used along with any other information deemed necessary; and
(d) All other information required for the review of conventional development pursuant to applicable city requirements.
(3) Determining appropriateness. In considering the appropriateness of an application under this section, findings must be made, in addition to the findings required in other applicable sections of the city code, that the application would not:
(a) Adversely affect the subject property and/or any structure. Adversely affect the residential value, use or character of the property or structure nor deprive the structure or grounds of size, configuration and relative proportions necessary to preserve the integrity, value and character of the structure and to maintain its relationship with its surroundings;
(b) Adversely affect other property or structures. Be significantly detrimental to the residential value, character or use of any sites, streets or areas within the Historic Residential and Open Space Preservation District visually related to or surrounding the site or structure which is the subject of the special use permit; and/or
(c) Materially damage, destroy, change or neglect.
1. Materially damage, destroy, change or neglect:
a. Those primary elements or features of a structure which enhance such structure’s residential value, use or character; or
b. Any other significant elements or features of the property that contribute to the ambiance of the Historic Residential and Open Space Preservation District.
2. If such damage, destruction, change or neglect was effected in anticipation of said submission, or while said submission is under review, so as to avoid the requirements of this section, the application shall be construed by the Plan Commission and the City Council as proposing such damage, destruction, change or neglect just as though it had not occurred. Further, the Plan Commission and the City Council may require repair, renovation, restoration or reconstruction of any damaged, destroyed or changed matter at the expense of the owner of and/or applicant for such property, if the city finds that said matter is a material element of the property in question and is necessary to meet the purpose of this section.
(E) Variations. Under special or unusual circumstances the City Council may grant variations to this section, or any other city codes, that are found to be consistent with the purposes of this section and necessary to meet or fully realize said purposes provided that the underlying density is maintained and that new structures shall be in accordance with the existing zoning; provided, that the Construction Codes Commission shall consider any variances to the construction codes of the city pursuant to Chapter 150 of the city code.
(F) Open space preservation, regulation and maintenance.
(1) Any planned preservation subdivision open space shall be common open space for the enjoyment or benefit of all residents. Each building site need not abut common open space; however, convenient access through permanent easement must be provided and perpetually guaranteed to all building sites not abutting common open space.
(2) Common open space areas may be devoted to the following purposes, provided, however, that all such facilities have been approved by the City Council as part of a detailed landscape and amenities plan:
(a) Natural areas, consisting of existing or restored native vegetation, such as floodplains, woodlands, wetlands, savannas, prairies, ravines and bluffs and/or landscape areas, including landscaped berms;
(b) Active or passive recreational facilities or amenities; and
(c) Farming and agricultural uses, such as pastures, meadows and crop fields, consistent with the permitted uses as set forth by the underlying zoning district.
(3) Common open space shall not be subject to further subdivision.
(4) It is encouraged that property located adjacent to existing open space, during the design of any development, attempt to align all proposed open space with existing open space.
(5) All or part of a common open space area may be required to be dedicated to the city and operated as a city recreational or educational facility, a stormwater detention facility or for other appropriate public purposes.
(6) The required subdivision plat shall contain the appropriate notations and clauses reflecting dedications, easements, reservations, regulations and requirements concerning ownership and responsibility for common space areas and facilities.
(7) When property is identified on the Historic Residential and Open Space Preservation District map as having wetlands, mature woodlands, significant road frontage or streetscape and/or other similar features, the use of conservation easement, variations in lot sizes and set backs above or below the minimums required by the District, may be encouraged to help achieve the purposes of this section.
(G) Miscellaneous. Unless otherwise provided by this section, the provisions set forth in the Building Code, Zoning Code, the subdivision regulations and the regulations and policies of the city, shall be fully applicable.
(Prior Code, § 46-27) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991)