2-6-1
CHAPTER 6
HISTORICAL
COMMISSION
SECTION:
A.
Identifying,
safeguarding, preserving, protecting, conserving, enhancing and encouraging the
continued use and rehabilitation of such areas, districts, places, buildings,
structures, works of art and other objects having a historical, architectural,
aesthetic, ethnic or cultural interest or value to the City;
B.
Fostering and
encouraging preservation, restoration, rehabilitation and rebuilding of area,
districts, places and building, thereby protecting the vitality and the
character of neighborhoods and the community;
C.
Fostering civic
pride in the beauty and accomplishments of the past as represented in the
structures, improvements and areas of historical and architectural significance
within the City and providing the general public with information concerning
preservation;
D.
Reducing, and
eventually eliminating, blight and deterioration, stabilizing and improving the
property values of landmarks and historic districts and promoting economic
development through rehabilitation;
E.
Enhancing the
City’s attractiveness to residents, visitors, tourists, shoppers and
homebuyers, thereby supporting and stimulating local business and commerce;
F.
Performing such
other functions as may be useful or necessary to safeguard and enhance the
City’s historic, aesthetic, architectural, and cultural heritage as embodied in
its structures and places. (Ord. 6215,
11-25-1997)
following terms are defined as follows:
ALTERATION: Any act or process requiring a building permit that changes the exterior architectural
appearance of a building or structure designated for preservation, including
the construction of a fence.
ARCHITECTURAL A. Represents the work
of or is associated with a
SIGNIFICANCE: nationally or locally noted
architect, builder or
architectural firm;
B. Is an example of a particular style (whether local or
typical) in terms of detail; material or workmanship and possesses a high degree
of integrity;
C. Is one of the few remaining examples of a particular
style or use, or is an example which does not clearly represent a major style
and has undergone little or no alteration since its construction;
D. Is one of a contiguous grouping of such, having a
sense of cohesiveness expressed through a similarity of characteristics of a
style, period, or method of construction and accenting the architectural
significance of the area;
E. Possesses the detail, material and workmanship which
can be valued in and of themselves as reflective of or similar to those of the
majority of the other visual elements in the area.
BUFFER ZONE: Any area of land immediately bordering or adjacent to an area, district,
neighborhood or individual property which acts as a buffer between it and a
contrasting neighboring environment.
BUILDING: A structure created to shelter any form of human
activity, including, but not limited to, a house, barn, church, hotel or other
similar structure.
CERTIFICATE OF A certificate from the Commission authorizing
COMPLIANCE: work for alterations, construction, removal or demolition
of an improvement(s) within the Commission’s jurisdiction as defined by this
Chapter.
COMMISSION: The
CONSTRUCTION: The process of adding an addition to a building, including a
porch, or the erection of a new principal building or garage on a lot or
property.
COUNCIL: The
DEMOLITION: The complete or substantial removal or destruction of
any building, excluding a detached garage, shed or storage building.
EXTERIOR The
general architectural character, composition
ARCHITECTURAL and arrangement of the exterior of a
building or
APPEARANCE: structure.
HISTORIC DISTRICT: Any area or collection of buildings which has
been designated a historical district in compliance with the provisions of the
Chapter, or prior to the effective date of this Chapter, has been placed on the
U.S. Secretary of Interior’s National Register of Historic Places, or on the Illinois
Register of Historic Places. Adopted
hereby and incorporated herein as appendices 1A-C are the maps of the following
designated historic districts listed on the National Register of Historic
Places in Alton: a) the Christian Hill
Historic District, b) the Middletown
Historic District and extension thereof, and c) the Upper Alton Historic
District, copies of which maps shall be maintained at the city Clerk’s office
and which shall be available for inspection by the general public.
IMPROVEMENT: Any building, structure, fence, gate, wall, walkway, steps,
parking facility, light fixture, bench, fountain, sign, work of art or other
manmade object constituting a physical betterment of real property.
LANDMARK: Any structure of improvement which has been designated
as a landmark in compliance with the provisions of this Chapter, or prior to
the effective date of this Chapter has been placed on the U.S. Secretary of
Interior’s National Register of Historic Places or the Illinois Register of
Historic Places. Adopted hereby and
incorporated herein as appendix 2 is a list of the structures in
PROPERTY The person(s), corporation, partnerships or other
OWNERS(S): legal entities listed on the property tax record of
STRUCTURE: Anything constructed or erected, the use of which
requires permanent or semi-permanent location on or in the ground. (Ord. 6215, 11-25-1997)
A.
The
B. The members of the commission shall elect
a chair, a vice chair and a
Secretary from among the members of
the commission for a term of
one year. The chair or, in the absence of the chair,
the vice chair shall
preside over the proceedings of the
commission. The secretary shall
take the minutes of all commission
proceedings and all records shall
be open to the public for
inspection.
C. The five
(5) members serving on the
D. The
commission shall periodically report its activities to the city council.
E. Members
shall be deemed automatically to have resigned from the commission upon failing
to attend, by unexcused absences, at least two-thirds (2/3) of all meetings of
the commission held within a one year period.
F. Any
member of the commission having a pecuniary or personal interest in any matter
before the commission shall disclose such interest to the other members and
such interest shall be made a matter of record.
Any member having such an interest shall not be counted in determining a
quorum for the purpose of consideration of the matter, notwithstanding any
prior determination of the presence of a quorum at any meeting. Such a member shall not speak, vote, or use
personal influence in connection with the consideration of such matter. (Ord. 6215, 11-25-1997)
authorized:
A. To
conduct a survey of the city to identify and inventory improvements, structures
and areas that have historic or architectural significance;
B. To
recommend to the city council the designation of landmarks and historic
districts within the city;
C. To keep a
register of all designated landmarks and historic districts;
D. To issue,
modify or deny certificates of compliance for construction or demolition; to
issue with or without suggested revisions certificates of compliance for
alteration;
E. To advise
and assist property owner(s) or prospective owner(s) on technical and financial
aspects of preservation, renovation, and reuse;
F. To adopt
guidelines as may be necessary for review of applications for certificates of
compliance, demolition or construction;
G. To make
recommendations for the recognition of property owner(s) of landmarks or
historic district structures by certificates, plaques, markers or other means
and for determining an appropriate system of markers to aid the public in
visiting landmarks, historic districts or historic sites;
H. To inform
and educate the citizens of
I. To
solicit and receive funds from federal, state and private sources for deposit
in a special account of the city to be referred to as the preservation fund,
which funds shall only be loaned or expended upon recommendation of the
commission for such purposes as are herein set forth; and in the event that
this chapter shall be repealed or the commission shall be dissolved, any
amounts remaining in said Fund shall be applied by the City Council to further
the purposes of the Chapter. If any
amounts remain in said Fund after a period of one year following the
Commission’s dissolution, then such funds may be applied by the City Council
for the purpose of the preservation and
repair of such certificates, plaques, and markers as may have been erected
pursuant to subsection G of this Section.
The City Council shall have and retain final approval of any receipt or
expenditure of funds as recommended by the Commission;
J. To call
upon City officials and employees for technical advice and assistance;
K. To advise
and City department or commission concerning the effects of the division’s or
commission’s proposed action in connection with designated landmarks or
historic districts;
L. To retain
such specialists as may be required, subject to approval of the City Council;
M. To
encourage the establishment of a library of preservation-related documents and
such documents shall be available for public use;
N. To assume
whatever responsibility and duties assigned to it by the State under the
Certified Local Government provision of the National Historic Preservation Act
of 1966, as amended. (Ord. 6215,
11-25-1997)
A. Application: Any member of the Commission, any member of
the City Council, or any other person, organization, or association may request
landmark or historic district designation of structures or improvements located
in the City. The application may be
either by letter to the Commission or on a form provided by the Commission, and
should include or be accompanied by the following:
1. The name and address of the property
owner(s), as shown on the tax assessor’s rolls;
2. The legal description and street address of
the property proposed for designation;
3. A map delineating the boundaries and location
of the property proposed for designation;
4. A written statement describing the property
and setting forth reasons in support of the proposed designation;
5. An indication of whether the property owner
consents to the proposed designation.
B. Preliminary
Review: Upon receipt of an application
for designation, the Commission shall schedule a preliminary review to be held
no later than the next regular meeting of the commission. The Commission shall notify the applicant and
the property owner as to the date, time and place of the meeting. At the meeting, the Commission shall consider
the application and determine whether it merits a public hearing. In making the determination, the Commission
shall consider the following criteria:
1. Landmarks:
a. Whether the property embodies distinguishing
architectural characteristics of a style valuable for the study of a period,
type, method of construction or use of indigenous materials;
b. Whether the property was a site of a
significant local, County, State or national event.
c. Whether the property is identified with a
person who significantly contributed to the development of the community,
County, State or nation;
d. Whether the property is identified as the work
of a master builder, designer, or architect whose individual work has
influenced the development of the community;
e. Whether the property has archaeological
significance to the community, County or State;
f. Whether the property is a particularly
fine or unique example of a utilitarian structure with a high level of
integrity or architectural significance.
2. Historic.
Districts:
a. Any criterion for landmarks listed in
subsections B1a through B1f of this Section;
b. Whether there is a repetition of
distinguishing architectural or land use characteristics through the area; or
c. Whether there is identifiable by clear
and distinctive boundaries including any necessary buffer zone, an area
containing one or more buildings which merit designation as landmarks and which
may also contain within its boundaries such other buildings or structures
which, while not of such historic or architectural significance to be
designated a landmark, nevertheless contribute to the overall visual
characteristics of the landmark or landmarks.
C. Formal
Denial: If the Commission finds that the
application does not merit a public hearing, it shall enter a formal denial of
the application. An application which has
been formally denied may not be reconsidered for a period of one year.
D. Public
Hearing Notice: If the Commission finds
at the time of the preliminary review that an application merits further
consideration, then a public hearing shall be held within forty five (45) days
for review of the application. The
Commission shall notify the applicant and property owner as to the date, time,
place and purpose of the public hearing.
Such notice shall be in writing and shall be sent not less than fifteen
(15) days prior to the date of the hearing by certified mail, properly
addressed as shown on the tax assessor’s rolls and with sufficient postage
affixed thereto. Failure to send such
notice where no address appears on the tax assessor’s roll shall not invalidate
the proceedings of the Commission. The
commission shall also publish a notice in a newspaper of general circulation in
the City, not less than fifteen (15) days and not more than thirty (30) days
prior to the hearing, describing the property proposed for designation, and
setting forth the date, time, place and purpose of the hearing.
E. Public
Hearing Procedure And Appeal: The
applicant and the property owner(s) shall be entitled to speak at the public
hearing and the Commission may accept comments from any other interested
person. The Commission shall review and
evaluate all available information. A
record of the proceedings shall be made and retained as a public record. The Commission shall approve or deny the
requested designation within thirty (30) days after the public hearing. The Commission shall notify the applicant and
property owner(s) of its decision and such decision shall be in writing. A property owner(s) or the applicant may
appeal the Commission’s decision to the City council A written notice of such appeal must be filed
with the City Clerk within fifteen (15) days after the decision of the
Commission. The City council, sitting in
a quasi-judicial capacity, shall review the record and may, in its sole
discretion, allow new r further evidence to be presented, and shall thereafter
decide upon such appeal within two (2) regular meeting after the filing of the
appeal. The City Council may affirm or
deny the Commission’s decision. The City
Clerk shall notify the applicant and property owner(s) of the City Council’s
decision. Failure of the City Council to
timely conduct such a hearing, shall be deemed to be for all intents and
purposes a final and appealable order of affirmation of the decision of the
Commission. The City Council’s decision
shall be deemed a final order subject to judicial review pursuant to the
Administrative Review Act of Illinois.
F. Interim
Control: From the date of the filing of
an application until the date of either a final decision by the Commission
under subsection C of this Section or a final decision by the City Council
under subsection E of this Section, the provisions of subsection E of this
Section shall apply as if the property were designated as requested, provided,
however, that this interim control shall in no case apply for more than one
hundred twenty (120) days after the application is filed. (Ord. 6215, 11-25-1997)
A. A
certificate of compliance shall be required before alteration or demolition,
including any demolition undertaken by the City pursuant to Section
B. The
commission shall consider the standards for rehabilitation as published by the
1. Height: The height of the proposed structure or
additions or alterations should be compatible with surrounding structures.
2. Proportions
Of Openings Into The Facility: The
proportions and relationships between doors and windows should be compatible
with existing structures.
3. Proportions Of Openings Into The
Facility: The proportions and
relationships between doors and windows should be compatible with existing
structures.
4. Relationship
Of Building Masses And Spaces: The
relationship of a structure to the open space between it and adjoining
structures should be compatible.
5. Roof Shapes: The design of the roof should be compatible
with adjoining structures.
6. Scale Of Structure: The scale of the structure should be
compatible with surrounding structures.
7. Directional
Expression Of Front Elevation: Street
facades should blend with other structures with regard to directional
expression. When adjacent structures
have a dominant horizontal or vertical expression, this should be carried over
and reflected.
8. Architectural Details: Architectural details and materials should be
incorporated as necessary to relate the new with the old and to preserve and
enhance the inherent characteristics of that area.
C. Areas
within the Hunterstown Neighborhood Revitalization Plan, as that area is
defined by said plan previously approved by the City shall not be included in
or affected by the provisions of this Chapter, except and unless a designated
landmark is located therein. (Ord. 6215,
11-25-1997)
A. The
Commission shall review any application for a certificate of compliance for
alteration of any landmark or property within a historic district. A certificate of compliance shall issue when the
Commission has approved the application, with or without suggested revisions,
or upon the passage of thirty five (35) days from the date the application was
filed, whichever occurs first. Any
suggested revision shall be advisory only.
An application is required only for alterations that require a building
permit and change the architectural appearance of a building or structure. The commission will provide advice and consultation
to any property owner(s) requesting it for any proposed alteration or repair
whether a building permit is required and whether or not it changes the
architectural appearance of a structure.
B. The
Commission may establish a subcommittee of three (3) of its members, including
its chair, who shall be a voting member, and also including an alternate who
shall serve in the absence or disqualification of a member, to review routine
applications when delay until the next meeting would create an unnecessary
inconvenience to the applicant. The
application may be approved or approved with suggested revisions upon the
affirmative votes of all of the members of the subcommittee eligible to vote. If all of the members eligible to vote do not
vote to approve with suggested revisions, the application shall be considered
at the next regular meeting of the Commission.
C. Nothing
contained herein shall be construed to require any certificate of compliance
for ordinary maintenance or repair which does not alter the exterior
architectural appearance of a building or structure. (Ord. 6215, 11-25-1997)
CONSTRUCTION OR DEMOLITION:
A. The
Commission shall consider any application for a certificate of compliance by
any owner(s) or other party for demolition of any landmark or building within a
historic district, or for construction on a property within a historic
district. The commission shall review
the application at its next scheduled meeting.
Notice of the meeting to consider the application shall be mailed to the
applicant by regular
B. The
Commission shall approve or deny the certificate of compliance within thirty
five (35) days of the application. This
period may be waived in writing by the applicant. The commission shall notify the applicant and
the Supervisor of Building and Zoning of its decision and shall be accompanied
by a certificate of compliance in the case of approval.
C. This
Chapter shall not prohibit the demolition of any building which the Supervisor
of Building and Zoning shall certify as posing an immediate hazard to human
health and safety. (Ord. 6215,
11-25-1997)
If the
Commission has denied issuance of a certificate of compliance, the applicant
may appeal to the City Council. Such
appeal must be filed with the City Clerk within fifteen (15) days after the
decision of the Commission. The City
Council shall consider and decide upon such appeal within two (2) regular
meetings after the filing of the appeal.
The City Council may affirm, reverse or modify the decision consistent
with law, after due consideration of the facts contained in the record
submitted to the City Council by the Commission. Upon a decision by the city Council that a
certificate of compliance shall be issued, the Commission shall notify the
applicant and Supervisor of Building and Zoning. The decision of the City Council shall be
deemed a final order subject to judicial review on motion of the applicant,
pursuant to the Administrative Review Act of the State of
Any
person who causes the alteration or demolition of any landmark or property
within a historic district without complying with the requirements of this
Chapter shall be punished by fine in accordance with the provisions of Section