HomeMy WebLinkAboutOrdinance #1192„s"s
ORDINANCE NO. 1192
AN ORDINANCE AMENDING TITLE 2 OF THE CANTON MUNICIPAL
CODE BY ADDING THERETO THE FOLLOWING CHAPTER 9
WHEREAS, the General Assembly of Illinois, in Chapter 24,
Section 11-48.2-1 et. seq. of the Illinois Municipal Code, has
granted power to municipalities to provide for the official
designation by ordinance of areas having a special historical,
community, or esthetic interest or value; and in connection with
such areas so designated by ordinance, whether owned or controlled
privately or by any public body, to provide special conditions, to
impose regulations governing construction, alterations, demolition
or use, and to adopt other additional measures appropriate for
their preservation, protection, enhancement, rehabilitation,
reconstruction, perpetuation or use; and,
WHEREAS, the Canton City Council considers it necessary and in
the best interest of the City of Canton to invoke the foregoing
statutory authority as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CANTON, ILLINOIS:
1. That the Canton City Council hereby finds the foregoing
recitals to be fact.
2. That Title 2 of the Canton Municipal Code is hereby
amended by adding thereto Chapter 9 to read as follows:
"CHAPTER 9
HISTORICAL PRESERVATION COMMITTEE
2-9-1: Title. This ordinance shall be known, referred to and
cited as "The Historic Preservation Ordinance of the
City of Canton."
2-9-2: Purpose and Scope. The purpose of this ordinance is to
provide a mechanism whereby landmarks and districts in
the City of Canton identified as having historical
and/or architectural significance may be identified and
enjoyed in a suitable harmonious environment through
voluntary compliance; and, to promote the educational,
cultural, economic and general welfare of the community
by:
(a) Protecting, enhancing and perpetuating the
distinctive historical and/or architectural
characteristics of Canton, which represents
elements of the City's cultural, social, economic,
political and architectural history:
(b) fostering civic pride in the beauty and noble
accomplishments of the past as represented in
Canton landmarks and historic districts:
(c) Stabilizing and improving property values of
Canton's landmartis and historic districts:
2-9-3:
(d) Protecting and enhancing the city's attractiveness
to tourists and visitors and the support of
business and industry thereby provided.
Definitions. For the purpose of this ordinance,
certain words, phrases and terms shall be construed as
set out in this article.
Alteration: Any act or process which changes one or
more of the exterior architectural features of a
building or structure designated for voluntary
preservation.
Architectural significance:
(a) The building(s) or structure(s) is the work of or
associated with a nationally or locally noted
architect, builder or architectural firm.
(b) The building(s) or structure(s) is an example of a
particular style (whether local or typical) in
terms of detail, material, workmanship, and with no
negligible alteration to the original structure.
(c) The building(s) or structure(s) is one of the few
remaining examples of a particular style, use or an
example which does not clearly represent a major
style and has undergone little or no alteration
since its construction.
(d) The building(s) or structure(s) is one of a
contiguous grouping of such which have 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) The detail, material and workmanship can be valued
in of themselves as reflective of or similar to
those of the majority of the other visual elements
in the area.
Building: Is a structure created to shelter any form
of human activity such as a house, barn, church, hotel
or similar structure. Building may refer to a
historically related complex such as a courthouse and
jail or a house and barn.
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Certificate of appropriateness; A certificate frorn the
commission approving plans for alterations,
construction, removal or demolition of an
improvement(s) within its jurisdiction as defined by
the ordinance.
Commission: Canton Historical Preservation And
Development Commission.
Council: The City council of the City of Canton,
Illinois.
Demolition: Any act or process which destroys in part
or in whole a building, structure or object.
Design criteria: A standard of appropriate activity
that will preserve the historical and architectural
character of the building, structure, object or area.
Exterior architectural appearance: Includes the
architectural character, general compsotion and general
arrangement of the exterior of a building or structure,
including the kind and texture of the building material
and the type and character of all windows, doors, light
fixtures, signs and appurtenant elements visible from
public streets and throughfares.
Historic preservation district: Any area which:
(a) Contains improvements which:
(1) have a significant historical and/or
architectural character; and
(2) constitute a distinct section of the city; and
(b) Has been designated a historic preservation
district in compliance with the provisions of this
ordinance.
Historical significance:
(a) The building(s) has a strong association
with the life or activities of a person or persons
who have significantly contributed to or
participated in the historic events of the nation,
state or community.
(b) The building(s) and/or structure(s) is associated
with an organization or group (whether formal or
informal) from which they have significantly
contributed to or participated in the historic
events of the nation, state or community.
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(c) The building(s) or structure(s) or object(s) is
associated with an antiquated use due to
technological or social changes in the nation,
state or community such as but not limited to a
blacksmith shop, covered bridge and hitching post.
(d) The object(s) is a monument to or a cemetary of
historic personages.
Improvement: Any building, structure, object, par:cing
facility, fence, gate, wall, work of art or other
object constituting a physical betterment of real
property, or part of such betterment.
Landmar:c: Any improvement which has special character
or-spec al historical and/or architectural interest or
value as part of the development, heritage or cultural
characteristics of the City of Canton, State of
Illinois or the nation which has been designated as a
landmark in compliance with the provisions of this
ordinance.
Object: A material thing of functional, architectural,
cultural, historical or scientific value that may be,
by nature or design, movable yet related to a specific
setting or environment.
Structure: A work made up of interdependent and
interrelated parts in a definite pattern of
organization. Constructed by man, it is often an
engineering project large in scale.
2-9-4: Creation and Composition of Historical Commission:
[Organization; Quorum; Meetings].
(a) There is hereby created an historical preservation
commission which shall consist of twelve (12)
voting members and any number of advisory members,
all of whom shall be residents of the City of
Canton or own real estate therein. The mayor
shall appoint, subject to council approval, the
members of the historic commission for terms of
two (2) years. Members may serve for more than
one (1) term.
(b) The commission shall elect from its membership a
chairperson and a vice-chairperson who shall serve
for terms of one (1) year and who shall be
eligible for reelection. The chairperson shall
preside over meetings. In the absence of the
chairperson, the vice-chairperson shall perform
the duties of the chairperson.
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(c) A quorum shall consist of a majority of the voting
memb~rshin. all recommendations to the cit1
council shall be made by a majority vote of those
members present at any meeting where a quorum
exists.
2-9-5:
(d) Meetings shall be held at regularly scheduled
times in the City of Canton or at the call of the
chairperson. Proceedings of each meeting shall be
recorded by the secretary of the commission who
shall be appointed by the chairperson of the
commission with the approval of the commission.
Powers and Duties of the Commission.
(a) The commission shall have three (3) categories of
duties and powers: The first dealing with general
activities involving landmark and historic
preservation district identification; the second
dealing specifically with landmarks; and the third
dealing with historic preservation districts.
(b) Landmarks and historical preservation district
identification:
(c) Standards and criteria for identification of
landmarks and historic preservation districts
shall be derived from the chars- teristics of
historical signifi- cance and/or architectural
significance in the building, structure, object
and/or area.
(d) The commission shall conduct within the corporate
limits of the City of Canton and the immediate
surrounding area, a survey from which all
buildings and structures shall be classified and
designated on an Historical and Architectural
Building Map to be reviewed and approved by the
city council and made part of a series of official
maps. Such buildings and structures shall be
divided into three (3) categories, the first two
(2) of whichare not mutually exclusive:
(a) Historically significant;
(b) Architecturally significant;
(c) Noncompatible (a building(s), structures(s)
or object(s) which has no historical and
architectural significance).
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(~) The office of the City Clerk will be the
depository for all maps and reports created by and
for the historic co~~unission. This historic
preservation material shall be available to the
public.
(f) The commission shall work for the continuing
education fo the City of Canton with respect to
the historical and architectural heritage of the
City and the landmarks and historic preservation
districts designated under the provisions of this
ordinance. It shall keep current and publish a
register of landmarks and historic preservation
districts.
(g) Concerning landmarks:
(h) The commission shall keep a register of all
buildings, structures and objects within the
corporate limits and immediate surrouding area of
the City of Canton which have been designated a
landmark as set forth by procedures in this
ordinance. This register will include the
information required for each landmark designation
and appropriate maps.
(i) The commission shall hold public hearings and make
subsequent recommendations to the city council on
applications for improvements to be designated as
landmarks within the corporate limits of the City
of Canton. Designation is subject to the
guidelines and procedures set forth by this
ordinance.
(j) The commission shall hold public hearings and make
recommendations to the City council on all matters
relating to certificates of appropriateness
concerning landmarks under its jurisdiction
subject to the standards set forth in this
ordinance.
2-9-5:
(k) The commission shall act as a resource consultant
for owners of designated landmarks. The
commission will keep a file of architects,
historians, preservationists and restorationists
concerned with historic preservation.
Concerning historic preservation districts:
(a) The commission shall hold public hearings and make
subsequent recommendations to the city council on
petitions for areas within the corporate of the
City of Canton to be designated as historic
preservation districts, subject to the guidelines
and procedures set forth by this ordinance.
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(b) The cormnission shall keen a register of all areas
within the corporate limits of the City of Canton
which have been designated as historic
preservation districts as set forth by the
guidelines and procedures in this ordinance. This
register will include all information and reports
required for district designation.
(c) The commission, together with the City Engineer
and the petition, shall establish a design
criteria for said district as a guide to evaluate
applications for certificates of appropriateness.
These criteria may vary depending on the character
of each historic preservation district.
(d> The commission, when dealing with certificates of
appropriateness in historic preservation
districts, shall:
(1) Review all applications for certificates of
appropriateness according to the design
criteria for that district; then
(2) Sold public hearings; then
(3) Make recommendations to the city council on
all matters relating to the applications for
certificates of appropriateness subject to
the guidelines and procedures set forth in
this ordinance.
(e) The commission shall assist citizens interested in
historic preservation districts by:
(1) Maintaining a file of available architects,
historians, preservationists and
restorationists;
(2) Assisting in the preparation of applications
for state and/or federal historic
preservation grants;
(3) Providing information concerning the
designation procedure of local historic
preservation districts;
(4) Assisting in the preparation of information
necessary for designation;
(5) Assisting in preparation for certificates of
appropriateness. Any assistance is subject
to the guidelines and procedures set forth by
this ordinance.
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2-9-7: LANDMARK DESIGNATION.
[Designation Subject to Procedures and Guidelines in
this Ordinance.] There are hereby created criteria and
procedures for the designation of landmark(s) within
the corporate limits of the City of Canton.
Designation of a landmark is subject to the guidelines
and procedures as set forth in this ordinance.
(a) Criteria for Landmark Designation.
The following criteria shall be utilized by the
historic commission in determining the designation
of landmarks:
(1) Historical significance; or
(2) Architectural significance; and
(3) Economic and functional potentials (the
economic and functional potentials of the
improvement are to be considered); and
(4) Other qualities and characteristics (such
other qualities and characteristics as in the
judgment of the commission shall be
considered for the designation of a
landmark).
(b) Procedures for Designation of Landmarks.
(1) The application: Any person, group of
persons or association may request a historic
landmark designation for any improvement
within the corporate limits of the City of
Canton which may have historic or
architectural significance as set forth in
Section 2-9-5(c). The secretary of the
commission shall supply, upon request, the
application forms. Completed forms shall be
submitted to the secretary of the commission.
(2) The commission shall thereafter notify the
owner of such real property of the proposed
designation. In the event that said owner
shall refuse or decline to give his or her
written consent to the proposed designation,
the commission shall require a petition be
submitted with a minimum of twenty-five (25)
signatures of real property owners or
residents of the City of Canton.
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(3) Public hearing: Upon receipt of said
application or petition, the secretary of the
commission shall schedule a public hearing,
to be held within thirty (30) days from the
receipt of said application or petition, on
the question of proposed designation, setting
forth a date, time and place and causing
written notice to be given to the owner or
any person having legal or equitable interest
in said property being proposed for
designation (not including people with a
leasehold interest). The commission shall
cause a legal notice to be published in a
newspaper of general circulation in the City
of Canton setting forth the nature of the
hearing, the property involved and the date,
time and place of the scheduled meeting.
Notice by publication shall be not more than
30 nor less than 10 days prior to the
scheduled hearing.
(4) During the public hearing, the commission
shall review and evaluate the application or
petition according to the criteria
established in section 2-9-7(a).
(5) 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.
(6) 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.
(7) A simple majority vote by the corporate
authorities is necessary for the approval of
a landmark designation. If the corporate
authorities approve the application or
petition for designation, a notice will be
sent to the property owner and recorded with
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the county recorder of deeds. If the
corporate authorities deny the petition or
application, no petitioner or applicant can
file for ninety (90) days to the secretary of
the commission as to the same property.
(c) [Consideration Period) The consideration period
on proposed landmark(s) shall commence at the time
of submission of the application to secretary of
the commission and continue until the final
decision of the corporate authorities.
2-9-3: HISTORIC PRESERVATION DISTRICT DESIGNATION.
[Designation Subject to Procedures and Guidelines of
this Ordinance.) There are hereby created criteria and
procedures for the designation of historic preservation
district(s) within the corporate limits of the City of
Canton. Designation of a historic district is subject
to the procedures and guidelines as set forth in this
ordinance.
(a) Criteria for Historic Preservation Designation.
The following criteria shall be utilized by the
commission in determining the designation fo
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
(o) 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 an Historic
Preservation District.
(1) The petition: Any person, group of persons
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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 (66 2/3) percent 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 an
historic preservation district.
2. 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
Zonning Commission and the Department of
Public Works of the City of Canton 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 Section 2-9-8.4; 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.
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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 section 2-9-8
subheadings (a), (b), (c) and (d).
(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 thrity (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 of Canton 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 30
nor less than 10 days prior to the public
hearing.
5. During the public hearing the commission
shall review and evaluate all departmental
reviews and the information in section
2-9-8(b) according to the criteria
established in section 2-9-8(a).
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6. Following the public hearing, the secretary
of the commissionshall prepare the
commission's evaluation, recommendation and
all available information for submission to
the city council.
7. 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. 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 petition 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
district(s) shall commence at the submission
of the petition to the secretary of the
commission and continue until the city
council decision.
2-9-9: PROCEDURES AND GUIDELINES FOR ACTIONS OF THE HISTORIC
COMMISSION.
(a) Certificate of Appropriateness.
[Required:] A certificate of appropriateness,
issued by the commission, shall be required before
a landmark or any improvement within a historic
preservation district, visible from a public way,
is:
(1) changed or modified;
(2) Reconstructed;
(3) Erected, wholly or in part;
(4) Moved;
(5) Demolished, wholly or in part.
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Exterior paint schemes, storm doors, storm
windows, screens, window air conditioners,
antennas, and similar cosmetic items are not
subject to a certificate of appropriateness.
(b) No individual group, organization or city
department shall commence such action in section
2-9-9, subheadings (a), (b), (c), (d> and (e),
without first obtaining a certificate of
appropriateness.
(c) A certificate of appropriateness shall be required
for any of the actions listed in section 2-9-9
subheadings (a), (b), (c), (d) and (e), even when
the action does not require a building or
demolition permit.
(d) No building or demolition permit shall be issued
for work visible from a public way on any landmark
or within the boundaries of a district unless a
certificate of appropriateness has been issued for
same work.
(e) Nothwithstanding, a certificate of appropriateness
shall be issued or waived if the applicant shows
to the commission that a failure to grant the
permit will cause an imminent threat to life,
health or property.
(f)1 [Application:~ The application for the
certificate of appropriateness, available from the
building official and returned to the same, shall
include the following information:
(1) Street address of property involved;
(2) Legal description of property involved;
(3) Brief description of the existing
improvements situated on the property;
(4) Detailed description of the construction,
alteration, demolition or use proposed
together with any architectural drawings or
sketches if these 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 the final appearance of the
real estate will be;
(5) Owner;
(6) Developer, if different from owner;
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(7) Architect, if utilized or retained;
(8) Each application shall be accompanied by such
sketches, drawings, photographs, descriptions
or other information not to exceed the size
of 8 1/2" x 14", as may be reasonably
required by the commission to make a
decision.
(g) The building official shall, within five (5)
working days, submit copies of the completed
application for a certificate of appropriateness
to the city engineer and the secretary of the
commission.
(h) The application for a certificate of
appropriateness shall be reviewed at the next
meeting of the commission following its receipt by
the secretary of the commission from the building
official.
(i) The secretary of the commission shall submit to
the buidling official a current list of landmarks
and historic preservation districts.
(j) Criteria for certificate of appropriateness for
landmarks: The application for a certificate of
appropriateness shall be reviewed at the next
meeting of the historic commission following its
receipt by the secretary of the historic
commission. If the historic commission finds that
the activity proposed by the applicant:
(1) will not adversely affect the significant
historical or architectural character cited
in the application for landmark designation
as called for in section 2-9-7(a); and
(2) is appropriate and consistent with the design
criteria established for the landmark as
created by this ordinance; or
(3) will remedy conditions imminently dangerous
to life, health and property as determined in
writing by the building official;
then the historic commission shall recommend
issuance of a certificate of appropriateness by
the corporate authorities.
(k) Denial of certificate of appropriateness for
landmarks.
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If the historic commission finds the activity
proposed by the applicant as not meeting any of
the subheadings in section 2-9-7, then the
commission shall recommend disapproval of the
application and so advise the applicant, building
inspector and City Council in writing of the
recommendation.
Following the recommended denial of the
certificate of appropriateness by the hisotric
commission, the secretary of the historic
commission shall transmit to the owner a letter
within five (5) days, stating changes requested by
the historic commission before the certificate of
appropriateness will be recommended by the
commission. The letter will address itself to the
appropriate criteria. If the owner agrees to said
changes in writing to the commission and the
commission is satisfied that the criteria in
section 2-9-7 will be met, it shall recommend
issuance of a certificate of appropriateness; if
not, the certificate of appropriateness may be
denied by the City Council.
(1) Criteria for certificate of appropriateness in
historic districts:
The application for a certificate of
appropriateness shall be reviewed by the
commission not less than thirty (30) days
following its receipt by the secretary of the
commission from the building official.
A letter will be sent to all property owners
within the historic preservation district
setting forth the question of the application for
a certificate of appropriateness, the date, time
and place of the meeting at which the application
will be considered by the commission. The letter
shall be sent at least ten (10) days prior to the
proposed meeting.
If the historic commission finds that the
activity proposed by the applicant:
(1) will not adversely affect the significant
historical or architectural character of the
historic preservation district as defined in
the original petition for designation, as
called for in section 2-9-9, subheading (d);
and
(2) is appropriate and consistent with the design
criteria established for the historic
preservation district as created by section
2-9-8(b)3(a); or
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(3) will remedy conditions imminently dangerous
to life, health or property as determined in
writing by the building official;
then the historic commission shall recommend
issuance of certificate of appropriateness by
the City Council.
(m) Denial of certificate of appropriateness for
improvements within historic preservation
district:
If the historic commission find the activity
proposed by the applicant as not meeting any of
the subheadings in Division 2-9-9, the historic
commission shall recomment disapprove of the
application and so advise the applicant and
building official in writing of the
recommendation.
Following the recommendation of denial of the
certificate of appropriateness by the historic
commission, the commission secretary shall
transmit to the owner a letter within five (5)
working days, stating the changes requested by the
historic commission before the certificate of
appropriateness will be recommended to issue. The
letter will address itself to the appropriate
criteria and other points deemed pertinent by the
commission. If the owner agrees to said changes
in writing to the commission and the commission is
satisfied that the criteria in section 2-9-9
will be met, it shall recommend issuance of a
certificate of appropriateness; if not the
certificate of appropriateness may be denied by
the City Council.
(n) Demolition or removal of a landmark or structure
within an historic preservation district:
Demolition or Removal Procedure: The commission
secretary shall notify the commission of any
application for a certificate of appropriateness
involving the demolition, partial demolition or
removal of a structure or significant accessory
structure. The commission shall schedule a public
hearing within thirty (30) days of the receipt of
the application for a certificate of
appropriateness with proper notification through
the newspaper and shall notify the applicant in
writing. At the hearing, the commission shall
request the following information:
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(1) A report from the building official on the
state of repair and structural stability of
the structure under consideration;
(2) Information and graphics on the extent and
process of demolition or removal, including
information on any proposed changes in
landscaping;
(3) Evidence of any hardship that would result in
substantial economic loss to the applicant
from denial of the petition;
(4) An assessment of any alterations in the
essential character of the area which would
occur as a result of demolition or removal
action.
(o) Decision of Commission Towards Demolition or
Removal: If the commission's decision is to
recommend postponement of the demolition or
removal, the commission shall notify the owner in
writing. During the period set forth for
postponement of the requested action, the
commission shall explore alternatives to
demolition or removal. Such alternatives may
include consultation with private civic groups,
interested private citizens and other public
boards or agencies in an effort to find a
persuasive means of preserving the structure. If
sale of property is considered a feasible
alternative to the owner, the building must remain
on the open market, dependent on its
classification, for the following lengths of time.
Historically and architecturally significant --- Six
(6) months.
Noncompatible --- No waiting period.
(p) [Failure To Reach Agreement:] If, after a period
not to exceed six (6) months, no alternative
agreement has been reached with the applicant, the
commission shall recommend issuance of a
certificate of appropriateness for demolition or
removal of the structure in question.
(q) [Conditions:] In recommending to grant the
certificate of appropriateness, the commission
shall recommend conditions necessary to minimize
the adverse impact of the requested activity as
outlined in section 2-9-9.
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(r ) ~~ppeals: Where file commission has reco~cunended
denial of issuance of a certificate of appro
priateness, the applicant for said certificate may
appeal to the city council. Such appeal must be
filed with the city clerk within fifteen (15) days
after notification to the applicant by the
commission. The city council shall hold a public
hearing and shall vote on said appeal within
forty-five (45) days of its receipt. On appeal, a
majority vote of the corporate authorities shall
be sufficient to either uphold or reverse any
recommendation of the commission.
2-9-10: ENFORCEMENT AND PENALITIES FOR VIOLATION.
Any person who fails to perform any act required 'Herein
or performs any act prohibited herein shall be fined,
upon conviction, not less than one hundred dollars
($100.00) or not more than five hundred dollars
($500.00) for each offense. Every day such violation
exists shall constitute a separate violation and a
separate offense.
In addition to the penalty provided above, the City of
Canton may bring an appropriate action in the circuit
court to enjoin any action undertaken by any person in
violation of this ordinance and to restore any property
to its condition prior to such unauthorized action.
2-9-11: RELATION TO OTHER ORDINANCES.
Nothing herein is to be construed as repealing any
requirement relating to the proper wiring, plumbing and
construction of any building or structure, all work to
be in conformity with the building codes and ordinances
of the City of Canton as now in effect or as provided
by ordinance. If such a permit would otherwise be
required, an application for a building or demolition
permit shall be submitted in conjunction with the
application fora certificate of appropriateness. In
all zoning districts lying within the boundaries of an
historic preservation district, the regulations for
both the zoning district and the historic preservation
district shall apply. Whenever there is a conflict
between the regulations of the zoning district and the
regulations of the historic preservation district, the
more restrictive shall apply.
Building Permits and Demolition Permits: No building
permit nor any demolition permit shall issue with
respect to any property or improvement thereon which is
subject to any provision of this Chapter until the City
Council either accepts or rejects the recommendation(s)
of the commission with respect to the subject property
or improvement.
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Restraint of Alienation and Condemnation. Nothing in
this Chapter is intended to 'Qe a restraint upon
alienation of real property. Nothing in this Chapter
is intended to in any way deprive any property owner,
legal or equitable, of any interest in such property.
In interpreting and applying this Chapter, the
commission, the City Council, and all Courts of
competent jurisdiction shall interpret and apply this
Chapter in conformity with the legislative intent set
forth in this Section."
3. SEVERABILITY AND EFFECTIVE DATE.
If any provisions, clause or phrase of this ordinance
or the application thereof to any person or
circumstance is held invalid, such invalidity shall not
affect other provisions or applications of this
ordinance which can be given effect without the invalid
provisions or applications, and to this end the
provisions of this ordinance are declared to be
separable.
This Ordinance shall be in full force and effect ten
t10) days after its passage by the City Council of the
City of Canton, Fulton County, Illinois, approval by
the Mayor thereof, and publication in pamphlet form as
provided by law.
PASSED by the City Council of the City of Canton, Fulton
County, Illinois at a regular meeting this 3rd day of Ma.u ,
1988 upon a roll call vote as follows:
AYES: Aldermen Kovachevich, Zilly, Steck, Sarff, Meade,
May.
NAYS: Aldermen Bohler, Chapman,
ABSENT:None.
Donald E. Edwards, Mayor.
ATTEST:
~/
Nan" Whit s, City Clerk.
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