[Ord. 2014-796, 3-3-2014, eff. retroactive to 4-1-2013]
The purpose of this chapter is to promote the protection, enhancement,
perpetuation, and use of improvements of special character or historical
interest or value in the interest of the health, prosperity, safety,
and welfare of the people of the City of Lincoln by:
(A)
Providing a mechanism to identify and preserve the historic and architectural
characteristics of Lincoln which represents elements of the City's
cultural, social, economic, political and architectural history;
(B)
Promoting civic pride in the beauty and noble accomplishments of
the past as represented in Lincoln's landmarks and historic districts;
(C)
Stabilizing and improving the economic vitality and value of Lincoln's
landmarks and historic areas;
(D)
Protecting and enhancing the attractiveness of the City to have buyers,
visitors and shoppers and thereby supporting business, commerce, industry,
and providing economic benefit to the City;
(E)
Fostering and encouraging preservation, restoration of structures,
areas, and neighborhoods and thereby preventing future urban blight.
[Ord. 2014-796, 3-3-2014, eff. retroactive to 4-1-2013]
Unless specifically defined below, words or phrases in this
chapter shall be interpreted giving them the same meaning as they
have in common usage and so as to give this chapter its most reasonable
application.
Any act or process which changes one or more of the "exterior
architectural features" of a structure designated for preservation
by adding to, joining with or increasing the size or capacity of the
structure.
Any act or process that changes one or more of the exterior
architectural features of a structure, including, but not limited
to, the erection, construction, reconstruction, or removal of any
structure.
A specific geographic division of the City of Lincoln.
Any structure created for the support, shelter or enclosure
of persons, animals or property of any kind and which is permanently
affixed to the land.
A certificate from the Historic Preservation Commission authorizing
plans for alterations, construction, removal or demolition of a landmark
or site within a designated historic district.
Lincoln Historic Preservation Commission.
Voting members of the Lincoln Historic Preservation Commission.
The act of adding an addition to an existing structure or
the erection of a new principal or accessory structure on a lot or
property.
The City Council of the City of Lincoln.
Any act or process that destroys in part or in whole a landmark
or site within a historic district.
A standard of appropriated activity that will preserve the
historic and architectural character of a structure or area.
The architectural and general composition of the exterior
of a structure, including, but not limited to, the kind, color, and
the texture of the building material and the type, design and character
of all windows, doors, light fixtures, signs, and appurtenant elements.
An area designated as a historic district by ordinance of
the City Council and which may contain within definable geographic
boundaries one or more landmarks and which may have within its boundaries
other properties or structures that, while not of such historic and/or
architectural significance to be designated as landmarks, nevertheless
contribute to the overall visual characteristics of the landmark or
landmarks located within the historic district.
Any building, structure or site which has been designated
as a "landmark" by ordinance of the City Council, pursuant to procedures
prescribed herein, that is worthy of rehabilitation, restoration,
and preservation because of its historic and/or architectural significance
to the City of Lincoln.
The person, corporation, or other legal entity listed as
owner on the records of the county recorder of deeds.
The process of returning a property to a state of utility,
through repair or alteration, which makes possible an efficient contemporary
use while preserving those portions and features of the property which
are significant to its historic, architectural and cultural values.
Any relocation of a structure on its site or to another site.
Any change that does not require a building permit or that
is not construction, relocation or alteration.
Any change or repair in the supporting members of a building,
structure, roof or exterior walls which would expand the building
in height, width or bulk of the building.
Anything constructed or erected, the use of which requires
permanent or temporary location on or in the ground, including, but
without limiting, the generality of the foregoing, buildings, fences,
gazebos, advertising signs, billboards, backstops for tennis courts,
radio and television antennas, including supporting towers, swimming
pools, satellite dishes, solar panels and wind generation.
[Ord. 2014-796, 3-3-2014, eff. retroactive to 4-1-2013]
The Lincoln Historic Preservation Commission shall consist of
seven voting members, residents of the City of Lincoln, appointed
by the Mayor and approved by the City Council.
[Ord. 2014-796, 3-3-2014, eff. retroactive to 4-1-2013]
The members shall be appointed on the basis of expertise, experience
or interest in the area of architectural history, building construction
or engineering, finance, historical and architectural preservation,
neighborhood organizing, or real estate.
[Ord. 2014-796, 3-3-2014, eff. retroactive to 4-1-2013]
Members of the commission shall be appointed for terms of four
years. Of those members first taking office, two shall be appointed
for one year, two for two years, and three for four years. No members
shall serve more than two successive four-year terms. The Mayor can
remove members of the commission for cause following a public hearing.
Vacancies shall be filled for the unexpired term only. Members shall
serve without compensation.
[Ord. 2014-796, 3-3-2014, eff. retroactive to 4-1-2013]
Officers shall consist of a chairman, vice chairman, and a secretary
elected by the Historic Preservation Commission who shall serve a
term of one year and shall be eligible for reelection, but no members
shall serve as an officer for more than two consecutive years. The
chairman shall preside over meetings. In the absence of the chairman,
the vice chairman shall perform the duties of the chairman. If both
are absent, a temporary chairman shall be elected by those present.
The secretary to the Historic Preservation Commission shall have the
following duties:
(A)
Take minutes of each Historic Preservation Commission meeting;
(B)
Be responsible for publication and distribution of copies of the
minutes, reports, and decisions of the Historic Preservation Commission
to the members of the Historic Preservation Commission;
(C)
Give notice as provided herein or by law for all public hearings
conducted by the Historic Preservation Commission;
(D)
Advise the Mayor of vacancies on the Historic Preservation Commission
and expiring terms of members; and
(E)
Prepare and submit to the City Council a complete record of the proceedings
before the Historic Preservation Commission on any matter requiring
Council consideration.
[Ord. 2014-796, 3-3-2014, eff. retroactive to 4-1-2013]
A quorum shall consist of a majority of the members. All decisions
or actions of the Historic Preservation Commission shall be made by
a majority vote of those members present and voting at any meeting
where a quorum exists. Meetings shall be held at regularly scheduled
times to be established by resolution of the commission at the beginning
of each calendar year or at any time upon the call of the chairman.
There shall be a minimum of four meetings per year.
No member of the Historic Preservation Commission shall vote
on any matter that may materially or apparently affect the property,
income or business interest of that member. No action shall be taken
by the commission that could in any manner deprive or restrict the
owner of property in its use, modification, maintenance, disposition,
or demolition until such owner shall first have had the opportunity
to be heard at public meeting of the Historic Preservation Commission,
as provided herein. A public meeting may be waived by the commission
if the owner of the property is the submitting applicant for landmark
status. The chairman, and in his absence the acting chairman, may
administer oaths and compel the attendance of witnesses. All meetings
of the Historic Preservation Commission shall be open to the public.
The Historic Preservation Commission shall keep minutes of its proceedings,
showing the vote, indicating such fact, and shall keep records of
its examinations and other official actions, all of which shall be
immediately filed in the office of the Historic Preservation Commission
and shall be a public record.
[Ord. 2014-796, 3-3-2014, eff. retroactive to 4-1-2013]
(A)
To adopt its own procedural regulations;
(B)
To conduct an ongoing survey to identify historically and architecturally
significant properties, structures and areas;
(C)
To investigate and recommend to the City Council the adoption of
ordinances designating properties or structures having special historic,
community, or architectural value as "landmarks";
(D)
To investigate and recommend to the City Council the adoption of
ordinances designating properties or structures having special historic,
community or architectural value as "historic districts";
(E)
To keep a register of all properties and structures that have been
designated as landmarks or historic districts, including all information
required for each designation;
(F)
To determine an appropriate system of markers and make recommendations
for the design and implementation of specific markings of the streets
and routes leading from one landmark or historic district to another;
(G)
To advise owners of landmarks and property or structures within historic
districts on physical and financial aspects of preservation, renovation,
rehabilitation, and reuse, and on procedures for inclusion on the
state or national register of historic places;
(H)
To inform and educate the citizens of Lincoln concerning the historic
and architectural heritage of the City by publishing appropriate maps,
newsletters, brochures, and pamphlets, and by holding programs and
seminars;
(I)
To hold public hearings and to review applications for construction,
alteration, removal, or demolition affecting proposed or designated
landmarks or structures or historic districts and issue or deny certificates
of appropriateness for such actions. Applicants shall be required
to submit plans, drawings, elevations, specifications, and other information
as may be necessary to make decisions;
(J)
To develop specific guidelines for the alteration, demolition, construction,
or removal of landmarks or property and structures within historic
districts;
(K)
To review proposed zoning amendments, applications for special use
permits or variances that affect proposed or designated landmarks
and historic districts. Such review shall be made prior to the date
of the hearing by the City planning commission or the Zoning Board
of Appeals;
(L)
To administer on the behalf of the City of Lincoln any property or
full or partial interest in real property, including a conservation
right as that term is used in 765 Illinois Compiled Statutes 120/1
et seq., which the City may have or accept as a gift or otherwise,
upon designation by the City Council;
(M)
To accept and administer on behalf of the City of Lincoln, upon designation
by the City Council, such gifts, grants and money as may be appropriate
for the purpose of this chapter;
(N)
To call upon available City staff members as well as other experts
for technical advice;
(O)
To testify before all boards and commissions, including the City
planning commission and the Zoning Board of Appeals, on any matter
affecting historically and architecturally significant property and
landmarks;
(P)
To periodically review the Lincoln zoning ordinance and to recommend
to the City planning commission and the City Council any amendments
appropriate for the protection and continued use of landmarks or property
and structures within historic districts.
[Ord. 2014-796, 3-3-2014, eff. retroactive to 4-1-2013]
The Historic Preservation Commission shall undertake an ongoing
survey and research effort in the City of Lincoln to identify neighborhoods,
areas, sites, structures, and objects that have historic, community,
architectural, or aesthetic importance, interest, or value. As part
of the survey, the Historic Preservation Commission shall review and
evaluate any prior surveys and studies by any unit of government or
private organization and compile appropriate descriptions, facts,
and photographs. The Historic Preservation Commission shall identify
potential landmarks and adopt procedures to nominate them in groups
based upon the following criteria:
(A)
The potential landmarks are in one identifiable neighborhood or district
geographical area of the City of Lincoln;
(B)
The potential landmark is associated with a particular person, event,
or historical period;
(C)
The potential landmark is of a particular architectural style or
school, or of a particular architect, engineer, builder, designer
or craftsman;
(D)
Such other criteria as may be adopted by the Historic Preservation
Commission to assure systematic survey and nomination of all potential
landmarks within the City of Lincoln.
[Ord. 2014-796, 3-3-2014, eff. retroactive to 4-1-2013]
Nominations shall be made to the Historic Preservation Commission
on a form provided by the commission. A filing fee may be required.
The commission shall, upon investigation as it deems necessary,
make a preliminary determination as to whether a property, structure,
or area possesses the integrity of design, workmanship, materials,
location, setting and feeling and meets one or more of the following
criteria:
(A)
Significant value as part of the historic, heritage or cultural characteristics
of the community, county, state or nation;
(B)
Its identification with a person or persons who significantly contributed
to the development of the community, county, state or country;
(C)
Representative of the distinguishing characteristics of architecture
inherently valuable for the study of a period, type, method of construction
or use of indigenous materials;
(D)
Notable work of a master builder, designer, architect or artist whose
individual work has influenced the development of the community, county,
state or country;
(E)
Its unique location or singular physical characteristics that make
it an established or familiar visual feature;
(F)
Its character as a particularly fine or unique example of a utilitarian
structure, including, but not limited to, farmhouses, gas stations,
or other commercial structures, with a high level of integrity or
architectural significance;
(G)
Area that has yielded or may be likely to yield, information important
in history or prehistory.
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A preliminary determination as to whether a property, structure,
or area meets one or more of the foregoing criteria shall be made
within 30 days of filing of a nomination with the commission.
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[Ord. 2014-796, 3-3-2014, eff. retroactive to 4-1-2013]
Any person, group of persons or association, may apply to the
Lincoln Historic Preservation Commission for the designation of a
landmark or a historic district. Applications for landmark status
are available from the City building and zoning office. Completed
applications shall be filed at the City building and zoning office.
Persons wishing guidance or advice prior to completing an application
may contact a member of the planning commission. At a minimum, the
application shall include the following:
(A)
For a landmark:
1.
The name and address of the property owner.
2.
The legal description and common street address of the property.
3.
A written statement describing the property and setting forth reasons
in support of the proposed designation.
4.
Documentation that the property owner has been notified or consents
to the application for designation.
5.
A list of significant exterior architectural features of the property.
6.
An overall site plan and photographs of the landmark. The plan shall
also include a front, side and rear elevation drawing.
(B)
For a historic district:
1.
The names and addresses of the property owners.
2.
A map delineating the boundaries of the area to be designated.
3.
A written statement describing the area and properties within the
historic district and setting forth reasons in support of the proposed
designation.
4.
A list and photographs of significant exterior architectural features,
delineating whether they are contributing or noncontributing for each
property in the district.
[Ord. 2014-796, 3-3-2014, eff. retroactive to 4-1-2013]
(A)
The commission may schedule a public hearing within 60 days after
the filing of a complete application with the City building and zoning
office.
1.
Any person, group of persons or association, including, but not limited
to, the Lincoln Historic Preservation Commission, may request a historic
landmark designation for any structure, building or site within the
boundaries of the City of Lincoln which may have historic or architectural
significance as defined by this chapter. Application forms are available
at the City building and zoning office and completed forms shall be
submitted for their consideration.
2.
If any owner of the property being nominated is not the applicant, a public hearing may be called by the commission. Notice of date, time, place and purpose of the public hearing shall be sent by mail to owner(s) of record and to the nominator(s) not less than 15 nor more than 30 days prior to the date of the hearing. The notice shall state the location of the property and a statement summarizing how the proposed landmark meets the criteria set forth in Section 2-10-10 of this chapter under criteria for landmark designation.
3.
The secretary of the commission shall schedule public hearings when
required. Public hearings shall be held within 60 days after preliminary
approval of the complete application.
4.
During the public hearing, the commission shall review and evaluate
the application according to the criteria established by this chapter.
5.
If the Historic Preservation Commission finds at the time that the
application merits further consideration, then the commission may
table the request until its next regularly scheduled meeting.
6.
A certificate of appropriateness shall be required for alteration,
construction, removal or demolition of a proposed landmark from the
date when the nomination form is presented to the commission until
the final disposition of the request. A waiver of this requirement
may be granted by a majority of the planning commission members.
(B)
A decision shall be made within 30 days following the date of the
closing of the public hearing.
1.
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 within 30 days.
2.
If the commission decides that the landmark should be designated,
it shall do so by a resolution passed by a majority of the commission.
3.
The owner(s) of record shall be notified promptly by a letter containing
information of the commission's decision.
4.
A simple majority vote by the City Council is necessary for approval
of a landmark designation. The City Council action shall take the
form of an ordinance. If the City Council approves the application
for a designation, a notice will be sent to the property owner, the
building and zoning office, the City Clerk's office, and recorded
with the county recorder of deeds. If the City Council denies the
petition, no petitioner or applicant can file for 90 days to the secretary
of the commission.
5.
Buildings designated as historic landmarks shall be subject to issuance
of certificates of appropriateness.
[Ord. 2014-796, 3-3-2014, eff. retroactive to 4-1-2013]
Nominations shall be made to the Historic Preservation Commission
on a form provided by the commission. A filing fee may be required.
The following criteria shall be utilized by the Lincoln Historic Preservation
Commission in determining the designation of historic districts:
(A)
The historic district contains one or more landmarks along with such
other buildings, places or areas within its definable geographic boundaries
which, while not of such historic significance to be designated as
landmarks, nevertheless contribute to the overall visual characteristics
of the landmark or landmarks located in such district;
(B)
A significant number of structures meeting any of the standards of Section 2-10-10 of this chapter under landmark designation criteria;
(C)
Establishing a sense of time and place unique to the City of Lincoln;
and/or
(D)
Exemplifying or reflecting the cultural, social, economic, political
or architectural history of the nation, the state, or the community.
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A preliminary determination as to whether a district or an area
meets one or more of the foregoing criteria shall be made within 60
days of the filing of a nomination with the commission.
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[Ord. 2014-796, 3-3-2014, eff. retroactive to 4-1-2013]
The following procedure shall be used for the preliminary determination
regarding the designation of historic districts:
(A)
Any person, group of persons, or association, including, but not
limited to, the Lincoln Historic Preservation Commission, may present
to the commission a petition requesting that a defined geographic
area be designated as a historic district. Application forms are available
at the City building and zoning office and completed forms shall be
submitted to the City building and zoning office which shall be forwarded
to the commission for their consideration.
(B)
The petition shall contain the names of no less than 51% of the property
owners, one signature per tax ID number within the district.
(C)
Unless all of the property owners within the proposed district sign
the petition, a public hearing shall be called by the commission.
(D)
Notice of date, time, place and purpose of the public hearing shall be sent by mail to owner(s) of record and to the nominator(s) not less than 15 nor more than 30 days prior to the date of the hearing. A public notice also shall be published in a conspicuous location or locations within the proposed district. The notice shall state the location of the property and a statement summarizing how the proposed landmark meets the criteria set forth in Section 2-10-13 of this chapter under criteria for historic designation.
(E)
Upon receipt of the application, the secretary of the commission
shall schedule a public hearing to be held within 30 days after preliminary
approval of application.
(F)
During the public hearing the commission shall review and evaluate
the application according to the criteria established by this chapter.
(G)
If the Historic Preservation Commission finds at the time that the
application merits further consideration, then the commission may
table the request until its next regular scheduled meeting.
(H)
Within 30 days following the public hearing, the commission shall
make a final decision on designation and prepare the commission's
evaluation, recommendation, and all available information for submission
to the City Council.
1.
If the commission decides that the proposed historic district should
be designated, it shall do so by a resolution passed by a majority
of the commission.
2.
The owner(s) of record shall be notified promptly by a letter containing
information of the commission's decision.
3.
A simple majority vote by the City Council is necessary for approval
of a historic preservation designation. The City Council action shall
take the form of an ordinance. If the City Council approves the application
for a designation, a notice will be sent to the property owner, the
City building and zoning office, the City Clerk's office, and
recorded with the county recorder of deeds that the area has been
designated as such and that buildings located within the boundaries
of the historic district shall be subject to issuance of certificates
of appropriateness. If the City Council denies the petition, no petitioner
can file for 90 days to the secretary of the commission.
[Ord. 2014-796, 3-3-2014, eff. retroactive to 4-1-2013]
A certificate of appropriateness (COA) issued by the commission
shall be required before a building permit, moving permit, or demolition
permit is issued for any designated historic landmark or any building,
structure, or site or part thereof in the historic district. A COA
is required if the building, structure or site will be altered, extended,
or repaired in such a manner as to produce a major change in the exterior
appearance of such building or structure. Such major changes include,
but are not limited to:
(A)
Major changes by addition, alteration, maintenance, reconstruction,
rehabilitation, renovation or repair;
(B)
Any new construction and demolition in whole or in part requiring
a permit from the City of Lincoln;
(C)
Moving a building;
(D)
Any construction, alteration, demolition, or removal affecting a
significant exterior architectural feature as specified in the ordinance
designating the landmark or historic district.
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An exception to the COA shall be made if the applicant shows
to the commission that a failure to grant the permit will cause an
imminent threat to life, health, or property.
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[Ord. 2014-796, 3-3-2014, eff. retroactive to 4-1-2013]
For every application for a certificate of appropriateness,
including demolition permit or building permit application, plans
and specifications shall be forwarded by the City building and zoning
office to the Historic Preservation Commission within 15 days following
receipt of the application by the City building and zoning office.
The application for issuance of a COA must include:
(A)
Street address of the property involved.
(B)
Legal description of the property involved.
(C)
Brief description of the present improvements situated on the property.
(D)
A detailed description of the construction, alteration, demolition,
or use proposed together with any architectural drawings or sketches
if those 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 final appearance and use
of the real estate will be.
(E)
Owner's name.
(F)
Developer's name, if different than owner.
[Ord. 2014-796, 3-3-2014, eff. retroactive to 4-1-2013]
In making a determination whether to approve or deny an application
for a COA, the Lincoln Historic Preservation Commission shall be guided
by the secretary of the interior's "standards for rehabilitation",
as follows:
(A)
A property shall be used for its historic purpose or be placed in
a new use that requires minimal change to the defining characteristics
of the building and its site environment;
(B)
The historic character of a property shall be retained and preserved.
The removal of historic materials or alteration of features and spaces
that characterize a property shall be avoided;
(C)
Each property shall be recognized as a physical record of its time,
place, and use. Changes that create a false sense of historical development,
such as adding conjectural features or architectural elements from
other buildings, shall not be undertaken;
(D)
Most properties change over time; those changes that have acquired
historic significance in their own right shall be retained and preserved;
(E)
Distinctive stylistic features or examples of skilled craftsmanship
that characterize a building, structure, or site shall be treated
with sensitivity;
(F)
Deteriorated historic features shall be repaired rather than replaced.
Where the severity of deterioration requires replacement of a distinctive
feature, the new feature shall match the old in design, color, texture,
and other visual qualities, and, where possible materials. Replacement
of missing features shall be substantiated by documentary, physical,
or pictorial evidence;
(G)
Chemical or physical treatments, such as sandblasting, that cause
damage to historic materials shall not be used. The surface cleaning
of the structures, if appropriate, shall be undertaken using the gentlest
means possible;
(H)
Significant archaeological resources affected by a project shall
be protected and preserved. If such resources must be disturbed, mitigation
measures shall be undertaken;
(I)
New additions, exterior alterations, or related new construction
shall not destroy historic materials that characterize the property.
The new work shall be differentiated from the old and shall be compatible
with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment;
(J)
New additions and adjacent or related new construction shall be undertaken
in such a manner that if removed in the future, the essential form
and integrity of the historic property and its environment would be
unimpaired.
[Ord. 2014-796, 3-3-2014, eff. retroactive to 4-1-2013]
Design guidelines for applying the criteria for review of certificates
of appropriateness shall at a minimum, consider the following architectural
criteria:
(A)
Height: The height of any proposed alteration or construction should
be compatible with the style and character of the landmark and with
surrounding structures in a historic district;
(B)
Proportions Of Windows And Doors: The proportions and relationships
between doors and windows should be compatible with the architectural
style and character of the landmark;
(C)
Relationship Of Building Masses And Spaces: The relationship of a
structure within a historic district to the open space between it
and adjoining structures should be compatible;
(D)
Roof Shape: The design of the roof, fascia, and cornice should be
compatible with the architectural style and character of the landmark;
(E)
Landscaping: Landscaping should be compatible with the architectural
character and appearance of the landmark;
(F)
Scale: The scale of the structure after alteration, construction,
or partial demolition should be compatible with its architectural
style and character and with surrounding structures in a historic
district;
(G)
Directional Expression: Facades in historic districts should blend
with other structures with regard to directional expression. Structures
in a historic district should be compatible with the dominant horizontal
or vertical expression of surrounding structures;
(H)
Direction Expression After Alteration: The direction expression of
a landmark after alteration, construction, or partial demolition should
be compatible with its original architectural style and character;
(I)
Architectural Details: Architectural details including types of materials,
colors, and textures should be treated so as to make the landmark
compatible with its original architectural style and character of
a landmark or historic district;
(J)
New Structures: New structures in a historic district shall be compatible
with the architectural styles and design in said districts.
[Ord. 2014-803, 4-21-2014]
Upon receipt in proper form of the application for certificate
of appropriateness (COA), the Historic Preservation Commission shall
review the same as follows:
(A)
Public Meeting If No Demolition: After the filing of a properly completed
formal application for a certificate of appropriateness that does
not include any request for demolition, relocation, or removal, the
commission shall conduct a public meeting on the application. Notice
of the meeting shall be given in accordance with state law. The meeting
shall be conducted within 90 days after the properly completed formal
application has been filed; or
(B)
Public Hearing If Demolition, Relocation, Or Removal: After the filing
of a properly completed formal application for a certificate of appropriateness
that includes a request for demolition, relocation, or removal, the
commission shall conduct a public hearing on the application. Not
more than 30 days or less than 15 days in advance of such hearing,
notice of the time and place of such hearing shall be published in
a newspaper of general circulation in the City, at the expense of
the applicant. A copy of the meeting notice shall be posted in the
bulletin board area of the City hall at least 48 hours before the
meeting. Said hearing shall be commenced within 90 days after the
properly completed formal application has been filed.
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The Lincoln Historic Preservation Commission shall notify the
applicant of their decision within a reasonable time period after
meeting or hearing on an application. Upon approval of the application,
the commission shall issue a signed COA to the applicant with copies
forwarded to the building inspector.
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A COA shall be invalid if changes in the plans reviewed by the
commission are necessary in obtaining a building permit or if the
building permit issued for the same work becomes invalid.
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The certificate of appropriateness remains valid for the same
period of validity as the building permit.
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[Ord. 2014-796, 3-3-2014, eff. retroactive to 4-1-2013]
In the event of denial of an application for a COA, the commission
shall notify the applicant in writing of the disapproval and the reasons
therefor and shall recommend changes, if any, in the proposed action
that would cause the commission to reconsider its denial.
[Ord. 2014-796, 3-3-2014, eff. retroactive to 4-1-2013]
Notwithstanding any of the provisions of this chapter to the
contrary, the commission may issue a certificate of economic hardship
to allow the performance of work for which a certificate of appropriateness
has been denied.
(A)
An applicant for a certificate of economic hardship may submit any
or all of the following information in order to assist the commission
in making its determination on the application:
1.
The amount paid for the property, the date of purchase and the party
from whom purchased (including a description of the relationship,
if any, between the owner and the person from whom the property was
purchased);
2.
The assessed value of the land and improvements thereon according
to the two most recent assessments;
3.
Real estate taxes for the previous two years;
4.
Remaining balance on mortgage, if any, and annual debt service, if
any, for the previous two years;
5.
All appraisals obtained within the previous two years by the owner
or applicant in connection with this purchase, financing or ownership
of the property;
6.
Any listing of the property for sale or rent, price asked and offers
received, if any;
7.
Any consideration by the owner as to profitable adaptive uses for
the property;
8.
If the property is income producing, the annual gross income from
the property for the previous two years, itemized operating and maintenance
expenses for the previous two years, and annual cash flow before and
after debt service, if any during the same period;
9.
Form of ownership or operation of the property, whether sole proprietorship,
for profit or not for profit corporation, limited partnership, joint
venture or other;
10.
Any other information, including the income tax bracket of the
owner, applicant, or principal investors in the property, reasonably
necessary for a determination as to whether the property can be reasonably
used or yield a reasonable return to present or future owners.
(B)
If the commission finds that without approval of the proposed work,
the property owner cannot obtain a reasonable economic return therefrom,
then the application shall be delayed for a period not to exceed three
months. During this period of delay, the commission shall investigate
plans and make recommendations to the City Council to allow for a
reasonably beneficial use or a reasonable economic return, or to otherwise
preserve the subject property. Such plans and recommendations may
include, but not be limited to:
1.
A relaxation of the provisions of this chapter; and/or
2.
Financial assistance; and/or
3.
Building code modifications; and/or
4.
Changes in zoning regulations.
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If by the end of this three-month period, the commission has
found that without approval of the proposed work, the property cannot
be put to a reasonable beneficial use or the owner cannot obtain a
reasonable economic return therefrom, then the commission shall issue
a certificate of economic hardship approving the proposed work. If
the commission finds otherwise, it shall deny the application for
a certificate of economic hardship.
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[Ord. 2014-796, 3-3-2014, eff. retroactive to 4-1-2013]
When a certificate of appropriateness or a certificate of economic
hardship is approved or denied for either a landmark or a structure
within a historic district, the applicant or any interested party
may, within 30 days, appeal the commission's decision to the
City Council. The Council may receive comments on the contents of
the record but no new matter may be considered by the Council. The
City Council may affirm the decision or recommend changes by a majority
vote of the Council after due consideration of the facts contained
in the record submitted to the Council by the commission. The Council
may overturn the commission's decision by a majority vote of
a quorum of the Council. If the Council decides that a certificate
of economic hardship should be issued, the secretary shall notify
the applicant and the inspection division within seven days of the
Council's decision and the inspection division then shall issue
the permit within 15 days.
If the Council concurs with the commission's decision not
to issue a certificate of economic hardship, the secretary shall notify
the applicant and the inspection division within seven days.
[Ord. 2014-796, 3-3-2014, eff. retroactive to 4-1-2013]
In the case of partial or complete natural destruction or demolition
of a site within a historic preservation district or of a landmark,
the owner will be required to obtain a certificate of appropriateness
from the commission prior to reconstruction. Although exact duplication
of the previous structure may not be required, the exterior design
of the property shall be in harmony with:
[Ord. 2014-803, 4-21-2014]
The commission may establish, at its discretion, a subcommittee
to review applications for work which replaces existing historic materials
with like kind materials. Where an application involves a replacement
of like kind materials, the Building and Safety Official shall indicate
this in his report, and the subcommittee shall, within five business
days after receiving such report, review and vote on the application.
All commission members shall be notified of the date, time and location
of the review, may participate in the discussions with the property
owners and/or their representatives, and vote on the application.
A minimum of three commissioners is required to conduct a review and
a unanimous vote of the subcommittee is required to approve an application
when five or fewer commissioners are present. If more than five commissioners
are present, five votes are required to approve the application. If
the subcommittee does not approve the application, the property owner
may request that the application be considered by the full commission
at its next regular or special meeting. The commission or its subcommittee
shall review the application and may grant a certificate of appropriateness
if the required number of its members find that the proposed work
is clearly appropriate and in accordance with the applicable criteria
set forth in this chapter.
[Ord. 2014-803, 4-21-2014]
The Historic Preservation Commission may establish an appropriate
system of processing fees for the review of nominations and COAs.
All publication fees incurred for publication of notices of public
hearings on applications for certificates of appropriateness shall
be the responsibility of the applicant therefor.
Any person who undertakes or causes an alteration, construction,
demolition, or removal of any nominated or designated landmark or
property within a nominated or designated landmark or designated historic
district without a COA shall be guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine of not less than $50 nor more
than $500. Every day such violation shall continue to exist shall
constitute a separate violation. The Historic Preservation Commission
may institute any appropriate action or proceeding in the name of
the City of Lincoln to enjoin, correct, or abate any violation of
this chapter.
