A.
S-1 Aircraft Noise Impact District. The
intent of this S-1 Aircraft Noise Impact District is to restrict the
development of noise sensitive uses in areas with unique noise impacts
emanating from aircraft operations. This overlay district is generally
defined as the area within the significant noise impact area around
the Central Illinois Regional Airport. The Official Zoning Map establishes
and defines the boundary of this overlay district and is made a part
of this Code and is established to promote sound land use planning
in noise impact areas through the consideration of federal guidelines,
the objectives of the City's Official Comprehensive Plan, and past
City action affecting land use near the Central Illinois Regional
Airport.
B.
(Reserved)
C.
S-4 Historic Preservation District. The
intent of this S-4 Historic Preservation District is to promote the-protection,
enhancement, perpetuation, and use of improvements of special character
or special historical interest or value. The City of Bloomington finds
that the preservation of such resources is a public necessity and
is required in the interest of the health, prosperity, safety, and
welfare of its citizens. This S-4 Historic Preservation District shall
be applied as an overlay district in combination with underlying base
zoning districts as shown on the Official Zoning Map. The purpose
of the S-4 Historic Preservation District is to:
(1)
Effect and accomplish the protection, enhancement,
and perpetuation of such improvements that represent or reflect elements
of the City's cultural, social, economic, political, and architectural
history;
[Amended 2-27-2023 by Ord. No. 2023-19]
(2)
Safeguard the City's historic and cultural
heritage, as embodied and reflected in such landmarks and historic
districts;
(3)
Stabilize and improve property values;
(4)
Foster civic pride in the beauty and noble
accomplishments of the past;
(5)
Protects and enhance the City's attractions
to residents, home buyers, tourists, and visitors and shoppers, thereby
supporting and promoting business, commerce and industry;
(6)
Strengthen the economy of the City; and
(7)
Promote the use of historic districts and
landmarks for education, pleasure, and welfare of the people of the
City.
A.
Designation of district. The S-1 Aircraft
Noise Impact District shall be established as an overlay zone in combination
with all other zoning districts which lie within the boundaries of
Airport Noise Impact Zones as established by the Official Zoning Map.
The boundaries of the Airport Noise Impact Zones are in part, determined
by the location of 60 Ldn and 65 Ldn noise contours as designated
on the Official Zoning Map. Where a specific noise contour is referenced
as a determinant of the Airport Noise Impact Zone and/or the regulations
pertaining thereto, said noise contours will be identified by the
year in which the measurements and computations deriving said noise
contour were made. If no date is associated with a noise contour,
the reference is to the most recently derived noise contour of the
given value.
B.
Restricted uses.
(1)
Areas within the 65 Ldn or higher Airport
Noise Impact Zone. The development or construction of any new child
care facility, residential building, structure designed or intended
for overnight stay, or similar use as determined by the Zoning Administrator
is prohibited.
(2)
Areas between the 60 Ldn and 65 Ldn Airport
Noise Impact Zones. Any new child care facility, residential building,
structure designed or intended for overnight stay, or similar use
as determined by the Zoning Administrator meet the following standards.
(a)
Buildings shall be constructed with
the following sound insulation materials to address the goal of achieving
a day/night average maximum interior noise level of 45 dBa and to
meet or exceed the following Sound Transmission Class (STC) ratings:
[1]
Exterior walls shall meet the STC
rating of at least 30;
[2]
Exterior doors shall include a storm
door or meet the STC rating of at least 28;
[3]
Exterior windows shall meet the STC
rating of at least 28;
[4]
A minimum of R-30 insulation shall
be provided in the attic with soffit wind baffles or the roof shall
meet the STC rating of 39.
(b)
Basement windows shall be insulated
glass or have windows well covers;
(c)
Fireplaces shall be provided with
a well-fitted damper or fireplace doors if a damper is not allowed
by City Code; and
(d)
Central air conditioning shall be
provided.
C.
Variations. The City shall consult and obtain a written recommendation from the Central Illinois Regional Airport Authority prior to consideration of any variation to this § 44-802. The Construction Board of Appeals shall be responsible for reviewing variations of the provisions of this § 44-802 pertaining to building construction and/or acoustical insulation. The Zoning Board of Appeals shall be responsible for reviewing all other variations of this § 44-802 not pertaining to building construction or sound insulation.
[Amended 10-24-2022 by Ord. No. 2022-99; 3-25-2024 by Ord. No. 2024-015]
[Amended 10-26-2020 by Ord. No. 2020-69; 2-27-2023 by Ord. No. 2023-19]
A.
Applicability.
(1)
The S-4 Historic Preservation District
is an overlay district which shall be applied in combination with
one or more underlying base zoning districts, as shown on the Official
Zoning Map. The S-4 Historic District designation may be applied to
a single property (historic landmark) or group of properties (historic
district) subject to the nomination process defined herein.
(2)
In an S-4 Historic Preservation District, all regulations of the underlying Agriculture District, Residence District, Business District, Manufacturing District or Public Interest District shall apply, except insofar as such regulations are in conflict with the special regulations applicable to the S-4 Historic Preservation District, and in the event of such conflict, the regulations governing such S-4 District shall apply. All permitted uses or special uses otherwise allowable in the underlying Agriculture District, Residence District, Business District, Manufacturing District or Public Interest District shall continue to be allowable uses except as provided in the designating ordinance, described in § 44-804B(6) of this Code.
B.
Designation of Landmarks and Historic Districts.
(1)
Nominations. A nomination for a historic
landmark or historic district may be submitted by the Preservation
Commission, at least 51% of the owners of record of the nominated
property or structure(s), or the City Council, and shall be submitted
on a form provided by the Office of Economic and Community Development.
(2)
Criteria for consideration of nominations.
The Preservation Commission shall, upon such investigation as it deems
necessary, make a determination as to whether a nominated property,
structure, or area possesses sufficient integrity of location, design,
materials, and workmanship to make it worthy of preservation or restoration
and meets one or more of the following criteria:
(a)
Its character, interest, or value
as part of the development, heritage, or cultural characteristics
of the City, County of McLean, State of Illinois, or the United States
of America (the Nation);
(b)
Its location as a site of a significant
local, county, state, or national event;
(c)
Its identification with a person
or persons who significantly contributed to the development of the
City, County of McLean, State of Illinois, or the Nation;
(d)
Its embodiment of distinguishing
characteristics of an architectural style valuable for the study of
a period, type, method of construction, or use of indigenous materials;
(e)
Its identification as the work of
a master builder, designer, architect, or landscape architect whose
individual work has influenced the development of the City, County
of McLean, State of Illinois, or the Nation;
(f)
Its embodiment of elements of design,
detailing, materials, or craftsmanship that render it architecturally
significant;
(g)
Its embodiment of design elements
that make it structurally or architecturally innovative;
(h)
Its unique location or singular physical
characteristics that make it an established or familiar visual feature;
(i)
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; and/or
(j)
Its suitability for preservation
or restoration.
(3)
Preservation Commission review procedures.
(a)
Timeline. Within 45 days from receipt
of a completed nomination, unless as extended by mutual agreement
of the property owner(s), applicant and Director of Economic and Community
Development, the Preservation Commission shall conduct a public hearing
on the nomination of a historic landmark or historic district.
(b)
Public notice. Notice of the public
hearing shall be distributed at least 15 days prior to the hearing,
in the following manner:
[1]
By mail. Notice shall be sent by
mail to the owner(s) of record and to the nominators, as well as to
property owners adjoining the nominated historic landmark or historic
district. Notice shall include the date, time, place, and purpose
of the public hearing and a copy of the completed nomination form.
[2]
Newspaper. Notice shall also be published
in a newspaper having general circulation in the City. Notice shall
include the date, time, place, and purpose of the public hearing and
shall state the street address and legal description of the nominated
landmark and/or the boundaries of a nominated historic district.
(c)
Public hearing. Oral or written testimony
concerning the significance of the nominated historic landmark or
historic district shall be taken at the public hearing from any person
concerning the nomination. The owner of any nominated landmark or
of any property within a nominated historic district shall be allowed
reasonable opportunity to present evidence regarding significance
and shall be afforded the right of representation by counsel and reasonable
opportunity to cross-examine expert witnesses. The hearing shall be
closed upon completion of testimony.
(d)
Recommendation and report. Within
60 days from receipt of a completed nomination, the Preservation Commission
shall make findings and a recommendation as to whether the nominated
landmark or historic district meets the criteria for designation and
adopt such findings by resolution. The resolution shall be accompanied
by a report to the Planning Commission containing the following information:
[1]
Explanation of the significance or
lack of significance of the nominated landmark or historic district
as it relates to the criteria for designation;
[2]
Explanation of the integrity or lack
of integrity of the nominated landmark or historic district;
[3]
In the case of a nominated landmark
found to meet the criteria for designation:
[a]
The significant exterior
architectural features of the nominated landmark that should be protected;
[4]
In the case of a nominated historic
district found to meet the criteria for designation:
[5]
(Reserved)
[6]
The relationship of the nominated
landmark or historic district to the ongoing effort of the Preservation
Commission to identify and nominate all potential areas and structures
that meet the criteria for designation;
[7]
Recommendations as to appropriate
permitted uses, special uses, height and area regulations, minimum
dwelling unit size, floor area, sign regulations, and parking regulations
necessary or appropriate to the preservation of the nominated landmark
or historic district;
[8]
A map showing the location of the
nominated landmark and the boundaries of the nominated historic district.
(e)
Transmittal to Planning Commission.
The recommendations and report of the Preservation Commission shall
be sent to the Planning Commission within seven days following the
vote on the resolution and shall be available to the public in the
Office of the City Clerk.
(4)
Planning Commission review procedures.
(a)
Timeline. The Planning Commission
shall schedule a public hearing on the nomination within 30 days following
receipt of a report and recommendation from the Preservation Commission
regarding a nomination for a historic landmark or historic district.
(c)
Public hearing. Public hearings shall be conducted in the manner provided in § 44-1705. The Preservation Commission may present expert testimony or present its own evidence regarding the compliance of the nominated historic landmark or historic district with the criteria for consideration of a nomination set forth in § 44-804B(2).
(d)
Determination by Planning Commission. Within 30 days following close of the public hearing, the Planning Commission shall make a determination, based upon the evidence presented, as to whether the nominated historic landmark or historic district meets the criteria for designation. Such a determination shall be passed by resolution of the Planning Commission and shall be accompanied by a report stating the findings of the Planning Commission concerning the relationship between the criteria for designation in § 44-804B(2) and the nominated historic landmark or historic district and all other information required by § 44-804B(3). A concurring vote by a 2/3 of Planning Commission members then holding office shall be required to reach a determination that a nominated historic landmark or historic district does not meet the criteria for designation.
(e)
Notification of determination. Within
seven days following determination by the Planning Commission, notice
of the Planning Commission's determination, including a copy of the
commission's resolution and report, shall be sent to the following
parties:
(5)
Appeal. A determination by the Planning Commission that the nominated historic landmark or historic district does not meet the criteria for designation shall be a final administrative decision reviewable under the Illinois Administrative Review Act provided, however, that the nominator or any owner of the nominated landmark or of property within the nominated historic district may within 30 days after the postmarked date of the notice of the determination, file with the City Clerk a written appeal to the Council pursuant to the procedures contained in Article XVII of this Code.
(6)
City Council action.
(a)
Timeline. The City Council shall
act upon a nomination to designate a historic landmark or historic
district, or upon an appeal of the Planning Commission's findings
to deny such nomination, within 60 days after receiving the Planning
Commission's recommendation or a written appeal. The Council's action
to deny historic designation or to reject an appeal shall be made
in the form of a resolution; approval shall be made by ordinance.
Any resolution or ordinance shall be accompanied by a written statement
explaining the reasons for the Council's action.
(b)
Public hearing. The City Council may hold a public hearing before enacting the resolution or ordinance and provide notice and take testimony in the same manner as provided in § 44-804B(4)(a) and (b).
(c)
Notification of action. Within seven
days following City Council action on a nomination or appeal, the
City Clerk shall provide written notification of the action of the
Council by regular mail to the nominator, the appellant, and/or the
owner(s) of record of the nominated landmark or all owners of record
of properties within a nominated historic district. The notice shall
include a copy of the designation ordinance or resolution passed by
the Council. A copy of each designation ordinance shall be sent to
the Preservation Commission, the Planning Commission, and the Director
of Economic and Community Development.
[Amended 10-26-2020 by Ord. No. 2020-69]
(d)
Designating ordinance. Upon designation, the historic landmark or historic district shall be classified as a "S-4 Historic Preservation District" overlay district as provided in § 44-804A of this Code. The designating ordinance may prescribe the significant exterior architectural features; the types of construction, alteration, demolition, and removal, other than those requiring a building or demolition permit that should be reviewed for appropriateness; the design guidelines for applying the criteria for review of appropriateness; and sign regulations. Procedures for issuance of certificates of appropriateness are contained in Article XVII of this Code.
(e)
The City Clerk shall record on all directly affected parcels,
in the office of the Recorder of Deeds of McLean County, a certified
copy of the designating ordinance, including all exhibits and any
supporting information or documents necessary to further the explanation
of significance of the landmark or historic district.
[Added 2-27-2023 by Ord.
No. 2023-19]
(7)
Interim control. No building permit shall
be issued by the Director of Economic and Community Development for
alteration, construction, demolition, or removal of a nominated historic
landmark or of any property or structure within a nominated historic
district from the date of the Preservation Commission meeting at which
a nomination form is first presented until the final disposition of
the nomination by the City Council unless such alteration, removal,
or demolition is authorized by formal resolution of the City Council
as necessary for public health, welfare, or safety. Unless extended
by mutual agreement of the property owner(s), applicant and Director
of Economic and Community Development, the delay of the permit shall
not exceed 180 days.
[Amended 10-26-2020 by Ord. No. 2020-69]
C.
Amendment and rescission of designation.
Designation may be amended or rescinded upon application to the Preservation
Commission and compliance with the same procedure and according to
the same criteria set forth herein for designation.
D.
Bulk regulations.
(1)
The following bulk regulations shall apply
to all permitted uses:
(a)
Lot regulations. To the extent that
existing lot patterns, including lot size, shape, and orientation,
contribute to the character of the S-4 Historic Preservation District,
it is the intent of this section to encourage continuation of such
patterns and prevent future fragmentation of landownership in a manner
that would be inconsistent with, or have adverse effects on such character.
[1]
Lots or portions of lots existing at the time of the S-4 Historic Preservation District designation may be combined subject to compliance with the designating ordinance and the general exceptions cited in § 44-902 of this Code.
[2]
Lots or combinations of lots or portions thereof may only be reduced in width, depth, or area subject to compliance with the standards of the underlying zoning district, the designating ordinance, and approval by the Preservation Commission in accordance with the procedures defined in Article XVII of this Code.
(b)
Yard regulations. Subject to the general exceptions cited by § 44-902 of this Code and compliance with the standards of the underlying zoning district and designating ordinance, front yards, side yards, rear yards or portions thereof may be reduced in width, depth, or area only upon approval by the Preservation Commission in accordance with the procedures defined in Article XVII of this Code.
(c)
Height regulations.
[1]
Existing buildings or structures. Subject to the general exceptions cited by § 44-902 of this Code and compliance with the standards of the underlying zoning district and designating ordinance, the height of buildings or structures or portions thereof may be altered only upon approval by the Preservation Commission in accordance with the procedures defined in Article XVII of this Code.
[2]
New buildings or structures. Subject to the general exceptions cited by § 44-902 of this Code and compliance with the standards of the underlying zoning district and designating ordinance, a building or structure may be constructed, placed, or erected to any height above grade only upon approval by the Preservation Commission in accordance with the procedures defined in Article XVII of this Code.
(d)
Building permit review. A building permit authorizing a new building or structure, or an exterior alteration or addition to any existing building or structure shall only be issued by the Director of Economic and Community Development subject to compliance with the designating ordinance and subsequent to review and approval by the Preservation Commission in accordance with the procedures defined in Article XVII of this Code.
[Amended 10-26-2020 by Ord. No. 2020-69]
