City of Columbia, IL Applications and Certificate of Appropriateness

The name and address of the property owner.

The legal description and common street address of the property.

A written statement describing the property and setting forth reasons in support of the proposed designation.

Documentation that the property owner has been notified or consents to the application for designation.

A list of significant exterior architectural features that should be protected.

(6)

An overall site plan and photographs of the landmark. The plan shall also include a front, side, and rear elevation drawing.

For an historic district:

The names and addresses of the property owners.

A map delineating the boundaries of the area to be designated.

A written statement describing the area and properties within the proposed historic district, and setting forth reasons in support of the proposed designation.

A list and photographs of significant exterior architectural features of all properties in the district that should be protected.

§ 187-5.2 Certificate of appropriateness required.

A COA issued by the CHPC shall be required before any alteration in the current design or materials of any designated historic landmark or any building, structure, or site, or part thereof, in a designated historic district, when such alteration would be visible from a public right-of-way (including alleys). Even alterations from current condition intended to return a structure to its original or historic condition shall require a COA.

A COA shall not replace, and must be obtained in addition to, all other applicable City permits such as building or demolition permits and zoning clearances.

An exception to the COA requirement 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.

A COA shall not be required for ordinary maintenance when such maintenance does not result in a change in the design or materials of the building, structure, or site being maintained.

A COA is required for landscaping only if one of the following is true:

[Amended 10-17-2011 by Ord. No. 2900; 1-3-2012 by Ord. No. 2922]

Another City permit is required (such as landscaping required by zoning for parking lots); or

A tree greater than 14 inches in diameter is to be cut down (trees of that size have existed long enough to be considered important elements of the overall environment of a landmark or historic district, and hence are worth protecting); excepting that

Governing bodies of cemeteries in the City of Columbia are authorized to make decisions concerning the preservation and removal of any or all trees in their respective cemeteries without requiring a COA (The primary historical assets of any cemetery are the grave markers that bear witness to our predecessors, and while trees, particularly cedar trees, are part of the iconography of historic cemeteries, they can become the implement of destruction to the primary assets of the cemetery.)

§ 187-5.3 Natural destruction or demolition.

In the case of partial or complete natural destruction or demolition of a site within an historic preservation district, or of a landmark, the owner will be required to obtain a COA 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:

The exterior design of the structure prior to damage;

The character of the historic preservation district.

§ 187-5.4 Application for certificate of appropriateness.

Every application for a demolition permit or a building permit, including plans and specifications, shall be forwarded by the Building Official to the CHPC within 15 days following receipt of the application by the Building Official.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The application for issuance of a COA must include:

The street address of the property involved.

The legal description of the property involved.

A brief description of the present improvements situated on the property.

A detailed description of the construction, alteration, demolition, or use proposed, together with any architect 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 the final appearance and use of the real estate will be.

The owner's name.

(6)

The developer's name, if different than the owner.

(7)

The architect's name, if any.

(8)

A filing fee is required.

§ 187-5.5 Standards for certificates of appropriateness.

[Amended 10-17-2011 by Ord. No. 2900; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The Columbia Heritage and Preservation Commission applies general standards derived from the Secretary of the Interior's Standards for Rehabilitation, adopted and supplemented by local standards, to fit specific situations encountered in Columbia. The key to successful rehabilitation is in maintaining characteristic details and the historic fabric of the structure.

The decision to approve or deny an application for a COA shall include, but not be limited to, the following considerations:

A reasonable effort shall be made to use a building, structure, or site for its originally intended purpose, or for a purpose requiring minimum alteration to the premises;

When introducing new exterior elements, materials equivalent to those already existing on the structure should be used;

Buildings should not be made to look either older or newer than they really are by using details from another style or period;

Original materials or details should not be removed from a building when they can be repaired;

The distinctive historic and architectural character of a building should be retained through regular maintenance and repair.

The compatibility of proposed new additions or construction to the original architecture of the landmark or styles within the historic district shall be evaluated against these guidelines and subsidiary considerations as developed by the Commission.

The focus of design guidelines for new construction is on ensuring the compatibility of the new with what already exists in the immediate vicinity. These design guidelines are not intended to dictate style but to set up criteria under which any new designs can be objectively compared with the setting of the particular historical district. It is strongly recommended that owners of buildings consult with the Commission in the early planning stages of a new construction project.

New construction should be compatible with existing structures in the immediate area in the following ways:

Size, height, and setback of structures;

Relationship of the structure to the open space between it and neighboring structures;

Exterior features, such as window sill or header lines, the proportion of window and door openings to the overall facade, and the horizontal or vertical emphasis of major building elements; and

Building materials.

Demolition of historical buildings irreversibly alters the character of the individual site, streetscape, building or district grouping. Demolition of buildings and structures in historical districts or of landmark structures should be a last alternative when all other avenues of protecting historic buildings and structures has been exhausted.

Demolition is not permitted within historical districts or on historic sites unless one of the following conditions exists:

The demolition request is for an inappropriate addition, a nonsignificant portion of a building, or nonsignificant accessory structure, provided the demolition will not adversely affect those parts of a building or buildings which are significant, as determined by the Columbia Heritage and Preservation Commission; or

The demolition request is for a noncontributing building and the demolition is required by the public safety because of an unsafe or dangerous condition; or

The Building Official of the City of Columbia certifies that the demolition is required by public safety because of an unsafe or dangerous condition; or

The property owner shows that failure to allow demolition would create an unreasonable economic hardship as defined in § 187-1.2 of this chapter; or

The property owner shows that no reasonable economic return may be gained from the property.

Any vacant lots within an historic district should be sodded or seeded with grass, and the grass kept cut to acceptable standards for a residential neighborhood.

§ 187-5.6 Hearing on application for certificate of appropriateness.

Applications for a COA shall be available from the City Clerk. Applications shall be completed and submitted to the City Clerk, who shall forward them to the CHPC. The Commission shall schedule a public hearing for consideration of the application within 15 days of receipt of the application. A public notice for consideration of the application shall be published no less than 15 days nor more than 30 days before a hearing, in a newspaper of general circulation published in the City.

If the CHPC finds at the time that the application merits further consideration, then the Commission may table the request until its next regularly scheduled meeting.

§ 187-5.7 Issuance of certificate of appropriateness.

The CHPC shall notify the applicant of its decision within five days after the public meeting. Upon approval of the application, the Commission shall issue a signed COA to the applicant, with copies forwarded to the Building Official and the City Council. If the application for COA is denied by the Commission, the applicant can request appeal in accordance with the provisions of §§ 187-5.12 and 187-5.13 of this chapter.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

A COA shall be invalid if changes in the plans reviewed by the Commission are necessary in obtaining the building permit, or if the building permit issued for the same work becomes invalid. The COA remains valid for the same period of validity as the building permit.

§ 187-5.8 Unreasonable economic hardship.

If, notwithstanding a proposed construction, alteration, removal or demolition may be inconsistent with the criteria of this chapter, failure to grant a COA will involve an unreasonable economic hardship to the applicant, the Commission may grant the COA to allow the performance of work which otherwise would be denied upon its findings that there will not be a substantial detriment to the public welfare nor substantial derogation from the purposes of this chapter.

In order to enable the Commission to determine unreasonable economic hardship, the applicant shall, at the time of the public hearing or meeting at which the application for a COA is considered, produce all relevant information in affidavit form, including:

Amount paid for property and date of purchase;

Recent assessed value, real estate taxes, annual debt service, appraisals obtained in previous years;

Listing of offers to sell or rent the property and any offers received to purchase or rent the property;

Financial information relating to income and expenses on the property over a period of at least five years pending the year of application;

Any additional information which fully explains the economic hardship which would result from denial of the COA for the permit.

If the Commission finds that a proposed construction, alteration, removal or demolition is inconsistent with the criteria of this chapter and issuance of a COA would cause substantial detriment to the public welfare or substantial derogation from the purposes of this chapter, but that denial of the permit would cause an economic hardship for the applicant, the Commission may order a postponement of any action on the application for a period not to exceed six months. During this period, the Commission shall investigate alternatives to provide for a reasonable beneficial use or a reasonable economic return, or to otherwise preserve the subject property and improvements. If, by the end of the six-month period, the Commission has found that without approval of the proposed work, the property and improvements cannot be put to a reasonable beneficial use or the owner cannot obtain any reasonable economic return, the Commission shall grant the COA for the proposed work. In case a COA is denied, the applicant may, within 15 working days, appeal the Commission's decision to the City Council. The City Council may affirm, modify or reject the decision, after due consideration of the facts contained in the record submitted to the City Council by the Commission.

When granting a COA under this section, the Commission shall indicate the reasons for issuance, and may prescribe any conditions or limitations that are necessary to minimize the adverse impact of the requested construction, alteration, removal or demolition.

§ 187-5.9 Review of zoning applications.

Whenever an application or petition for a Zoning Map amendment or bulk area variance is submitted to the City's Plan Commission or a special use permit application is submitted to the City's Zoning Board of Appeals or other change is submitted to the appropriate municipal board for property which is a landmark or which is within an historic district in the City, a notice of any public hearing to be held on the application by the board shall be sent to the CHPC with a copy of the application for the proposed change. The Commission may submit comments, requests and recommendations to the subject board for its consideration at the hearing.

§ 187-5.10 Emergency procedures.

Whenever the City Council is to consider a resolution or ordinance that would declare a building or structure as unsafe and dangerous, the City Council shall immediately give notice of the pending resolution or ordinance to the Chairman of the Commission. In the event that a landmark or historic structure is to be considered by said resolution or ordinance as unsafe or dangerous, the Chairman shall convene a special meeting of the Commission to review the proposed resolution or ordinance and to make recommendations to the City Council prior to final action on the resolution or ordinance by the City Council.

In the event that a landmark or historic structure is determined by the City Council to constitute an imminent threat to the safety of life, health or property, immediate repairs necessary to render the building or structure safe, including demolition, may be undertaken without review by the Commission.

§ 187-5.11 Fees.

The CHPC may establish an appropriate system of processing fees for the review of nominations and certificates of appropriateness. Such fees will be as indicated in the City's annual fee ordinance as per Chapter 165, Article II, of the Columbia Municipal Code.

§ 187-5.12 Appeals.

In the event of a denial of an application for a COA, the CHPC 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.

Within 15 days of receipt of the notification of disapproval, the applicant may resubmit an amended application that takes into consideration the recommendations of the CHPC. The application shall be considered to be withdrawn if no written modification or request for public hearing is received. Within 15 days of receipt of a written modification, the Commission must either issue the COA or hold a hearing.

§ 187-5.13 Hearing and findings on appeal.

The CHPC shall select a reasonable time and place for the hearing of the appeal, and give due notice thereof to the applicant by mailing notice of the hearing, this mailing to be made at least 10 days prior to the date of hearing.

Notice of the time and place of the public hearing shall be published at least once, not less than 15 days nor more than 30 days before the hearing, in a newspaper of general circulation published in the City.

The Chairperson shall conduct the hearing. The Commission and the applicant shall have the right to introduce evidence and cross-examine witnesses. A recorded or written transcript of the hearing shall be made and kept.

The Commission shall vote, announce its decision, make its recommendations, and notify the Building Official, City Council and the applicant within five days after the conclusion of the public hearing, unless the time is extended by mutual agreement between the Commission and the applicant.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

In the event of a denial of an application for a COA on appeal by the Commission, the applicant may appeal the decision to the City Council, whose decision in this matter shall be final, subject only to judicial review as provided by law.

§ 187-5.14 Penalty.

[Amended 4-20-2015 by Ord. No. 3180]

The Commission may recommend that the City of Columbia, with the approval of the City Council, apply to the Circuit Court for a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter, notwithstanding the existence of other remedies. Any such injunction may be issued without notice and without bond.

In addition to other remedies provided by law, appropriate action may be instituted to correct a violation of this chapter, including, but not limited to, requiring the restoration of property and improvements to their original appearance prior to the violation. If a court shall find that an act or omission was willful, then the court may, in addition to any compensation, award damages for the sake of example and by the way of punishment.