Any person, group of persons, or association, or the Commission
may apply to the City Council for the designation of a landmark or
historic district. Applications for a nomination shall be filed with
the City Clerk. Persons wishing guidance or advice prior to completing
an application may contact the City Clerk. 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 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.
B. For an 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 proposed historic district, and setting forth reasons in support
of the proposed designation.
(4)
A list and photographs of significant exterior architectural
features of all properties in the district that should be protected.
[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.
A. The decision to approve or deny an application for a COA shall include,
but not be limited to, the following considerations:
(1)
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;
(2)
When introducing new exterior elements, materials equivalent
to those already existing on the structure should be used;
(3)
Buildings should not be made to look either older or newer than
they really are by using details from another style or period;
(4)
Original materials or details should not be removed from a building
when they can be repaired;
(5)
The distinctive historic and architectural character of a building
should be retained through regular maintenance and repair.
B. 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.
C. 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.
D. New construction should be compatible with existing structures in
the immediate area in the following ways:
(1)
Size, height, and setback of structures;
(2)
Relationship of the structure to the open space between it and
neighboring structures;
(3)
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
E. 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.
F. Demolition is not permitted within historical districts or on historic
sites unless one of the following conditions exists:
(1)
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
(2)
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
(3)
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
(4)
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
(5)
The property owner shows that no reasonable economic return
may be gained from the property.
G. 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.
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.
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.
[Amended 4-20-2015 by Ord. No. 3180]
A. 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.
(1)
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.
(2)
Any action to recover for such loss, damage or injury may be
brought in a Circuit Court of competent jurisdiction by any person
or party (to include a corporation, partnership or other legal entity)
who is a resident of or owns property in the City of Columbia, Illinois.
In every case of a recovery of damages by any person or party under
the provisions of this chapter, the plaintiff shall be entitled to
a reasonable attorney's fee to be fixed by the court, which fee shall
be taxed and collected as part of the cost of the case.
B. Any person who causes the alteration of any landmark, or any improvement
or area within an historic district, which said alteration requires
a permit from the City, and who does so without obtaining a COA from
the Commission, upon conviction shall be punished by a fine of not
less than $100 nor more than $750. Each day that a violation exists
shall constitute a separate offense.
C. Any person who causes the demolition of any landmark, or any improvement
or area within an historic district, which said demolition requires
a permit from the City, and does so without obtaining a COA from the
Commission, upon conviction shall be punished by a fine not less than
$100 nor more than $750.
D. Any and all monies collected pursuant to the above Subsections
B and
C of this section shall be deposited in the City corporate general fund and may be used and expended for general municipal corporate uses and purposes as the Columbia City Council shall decide.