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HomeMy WebLinkAboutORDINANCES-2018-029-O-182/6/2018 3/9/2018 3/22/2018 29-0-18 AN ORDINANCE Amending Title 2, Chapter 8 of the Evanston City Code, "Historic Preservation" NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: City Code Title 2, Chapter 8, "Historic Preservation" of the Evanston City Code of 2012, as amended ("City Code"), is hereby amended in its entirety and shall read as follows: CHAPTER 8 - HISTORIC PRESERVATION 2-8-1. - STATEMENT OF PURPOSE. The purpose of this Chapter is to promote the educational, cultural, economic and general welfare of the City by. (A) Identifying, preserving, protecting, enhancing and encouraging the continued utilization and the rehabilitation of such districts, sites, buildings, structures, and objects having a special historical, community, architectural or aesthetic interest or value to the City and its citizens, as described in 65 ILCS 5/11-48.2-1. (B) Safeguarding the City's historic and cultural heritage, as embodied and reflected in such districts, sites, buildings, structures, and objects determined eligible for designation by ordinance as landmarks and historic districts; (C) Fostering civic pride in the beauty and noble accomplishments of the past as represented in such landmarks and districts; (D) Protecting and enhancing the attractiveness of the City to everyone, including homeowners, home buyers, tenants, tourists, visitors, students, employers, employees, and businesses, and thereby supporting and promoting business, commerce, industry and tourism, and providing economic benefit to the City; (E) Fostering and encouraging preservation, restoration and rehabilitation of districts, sites, buildings, structures, and objects, including entire districts and neighborhoods, and thereby preventing future urban blight and neighborhood deterioration; (F) Fostering the education, pleasure, and welfare of the people of Evanston through the designation of landmarks and districts; 29-0-18 (G) Encouraging orderly and efficient development that recognizes the special value to the City of protecting districts, sites, buildings, structures, and objects as landmarks and districts; (H) Continuing surveys and studies of Evanston's historical and architectural resources and maintaining and updating a register of districts, sites, buildings, structures, and objects that may be worthy of landmark designation; and (1) Encouraging public participation in identifying and preserving historic and architectural resources through public hearings on proposed designations, as well as reviewing and recommending applications for certificates of appropriateness ("COX) economic hardship, or special merit. 2-8-2. - DEFINITIONS. In the event of a conflict between the following definitions and the definitions included in any other ordinance of the City of Evanston, the following definitions shall control: ALTERATION. Any act or process requiring a building permit or demolition permit, or any act or process included in Subsection 2-8-8(A)2 of this Chapter, that changes one or more of the historic, cultural, architectural or archaeological features of a district, property, structure, site or object, including, but not limited to, the erection, construction, reconstruction relocation, land altering activity, or subdivision of any site, building, structure or object, or any part of a site, building, structure or object. APPLICANT. A person who submits an application for issuance of a certificate of appropriateness, certificate of economic hardship or certificate of special merit; recommendation for planned development, subdivision, re -subdivision, or consolidation; appeals; or landmark and historic district nominations. APPLICATION. A submission for approval of alteration, construction, demolition or relocation that requires issuance of a certificate of appropriateness, certificate of economic hardship or certificate of special merit; a recommendation for planned development, subdivision, re -subdivision, consolidation; appeals; or landmark and historic district nominations. AREA. A specific geographic division of the City of Evanston. —2— r• • BUSINESS DAY. A day on which the Division of Planning and Zoning is open for business. CERTIFICATE OF A certificate issued by the Commission indicating review APPROPRIATENESS. and authorization of plans for alteration, construction, demolition, or relocation of a landmark, or site, building, structure, or object within a district. CERTIFICATE OF A certificate issued by the Commission after a ECONOMIC determination by the Commission that the previous denial HARDSHIP. of a certificate of appropriateness has resulted in a denial of all reasonable use of and return from the site, building, structure, or object or property. CERTIFICATE OF A certificate issued by the City Council, after the SPECIAL MERIT. Commission's previous denial of a certificate of appropriateness, upon a determination by the City Council that the proposed project meets the criteria and standards in Subsections 2-8-11(B) and (C) of this Chapter. COMMISSION. The Evanston Preservation Commission. COMMISSIONER. An individual appointed by the Mayor, with the advice and consent of the City Council, to the Evanston Preservation Commission. CONSTRUCTION. The act of adding onto an existing structure or erecting of a new principal or accessory structure on a property or site that requires a building permit. CONTRIBUTING. A classification applied to a site, building, structure, or object within a local historic district signifying that it contributes generally to the qualities that give the district historic, cultural, architectural or archaeological significance as embodied in the criteria for designating a district. A site, building, structure, or object can be contributing even if it has been altered, as long as it maintains the character defined for the district. COUNCIL or CITY The City Council of the City of Evanston, Illinois. COUNCIL. DAPR The City of Evanston Design and Project Review —3— 29-0-18 Committee DEMOLITION. Any act or process that permanently removes all or any structural or visible architectural part of an exterior wall, foundation, interior or exterior column or load bearing wall, roof structures, or any structural or visible architectural part of a landmark or a site, building, structure, or object, located within a local historic district. DESIGN GUIDELINE. Any design standard specified by the Commission for alteration, construction, or relocation that is unique to a particular landmark or district to be used in conjunction with other standards for review in this Chapter, and the United States Secretary of Interior's Standards for the Treatment of Historic Properties, as amended. DEVELOPMENT PLAN. A plan, approved by the City Council, for the development of a specific site, which includes a written description of the structure or structures to be constructed on the site and the intended use of the structures. A development plan includes, but is not limited to, any plan approved as a "planned development" (as defined in the City's Zoning Ordinance), and a plan approved by City Council. DIVISION OF BUILDING The Evanston Division of Building and Inspection AND INSPECTION Services, a division of the Department of Community SERVICES: Development. DIVISION OF The Evanston Division of Planning and Zoning, a division PLANNING AND of the Department of Community Development. ZONING. ENTITY. A corporation, limited liability company, governmental agency, business trust, estate, trust, partnership, or association having a single or joint or common interest. EXTERIOR The architectural character and general composition of ARCHITECTURAL the exterior of a site, building, structure or object, visible APPEARANCE. from a public street or public way, including but not limited to the kind and texture of the building material and the type, design and character of all architectural details and elements, including, but not limited to, roofs, eaves, windows, walls, doors, stairs, balustrades, railings, light fixtures, trim and signs. For purposes of this Chapter, —4— 29-0-18 public way does not include Lake Michigan. LAND ALTERING Any act or process requiring a permit that changes one or ACTIVITY. more of the historic, cultural, architectural, or archaeological features of an area, district, property, or site, including but not limited to, berming, scraping, leveling, grading, pile driving, excavating, paving, hard scape, and compacting. LOCAL HISTORIC An identifiable area with definable boundaries designated DISTRICT. as "Historic District" by the City Council and in which a significant number of the sites, buildings, structures, or objects have a high degree of historic, cultural, architectural or archaeological significance and integrity. Many of the sites, buildings, structures, or objects included in the district may qualify as landmarks and may or may not be contiguous. For purposes of this Chapter, and unless otherwise expressly provided by Council in the ordinance for designation, all district designations shall presumptively include all of the lot(s) of record associated with sites, buildings, structures, and objects located in the district. LOCAL LANDMARK. A building, structure, site or object designated as a "landmark" by the Council that has a high degree of historic, cultural, architectural or archaeological significance to the City of Evanston. For purposes of this Chapter and unless otherwise expressly provided by Council in the ordinance for designation, all designations shall presumptively include the lot(s) of record associated with the structure or object designated as a landmark. LOT OF RECORD. Parcel of land that is part of a subdivision, the plat of which has been recorded in the office of the Recorder of Deeds of Cook County, or a parcel of land, the deed to which has been recorded in the office of the Recorder of Deeds of Cook County. MEMBERS. Members of the Evanston Preservation Commission. NOMINATOR. A person, or persons or entity who submit a form for the designation of a local landmark or local historic district. —5— NONCONTRIBUTING. A designation applied to a site, building, structure, or object within a district indicating that it is not a representation of the qualities that give the district historic, cultural, architectural or archaeological significance as embodied in the criteria for designating a district. OBJECT. Anything constructed, fabricated or created, the use of which does not require permanent or semi -permanent location on or in the ground, and can be moved from one location to another, including without limitation: ships, boats, railroad cars, automobiles, wagons, tractors, statues and works of art. OWNER OF For purposes of this Chapter, owner of record shall mean RECORD. any person having a legal or equitable interest in a property. The owner of record shall be established by reference to the most current property tax assessment rolls as maintained by the Assessor of Cook County. PERSON. One (1) or more individuals or entities. PLAN COMMISSION. The Evanston Plan Commission. PROJECT. Any alteration, construction, demolition or relocation of an area, site, building, structure, or object. PROPERTY. A site, building, structure, or object and any associated land or lot of record. RELOCATION. Any repositioning of a building, structure, or object on its site or to another site. REPAIR. Any change, repair, restoration to an area, site, building, structure, or object that is not alteration, construction, relocation or demolition. RULES. The rules and procedures of the Evanston Preservation Commission. SITE. The location of a building, structure, object, activity or event. —6— 29-0-18 STRUCTURE. Anything constructed or erected, the use of which requires, directly or indirectly, a permanent location on or in the ground, including without limitation buildiings, garages, fences, gazebos, fountains, solar panels, water features, mechanical equipment, signs, billboards, antennas, satellite sending or receiving dishes or towers, swimming pools, walks, walls, steps, sidewalks and works of art. 2-8-3. - EVANSTON PRESERVATION COMMISSION. (A) Composition. 1. The Evanston Preservation Commission is hereby reestablished, and the same shall consist of up to eleven (11) citizen members, each of whom shall reside in the City, and shall have demonstrated interest, knowledge, ability and experience or expertise in architectural restoration, rehabilitation or neighborhood conservation or revitalization. The membership positions shall be filled by appointment by the Mayor with the advice and consent of Council. Each Commissioner shall have one (1) vote. 2. Ex Officio Members and Associates. (a) In addition to the Commissioners appointed pursuant to Subsection 2-8-3(B), the following persons or their designee shall be deemed ex officio members of the Commission. (1) The Mayor. (2) A member of the Council. (3) A member of the Evanston Plan Commission. (4) The Director of the Community Development Department. (5) The City Manager. (6) The Director of Public Works Agency. (b) The Commission may from time to time utilize the assistance of other residents of the City (including former Members) whose expertise and interest shall be deemed necessary or desirable to further the work of the Commission. (c) All Ex Officio members (and other associates who are not current Members) shall be nonvoting. (B) Appointment, Terms, Vacancies and Relocation. 1. Commissioners shall be appointed by the Mayor with the advice and consent of Council for terms of three (3) years. Appointments shall be staggered so that the terms of not more than four (4) Commissioners shall expire in any calendar year. A Commission member may be reappointed only once. 2. When a vacancy is created by the removal, resignation, or death of a member prior to the expiration of that member's term, the member appointed to fill this vacancy shall be appointed to a full term. =0 29-0-18 3. Commissioners shall not be eligible to serve more than two (2) consecutive full terms. Each commissioner serving on the commission at the time of the adoption of this chapter shall be allowed to continue to serve through the end of his/her term. 4. Any commissioner may be removed from office at any time by the Mayor for failure to regularly attend meetings or inattention to duties and responsibilities. (C) Compensation. Commissioners and members shall serve without compensation. (D) Officers. 1. Officers of the commission shall consist of a chair, vice chair, and secretary elected by the commissioners at the January meeting of the Commission. 2. The chair, vice chair and secretary and any other officers of the Commission shall be elected by the Commission and shall serve a term of one year and shall be eligible for re-election. The secretary shall keep the minutes and a permanent record of all resolutions, motions, transactions and determinations. Such records, unless exempt from disclosure by legislation, shall be public records open to inspection during working hours upon reasonable notice. The secretary shall publish and distribute copies of the minutes, reports and decisions of the Commission to commissioners and members and to others that have been approved by the Commission. The duties of the secretary may be delegated to the City Manager or his/her designee by the chair, vice chair or a majority of the commissioners. 3. In the absence of the chair, the vice chair shall act as chair and shall have all the powers of the chair. The vice chair shall have such other powers and duties as may from time to time be provided by the rules of the Commission. 4. If an officer's term expires prior to the annual January election, a new officer will be elected by the commissioners to serve until the annual election of officers. (E) Meetings, Hearings, Procedures and Decisions. 1. Regular meetings of the Commission shall be held no less frequently than monthly, unless prevented by lack of a quorum or lack of applications for review. Special meetings may be called by the chair or any three (3) commissioners. All meetings, hearings and deliberations shall be open to the public except as may be provided for in the Illinois Open Meetings Act. Testimony at any hearing may be required by the Commission to be given under oath. 2. The Commission shall adopt its own procedural rules for the conduct of its business not inconsistent with the statutes of the state, this Chapter and the Council rules. Such rules shall be filed with the secretary to the Commission and with the City Clerk. Any rule so adopted which relates solely to the conduct of hearings, and which is not required by the statutes of the state or by the City Council or by this chapter, may be waived by the chair upon good cause being shown. ZZ 29-0-18 (F) (G) 3. The Commission, by its rules, may create a subcommittee structure to enhance efficiency in consideration of Commission business. 4. No motion shall be passed by the Commission which could in any manner deprive or restrict the owner of a property, structure, site or object in its use, alteration, maintenance, disposition or demolition until such owner or their representative shall first have had the opportunity to be heard at a public meeting of the Commission., 5. Every final decision of the Commission and every recommendation it makes to the City Council or its duly authorized committee shall include written findings of fact, and shall specify the reason or reasons for such decision or recommendation. 6. The secretary or designated staff shall provide notice of any decision of the Commission to the applicant and any designated interested parties within five (5) business days of such decision. 7. A quorum shall consist of a majority of the currently appointed commissioners for any regular or special meeting. A meeting of the Commission cannot be called to order without establishment of a quorum. Conflicts of Interest. No commissioner or member shall participate in the hearing or disposition of any matter before the Commission in which he/she has a pecuniary interest. Further, commissioners and members of the commission are subject to the Evanston code of ethics, as amended, Title 1, Chapter 10 of this Code. Powers and Duties. The Commission shall have the following powers and duties: 1. To conduct an ongoing survey to identify historically, culturally, architecturally and archaeologically significant districts, sites, buildings, structures, and objects. 2. To investigate and make recommendations to the City Council or its duly authorized committee concerning the adoption of ordinances designating districts, sites, buildings, structures, and objects as landmarks and districts. 3. To keep a register of all districts, sites, buildings, structures and objects that have been designated as landmarks or districts by City Council and by ordinance, including all information required as part of each designation. 4. To create an appropriate system for identification of individual landmarks and make recommendations for the design and implementation of specific marking of streets and routes leading from one landmark or district to another, or marking the limits of the district. 5. To advise and assist owners of landmarks and properties, structures, sites or objects within districts on technical aspects of preservation, renovation, rehabilitation and reuse, and for procedures for listing in other registers of significant districts, sites, buildings, structures, and objects, including the National Register of Historic Places. 6. To nominate districts, sites, buildings, structures, and objects to the National Register of Historic Places or other state or local designation and to guide owners in the processes of nominating their properties to the ME 29-0-18 National Register of Historic Places and or other state or local designation. 7. To participate in the "Certified Local Government" program of the National Historic Preservation Act, as amended, and the State Historic Preservation Office; and carry out any responsibilities delegated to the Commission under that program, including review and comment on any National Register nominations submitted to the Commission, attendance at informational and educational programs sponsored by the State Historic Preservation Office, and preparation of an annual report of the activities of the Commission. 8. To inform and educate the citizens of Evanston concerning the historic, cultural, architectural and archaeological heritage of the City by publishing appropriate maps, newsletters, brochures and pamphlets, and by sponsoring programs and seminars. 9. To prepare and distribute application forms for the review of proposed alterations, constructions, demolitions or relocations; to hold meetings and public hearings to review applications for certificates of appropriateness affecting proposed or designated landmarks and districts; to approve or disapprove the issuance of certificates of appropriateness; and to submit written findings regarding any project that is the subject of an appeal from a Commission decision to the Council or its duly authorized committee. To prepare comments on preservation related projects to applications for DAPR or other city internal design review processes. 10. To consider applications for certificates of economic hardship; to hold meetings and public hearings to review applications for certificates of economic hardship affecting proposed or designated landmarks and districts; to approve or disapprove the issuance of certificates of economic hardship and to submit written findings regarding any project that is the subject of an appeal from a Commission decision to the Council or its duly authorized committee. 11. To review applications for certificates of special merit; to hold meetings and public hearings to review applications for certificates of special merit affecting proposed or designated landmarks and districts; and to submit written findings regarding any project that is the subject of an application for a certificate of special merit to the Council or its duly authorized committee. 12. To consider applications for subdivision, re -subdivision or consolidation of areas, properties or sites affecting proposed or designated landmarks and districts; to hold meetings and public hearings to review such applications; and to make advisory recommendations to the council or its duly authorized committee regarding such applications. 13. To review applications for planned developments, major zoning variances, and special uses that affect the exterior of designated landmarks or structures in historic districts and that are visible from the public way, not to include Lake Michigan; to hold meetings and public hearings and/or joint meetings and public hearings with the Plan Commission and/or atom 29-0-18 Zoning Board of Appeals to review applications for planned developments, major zoning variances, and special uses affecting proposed or designated landmarks and districts; and to make advisory recommendations to the Zoning Board of Appeals, Plan Commission and/or the Council or its duly authorized committee regarding the planned development, major zoning variance, or special use application. 14. To develop a description of critical features for review of alteration, construction or relocation of landmarks or properties, structures, or objects in districts consistent with the Secretary of Interior's "Standards for the Treatment of Historic Properties", as amended. 15. To review proposed planned development applications, zoning amendments, applications for conditional uses, applications for zoning variances, or applications for fences that affect proposed or designated landmarks or districts. 16. To review and consider applications for landmark rescissions and to submit written findings regarding landmark rescission. The Commission shall consider whether the landmark or district no longer meets the criteria for designation, and make a recommendation to the Council or its duly authorized committee as provided in Subsection 2-8-5(E), including a report concerning whether the landmark or district does or does not continue to retain significance and integrity. 17. To administer, on behalf of the City, any property or full or partial interest in property, including preservation or conservation easements, that the City may have or accept as a gift or otherwise, upon authorization and approval by the Council. 18. To apply for, accept, and administer on behalf of the City such gifts, grants and money as may be appropriate for the purposes of this Chapter, upon authorization and approval by the Council. 19. To call upon available City staff members as well as other experts for technical advice. 20. To testify before all boards and commissions, including DAPR, the Plan Commission and the Zoning Board of Appeals, on any matter affecting historically, culturally, architecturally or archaeologically significant areas, sites, structures and objects. 21. To confer recognition upon the owners of landmarks or properties, structures, sites, or objects within districts or other historic preservation efforts by means of certificates, plaques, markers or awards. 22. To assist in the development, review or amendment of a preservation component in the Comprehensive Plan of the City. 23. To periodically review the zoning ordinance of the City, and to make recommendations to the Council concerning any amendments appropriate for the protection and continued use of landmarks or properties, structures, sites or objects within districts. 24. To review and comment to the appropriate department or agency concerning City projects or activities affecting landmarks or districts or -11- 29-0-18 areas, properties, structures, sites or objects eligible for designation as landmarks or districts. 25. To provide by rules for circumstances under which the City Manager or his/her designee may administratively review and issue certificates of appropriateness for certain applications for minor kinds of work without formal review and approval by the commission itself, in accordance with the Commission's rules and procedures. 26. To prepare a list of areas, properties, structures, sites or objects eligible for designation as a landmark or district. 27. To adopt its own rules and procedures. 28. To file a petition with the Community Development Department requesting that the Community Development Department proceed to take action against any owner of record or any other appropriate person or persons in connection with a landmark or property, structure, site or object within a district that is reasonably believed to be in violation of the building code of the City. 29. To consider applications for signs affecting proposed or designated landmarks and districts; to hold meetings and public hearings to review such applications; and to make advisory recommendations to DAPR regarding such applications. 30. To undertake any other action or activity necessary or appropriate to the implementation of its powers and duties or to implementation of the purposes of this Chapter. 2-8-4. - CRITERIA FOR DESIGNATION. Every nominated landmark or district must meet one or more of the following specified criteria for designation. (A) The Commission shall limit their consideration to the following criteria in making a determination on a nomination of a district, site, building, structure, or object for designation by ordinance as a landmark or historic district: 1. Its location as a site of an event or activity that is significant to the broad patterns of history of the City, State, Midwest region, or the United States, which may or may not have taken place within or involved the use of any existing improvements on the property; 2. Its identification with a person or persons who significantly contributed to the historic, cultural, architectural, archaeological or related aspect of the development of the City, State, Midwest region or the United States; 3. Its exemplification of an architectural type, style, design, or type of construction distinguished by innovation, rarity, uniqueness or overall quality of design, detail, materials or craftsmanship; 4. Its identification as the work of an architect, designer, engineer, developer, or builder whose individual work is significant in the history or development of the City, the State, the Midwest region or the United States; -12- 29-0-18 5. Its exemplification of important planning and urban design techniques distinguished by innovation, rarity, uniqueness or overall quality of design or detail; 6. Its association with important cultural, social, political, or economic aspects or events in the history of the City, the State, the Midwest region or the United States; 7. Its location as a site of an important historic or prehistoric archaeological resource; 8. Its representation of an historic, cultural, architectural, archaeological or related theme expressed through distinctive districts, sites, (buildings, districts, structures, or objects that may or may not be contiguous; 9. Its unique location or distinctive physical appearance or presence representing an established and familiar visual feature of a neighborhood, community or the City; 10. Its exemplification of a pattern of neighborhood development or settlement significant to the cultural history or traditions of the City, whose components may lack individual distinction. (B) Integrity of Landmarks and Districts. Any district, site, building, structure, or object that meets any one or more of the criteria in Subsection 2-8-4(A) shall also possess sufficient integrity of location, design, setting, materials workmanship, feeling, and association to convey its historic significance. 2-8-5. - NOMINATION, CONSIDERATION AND DESIGNATION OF LANDMARKS AND DISTRICTS. (A) Initiation of Nomination. Local nomination of a district, building, structure, site or object for consideration and designation as a landmark or district shall be submitted to the Commission on a form prepared by the Commission, and may be submitted by any of the following: 1. A Commissioner or member of the Commission. 2. A member of the Plan Commission. 3. A member of the Council. 4. The Mayor. 5. Any resident of the City. 6. Any not -for -profit organization with its principal place of business in the City. 7. An owner of record. (B) Withdrawal of Nomination. A nomination may be withdrawn by the person or persons who submitted the nomination form at any time prior to the Commission scheduling a public hearing under Subsection 2-8-5(C). Requests for withdrawal of a nomination after the Commission schedules a public hearing shall be granted only upon an affirmative vote of at least six (6) Commissioners. (C) Notification of Nomination and Public Hearing. 1. Owners of record shall be notified, by regular mail, of completion and submission of a nomination form within fifteen (15) business days of receipt of the nomination. -13- 29-0-18 (D) (E) 2. The Commission shall hold a public hearing on the nomination within ninety (90) days following receipt of the completed nomination form, subject to continuances granted by the Commission. Notice of the time, place and purpose of such hearing shall be given by the Commission at least five (5) business days prior thereto by the following methods: (a) By mailing of notification to each owner of record of a nominated landmark or owner of record of a property, structure, site or object in a nominated district; and (b) By mailing of notification to every association of residents or owners that has registered with the Commission for this purpose. Procedure. The hearing shall be conducted in accordance with the pertinent Section of the rules of the Commission. The Commission shall consider all testimony or evidence relating to the designation criteria in Subsections 2-8-4(A) and (B), from any person who makes written submissions or appears at the public hearing. The owner of any nominated landmark or of a building, structure, site, lot of record, or object within a nominated district shall be allowed reasonable opportunity to present testimony or evidence concerning the applicability of the designation criteria in Subsections 2-8-4(A) and (B). Recommendation by Commission. Within seventy (70) days following the close of the public hearing, the Commission shall make a determination upon the evidence as to whether the nominated landmark or district does or does not meet the criteria for designation in Subsections 2-8-4(A) and (B). If the Commission determines that the nominated landmark or district does meet the criteria for designation, the Commission shall direct the City Manager or his/her designee to transmit its recommendation to the Council or its duly authorized committee. Such a recommendation shall be passed by a resolution of the Commission and shall be accompanied by a report to the Council or its duly authorized committee containing the following information: 1. Explanation of the significance or lack of significance of the nominated landmark or district as it relates to the criteria for designation; 2. Explanation of the integrity or lack of integrity of a nominated landmark or district; 3. Identification of critical features of the nominated landmark or areas, properties, sites and objects in a nominated district to provide guidance for review of alteration, construction, demolition or relocation; 4. Proposed design guidelines, if any, for review of alteration, construction, demolition or relocation; 5. A map showing the location of the nominated landmark or the boundaries of the nominated district; and 6. A list, including the address, of every property, structure, site and object in each nominated district classifying each as being of contributing significance or noncontributing significance based on their degree of historic, cultural, architectural or archaeological significance. If the Commission fails to make its recommendation within seventy (70) days following the close of the public hearing or if the Commission finds that the nominated landmark or district does not meet the criteria for designation, the —14— 29-0-18 nomination process shall end. If the Commission fails to make its recommendation within seventy (70) days following the close of the public hearing or if the Commission votes not to recommend a proposed designation to the Council or its duly authorized committee, the Commission may not reconsider the proposed designation, except as provided in Subsection 2-8-5(H), for a period of two (2) years from the date of the passage seventy (70) days from the close of the public hearing or the date of the negative Commission vote, whichever is applicable. (F) Notification of Commission Recommendation. Notice of the recommendation of the Commission, including a copy of the report, shall be transmitted to the Council or its duly authorized committee and sent by regular mail to the owner of record of a nominated landmark and to all owners of record within a nominated district, and to the nominator within fifteen (15) business days following adoption of the resolution and report. (G) Designation by Council. 1. The Council shall, within one hundred twenty (120) days after receiving the recommendations of the Commission regarding the nominated landmark or district, and without further required public hearing, either designate the landmark or district by ordinance or reject designation by resolution. In reaching its decision the Council shall review the evidence and testimony presented to the Commission together with any comment from subsequent public hearings. Should Council fail to reach a decision within one hundred twenty (120) days after receiving the recommendations from the Commission, the interim protection provided under Section 2-8-7 shall no longer be enforceable and the nomination shall be deemed denied. 2. The designation of a nominated local landmark or district, shall require the affirmative vote of a simple majority the members of Council. 3. Notice of the Council's approval of the designation ordinance and effective date of the action of the Council shall be provided by regular mail to the nominator, the owner of record of the nominated landmark, or owners of record of all properties within the nominated district. The notice shall include a copy of the designation ordinance and shall be sent within fifteen (15) business days by the Division of Planning and Zoning. A copy of each designation ordinance shall be sent to the Commission, the Plan Commission and the Division of Building and Inspection Services. 4. If the Council has refused to designate a proposed landmark or district, the Commission may not reconsider the proposed designation, except as provided in Subsection 2-8-5(H), for a period of two (2) years from the date of the Council's refusal to designate. (H) Reconsideration of Previously Nominated Landmarks and Districts. The Commission may reconsider previously nominated landmarks and districts within a period of two (2) years of the Commission's failure to make its recommendation within seventy (70) days of the close of the public hearing under Subsection 2-8-5(C) or of the Commission's finding that the nominated -15- 29-0-18 landmark or district does not meet the criteria for designation or of the Council's refusal to designate the proposed landmark or district only where: 1. Significant new information concerning the previously nominated landmark or district relating to the criteria for designation, under Section 2- 8-4, is provided, and 2. The Commission votes by an affirmative vote of at least six (6) Commissioners to reconsider the previously nominated landmark or district. 2-8-6. - AMENDMENT AND RESCISSION OF DESIGNATION. (A) Designation may be amended or rescinded, only after a period of two (2) years following the designation, upon petition to the Commission and compliance with the same procedures and according to the same criteria set forth herein for designation as follows: 1. Petitions for amendment or rescission of a designation may be submitted by the same persons authorized to submit nominations pursuant to Subsection 2-8-5(A). Petitions for amendment or rescission of a designation shall clearly identify those irreversible alterations occurring subsequent to the date of designation that have affected the significance or integrity of the landmark or district. Petitions shall also identify the new information obtained since the date of designation that has affected the understanding of the significance of the landmark or district. 2. Petitions shall not use the following as justification for amendment or rescission: a. Alterations made in accordance with a Certificate of Appropriateness; b. Alterations made following appeal to the Council; C. Alterations made in accordance with an administrative approval. 3. Properly submitted petitions are referred to the Commission for public hearing as provided in Subsection 2-8-5(C). 4. In the case of a rescission of a landmark designation or part or all of a district designation, the Commission shall consider whether the landmark or district no longer meets the criteria for designation, and make a recommendation to the Council or its duly authorized committee as provided in Subsection 2-8-5(E), including a report concerning whether the landmark or district does or does not continue to retain significance and integrity. (B) The Council shall rescind or amend a designation only after all of the above procedures have been followed. The Council shall rescind a designation only upon a finding that the designated landmark or district no longer meets the criteria for designation in Section 2-8-4. 2-8-7. - INTERIM PROTECTION FOR NOMINATIONS. (A) A district, site, building, structure, or object nominated but not yet designated as a landmark or district shall be subject to all the protection provided by this Chapter at the time of submission of a completed nomination to the Commission. —16— 29-0-18 A certificate of appropriateness shall be required and obtained for any alteration, construction, demolition or relocation affecting the exterior architectural appearance of a nominated landmark, in the same manner as required for designated landmarks. A certificate of appropriateness shall be obtained for every demolition or relocation of a structure in a nominated district in the same manner as required for designated districts. (B) Alteration, construction, demolition or relocation commenced pursuant to a permit properly issued prior to submission of a nomination to the Commission shall not require a certificate of appropriateness unless such permit has expired, been cancelled of revoked, or the work is not diligently proceeding to completion. (C) The exceptions to the effects of designation found in Section 2-8-14 shall apply to nominated districts, sites, buildings, structures, and objects. (D) In reviewing applications for certificates of appropriateness affecting nominated landmarks and districts, sites, buildings, structures, and objects in districts during the period of interim controls, the Commission shall review such applications based on the criteria set forth in Section 2-8-9. 2-8-8. - CERTIFICATE OF APPROPRIATENESS. (A) Actions requiring certificate. A certificate of appropriateness shall be required before the following actions affecting the exterior architectural appearance of any landmark or property, structure, site or object within a district may be undertaken: 1. Any alteration, construction or relocation requiring a building permit from the City. 2. Any alteration, construction or relocation that involves the following: (a) Replacement of windows or doors. (b) Addition or replacement of storm windows or doors. 3. Any demolition in whole or in part or land altering activities requiring a permit from the City. (B) Applications for certificate of appropriateness. 1. It shall be unlawful to undertake any of the work specified in Subsection (A) of this Section without first obtaining a certificate of appropriateness from the Commission. Applications for a certificate of appropriateness shall be made on a form prepared by the Commission, and shall be submitted to the Commission. 2. Application forms shall be available from the Commission and the Division of Building and Inspection Services. Applicants may be required to submit plans, drawings, elevations, specifications, and other information as may be necessary for the Commission to adequately review the application. 3. The Commission shall transmit a copy of the application to the Division of Building and Inspection Services within five (5) business days following receipt of a properly completed application. The Division of Building and Inspection Services shall not act upon any permit until the Commission has reviewed the work application and issued a certificate of appropriateness. (C) Review by Commission. -17- 29-0-18 (D) (E) 1. The Commission shall review the application and vote to issue or deny the application within forty five (45) days following receipt of the application. The time to consider the application may be extended with the consent of the applicant. The secretary of the Commission or designated staff shall provide the applicant the time and place of any Commission meeting to consider the application at least five (5) business days prior to the meeting. The applicant or his/her authorized representative shall be allowed to appear and present testimony in regard to the application. 2. The City will provide notice, through the use of a third party service, by first class mail to neighbors of those meetings wherein the Commission shall review applications for Certificates of Appropriateness for any of the following activities: additions to existing structures; construction of new primary structures; relocation of existing primary structures and/or secondary structures; demolition of significant and/or contributing primary structures. Such notice shall be sent to all owners, whose addresses appear on the current tax assessment list as provided by the City, of real property located within a radius of two hundred fifty feet (250') of the subject property. Said distance shall include open space, roads, streets, alleys and other rights -of -way. Such notice shall be sent at least five (5) business days prior to the meeting. The applicant must pay any and all fees and postage associated with mailing such notice pursuant to this Section. The City reserves the right to provide the aforementioned notice by first class mail where the Zoning Administrator finds it necessary. The failure of delivery of such notice shall not invalidate any such hearing. Approval by Commission. If the Commission votes to approve the application, its action shall be the final administrative decision upon the application. The certificate of appropriateness shall be issued to the applicant within five (5) business days following the decision of the Commission. Upon receipt of the certificate of appropriateness the applicant may complete an application to the Department of Community Development and Division of Building and Inspection Services to obtain necessary permits, if any. The certificate of appropriateness shall be valid for a period of one hundred eighty (180) days from the date of issuance by the Commission. Certificates of appropriateness shall not be transferable from the applicant to another subsequent owner of the same property without the consent of the Commission. Disapproval by Commission. If the Commission votes to disapprove the application, the applicant shall be notified within five (5) business days and the notice shall be accompanied by recommendations to the applicant concerning what changes, if any, in the plans and specifications for the proposed alteration, construction, relocation or demolition would protect the distinctive character of the landmark or district and that would cause the Commission to reconsider the application. The Commissions shall make reasonable efforts to confer with the applicant, offer technical guidance, and attempt to resolve differences. The applicant may resubmit an amended application based upon the recommendations of the Commission. 29-0-18 (F) (G) Administrative approvals. Certificates of appropriateness related to applications for certain routine or emergency kinds of work or minor zoning variances, as specified by the Commission in its rules, shall be provided upon review and approval by the City Manager or his/her designee. If the City Manager or his/her designee disapproves the proposed work, the applicant may apply to the Commission for review of the application for the certificate of appropriateness under Subsection (C) of this Section. Appeals. 1. Any applicant, following a denial of a certificate of appropriateness by the Commission, may, within thirty (30) days of the denial apply for appeal to the Planning and Development Committee of the Council. 2. An application for appeal shall be submitted to the Commission on a form prepared by the Commission. Within five (5) business days of submission of an application for appeal by the applicant to the Commission, the Commission shall transmit the application to the Planning and Development Committee of the City Council. 3. If no motion to accept the application for appeal is made and adopted at the meeting of the Planning and Development Committee immediately following receipt of the findings and decision of the Commission and the application for appeal, the decision of the Commission shall be final and may be appealed to the Circuit Court of Cook County. 4. If a motion to accept the application for appeal is made and adopted at the meeting of the Planning and Development Committee held immediately following receipt of the findings and decision of the Commission and the application for appeal, the Planning and Development Committee must affirm, modify or reverse the decision of the Commission within forty five (45) days of the date of approval of the motion to accept the appeal. 5. The Planning and Development Committee shall review the appeal solely on the basis of the record and application of the appropriate standards included in Section 2-8-9 of this Chapter. 6. Denial or grant by the Planning and Development Committee of a certificate of appropriateness is considered a final decision and may be appealed to the Circuit Court of Cook County. 7. The authority to review, grant, and/or deny appeals of certificates of appropriateness pursuant to this Subsection (G) shall vest in the Planning and Development Committee so long as the membership of said Committee consists of all seated Aldermen. Otherwise, said authority rests with the Council or its duly authorized committee. 2-8-9. - STANDARDS FOR REVIEW OF APPLICATIONS FOR CERTIFICATES OF APPROPRIATENESS. (A) Standards for review of alteration. In considering an application for a certificate of appropriateness for alteration the Commission shall consider only the following general standards, specific design guidelines, if any, accompanying the ordinance designating the landmark or district, and the standards included in —19— 29-0-18 Subsection (E) of this Section. Nothing in this Chapter shall be construed to prevent ordinary maintenance or repairs that do not involve a change of design, material, or the exterior architectural appearance of a property, structure, site or object as long as the prescribed review procedures are followed. 1. Every reasonable effort shall be made to adapt the property, structure, site or object in a manner that requires minimal alteration of the property, structure, site or object and its environment. 2. The distinguishing original qualities or character of a property, structure, site or object and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features shall be avoided whenever possible except when retention represents a hazardous or dangerous condition. 3. All properties, structures, sites and objects shall be recognized as products of their own time. Alterations to sites, buildings, structures, or objects that have no historic basis shall be discouraged. 4. Changes that may have taken place in the course of time are evidence of the history and development of a property, structure, site or object and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features, materials, finishes, examples of skilled craftsmanship, or examples of distinctive construction techniques that characterize a property, structure, site or object shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other structures or objects. 7. The surface cleaning of buildings, structures or objects shall be undertaken with the gentlest means possible. Treatment methods that will cause damage to the historic materials of the structure, site, or object must not be used. 8. Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any project. 9. Innovative design for alterations to existing properties shall not be discouraged when such alterations do not destroy significant historic, cultural, architectural or archaeological material, and such design is compatible with the features, size, scale, proportion, massing, color, material and character of the property, neighborhood and environment. 10. Wherever possible, alterations to structures and objects shall be done in such a manner that if such alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. -20- 29-0-18 (B) Standards for review of construction. In considering an application for a certificate of appropriateness for new construction and additions to existing buildings, the Commission shall consider only the following general standards, specific design guidelines, if any, accompanying the ordinance designating the landmark or district, and the standards included in Subsection (E) of this Section: 1. Height. Height shall be visually compatible with properties, structures, sites, public ways, objects and places to which it is visually related. 2. Proportion of facades. The relationship of the width to the height of the facades shall be visually compatible with properties, structures, sites, public ways, objects and places to which it is visually related. 3. Proportion of openings. The relationship of the width to height of windows and doors shall be visually compatible with properties, structures, sites, public ways, objects and places to which the building is visually related. 4. Rhythm of solids to voids in facades. The relationship of solids to voids in the facades of a structure shall be visually compatible with properties, structures, sites, public ways, objects and places to which it is visually related. 5. Rhythm of spacing and structures on streets. The relationship of a structure or object to the open space between it and adjoining structures or objects and the setback from the public ways shall be visually compatible with the properties, structures, sites, public ways, objects and places to which it is visually related. 6. Rhythm of entrance porches, storefront recesses and other projections. The relationship of entrances and other projections to sidewalks shall be visually compatible with the properties, structures, sites, public ways, objects and places to which it is visually related. 7. Relationship of materials and texture. The relationship of the materials and texture of the facades shall be visually compatible with the predominant materials used in the existing structures to which it is visually related. 8. Roof shapes and roof mounted equipment. The roof shape of a structure including any roof mounted equipment shall be visually compatible with the structures to which it is visually related. 9. Walls of continuity. Facades and property and site structures, such as masonry walls, fences and landscape masses, shall, when it is a characteristic of the area, form cohesive walls of enclosure along a street, to ensure visual compatibility with the properties, structures, sites, public ways, objects and places to which such elements are visually related. 10. Scale of a structure. The size and mass of structures in relation to open spaces, windows, door openings, porches and balconies shall be visually compatible with the properties, structures, sites, public ways, objects and places to which they are visually related. 11. Directional expression of facades. A structure shall be visually compatible with the properties, structures, sites, public ways, objects and places to which it is visually related in its directional character, whether this be vertical character, horizontal character or non -directional character. —21 29-0-18 (C) (D) 12. Original qualities. For additions to existing structures, the distinguishing original qualities or character of a property, structure, site or object and its environment should be preserved. The alteration of any historic material or distinctive architectural features should be avoided when possible. 13. Archaeological resources. Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to any project. 14. Innovative design. Innovative design for new construction and additions to existing properties shall not be discouraged when such new construction or additions do not destroy significant historic, cultural or architectural material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment. 15. New additions. Wherever possible, new additions to structures or objects shall be done in such a manner that if such additions were to be removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. 16. New construction. In considering new construction such as a new free standing structure, the Commission shall not impose a requirement for the use of a single architectural style or period, though it may impose a requirement for compatibility. 17. Signs. Any sign that is readily visible from a public street shall not be incongruous to the historic character of the landmark or the district. Recommendations regarding signs are advisory only and may be referred to DAPR. Standards for review of relocation. In considering an application for a certificate of appropriateness for relocation, the Commission shall consider only the following general standards, specific design guidelines, if any, accompanying the ordinance designating the landmark or district, and the standards included in Subsection 2-8-9(E); 1. Whether the historic or urbanistic character of the existing site or setting would be negatively impacted by the relocation of the structure or object. 2. Whether there are definite plans for the area to be vacated and what the effect of those plans on the character of the surrounding area. 3. Whether the relocation of the structure or object can be accomplished without significant damage to its physical integrity. 4. Whether the proposed relocation area is compatible with the historic, cultural or architectural character of the structure or object. Standards for review of demolitions. In considering an application for a certificate of appropriateness for demolition, the Commission shall consider only the following general standards and the standards included in Subsection 2-8-9(E): 1. Whether the property, structure or object is of such historic, cultural, architectural or archaeological significance that its demolition would be detrimental to the public interest and contrary to the general welfare of the people of the City and the State. 2. Whether the property, structure or object relates to the distinctive historic, cultural, architectural or archaeological character of the district as a whole -22- 29-0-18 and should be preserved for the benefit of the people of the City and the State. 3. Whether demolition of the property, structure or object would be contrary to the purpose and intent of this Chapter and to the objectives of the historic preservation for the applicable district. 4. Whether the property, structure or object is of such old, unusual or distinctive design, texture, and/or material that it could not be reproduced without great difficulty and/or expense. 5. Whether the property, structure or object is of such physical condition that it represents a danger and imminent hazard condition to persons or property and that retention, remediation, or repair are not physically possible or require great difficulty and/or expense. 6. Except in cases where the owner has no plans for a period of up to five (5) years to replace an existing landmark or property, structure or object in a district, no certificate of appropriateness shall be issued until plans for a replacement structure or object have been reviewed and approved by the Commission. (E) In addition to the above standards, the Commission shall also consider the Secretary of Interior's "Standards for the Treatment of Historic Properties," as amended. 2-8-10. - CERTIFICATE OF ECONOMIC HARDSHIP. (A) Application. Any applicant, following a final decision of the Commission or the Council or its duly authorized committee denying a certificate of appropriateness, may, within thirty (30) days of the denial, make application for a certificate of economic hardship on a form prepared by the Commission and submitted to the Commission. Application forms shall be available from the Commission. (B) Standard to be Applied. The Commission shall only approve an application for a certificate of economic hardship upon a determination that the denial of the certificate of appropriateness has resulted in the denial of all reasonable use of and return from the property. (C) Consideration of Evidence. In applying this standard, the Commission shall consider among other things any evidence presented concerning the following: 1. Any opinions from a licensed structural engineer or licensed architect with experience in renovation, restoration or rehabilitation as to the structural soundness of any structures or objects on the property and their suitability for continued use, renovation, restoration or rehabilitation. 2. Any estimates prepared by a licensed architect or licensed structural engineer, of the cost of the proposed alteration, construction, demolition or relocation and an estimate of any additional cost that would be incurred to comply with the recommendations of the Commission for changes necessary for it to be approved. 3. Any estimates prepared by a realtor licensed by the State or an appraiser certified by the State of the market value of the property in its current condition; after completion of the proposed alteration, construction, demolition or relocation; after any expenditures necessary to comply with VACM 29-0-18 the recommendations of the Commission for changes necessary for it to approve a certificate of appropriateness; and in the case of a proposed demolition, after renovation of the existing property for continued use. 4. For applications for Certificate of Economic Hardships proposing demolition, any estimates, prepared by licensed architects, real estate consultants and appraisers or other real estate professionals licensed or certified by the State and experienced in rehabilitation, as to the economic feasibility of restoration, renovation or rehabilitation of any existing structures or objects. 5. Any and all applicable zoning provisions and incentives. (D) Information to be Supplied by Applicant. The applicant shall submit by affidavit the following information: 1. The assessed value of the property, structure, site or object for the two (2) most recent assessments. 2. Real property taxes for the previous three (3) years. 3. The amount paid for the property, structure, site or object by the owner, 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. 4. The current balance of any mortgages or any other financing secured by the property, structure, site or object, and the annual debt service, if any, for the previous three (3) years. 5. All appraisals obtained within the previous three (3) years by the owner or applicant in connection with purchase, offerings for sale, financing or ownership of the property, structure, site or object. 6. All listings of the property, structure, site or object for sale or rent, price asked and offers received, if any, within the previous four (4) years. 7. All studies commissioned by the owner as to profitable renovation, rehabilitation or utilization of any structures or objects on the property for alterative use. 8. For income producing property or structures, itemized income and expense statements from the property or structures for the previous three (3) years. 9. For other non-residential properties, itemized income and expense statements, as well as grants, endowments, and other assets or funding sources. 10. Estimates, prepared by general contractors licensed by the City or licensed architects, of the cost of the proposed alteration, construction, demolition or relocation and an estimate of any additional cost that would be incurred to comply with the recommendations of the Commission for changes necessary for it to approve a certificate of appropriateness. 11. Form of ownership or operation of the property, structure, site or object whether sole proprietorship, for -profit or not -for -profit corporation, limited partnership, joint venture or other. -24- 29-0-18 12. Any other information, documentation or evidence as the Commission determines to be necessary to its application of the standard in Subsection 2-8-10(B). 13. Where applicable, the information, evidence or documentation requested by the Commission or provided by the applicant shall bear the imprint of the professional seal of the individual preparing such information, evidence or documentation. (E) Failure by Applicant to Submit Requested Information. In the event that any of the information required to be submitted by the applicant is not reasonably available, the applicant shall file with the affidavit a statement of the information that cannot be obtained and shall describe the reasons why such information is unavailable. (F) Public Hearing. The Commission shall hold a public hearing on the application for certificate of economic hardship within thirty five (35) days following receipt of the completed application form and all information required to be submitted therewith. 1. Notice of the time and place of the public hearing shall also state the general nature of the question involved, and shall be given not less than five (5) business days prior to the date of such hearing by the following methods: (a) By mailing of notification to the applicant and the owner of record of the affected landmark or property, site, building, structure, or object in a district; and (b) By mailing of notification to the owners of record of all property within two hundred fifty feet (250') of the affected landmark or property, site, building, structure, or object in a district; and (c) By mailing of notification to every association of residents or owners who have registered an association name with the Commission for this purpose; and (d) By publication in a manner available City-wide by either a newspaper or the city website. It shall be the responsibility of the applicant to provide to the Commission, by affidavit, the names and addresses of all owners of record pursuant to Subsection 2-8-10(F)(1)(b) of this Chapter. 2. The hearing shall be conducted in accordance with the pertinent Section of the rules of the Commission. 3. No member of the Commission absent from the entire hearing shall be eligible to vote on any matter that is the subject of the hearing until such member is provided with copies, transcripts or tapes of all testimony and evidence presented. 4. The Commission may continue a proceeding for such additional time as it reasonably takes an applicant, any other interested person or the Commission to comply with a request for additional information, documentation or evidence. (G) Determination by the Commission. The determination by the Commission of whether the denial of the certificate of appropriateness has or has not resulted in —25— 29-0-18 economic hardship or the denial of all reasonable use of and return from the property shall be made within thirty five (35) business days following the close of the public hearing and submission of all information, documentation or evidence requested by the Commission. The determination shall be accompanied by findings of fact and report stating the reasons for the decision. (H) Disapproval by Commission. If the determination of the Commission is to disapprove the application for a certificate of economic hardship, the applicant shall be notified within five (5) business days. The Commission's report will be provided within thirty-five (35) business days following the closing of the public hearing. (1) Determination of Economic Hardship. 1. If the determination of the Commission is that the denial of the certificate of appropriateness has resulted in the denial of all reasonable use of and return from the property, the Commission shall issue a certificate of economic hardship no later than ninety (90) days following the date of the determination of economic hardship unless during that time the Council approves an incentive plan pursuant to Subsections 2-8-10(J) and (K). 2. A copy of the determination of the Commission together with the findings of fact shall be mailed to the applicant and transmitted to the Council or its duly authorized committee within thirty-five (35) business days following the determination of economic hardship. (J) Incentive Plan. The purpose of an incentive plan is to provide a mechanism to allow a reasonable use of and return from the property without the complete or partial alteration or demolition of a landmark or property, structure, site or object in a district. This incentive plan may include, but is not limited to, property tax relief, loans or grants from the City or other public or private sources, acquisition by purchase or eminent domain, building and safety code modifications to reduce the cost of maintenance, restoration, rehabilitation or renovation, changes in applicable zoning regulations including a transfer of development rights, or relaxation of the provisions of this Chapter sufficient to allow reasonable use of and return from the property. (K) City Council Consideration of Incentive Plan. 1. The Commission shall forward a report recommending an incentive plan to the Council or its duly authorized committee. Upon receipt of the report the Council or its duly authorized committee shall give prompt consideration to the incentive plan. 2. The Council shall approve or disapprove the incentive plan allowing the reasonable use of and return from the property within ninety (90) days following determination by the Commission. 3. If the Council does not approve an incentive plan within the time specified, the report and recommendation of the Commission regarding the incentive plan shall be deemed to be denied. 4. A copy of the ordinance enacted by the Council together with the incentive plan, if any, shall be mailed to the applicant and transmitted to the Commission within five (5) business days following the enactment of the ordinance. -26- 29-0-18 (L) Issuance of Certificate of Economic Hardship. 1. Upon receipt by the Commission of a copy of a resolution disapproving an incentive plan, or upon failure of the Council to act to either approve or disapprove an incentive plan pursuant to Subsections 2-8-10(J) and (K), the Commission shall issue a certificate of economic hardship to the applicant within five (5) business days. The certificate of economic hardship for demolition may be subject to conditions for subsequent construction including compliance with the standards included in Section 2-8-9. The certificate of economic hardship shall be valid for a period of one hundred eighty (180) days from issuance by the Commission. Certificates of economic hardship shall not be transferable from the applicant to another subsequent owner of the same property. 2. The Division of Building and Inspection Services shall be notified of the decision to issue a certificate of economic hardship within five (5) business days of issuance. 3. A certificate of appropriateness shall be issued to the applicant simultaneously with the delivery of the certificate of economic hardship. 4. Notwithstanding approval of a certificate of economic hardship, no permit for demolition of a landmark or a property, structure or object in a district shall issue except simultaneous to the issuance of a building permit for the replacement property, structure or object. (M) Appeals. 1. Any applicant or other interested party, following a denial of a certificate of economic hardship by the Commission, may, within thirty (30) days of the denial apply for appeal to the Council or its duly authorized committee. 2. An application for appeal shall be submitted to the Commission on a form prepared by the Commission. Within five (5) business days of submission of an application for appeal by the applicant to the Commission, -,the Commission shall transmit the application to the Council or its duly authorized committee. 3. If no motion to accept the application for appeal is made and adopted at the meeting of Council or its duly authorized committee immediately following receipt of the findings and decision of the Commission and the application for appeal, the decision of the Commission shall be final and may be appealed to the Circuit Court of Cook County. 4. If a motion to accept the application for appeal is made and adopted at the meeting of Council or its duly authorized committee held immediately following receipt of the findings and decision of the Commission and the application for appeal, the Council or its duly authorized committee must affirm, modify or reverse the decision of the Commission within forty five (45) days of the date of approval of the motion to accept the appeal. 5. Council or its duly authorized committee shall review the appeal solely on the basis of the record and application of the standards included in Subsection 2-8-10(B). -27- 29-0-18 6. Denial or grant by the Council or its duly authorized committee of a certificate of economic hardship is considered a final decision and may be appealed to the Circuit Court of Cook County. 2-8-11. - CERTIFICATE OF SPECIAL MERIT. (A) Application. Any applicant, following a final decision of the Commission or the Council or its duly authorized committee denying a certificate of appropriateness, may, within thirty (30) days of the denial, make application for a certificate of special merit on a form prepared by the Commission and submitted to the Commission. Application forms shall be available from the Commission. (B) Council Determination. A project shall not receive a certificate of special merit unless the Council determines that: 1. The project is consistent with the Comprehensive Plan of the City; and 2. The project is necessary and in the public interest and will provide public and civic benefits, including but not limited to social or other benefits that are significant to the community and particularly desirable at the location proposed. Such benefits that further the general welfare of the residents of the City must substantially outweigh the loss of or the effect upon the affected landmark or property, structure, site or object in a district. Such benefits shall not consist solely of monetary or economic benefits to the City or other parties arising from economic development, property taxes, or other financial returns. (C) Standard to be Applied. A certificate of special merit shall be approved only on a showing by the applicant that: 1. There is no feasible and prudent alternative site for the proposed project; and 2. Use of the existing landmark or area, property, structure, site or object located in a district for the special merit use is not financially and physically feasible; and 3. The proposed project includes all possible planning to minimize harm to the existing landmark or area, property, structure, size or object in a district resulting from such special merit use. (D) Public Hearing. Submission of Application for Certificate of Special Merit: Within thirty-five (35) business days of submission of an application for certificate of special merit the Commission shall transmit the application to the Council or its duly authorized committee. (E) The Council or its duly authorized committee shall hold a public hearing on the application for certificate of special merit within thirty five (35) days following receipt of the completed application form in accordance with the pertinent Section of its rules and procedures. 1. Notice of the time and place of the public hearing shall also state the general nature of the question involved and shall be given not less than five (5) business days prior to the date of such hearing by the following methods: (a) By mailing of notification to the applicant and the owner of record of the landmark or property, structure, site or object in a district; and 29-0-18 (b) By mailing of notification to the owners of record of all property within two hundred fifty feet (250') of the landmark or properties, structure, site or object in a district; and (c) By mailing of notification to every association of residents or owners who have registered an association name with the Commission for this purpose; and (d) By publication in a newspaper of City-wide circulation. It shall be the responsibility of the applicant to provide to the Commission, by affidavit, the names and addresses of all owners of record pursuant to Subsection 2-8-11(E)1(b) of this Chapter. (F) Findings. The Commission shall present written findings at the public hearing addressing the significance of the landmark or area, property, structure, site or object in a district affected by the proposed structure, and the standards for issuance of a certificate of special merit included in Subsections 2-8-11(B) and (C). (G) Council Action. Within ninety (90) days of the close of the public hearing the Council may approve or deny the application of certificate of special merit. If the certificate of special merit is not acted upon by Council within ninety (90) days of the close of the public hearing, the application for certificate of special merit shall be deemed denied. (H) Approval of Certificate of Special Merit. Council shall transmit a copy of the ordinance approving a certificate of special merit to the Commission within fifteen (15) business days following the enactment of the ordinance. The Commission shall issue a certificate of appropriateness within thirty-five (35) business days after the applicant: 1. Provides the Commission with appropriate documentation completed by a preservation professional of any landmark or property, structure or object in a district that is proposed for demolition, and 2. Completes the review process for construction, under Subsection 2-8-9(B) of this Chapter, with the Commission for the proposed project, or submits to the Commission evidence that the site of the landmark or property, structure, or object in a district is subject to new development as part of a development plan. (1) Validity. The certificate of special merit shall be valid for a period of one hundred eighty (180) days from issuance by the Council. Certificates of special merit shall not be transferable, without the consent of Council, from the applicant to another subsequent owner of the same property. (J) Demolition of Landmark. Notwithstanding approval of a certificate of special merit, except as otherwise expressly provided in another provision of this Chapter, no permit for demolition of a landmark or a property, structure or object in a district shall issue except for projects that are part of a development plan, or simultaneous to the issuance of a building permit for the replacement property, structure or object. (K) Denial of Certificate of Special Merit. Denial or grant by the Council of a certificate of special merit is considered a final decision and may be appealed to the Circuit Court of Cook County. -29- 29-0-18 2-8-12. - REVIEW OF APPLICATIONS FOR SUBDIVISION, RESUBDIVISION OR CONSOLIDATION. (A) Prior to review of any subdivision, resubdivision or consolidation pursuant to Title 4, Chapter 13 "Subdivisions," Sections 1 through 3, of any landmark, area, property, structure or site in a district, Council or its duly authorized committee shall request a report by the Commission regarding the effect of the proposed subdivision, resubdivision or consolidation on the landmark or district. Review by the Commission shall be advisory. (B) The Commission shall review the application for subdivision, resubdivision or consolidation based on the following standards: 1. The design of the subdivision, resubdivision or consolidation shall: (a) Preserve, adaptively use, or otherwise protect the landmark, or area, property, structure, site or object in the district; and (b) Provide the location and design of new structures and objects that are visually compatible with the landmark or sites, buildings, structures, and objects in the district; and (c) Not result in blocking or otherwise obstructing, as viewed from a public street or public way, not to include Lake Michigan, the critical features of the landmark or area, property, structure, site or object in the district; and (d) Preserve and protect the critical features of the streetscape associated with the landmark, or area, property, structure, site or object in the district; and (e) Not adversely affect traffic patterns, municipal services, adjacent property values, or the general harmony of the District. 2. Alteration, construction, demolition and relocation shall be consistent with Section 2-8-9. (C) Within thirty five (35) days of the Commission's review, the Commission shall prepare written findings and, by majority vote, issue to the Council or its duly authorized committee a recommendation on the suitability of creating the proposed subdivision, resubdivision or consolidation. (D) Based on the recommendations received by Council or its duly authorized committee, Council shall consider whether the proposed subdivision, resubdivision or consolidation is consistent with the standards provided in Subsection 2-8-12(B). (E) If Council finds that the proposed subdivision, resubdivision or consolidation is not consistent with the standards provided in Subsection 2-8-12(B), the Council may deny the application for subdivision, resubdivision or consolidation. 2-8-13. - REDESIGNATION OF PREVIOUSLY DESIGNATED LANDMARKS AND DESIGNATION OF EXISTING DISTRICTS LISTED IN THE NATIONAL REGISTER OF HISTORIC PLACES. (A) Any areas, properties, structures, sites or objects designated by Council in previous ordinances and resolutions are found to meet the criteria for designation in Section 2-8-4 of this Chapter based on findings of fact submitted -30- 29-0-18 to Council in support of said previous designation ordinances and resolutions and are hereby redesignated as landmarks under the provisions of this Chapter. (See Schedule B, "List of Evanston Landmarks," at end of this Chapter.) (B) The Evanston Lakeshore Historic District listed in the National Register of Historic Places on September 29, 1980, is found to meet the criteria for designation in Section 2-8-4 of this Chapter and is hereby designated as an historic district under the provisions of this Chapter. (See Schedule A, "Map," at end of this Chapter.) (C) The Evanston Ridge Historic District listed in the National Register of Historic Places on March 3, 1983, is found to meet the criteria for designation in Section 2-8-4 of this Chapter and is hereby designated as an historic district under the provisions of this Chapter. (See Schedule A, "Map," at end of this Chapter.) (D) The Suburban Apartment Buildings in Evanston, Illinois, Thematic Resources Historic District listed in the National Register of Historic Places in 1984 is found to meet the criteria for designation in Section 2-8-4 of this Chapter and is hereby designated as an historic district under the provisions of this Chapter. (See Schedule B, "List of Evanston Landmarks," at end of this Chapter.) (E) The Local Northeast Evanston Historic District designated by City Council on May 22, 2000 was found to meet the criteria for designation in Section 2-8-4 of this Chapter and was designated as a historic district under the provisions of this Chapter. (See Schedule A, "Map," at end of this Chapter. (F) The Women's Christian Temperance Union (WCTU) Historic District, designated by City Council on April 13, 2010 was found to meet the criteria for designation in Section 2-8-4 of this Chapter and was designated as a historic district under the provisions of this Chapter. (See Schedule A, "Map," at end of this Chapter. 2-8-14. - EXCEPTIONS TO ISSUANCE OF CERTIFICATE OF APPROPRIATENESS. (A) The limitations upon the issuance of demolition permits or building permits in any district or affecting any landmark, shall not apply when alteration, construction, demolition or relocation involved in the permit has been ordered by the Division of Building and Inspection Services for the preservation of the public health or safety. (B) If the Division of Building and Inspection Services has ordered alteration, construction, demolition or relocation of a landmark or a property, structure or object located within a district, the Commission shall be notified of the proposed alteration, construction, demolition or relocation. If the Commission disagrees with the plan, the Commission shall have the right to delay the proposal sixty (60) days by submitting a delay request. During the delay period, the Commission may develop alternative plans for consideration. If after sixty (60) days no such alternative plans can be developed, the proposed alteration, construction, demolition or relocation may proceed as ordered. 2-8-15. - PENALTIES. (A) Fines for Violation. Failure to perform any act required by this Chapter or performance of any act prohibited by this Chapter shall constitute a violation. Any —31 29-0-18 person violating any of the provisions of this chapter shall be subject to a fine of up to five hundred dollars ($500.00) for each day on which a violation exists. (B) Penalty For Willful Violation Or Gross Negligence. In addition to the fines authorized by Subsection (A) of this Section, a person who willfully or through gross negligence violates the provisions of this chapter by participating in alteration, construction, demolition or relocation affecting a property, structure, site or object nominated or designated as a landmark or located in a nominated or designated district without complying with the required procedures in this Chapter for review of such alteration, construction, demolition and relocation, shall not be issued building permits, certificates of occupancy, licenses and curb cut permits for alteration, construction, demolition or relocation affecting such property, structure, site or object for a period of five (5) years following the date of the violation except to correct structural defects affecting the foundation, roof, walls, partitions, floor supports, ceilings and chimneys of the nominated or designated landmark or property, structure, site or object located in a nominated or designated district. (C) Other Remedies. Notwithstanding the provisions of Subsections (A) and (B) of this Section, the City may institute appropriate proceedings in law and equity to prevent or remedy any violation of the provisions of this Chapter. In the case of willful violation or gross negligence by any person, the City may seek reversal of the prohibited work without regard to economic hardship. 2-8-16. - FEES. Persons who file applications for review by the Preservation Commission shall pay an application fee or fees as determined by the type of application(s). (A) Minor Work On Existing Primary And Accessory Structures: Applicants shall pay a fee of one hundred fifty dollars ($150.00) for applications for minor work on existing primary and accessory structures, including, but not limited to, the following projects: 1. Roof replacement; 2. Replacement of existing windows and doors; 3. Replacement of existing storm windows and storm doors; 4. Replacement of garage/coach house doors; 5. New window and door openings on accessory buildings; 6. New installation or replacement of fences; 7. Repair, restoration and replacement of existing exterior finish materials when such work affects less than twenty five percent (25%) of the finish materials on exterior walls or facades; 8. Replacement of existing exterior stairs and/or steps; 9. Installation of antennas or satellite dishes; 10. Porches: replacement of roof, columns, decks, railings, stairs; 11. Installation of air conditioning units; 12. Installation of arbors and trellises; 13. Installation of exterior lighting fixtures; and 14. Reopening enclosed porches. —32— 29-0-18 (B) Construction Of Garages And Accessory Structures: Applicants shall pay a fee of three hundred eighty five dollars ($385.00) for applications for construction of garages and accessory structures, including, but not limited to, the following projects: 1. New garages and coach houses/barns; 2. Porte-cocheres; 3. Storage sheds; 4. New decks and stairs; 5. Freestanding solar panels; 6. Swimming pools; 7. Tennis courts; 8. Basketball courts; and 9. Fire escapes. (C) Major Work; Alterations And Construction: Applicants shall pay a fee of three hundred eighty-five dollars ($385.00) for applications for major alterations and construction, including, but not limited to, the following projects: 1. Alterations to the existing primary structures (e.g., new dormers; new window or door openings; changing or altering roof design or pitch; balconies); 2. Construction of additions not greater than twenty five percent (25%) of the building's square footage; 3. Enclosure of existing open porches; 4. Installation of solar panels on existing buildings; 5. Repair, restoration and replacement of existing exterior materials when affecting more than twenty five percent (25%) of the exterior walls or facades; 6. Construction of new driveways; 7. Construction of terraces at grade; 8. Construction of gazebos; 9. Installation of awnings, canopies and signs; and 10. Construction of off street parking. (D) Construction Of Additions Greater Than Twenty Five Percent Of The Existing Building Square Footage: Applicants shall pay a fee of five hundred dollars ($500.00) for applications for construction of new additions greater than twenty five percent (25%) of the existing building square footage, including additions of one or more stories and additions over the existing footprint of buildings. (E) Construction Of New Primary Structures: Applicants shall pay a fee .of one thousand dollars ($1,000.00) for applications for construction of new primary buildings. (F) Demolition Of A Landmark Structure: Applicants shall pay a fee of five thousand dollars ($5,000.00) for applications for the demolition of a landmark structure. (G) Demolition Of Significant Or Contributing Structure: Applicants shall pay a fee of three thousand five hundred dollars ($3,500.00) for applications for the demolition of a significant or contributing structure. -33- 29-0-18 (H) Demolition Of Nonsignificant Or Noncontributing Structure: Applicants shall pay a fee of two thousand five hundred dollars ($2,500.00) for applications for the demolition of a nonsignificant or noncontributing structure. (1) Rescission Of Landmark Designation: Applicants shall pay a fee of two thousand five hundred dollars ($2,500.00) for applications for the rescission of a landmark designation when the landmark is not demolished. (J) Post -approval Amendments: Applicants shall pay a fee of three hundred eighty five dollars ($385.00) for applications for review of proposed amendments to previously approved projects. (K) Post -approval Amendments — Minor Work: Applicants shall pay a fee of one hundred fifty dollars ($150.00) for applications for review of proposed minor amendments to previously approved projects. (L) Nomination of Landmark: Applicants shall pay a fee of one hundred dollars ($100.00) for applications for nomination of a landmark. 2-8-17. - SEVERABILITY. If any provision or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Chapter which can be given effect without the invalid provision or application, and to this end, the provisions are declared to be severable. Chapter 2-9, Schedule B - Listing Of Evanston Landmarks - By Address Evanston Preservation Ordinance Adopted March 21, 1994 1025 Asbury Avenue 1038 Asbury Avenue 1112 Asbury Avenue 1117 Asbury Avenue 1120 Asbury Avenue 1124 Asbury Avenue 1141 Asbury Avenue 1231 Asbury Avenue 1232 Asbury Avenue 1239 Asbury Avenue 1308 Asbury Avenue 1311 Asbury Avenue 1314 Asbury Avenue 1318 Asbury Avenue 1326 Asbury Avenue 1332-1334 Asbury Avenue 1335 Asbury Avenue 1404 Asbury Avenue 1425-35 Asbury Avenue (Fence only; 1454 Asbury Avenue 1459 Asbury Avenue 1501 Asbury Avenue 1200 Block Lake St.; 1426-36 Ridge Ave.) —34— 29-0-18 1512 Asbury Avenue 1513 Asbury Avenue 1710 Asbury Avenue 1714 Asbury Avenue 1720 Asbury Avenue 1723 Asbury Avenue 1724 Asbury Avenue 1733 Asbury Avenue 1734 Asbury Avenue 1742 Asbury Avenue 1800 Asbury Avenue 1812 Asbury Avenue 1817 Asbury Avenue 1820 Asbury Avenue 1832 Asbury Avenue 1833 Asbury Avenue 1910-12 Asbury Avenue 1916 Asbury Avenue 1918 Asbury Avenue 2142 Asbury Avenue 2146 Asbury Avenue 2231 Asbury Avenue 2319 Asbury Avenue 2769 Asbury Avenue (1234 Isabella St.) 327 Ashland Avenue 914 Ashland Avenue 943 Ashland Avenue 1208 Ashland Avenue 1319 Ashland Avenue 1321 Ashland Avenue 1323 Ashland Avenue 1417 Ashland Avenue 1500 Ashland Avenue 1505 Ashland Avenue 1550 Ashland Avenue 1570-74 Ashland Avenue 1575 Ashland Avenue 1580 Ashland Avenue (1502 Davis St.) 1583 Ashland Avenue 1600-02 Ashland Avenue 1615 Ashland Avenue 1618 Ashland Avenue 1619 Ashland Avenue 1624 Ashland Avenue 1625 Ashland Avenue 1630 Ashland Avenue —35— 29-0-18 1631 Ashland Avenue 2500-16 Ashland Avenue (1601-15 Lincoln Ave.) 305 Barton Avenue 600 Barton Avenue 1701-13 Benson Avenue (1700-04 Sherman Ave.; 801-25 Church St.) 1717 Benson Avenue 2750 Broadway Avenue 2305 Brown Avenue 2326 Brown Avenue 716 Brummel Street 815-17 Brummel Street 819-21 Brummel Street 200 Burnham Place (1224 Sheridan Rd.) 222 Burnham Place 2332 Bryant Avenue 2338 Bryant Avenue 610 Callan Street 630 Central Street 639 Central Street 639 Central Street, rear (630 Clinton PI.) 720 Central Street 1024-28 Central Street (CTA Station) 1400-06 Central Street 1722 Central Street 1926-28 Central Street 2200 Central Street 2517 Central Street 2519 Central Street 2523 Central Street 2949 Central Street 2153 Central Park Avenue 2236 Central Park Avenue 2310 Central Park Avenue 2411 Central Park Avenue 2435 Central Park Avenue 2518 Central Park Avenue 401 Chicago Avenue (Entry Gate) 1425-35 Chicago Avenue 1450 Chicago Avenue (607 Lake St.) 1468 Chicago Avenue (610 Grove St.) 1501-11 Chicago Avenue (531 Grove St.) 1604-10 Chicago Avenue (601-03 Davis St.) 1702 Chicago Avenue 1724 Chicago Avenue 1730 Chicago Avenue 1810-12 Chicago Avenue 300 Church Street -36- 29-0-18 310 Church Street 404 Church Street 405 Church Street (1704 Judson Ave.) 630-42 Church Street (1633-49 Orrington Ave.) 801-25 Church Street (1700-04 Sherman Ave., 1701-3 Benson Ave.) 1124-36 Church Street (1627-45 Ridge Ave.) 1312 Church Street 1316 Church Street 1330 Church Street 1333 Church Street 1416 Church Street 1427 Church Street 1817 Church Street 411 Clark Street (1800 Sheridan Rd.) 614 Clark Street 816 Clark Street 912-18 Clark Street 1028 Clark Street 3431-33 Clifford Street 630 Clinton Place (639 Clinton Street rear) 724 Clinton Place 726 Clinton Place 802 Clinton Place 806 Clinton Place 811 Clinton Place 107-11 Clyde Avenue (565-69 Howard St.) 1016 Colfax Street 2207 Colfax Street 2525 Colfax Street 2603 Colfax Street 2615 Colfax Street 2733 Colfax Street 2819 Colfax Street 3040 Colfax Street 822 Crain Street 1220 Crain Street 1319 Crain Street 2771 Crawford Avenue 139 Custer Avenue 721-25 Custer Avenue 3312 Dartmouth Place 617-619 Dartmouth Street 210 Davis Street 305 Davis Street 601-03 Davis Street (1604-10 Chicago Ave 610-12 Davis Street -37- 29-0-18 630-32 Davis Street 1101-15 Davis Street 1125 Davis Street (1601-11 Ridge Ave.) 1300-02 Davis Street 1306 Davis Street 1315 Davis Street 1316 Davis Street 1322 Davis Street 1326 Davis Street 1332 Davis Street 1401 Davis Street 1414 Davis Street 1502 Davis Street 1522 Davis Street 113 Dempster Street 115 Dempster Street 147 Dempster Street 200 Dempster Street 217 Dempster Street 231 Dempster Street 318-320 Dempster Street 325 Dempster Street 326-28 Dempster Street (1243-49 Judson Ave 413-15 Dempster Street 600-10 Dempster Street 910 Dempster Street (1305-11 Maple Ave.) 1311 Dempster Street 1120 Dobson Street 1713 Dobson Street 1600 Dodge Avenue 2009 Dodge Avenue 2763 Eastwood Avenue 900-904 Edgemere Court 911 Edgemere Court 919-21 Edgemere Court 932 Edgemere Court 711 Elgin Road 1415 Elinor Place 1416 Elinor Place 1421 Elinor Place 442-48 Elmwood Street (900-10 Oakton St.) (439-45 Ridge Ave 836-38 Elmwood Street 905-15 Elmwood Street 1000 Elmwood Street 1102 Elmwood Street 1106 Elmwood Street 1112 Elmwood Street 290 29-0-18 1120 Elmwood Street 1308 Elmwood Street 1316 Elmwood Street 1323 Elmwood Street 1335 Elmwood Street 1401-07 Elmwood Street 1423 Elmwood Street 1426 Elmwood Street 1451-57 Elmwood Street 600 Emerson (1876-92 Sheridan Rd.) 618-40 Emerson (1817 Orrington Ave.; 619-47 University PI.; East Women's Quadrangle) 710-20 Emerson (701-21 University PI.; 1870 Orrington; West Women's Quadrangle) 711 Emerson Street 1024 Emerson Street 1109 (1111) Emerson Street 1806 Emerson Street 2700 Euclid Park Place 2707 (2741) Euclid Park Place 2738 Euclid Park Place 2749 (2711) Euclid Park Place 2767 Euclid Park Place 2231 Ewing Avenue 2322 Ewing Avenue 410 Florence Avenue 1102 Florence Avenue 1208 Florence Avenue 1428 Florence Avenue 1503 Florence Avenue 701 Forest Avenue 703 Forest Avenue 707 Forest Avenue 731 Forest Avenue 736 Forest Avenue 808-16 Forest Avenue 813-15 Forest Avenue 901 Forest Avenue (231-35 Main St.) 903-05 Forest Avenue 1000 Forest Avenue 1021 Forest Avenue 1025 Forest Avenue 1030 Forest Avenue 1039 Forest Avenue 1043 Forest Avenue 1047 Forest Avenue 1100 Forest Avenue, rear -39- 29-0-18 1101 Forest Avenue (237 Greenleaf St.) 1120 Forest Avenue 1134 Forest Avenue 1140 Forest Avenue 1143 Forest Avenue 1200 Forest Avenue 1203 Forest Avenue 1208 (1210) Forest Avenue 1215 Forest Avenue 1217 Forest Avenue 1218 Forest Avenue 1225 Forest Avenue 1228 Forest Avenue 1230-32 Forest Avenue 1236 Forest Avenue 1243 Forest Avenue 1244 Forest Avenue 1246 Forest Avenue 1304 Forest Avenue 1314 Forest Avenue 1315 Forest Avenue 1318 Forest Avenue 1324 Forest Avenue 1332 Forest Avenue 1404 Forest Avenue 1414 Forest Avenue 1501 Forest Avenue 1509 Forest Avenue 1513 Forest Avenue 1605 Forest Place (flagpole and base) 1616 Forest Place 1622 Forest Place 1632 Forest Place 820 Gaffield Place 909-11 Gaffield Place 1022 Garnett Place 501 Garrett Place (Howes Chapel) 1835 Grant Street 2700 Grant Street 2909 Grant Street 101 Greenleaf Street 124 Greenleaf Street 237 Greenleaf Street (Coach House to 1101 Forest Ave.) 414 Greenleaf Street 800 Greenleaf Street 827 Greenleaf Street .m 29-0-18 1207 Greenleaf Street 1215 Greenleaf Street 144 Greenwood Street 202 Greenwood Street 214 Greenwood Street 225 Greenwood Street 228 Greenwood Street 235 Greenwood Street 320 Greenwood Street 404 Greenwood Street 416 Greenwood Street 425 Greenwood Street 526 Greenwood Street 1015 Greenwood Street 1022 Greenwood Street 1033 Greenwood Street (1401 Oak St.) 1112 Greenwood Street 1333 Greenwood Street 1506 Greenwood Street 1510 Greenwood Street 405 Grove Street 425 (419-31) Grove Street (1501-07 Hinman Ave 531 Grove Street (1501-11 Chicago Ave.) 610 Grove Street (1468 Chiicago Ave.) 618-28 Grove Street (1511-21 Sherman Ave.) 1112 Grove Street 1419 Grove Street 205-07 Hamilton Street (1201-13 Michigan Ave.) 208 Hamilton Avenue 225 Hamilton Avenue 421-25 Hamilton Avenue (1203-05 Hinman Ave.) 2035 Harrison Street 2101 Harrison Street 2105 Harrison Street 2306 Harrison Street 2420 Harrison Street 2509 Harrison Street 2514 Harrison Street 2704 Harrison Street 2728 Harrison Street 2940 Harrison Street 2949 Harrison Street 3200 Harrison Street 2325 Hartrey Avenue 2444 Hartrey Avenue 2713 Hartzell Avenue -41- 29-0-18 2736 Hartzell Avenue 3127 Hartzell Avenue 1006 Harvard Terrace 612 Haven Street (2134-44 Sheridan Rd.) 2031 Hawthorne Lane 2646 Highwood Avenue 632-40 Hinman Avenue 651-53 Hinman Avenue 830-56 Hinman Avenue 904-08 Hinman Avenue (501-07 Main St.) 935-37 Hinman Avenue (St. Luke's Episcopal Church) 936-40 Hinman Avenue (502-12 Lee St.) 1024 Hinman Avenue 1114 Hinman Avenue 1133 Hinman Avenue 1203-05 Hinman Avenue (421-25 Hamilton Ave.) 1220 Hinman Avenue 1221 Hinman Avenue 1224 Hinman Avenue 1231 Hinman Avenue 1241 Hinman Avenue 1302 Hinman Avenue 1314 Hinman Avenue 1409-17 Hinman Avenue 1423 Hinman Avenue 1426 Hinman Avenue 1433 Hinman Avenue 1445 Hinman Avenue 1501-07 Hinman Avenue (419-31 Grove St.) 1509-15 Hinman Avenue 1626-40 Hinman Avenue 1629-31 Hinman Avenue 1707 Hinman Avenue 1719 Hinman Avenue 1745 Hinman Avenue 1810 Hinman Avenue 565-69 Howard Street (107-11 Clyde Ave.) 100 1 -11 Hull Terrace (356-410 Ridge Ave.) 1035 Hull Terrace 1107 Hull Terrace 1201 Hull Terrace 1208 Hull Terrace 586 Ingleside Park 583 (585) Ingleside Place 621 Ingleside Place 832 Ingleside Place Qy= 29-0-18 1234 Isabella Street (2769 Asbury Ave.) 2322 Isabella Street 525 Judson Avenue 534 Judson Avenue 540 Judson Avenue 550 Judson Avenue 634 Judson Avenue 635 Judson Avenue 645 Judson Avenue 704 Judson Avenue 720 Judson Avenue 730 Judson Avenue 735-37 Judson Avenue 807-17 Judson Avenue 822-28 Judson Avenue 940-46 Judson Avenue (400-12 Lee St.) 1024Judson Avenue 1028Judson Avenue 1041Judson Avenue 1045Judson Avenue 1114Judson Avenue 1122 Judson Avenue 1130Judson Avenue 1138Judson Avenue 1207Judson Avenue 1208Judson Avenue 1216 Judson Avenue 1220Judson Avenue 1236Judson Avenue 1239-41 Judson Avenue 1243-49 Judson Avenue (326-28 Dempster St.) 1246Judson Avenue 1301-03 Judson Avenue 1305-07 Judson Avenue 1308Judson Avenue 1316-18 Judson Avenue 1317Judson Avenue 1322Judson Avenue 1325Judson Avenue 1400-04 Judson Avenue 1412Judson Avenue 1422Judson Avenue 1424Judson Avenue 1427 Judson Avenue 1512Judson Avenue 1514Judson Avenue -43- 29-0-18 1615Judson Avenue 1624Judson Avenue 1630Judson Avenue 1704 Judson Avenue (405 Church St.) 204 Lake Street 207 Lake Street 215 Lake Street 216 Lake Street 222 Lake Street 303 Lake Street 314 Lake Street 404 Lake Street 512 Lake Street 607 Lake Street (1450 Chicago Ave.) 1012 Lake Street 1032 Lake Street (1421 Oak Ave.) 1100-08 Lake Street (1426-36 Oak St.) Centennial Fountain and Merrick Rose Garden 1101-11 Lake Street (1450-56 Oak Ave.) 1200 Block Lake Street (fence only; 1425-35 Asbury Ave; 1426-36 Ridge Ave.) 1319 Lake Street 1322 Lake Street 1327 Lake Street 1419 Lake Street 1501 Lake Street 1613 Lake Street 1705 Lake Street 1000 Lake Shore Boulevard 1012 Lake Shore Boulevard 1040 Lake Shore Boulevard 1114 Lake Shore Boulevard 1130 Lake Shore Boulevard 1136 Lake Shore Boulevard 1140 Lake Shore Boulevard 2401 Lawndale Avenue 2410 Lawndale Avenue 2525 Lawndale Avenue 200-12 Lee Street (999 Michigan Ave.) 218-28 Lee Street (936-42 Michigan Ave 400-12 Lee Street (940-46 Judson Ave.) 417-19 Lee Street 502-12 Lee Street (936-40 Hinman Ave.) 1021 Lee Street 1113 Lee Street 1227 Leon Place 617 Library Place 625 Library Place -44- 29-0-18 555-59 Lincoln Street (2421 Sheridan Rd.) 640 Lincoln Street 731 Lincoln Street 807 Lincoln Street 815 Lincoln Street 1601-15 Lincoln Street (2500-16 Ashland Ave 1705 Lincoln Street 2115 Lincoln Street 2200 Lincoln Street 2212 Lincoln Street 2222 Lincoln Street 2319 Lincoln Street 2405 Lincoln Street 2418 Lincoln Street 2419 Lincoln Street 2424 Lincoln Street 2425 Lincoln Street 2501 Lincoln Street 2510 Lincoln Street 2516 Lincoln Street 2522 Lincoln Street 2610 Lincoln Street 2623 Lincoln Street 2706 Lincoln Street 2727 Lincoln Street 2801 Lincoln Street 2819 Lincoln Street 2905 Lincoln Street 2920 Lincoln Street 2300 Lincolnwood Drive 2320 Lincolnwood Drive 2323 Lincolnwood Drive 2340 Lincolnwood Drive 2409 Lincolnwood Drive 2412 Lincolnwood Drive 2423 Lincolnwood Drive 2426 Lincolnwood Drive 2448 Lincolnwood Drive 732 Madison Street 802 Madison Street 815 Madison Street 834 Madison Street 210 Main Street 227-29 Main Street (904-06 Michigan Ave.) 231-35 Main Street (901-05 Forest Ave.) 501-07 Main Street (904-08 Hinman Ave.) -45- 29-0-18 1014-20 Main Street (843-49 Ridge Ave.) 1126 Main Street 1310 Main Street 1311 Main Street 1408 Main Street 930 Maple Avenue 935 Maple Avenue 1011 Maple Avenue 1014-20 Maple Avenue (843-49 Ridge Ave. 1024 Maple Avenue 1030 Maple Avenue 1031 Maple Avenue 1045 Maple Avenue 1101-13 Maple Avenue 1115-33 Maple Avenue 1207 Maple Avenue 1209-17 Maple Avenue 1220 Maple Avenue 1232 Maple Avenue 1236 Maple Avenue 1246 Maple Avenue 1305-11 Maple Avenue (910 Dempster St.) 1316 Maple Avenue 1403 Maple Avenue 1411 Maple Avenue 1415 Maple Avenue 1425 Maple Avenue 1449-53 Maple Avenue 1916-18 Maple Avenue 1920-22 Maple Avenue 2030 Maple Avenue 2127 Maple Avenue 2521 Marcy Avenue 548-606 Michigan Avenue 633 Michigan Avenue 641 Michigan Avenue 715 Michigan Avenue 716 Michigan Avenue 720 Michigan Avenue 840 Michigan Avenue 904-06 Michigan Avenue (227-29 Main St.) 915 Michigan Avenue 923-25 Michigan Avenue 936-50 Michigan Avenue (218-28 Lee St.) 999 Michigan Avenue (200-12 Lee St.) 1005 (1003) Michigan Avenue MIDOZ 29-0-18 1010 Michigan Avenue 1022 Michigan Avenue 1026 Michigan Avenue 1030 Michigan Avenue 1032-34 Michigan Avenue 1046 Michigan Avenue 1049 Michigan Avenue 1104 Michigan Avenue 1107 Michigan Avenue 1119 Michigan Avenue 1122 Michigan Avenue 1144 Michigan Avenue 1200 Block Michigan Avenue (Greensward) 1201-13 Michigan Avenue (205-07 Hamilton St.) 1210 Michigan Avenue 1217 Michigan Avenue 714 Miburn Street 720 Milburn Street 826 Milburn Street 815-17 Monroe Street 903 Monroe Street 913 Monroe Street 715 Monticello Place 714-34 Noyes Street 927 Noyes Street 1015 Noyes Street 1117 Noyes Street 1204 Noyes Street 1214 Noyes Street 1304 Noyes Street 2723 Noyes Street 1100 Oak Avenue 1106 Oak Avenue 1115 Oak Avenue 1118 Oak Avenue 1306 Oak Avenue 1401 Oak Avenue (1033 Greenwood St.) 1404-06 Oak Avenue (1401-07 Ridge Ave.) 1417 Oak Avenue 1421 Oak Avenue (1032 Lake St.) 1426-36 Oak Avenue (1100-08 Lake St.; Centennial Fountain and Merrick Rose Garden) 1450-56 Oak Avenue (1101-11 Lake St.) 1505-15 (1505-09) Oak Avenue 1560 Oak Avenue 900-10 Oakton Street (442-48 Elmwood Ave.; 439-45 Ridge Ave.) -47- 29-0-18 1618-26 Orrington Avenue (1609-19 Sherman Ave.) 1633-49 Orrington Avenue (630-42 Church St.) 1856-70 Orrington Avenue (710-20 Emerson St.; 701-21 University PI.; West Women's Quadrangle) 1871 Orrington Avenue (619-47 University PI.; 618-40 Emerson St.; East Women's Quadrangle) 1906 Orrington Avenue 1922 Orrington Avenue 2001-03 Orrington Avenue 2032-34 Orrington Avenue 2040 Orrington Avenue 2112 Orrington Avenue 2135 Orrington Avenue 2207 Orrington Avenue 2218 Orrington Avenue 2233 Orrington Avenue 2236 Orrington Avenue 2244 Orrington Avenue 2246 Orrington Avenue 2307 Orrington Avenue 2314 Orrington Avenue 2420 Orrington Avenue 2424 Orrington Avenue 2430 Orrington Avenue 2505 Orrington Avenue 2510 Orrington Avenue 2511 Orrington Avenue 2519 Orrington Avenue 2636 Orrington Avenue 2400 Park Place 2418 Park Place 2502 Park Place 2608 Park Place 2726 Park Place 2726 Payne Avenue 2320 Pioneer Road 2341 Pioneer Road 2444 Pioneer Road 2450 Pioneer Road 2454 Pioneer Road 1450 Pitner Avenue 1460 Pitner Avenue 2417 Prairie Avenue 2675 Prairie Avenue 2708 Prairie Avenue 714 Reba Place MBZ 29-0-18 727 Reba Place 816-18 Reba Place 829 Reba Place 436 Ridge Avenue 439-45 Ridge Avenue (900-10 Oakton St.; 442-48 Elmwood St.) 806-16 Ridge Avenue 843-49 Ridge Avenue (1014-20 Main St.) 930 Ridge Avenue 1030 Ridge Avenue 1041 Ridge Avenue 1100 Ridge Avenue 1101 Ridge Avenue 1123 Ridge Avenue 1128 Ridge Avenue 1217 Ridge Avenue 1220 Ridge Avenue 1225 Ridge Avenue 1232 Ridge Avenue 1300-14 Ridge Avenue 1307-13 Ridge Avenue 1333 Ridge Avenue 1401-07 Ridge Avenue (1404-06 Oak Ave.) 1426-36 Ridge Avenue (fence, steps and planter only; 1425-35 Asbury Ave.; 1200 Block Lake St.) 1453 Ridge Avenue 1456 Ridge Avenue 1461 Ridge Avenue 1462 Ridge Avenue 1509-15 Ridge Avenue 1601-11 Ridge Avenue (1125 Davis St.) 1615-25 Ridge Avenue 1622 Ridge Avenue 1627-45 Ridge Avenue (1124-36 Church St.) 1628 Ridge Avenue 1701-13 Ridge Avenue 1740-48 Ridge Avenue 2049 Ridge Avenue 2103 Ridge Avenue 2212-16 Ridge Avenue 2236 Ridge Avenue 2404 Ridge Avenue 2505 Ridge Avenue 2637 Ridge Avenue 2705 Ridge Avenue 935 Ridge Court 1001 Ridge Court 29-0-18 1031 Ridge Court 833 Ridge Terrace 1317 Rosalie Avenue 825 Roslyn Place 1020 Seward Street 1104-06 Seward Street 1108-10 Seward Street 1115 Seward Street 2808 Sheridan Place 2829 Sheridan Place 2831 Sheridan Place 2837 Sheridan Place 2855 Sheridan Place 2856 Sheridan Place 2865 Sheridan Place 2870 Sheridan Place 2881 Sheridan Place 2888 Sheridan Place 470-98 Sheridan Road 707 Sheridan Road 714 Sheridan Road 715 Sheridan Road 732 Sheridan Road 741 Sheridan Road 747-49 Sheridan Road 824 Sheridan Road 850 Sheridan Road 916 Sheridan Road 936 Sheridan Road 946-50 Sheridan Road 1000 Sheridan Road 1001 Sheridan Road 1005 Sheridan Road 1023 Sheridan Road 1030 (1028) Sheridan Road 1031 Sheridan Road 1034 Sheridan Road 1038 (1040) Sheridan Road 1046 Sheridan Road 1103 Sheridan Road 1110 Sheridan Road 1117 Sheridan Road 1130 Sheridan Road 1145 Sheridan Road 1201 (1205) Sheridan Road 1218 Sheridan Road -50- 29-0-18 1224 Sheridan Road (200 Burnham PI.) 1225 Sheridan Road 1632 Sheridan Road 1800 (1806) Sheridan Road (411 Clark St.) 1845 Sheridan Road (Fiske Hall) 1856-66 Sheridan Road (Levere Memorial Temple) 1875 Sheridan Road (Harris Hall) 1876-92 Sheridan Road (600 Emerson St.; Scott Hall; Cahn Auditorium) 1897 Sheridan Road (University Hall) 1905 Sheridan Road (Laurie Mae Swift Hall) 1908 Sheridan Road 1945 Sheridan Road (Deering Library) 2033 Sheridan Road (Hurst Hall) 2037 Sheridan Road (Swift Hall) 2101 Block Sheridan Road, Shakespeare Garden 2113-21 Sheridan Road (Garrett Seminary) 2131 Sheridan Road (Dearborn Observatory) 2134-44 Sheridan Road (612 Haven St.; Seabury Western) 2253-2313 Sheridan Road (North Quad Fraternity Houses) 2405 Sheridan Road (Patten Gym) 2421 Sheridan Road (555-59 Lincoln St.; Evanston Water Works) 2437 Sheridan Road 2535 Sheridan Road (Gross Point Lighthouse) 2603 Sheridan Road (Evanston Art Center) 2609 Sheridan Road 2681 Sheridan Road 2726 Sheridan Road 2735 Sheridan Road 2750 Sheridan Road 2769 Sheridan Road 524 (522) Sheridan Square 530 Sheridan Square 554-602 Sheridan Square 618 Sheridan Square 620-38 Sheridan Square 641 Sheridan Square 642 Sheridan Square 929 Sherman Avenue 1019 Sherman Avenue 1021 Sherman Avenue 1045 Sherman Avenue 1204 Sherman Avenue 1206 Sherman Avenue 1511-21 Sherman Avenue (618-28 Grove St.) 1578 Sherman Avenue 1609-19 Sherman Avenue (1618-26 Orrington Ave.) -51 29-0-18 1700-04 Sherman Avenue (801-09 Church St.; 1703-13 Benson Ave.) 1830 Sherman Avenue 1929-31 Sherman Avenue 2000 Sherman Avenue 2036 Sherman Avenue 2212-26 Sherman Avenue 2233 Sherman Avenue 2235 Sherman Avenue 2319 Sherman Avenue 810 Simpson Street 911 Simpson Street 1232 Simpson Street 1611 Simpson Street 551 South Boulevard, South Boulevard El Station 814 South Boulevard 2524 (2522) Thayer Street 2810 Thayer Street 619-47 University Place (1871 Orrington Ave.; 618-40 Emerson St.; East Women's Quadrangle) 700 University Place 701-21 University Place (1850-70 Orrington Ave.; 710-20 Emerson St.; West Women's Quadrangle) 716-22 University Place (Old Music Hall) 810-12 Washington Street 1125 Washington Street 1303 Washington Street 324-42 Wesley Avenue 333 Wesley Avenue 1008 Wesley Avenue 1136 Wesley Avenue 1400 Wesley Avenue 1413 Wesley Avenue 1424 Wesley Avenue 1601 Wesley Avenue 1602 Wesley Avenue (1401 Davis St.) 1606 Wesley Avenue 1612 Wesley Avenue 1621 Wesley Avenue 1624 Wesley Avenue 1627 Wesley Avenue 1632 Wesley Avenue 1710 Wesley Avenue 1721 Wesley Avenue 1727 Wesley Avenue 1743 Wesley Avenue 1805 Wesley Avenue -52- 29-0-18 1814 Wesley Avenue 2107 Wesley Avenue 2135 Wesley Avenue Calvary Cemetery Gate (401 Chicago Ave.) Centennial Fountain and Merrick Rose Garden (1100-08 Lake St.; 1426-36 Oak Ave.) Flagpole Monument (Patriot's Park; 1605 Forest PI.) Greensward (1200 Block Michigan Ave.) Horse Trough (Yerkes Fountain) (Sheridan at Clark) Patten Fence, steps and planter (1200 Block Lake St.; 1425-35 Asbury Ave.; 1426-36 Ridge Ave.) Rookwood Apartments Garden (714 Noyes St.) 2101 Block Sheridan Road (Shakespeare Garden) SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: This ordinance must be in full force and effect after its passage, approval, and publication in a manner provided by law. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity must not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. Introduced: Apfil -�3 L Adopted: Ma' Attest: Devon Reid, City Clerk 12018 Approved: 12018 j tfw , 2018 teph H. H.6664, 4ryor/ Approved as to form: U� Michelle L. Masoncup, Interim orporation Counsel -53-