Historic District: A place or area designated as such by ordinance of the City Council. To be designated as such the historic district must contain with definable geographic boundaries, one or more landmarks along with other buildings, places or areas which contribute to the overall visual characteristics of the district and as an aggregate possess historic significance for the City of Kankakee.

Historic Structure: Any structure or building designated as a landmark or located in an historic district.

Improvement: Any building, structure, work of art, place, parking facility, fence, gate, wall or other object constituting a physical addition to real property of any part of such addition.

Landmark: Any improvement so designated by ordinance of the City Council which is worthy of rehabilitation, restoration, and preservation because of its historic significance to the City of Kankakee.

Sec. 35‑03. Historical Commission - Powers, Duties and Responsibilities.

Subject to state law and the procedures as set forth herein, the Kankakee Historical Preservation Commission shall have and may exercise the following powers, duties and responsibilities:

1. To designate landmarks and historical districts within the corporate limits of the City of Kankakee in accordance with the procedures and standards hereinafter set forth; and

2. To recommend that the City Council designate by ordinance certain improvements as landmarks, if they qualify as set forth herein; and

3. To recommend that the City Council designate by ordinance certain places and areas as Historic Districts, if they qualify as set forth herein; and

4. To issue or deny certificates of appropriateness and economic hardship in accordance with the procedures and criteria hereinafter set forth; and

5. To adopt rules and regulations, including such guidelines as may be deemed necessary for review of applications for certificates of appropriateness; and

6. To keep a register of all property and improvements which have been designated for preservation; and

7. To provide financial and technical assistance to the owners of property and improvements which have been designated for preservation; and

8. To retain, upon approval by the City Council such specialists as may be required from time to time; and

9. To make suggestions and recommendations relative to the nomination of designated property and improvements to state and national registers; and

10. To adopt, publish, and make available by‑laws for the conduct of commission meetings not inconsistent with the "Administrative Review Act of 1945", Chapter 110, Section 264 et. seq. of the Illinois Revised Statutes;

11. To certify this ordinance with the Illinois Office of Preservation Services of the Illinois Department of Conservation and with the Secretary of the U. S. Department of the Interior so as to qualify Historic Structures under this ordinance as Historic Structures under the "Tax Reform Act of 1976", Section 2124; and

12. To recommend the City's acquisition by donation, purchase or eminent domain of a fee or lesser interest in designated property and improvements, including but not limited to easements, covenants and leasehold interests; and to reconstruct, maintain, operate or transfer such property so acquired, all in accordance with the purposes, procedures and standards set forth herein; and

13. To act as conservator of, and therefore sue on behalf of, any landmark or Historic District when it appears to the Commission that the interest of the public in the landmark or Historical District is in need of protection through the exercise of litigation; and

14. To receive funds from federal, state and private sources for deposit in a separate account of the City to be referred to as the preservation fund, which funds shall only be loaned or expended by the commission with the approval of the City Council for such purposes as publishing maps and brochures, hiring staff persons or consultants and performing such other functions as are appropriate for the purposes of this ordinance.

Sec. 35‑04. Historical Commission Membership.

The Kankakee Historical Preservation Commission shall consist of seven 7 members selected by the Mayor with the advice and consent of the City Council. The initial members shall serve staggered terms as determined by lots drawn at the first regular meeting of the commission, one member to serve for one year, three 3 members to serve for two 2 years, and three 3 members to serve for three 3 years. As each initial term expires, appointments shall be made for full terms of three 3 years and until the respective successor of each member is appointed. Vacancies shall be filled by appointment for the remainder of any unexpired term. Members may be appointed for no more than two 2 consecutive terms and shall serve without compensation.

All voting members of the commission shall be residents of the City of Kankakee and shall be appointed on the basis of demonstrated expertise, experience or interest in the areas of anthropology, architecture, art, building construction, engineering, finance, historical and architectural preservation, history, law, neighborhood organizing, planning or real estate.

(Ord. 87-42, 10-19-87) amended by (Ord. 91-04, Sec 4, 1-22-91)

Sec. 35‑05. Historical Commission - Organization.

The Mayor shall appoint a chairman, vice‑chairman and a secretary from among the members of the commission for terms of one year. The chairman shall preside over meetings. In the absence of the chairman, the vice‑chairman shall perform the duties of the chairman.

The secretary shall:

1. Take the minutes of each commission meeting; and

2. Prepare reports of decisions and findings of fact of the commission; and

3. Publish and distribute to the commissioners and to such persons who may for each meeting so request in writing, the minutes, reports and decisions of the commission; and

4. Report on behalf of the commission to the City Council on matters requiring Council consideration.

The commission shall adopt rules for the conduct of its business. Commission meetings shall be held at regular intervals at least four times a year. All meetings shall be open to the public.

A quorum shall consist of four (4) members. The transaction of business shall be made by a majority vote of those members in attendance while a quorum is present, except that the adoption, modification or recision of any rule or part thereof shall require the affirmative vote of four (4) members. Members shall be automatically dismissed from the commission upon failing to attend at least two‑thirds of all meeting held during a one year period.

(Amended by Ord. 91-04; 1-22-91)

The Mayor may, in his discretion, remove any member for incompetence, neglect of duty or malfeasance in office. The Mayor shall within ten 10 days, report in writing such removal to the City Council with the reasons therefor.

Upon recommendation by the commission, the mayor, with the advice and consent of the City Council, may appoint an executive director to provide staff support to the commission. Such director shall be salaried and provided with an office.

No commissioner shall vote on any matter which may materially or apparently affect the property, income, or business interest of that commissioner. No action shall be taken by the commission which directs a private owner to do or refrain from doing any specific thing, or which refuses to permit a private owner to do some specific thing he desires to do, in connection with property designated as set forth herein; unless due notice is given to such owner as provided herein, and unless such owner shall have had the opportunity to be heard at a public meeting or the commission. (Ord. 91-4, Sec. 5,1-22-91)

Sec. 35‑06‑ 35‑10. Reserved.

ARTICLE II ‑ Designation Standards

Sec. 35‑11. Historical Landmarks.

The Commission shall consider the following in reviewing property and improvements for designation as landmarks:

1. Significant value as part of the historical, cultural, artistic, social, ethnic or other heritage of the nation state or community; and

2. Association with an important person or event in national, state or local history; and

3 Representative of the distinguishing characteristics of an architectural type inherently valuable for the study of a period, style, integrity of design, draftmanship, method of construction or use of indigenous materials; and

4. Notable work of a master building, designer, architect or artist whose individual genius has influenced an era; and

5. Identifiable as an established and familiar visual feature in the community owing to its unique location or setting or physical characteristics; and

6. Owner preferences; and

7. Demonstrated historical and/or architectural significance.

Sec. 35-11.1 Historic Districts.

The commission shall consider the following in reviewing property and improvements for designation as historical districts:

1. Any of the standards listed for designation as historical districts:

2. Any of the standards listed for landmarks in consideration for designation; and

3 Homogeneity of architectural design or dates of construction throughout the area; and

4. Identifiable by clear and distinctive boundaries; and

5. Repetition of distinguishing architectural or land use characteristics throughout the area. (Ord. 87-42; 10-19-87)

Sec. 35‑12. Local Historical Landmarks.

1. The Stone Barn situated in the southwest corner of City Parking Lot No. 9 in the City of Kankakee. (Ord. 78-49, Section 2,11-20-78)

2. The Harley B. Bradley House, 701 S. Harrison Avenue, Kankakee Illinois (Ord. 86‑29)

3. The Illinois Central Depot located at 199 S. East Avenue, Kankakee, Illinois (Ord. 88‑18, Sec. 1, 7‑5‑88)

4. The Kankakee Public Library, situated on the southeast corner of the intersection of Station Street and Indiana Avenue, Kankakee, Illinois (Ord. 89-06; 3-6-89)

Sec. 35‑13 ‑ 35‑15. Reserved

ARTICLE III ‑‑ Designation Procedure.

Sec. 35‑16. Application for landmark/historic district.

The commission, by a three‑fifths vote of all members, or any person, group of persons or association, may apply for a landmark or historic district designation for property and improvements located within the corporate limits of the City of Kankakee.

Applications shall be filed with the commission on forms provided by the commission. The application shall include or be accompanied by the following:

1. The name and address, as shown on the tax assessor's rolls, of the owner of the property proposed for designation; and

2. The legal description and common street address of the property proposed for designation; and

3. A map delineating the boundaries and location of the property proposed for designation; and

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

5. An indication of whether or not the owner consents to the proposed designation; and

6. Such other information as may be required by the commission.

Sec. 35‑17. Application procedure - landmark/historic district.

Upon receipt of an application for designation a preliminary review shall be scheduled to be held at the next regular meeting of the commission. The applicant shall be notified of the time and place of the preliminary review.

At the next regular meeting following the receipt of an application for designation, the commission shall consider the application and decide whether it merits a public hearing. If the commission finds the application does not merit a public hearing, it shall enter a formal denial of the application which shall constitute the final administrative decision.

Sec. 35‑18. Public Hearing and Decision - landmark - historic district.

If the commission finds at the time of the preliminary review that an application merits further consideration, then a public hearing shall be scheduled to be held.

The applicant and owner of the subject property shall be notified in writing as to the date, time, place and purpose of the public hearing. Written notice shall also be given to any other persons having a legal or equitable interest in the property proposed for designation. Such notice shall be sent not less than fifteen 15 days in advance of the hearing by certified mail.

A notice in a newspaper of general circulation in the City of Kankakee shall be published, describing the property proposed for designation, and setting forth the date, time, place and purpose of the hearing. A copy shall also be posted on the subject property.

The applicant shall produce at the time of the hearing such information as the commission may require including, but not limited to, the following:

1. All information required with the application; and

2. A visual presentation of the significant improvements on the subject property, together with information as to the age, condition and use of each; and

3. Proposals for preservation and enhancement of the property proposed for designation.

The applicant and the owners of subject property shall be entitled to speak at the public hearing and the commission may accept comments from all other interested parties. The commission shall review and evaluate all available information according to the applicable standards set forth herein. The hearing may be continued from time to time without further public notice. The commission shall present a written report within thirty 30 days of last public hearing which shall contain its findings and conclusions.

If the commission recommends designation, a letter from the commission requesting designation shall be sent to the City Council. The City Council shall make the final decision and upon designation by ordinance of the Council, such property shall be a landmark or historic district and afforded the protection of the Historical Preservation ordinance.

A copy of the ordinance designating the property as a landmark or historic district shall be recorded with the deed to said property at the office of the County Recorder of Deeds.

Sec. 35‑19 ‑ 35‑20. Reserved

ARTICLE IV -REGULATION OF ALTERATION, CONSTRUCTION AND DEMOLITION

Sec. 35‑21. Scope of Regulation - alteration, construction and demolition.

Work on property and improvements shall be regulated as follows:

1. Landmarks: No alterations, interior construction which affects structural members, exterior construction or exterior demolition may be performed on property and improvements which have been designated under this chapter as landmarks, except as shall be approved by a certificate of appropriateness; and

2. Historic Districts: No alterations, exterior construction or exterior demolition may be performed on property and improvements located with an area which has been designated under this chapter as an historical district, except as shall be approved by a certificate of appropriateness.

Sec. 35‑22. Historical Commission - Certificate of Appropriateness ‑ Procedure.

Applications for certificates of appropriateness shall be filed with the commission on forms provided by the commission and shall be accompanied by such information, plans, elevations, specification and other documents as the commission may require. Any applicant may request a meeting with the commission before submitting an application and may consult with the commission during the review of the application.

At the next regular meeting, the commission shall review the application and may grant a certificate of appropriateness if it finds that the proposed work is clearly appropriate and in accordance with the applicable criteria as set forth herein and the purposes of this chapter.

Sec. 35‑23. Historical Commission - Certificate of Appropriateness - Criteria.

The commission shall be guided by the following general standards:

1. Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.

2. The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural feature should be avoided when possible.

3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and that seek to create an earlier appearance shall be discouraged.

4. Changes that may have taken place in the course of time are evidence of the history and development of a structure or site 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 or examples of skilled craftsmanship that characterize a building, structure, or site shall be treated with sensitivity.

6. Deteriorated architectural features shall be repaired rather than replaced, whenever 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 duplication of features, substantiated by historic, physical, or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

8. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to any project.

9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical architectural, or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment.

10. Whenever possible, new additions or alterations shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

Sec. 35‑24. Historical Commission - Certificate of Economic Hardship.

Notwithstanding any of the provisions of this article to the contrary, the commission may issue a certificate of economic hardship to allow the performance of work for which a certificate of appropriateness would have been denied. If the commission finds that without the approval of the proposed work, the property and improvements cannot be put to a reasonably beneficial use or the owner cannot obtain a reasonable economic return, then the commission shall issue a certificate of economic hardship approving the proposed work. The following information shall be used to make a determination of economic hardship:

1. Estimate of the cost of the proposed construction, alteration, demolition, or removal and an estimate of any additional cost that would be incurred to comply with the recommendations of the Preservation Commission for changes necessary for the issuance of a Certificate of Appropriateness;

2. A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation;

3. Estimated market value of the property in its current condition; after completion of the proposed construction, alteration, demolition, or removal; after any changes recommended by the Preservation Commission; and, in the case of a proposed demolition, after renovation of the existing property for continued use.

4. In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional experienced in rehabilitation as to the economic feasibility or rehabilitation or reuse of the existing structure on the property.

5. Amount paid for the property, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer;

6. If the property is income producing, the annual gross income from the property for the previous two (2) years itemized operating and maintenance expenses two (2) years; and depreciation deduction flow and annual cash before and after debt service, if any, during the same period;

7. Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years;

8. All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing or ownership of the property;

9. Any listing of the property for sale or rent; price asked and offers received, if any, within the previous two (2) years;

10. Assessed value of the property according to the two (2) most recent assessments;

11. Real estate taxes for the previous two (2) years;

12. Form of ownership or operation of the property, whether sole proprietorship, for‑profit or Not‑for‑profit Corporation, limited partnership, joint venture, or other;

13. Any other information, including the income tax brackets of the owner, applicant, or principal investors in the property considered necessary by the Preservation Commission to a determination as to whether the property does yield or may yield a reasonable return to the owners.

Sec. 35‑25. Historical Commission - Ordinary Maintenance and Repairs.

Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in an historic district or on a landmark site which does not involve a change in design, material, color or the outward appearance thereof; nor to prevent any alteration or demolition which the Building Inspector shall certify is required by the public safety because of an unsafe or dangerous condition; nor to prevent any alteration or demolition under a permit issued prior to the date of petitioning.

A certificate of appropriateness shall be required if a proposed alteration or demolition constitutes a material change in the exterior appearance of a landmark or of property within an historic district notwithstanding that neither a building or demolition permit is required. Failure to receive a certificate prior to effecting such material change shall constitute a violation of this ordinance.

Sec. 35‑26. Appeals to Historical Commission.

Decisions of the commission in the granting or denying of certificates of appropriateness shall be final administrative decisions as defined in the "Administrative Review Act", Chapter 110, Section 264 of the Illinois Revised Statutes. Appeals to decisions of the commission shall be made directly to a court of competent jurisdiction in the manner prescribed in the "Administrative Review Act".

Sec. 35‑27 ‑ 35‑30 Reserved.

ARTICLE V ‑‑ Miscellaneous Provisions

Sec. 35‑31. Zoning applications to be submitted to Historical Commission.

Whenever an application for a zoning amendment, variation or special use permit is submitted to the Zoning Commission for property within a designated historic district, or which is a landmark site, then a notice of any public hearing to be held on the application by the Board of Appeals shall be sent to the Historical Preservation Commission. Such notice shall be the same as that sent to owners of property adjacent to that for which the application was filed. The commission shall submit its decisions or recommendation on the application.

Sec. 35‑32. Violations of ordinances dealing with Historical Commission.

Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifty dollars $50.00 nor more than five hundred dollars $500.00. Every day such violation shall continue to exist shall constitute a separate violation.

Sec. 35‑33. Severability of sections of chapter on Historical Commission.

The sections and provisions of this chapter shall be deemed to be separable and the invalidity of any section or provision of this ordinance shall not affect the validity of the remainder.

Sec. 35‑34. Historical Commission - Effective Date.

This ordinance shall be in full force and effect from and after its passage, approval and publication in accordance with the statute. Ord. No. 85-43, Art.1 - 4, 9-16-85 amended by Ord. No. 87‑42, Sec. 35-1--35-34, 10‑19‑87

Sec. 35‑36 ‑ 36‑40. Reserved.