Chapter 15.60
HISTORICALLY SIGNIFICANT PROPERTIES
Sections:
15.60.010 Declaration of policy.
15.60.020 Authority to designate properties as having historical significance.
15.60.060 Final notice to property owner.
15.60.010 Declaration of policy.
It is hereby found and declared that in the village the movements and shifts of population and the changes in residential, commercial and industrial use and customs tend to threaten with disappearance areas, places, buildings, structures, works of art and other objects having a special historical, community or aesthetic interest or value and whose preservation and continued utilization are necessary and desirable to sound community planning and the welfare of the residents of this village. The authority herein provided is directed to such ends, and the use of such rights and powers as herein provided for the preservation and continued utilization of such property is hereby declared to be a public use essential to the public interest of the village. (Ord. 95-34 § 1, 1995)
15.60.020 Authority to designate properties as having historical significance.
A. Village Board. The village board shall have the power to provide for historical significance designation by ordinance of areas, places, buildings, structures, works of art and other objects so designated by ordinance, whether owned or controlled privately or by any public body, to provide special conditions, to impose regulation governing construction, alterations, demolition and use, to deny application for building demolition permits and building permits to add to, modify, or remove a portion of any such landmark building, and to adopt other additional measures appropriate for their preservation, protection, enhancement, rehabilitation, reconstruction, perpetuation, or use, which additional measures may include, but are not limited to the authority given to all municipalities by 65 ILCS 5/Art. II Div. 48.2 and specifically 65 ILCS 5/11.48.2-2 thereof.
B. Other Village Commission. The village board may at any time, by ordinance, create a new or special commission, board or department or designate an existing commission, board or department to administer the forgoing powers and purposes in lieu of the village board or as advisory assistant to the village board, in accordance with the authority found in 65 ILCS 5/11.48.2-3. (Ord. 95-34 § 1, 1995)
15.60.030 Procedure.
Any individual or group of individuals wishing to have a site designated as having historical significance shall make application to the village on a form to be developed by the village. The village board may also initiate such application on its own motion. The application shall describe the site to be designated and shall include a detailed statement of the reasons why the applicant believes the site should be designated as having historical significance. Each such application shall be scheduled for informal review at a public meeting of the village board. At the conclusion of that informal review, if the village board believes that the application merits further consideration, they shall schedule a public hearing at which time testimony may be given for and/or against such designation. At the conclusion of that public hearing, the village may either deny the application, instruct the village attorney to draft the necessary ordinance designating the property as having historical significance, refer the matter for addition study or review, or take any other action authorized by 65 ILCS 5/Art. II Div. 48.2. When designating any property as an official landmark, the village board shall support that designation with findings of fact based upon testimony given at said public hearing. (Ord. 95-34 § 1, 1995)
15.60.040 Notice.
No action taken by the village under this chapter directing a private owner to do or refrain from doing any specific thing, or refusing to permit a private owner to do some specific thing he desires to do, in connection with property designated by ordinance hereunder, shall be taken by the village except after due notice to such owner and opportunity for such owner to be heard at the public hearing required under RMC 15.60.030. “Due notice” shall mean a minimum of fifteen days’ written notice to the actual owner of record of the subject property. Such notice shall either be hand delivered or mailed by certified or registered mail. The said fifteen-day period shall begin to run from the date said notice is delivered by either certified or registered mail in the United States mail addressed to the owner of record at his or her place of residence. If the address of one or more owners of the subject property cannot be located by the village, notice of said public hearing may be given to any such owner by publication of the time and place of said hearing and the purpose of said hearing, including the commonly known address and legal description of the subject property, in a newspaper of general circulation within the village at least fifteen days prior to said public hearing. (Ord. 95-34 § 1, 1995)
15.60.050 Criteria.
In determining whether property should be given historical significance designation, the village board, or any other commission, board or department acting under the authority of this chapter, shall consider the following criteria and shall also consider any additional justification for granting or denying an application under this chapter as found in the application itself or as established or suggested by the public hearing required to be held under this chapter:
A. The site has major architectural or aesthetic significance to the community.
B. The site is representative of the distinguishing characteristics of an architectural type, style, method of construction or of local materials or craftsmanship.
C. The site is the work of or associated with a national or locally known architect or builder.
D. The site is an example of a particular style in terms of detail, material and/or workmanship with little or no alteration to the original structure.
E. The site has a strong association with the life or activity of a person or persons who have contributed to or participated in the historical events of the nation, state or community.
F. The site is associated with an antiquated use due to technological or social change in the nation, state or community.
G. The site is or has been in the past the residence of a prominent figure.
H. The site is representative of a historical era in the development of the village. (Ord. 95-34 § 1, 1995)
15.60.060 Final notice to property owner.
Should the village board adopt an ordinance designating said property as having historical significance, a certified copy of that ordinance shall be furnished to the property owner within ten days after its effective date. Failure of the property owner to receive such ordinance within said ten-day period shall not invalidate the force and effect of that ordinance. This section shall be satisfied by personal delivery or by the depositing of said certified copy in the United States mail by either certified or registered mail within said ten-day period, addressed to the said owner at his or her last known place of residence or business, or if not known, then in care of the address of the landmark property itself. (Ord. 95-34 § 1, 1995)
15.60.070 Regulation of construction and alteration and demolition of historically significant properties.
A. Definitions. Words and phrases used in this chapter shall have the following meaning:
1. “Alteration” means any act or process which changes one or more of the “exterior features” of the property and improvements which have been designated for preservation under this section.
2. “Construction” means any act or process which requires a building permit.
3. “Demolition” means any act or process which destroys or removes, in whole or in part, an improvement which has been designated for preservation under this chapter.
4. “Exterior features” includes the architectural character, the general composition and the general arrangement of the exterior of an improvement, including the kind, color and texture of building materials and the type and character of windows, doors, light fixtures, signs, fences and appurtenant elements visible from public streets and thoroughfares.
B. Scope of Regulations. No alterations, interior construction which affects structural members, exterior construction, or exterior demolition may be performed on property and improvements which have been designated as historically significant under this chapter, unless first approved by the village board.
C. Approval Procedure.
1. Applications for alterations, interior construction which affects structural members, exterior construction or demolition of historically significant designated properties shall be filed with the village clerk on forms provided by the village. The applicant shall furnish such information, plans, specifications, and other documents as the village clerk or village board may reasonably request in connection with said application.
2. The village board shall review such application within thirty days of its having been filed with the village clerk and shall approve the request if it finds that the proposed work is in accordance with the applicable criteria hereinafter established in this chapter. Should the village board determine that the proposed work is not in accordance with the criteria hereinafter established then it shall schedule a public hearing to be held within the next sixty days. The applicant shall be notified in writing of the time, date, place and purpose of such hearing by certified mail, properly addressed to the applicant at the address given on the application. Notice of that public hearing shall also be given by certified mail to the owners of record as shown on the tax assessor’s most recent rolls, of property within two hundred and fifty feet in each direction of the subject property. All such notices shall be mailed not more than thirty nor less than ten days in advance of said hearing. Also, notice shall be published at least once not less than fifteen days nor more than thirty days in advance of such hearing in a paper of general circulation in the village. The hearing may be continued from time to time without further notice.
3. At that public hearing, the applicant, all notified property owners and all other interested parties shall be allowed to speak. A record of the proceeding shall be made and maintained by the village clerk.
4. The village board shall render a decision to approve, deny or modify the applicant’s request on the basis of the criteria hereinafter established within thirty days after the conclusion of said public hearing. The village board’s decision shall be in writing and shall include findings of fact in support thereof. A copy of the decision shall be mailed to the applicant.
5. If the proposed work is approved, no change may be made in that proposed work without the submission of a new application. If the proposed work is denied, the same application shall not be resubmitted within the next twelve months upon the written request of an applicant indicating the incorporation of changes in plans and specifications as may have been recommended by the village board.
D. Approval Criteria. The village board shall consider, where applicable, the following criteria in determining whether or not proposed work, including demolition, is compatible and appropriate:
1. Whether the proposed work will highlight or positively enhance any exterior feature of the property and improvements.
2. Whether any new improvements will have a positive effect and harmonize with the external appearance of neighboring improvements.
3. The extent and process of any proposed demolition and subsequent changes in landscaping.
4. Whether the proposed work will result in the maintenance or addition of site landscaping and other vegetation.
5. A report from the building inspector on the state of repair and structural stability of the improvement under construction.
6. Any changes in the essential character of the area which would occur as a result of approval of the application.
7. Whether the proposed work is in accordance with the Secretary of the Interior’s standards for rehabilitation as found in Title 36 of the Code of Federal Regulations, Part 67, as amended from time to time.
8. Whether the proposed work conforms to any design criteria or other specific guidelines which the village board may later adopt.
9. If the proposed work is for complete demolition:
a. Whether, applying the criteria of RMC 15.60.050, the village would suffer an irreparable loss.
b. Whether there are other structures in the community having the same or similar historical background or whether the subject property is unique.
c. Whether the proposed new use of the subject property is permitted under the village’s zoning ordinance.
E. Economic Hardship.
1. In addition to the criteria established in this chapter for approval of construction, alteration and demolition of historically significant designated properties, at any public hearing held as required in subsection (C)(2) of this section, the village board shall also consider any evidence of economic hardship presented by the applicant or on behalf of the applicant. Evidence of economic hardship, as a minimum, should consist of an affidavit signed by or on behalf of the applicant and should specify the following:
a. The 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 and the person from whom the property was purchased).
b. The assessed value of the land and improvements thereon according to two most recent assessments.
c. Real estate taxes for the previous two years.
d. Annual debt service, if any, for the previous two years.
e. All appraisals obtained within the previous two years by the owner or applicant in connection with his purchase, financing or ownership of the property.
f. Any listing of the property for sale or rent, and the price asked.
g. Any consideration by the owner as to profitable adaptive uses for the property.
h. If the property is income producing, the annual gross income from the property for the previous two years, itemized operating and maintenance expenses from the previous two years, and annual cash flow, if any, during the same period.
2. If the village board finds that without approval of the proposed work, the owner of the subject property would be deprived of all reasonable beneficial use of or return from the subject property then the application shall be delayed for a period not to exceed six months. During this delay period, the village board shall seek to determine a reasonable beneficial use or a reasonable economic return for the subject property or to otherwise preserve the subject property and improvements. Such plans may include, but are not limited to, a relaxation from the provisions of this chapter.
3. If, at the end of said six-month period, the village board has determined that without approval of the proposed work, the owner of the subject property would be deprived of all reasonable or beneficial use or return from said property, then the village board shall approve the proposed work. If the village board finds otherwise, it shall issue, deny or modify the requested application as authorized by this chapter. (Ord. 95-34 § 1, 1995)
15.60.080 Appeals.
An appeal from the final decision of the village board under this chapter shall be taken directly to a court of competent jurisdiction in the manner prescribed in the Illinois Compiled Statutes. (Ord. 95-34 § 1, 1995)