10-17-1: PURPOSE AND INTENT:

Historic preservation in the village of Antioch is established for the purposes of:

   A.   Providing a mechanism to identify and preserve the distinctive historic architectural areas, buildings, structures, landscapes, and archaeological sites which represent elements of the village's cultural, social, economic, political, and/or architectural history;

   B.   Fostering civic pride in the beauty and noble accomplishments of the past as embodied in the village's architecture and historic sites;

   C.   Protecting and increasing the value of property within the historic districts of the village and those sites designated as landmarks;

   D.   Encouraging preservation, restoration, and rehabilitation of the village's historic buildings and structures and of its historic residential and commercial neighborhoods; and

   E.   Ensuring that the economic benefits resulting from preservation (for example, tax incentives, new jobs, renewed buildings) are available to the citizens of Antioch. (Ord. 19-12-43, 1-13-2020)

10-17-2: HISTORIC PRESERVATION COMMISSION:

   A.   Establishment: There is hereby established a historic preservation commission which shall consist of five (5) members.

   B.   Membership; Officers; Quorum; Meetings:

      1.   Members shall be appointed on the basis of demonstrated interest and/or professional expertise and experience in the areas of archaeology, architecture, architectural history, art, art history, building construction, engineering, finance, historical and architectural preservation, history, landscape architecture, law, planning, real estate, or urban design.

      2.   A planning division staff member shall serve as a liaison to the historic preservation commission as a non-voting, ex officio member.

      3.   The village president shall appoint, subject to the approval of the village board, the members of the historic preservation commission for terms of three (3) years. Initial members shall serve staggered terms of three (3) appointed for three (3) years terms, and two (2) for two (2) year terms.

      4.   The village president, with the advice and consent of the board of trustees, shall appoint the chairperson, vice-chairperson, and such officers as determined to be appropriate.

      5.   Officers shall serve for terms of one (1) year, commencing May 1 and ending April 30 of the following year, and shall be eligible for re-appointment.

      6.   A quorum shall consist of a majority of the members. All recommendations to the village board shall be made by a majority of those members present at any meeting where a quorum exists.

      7.   Meetings shall be held at regularly scheduled times and at the call of the chairperson, as necessary.

      8.   Minutes of the proceedings of each meeting shall be made and kept as required by law.

      9.   Attendance will be taken and included in the minutes which will be made available to the village board.

      10.   Any member of the historic preservation commission who fails to attend three (3) consecutive meetings or who fails to attend one half (1/2) of all meetings held within any twelve (12) month period may be replaced as recommended by the village president and approved by the board of trustees.

      11.   The historic preservation commission shall provide an annual written report of its activities to the village president and board of trustees by June 1 of each year.

      12.   All meetings shall conform to the requirements of the “open meetings act.’

      13.   Members shall serve with compensation as established by the village board.

      14.   Commission members shall recuse themselves from any official involvement, including any deliberation or voting as to any property which they own or have any ownership interest in, that is the subject of historic landmark nomination or designation, historic district nomination or designation, a certificate of appropriateness, a certificate of economic hardship, or any subdivision, planned unit development, or zoning review process as set forth in this title.

   C.   Powers And Duties Of The Historic Preservation Commission: The historic preservation commission shall have the following powers and duties:

      1.   To adopt its own procedural regulations;

      2.   To conduct an ongoing survey to identify such buildings, structures, sites, objects, or historic districts within the planning jurisdiction of the village as well as other properties as they are annexed into the village that are historically or architecturally significant in that they exemplify and/or reflect the cultural, social, economic, political, or architectural history of the nation, state, or village;

      3.   To allow for the review and comment from Lake County, Illinois regarding any actions pertaining to the annexation of property designated as a county landmark into the village of Antioch;

      4.   To investigate, hold public hearings, and recommend to the village board the adoption of ordinances designating certain buildings, structures, or sites as having special historic, community, scenic, architectural, or archaeological value as historic landmarks;

      5.   To investigate, hold public hearings, and recommend to the Village Board the adoption of ordinances designating certain Antioch areas as having special historic, community, scenic, architectural, or archeological value as historic districts;

      6.   To maintain a register of all property and structures which have been designated under this title, including all information required for such designation;

      7.   To inform and educate the citizens of Antioch concerning the historic and architectural heritage of the village;

      8.   To advise and assist owners of landmarks and property or structures within historic districts on physical and financial aspects of preservation, renovation, rehabilitation, and re-use, and on procedures for inclusion on the national register of historic places;

      9.   To advise and assist owners of historically significant properties or within certified historic districts to receive certification for repairs and alterations so that the owner will qualify for state property tax or federal tax credit programs;

      10.   To recommend certification of designated historic landmarks and districts, with the approval of the village board, to the Illinois historic preservation agency;

      11.   To nominate landmarks and historic districts, with the approval of the village board, to the national register of historic places;

      12.   To develop criteria, with the approval of the village board, for the alteration, construction, or removal of landmarks and property and structures within historic districts;

      13.   To hold public hearings and to review applications for certificates of appropriateness for new construction within historic districts and for additions to, alterations, removal, or demolition of buildings or structures within historic districts or designated landmarks and to consider applications for certificates of appropriateness for such actions and recommend approval, approval with conditions, or denial to the village board for proposed "major work;"

      14.   To hold public hearings and to review applications for certificates of appropriateness for additions to, alterations, removal, or demolition of buildings or structures within historic districts or designated landmarks and to consider applications for certificates of appropriateness for such actions and approve, approve with conditions, or deny proposed "minor work;"

      15.   To consider applications for certificates of economic hardship and recommend approval, approval with conditions, or denial to the village board;

      16.   To develop criteria for the redevelopment of historically significant sites or properties;

      17.   To review proposed zoning amendments, applications for special uses, or applications for zoning variances which affect designated historic landmarks, districts, or property adjacent thereto. The planning division shall send applications for special use or zoning variances to the commission for comment prior to the date of the hearing by the plan commission or the village board;

      18.   To testify before appropriate boards and commissions on any matters affecting historically or architecturally significant property, structures, or areas;

      19.   To administer on behalf of the village, upon designation by the board of trustees, any property or full or partial interest in real property, including a conservation right as that term is used in chapter 765 of the Illinois Compiled Statutes section 120, paragraph 1, which the village may have or accept as a gift or otherwise;

      20.   To recommend application for, acceptance of, and administration of such gifts, grants and money as may be appropriate for the purposes of this title to the board of trustees;

      21.   To develop a preservation component for the comprehensive plan for the village and to recommend it to the plan commission;

      22.   To periodically review the village zoning ordinance as it relates to historic preservation and to recommend amendments/updates to the plan commission;

      23.   To confer recognition upon the owners of landmarks upon buildings, structures, sites, or objects within historic districts by means of certificates, plaques, markers, and the like; and

      24.   To undertake any other action or activity necessary and appropriate to the implementation of its powers and duties or to the implementation of the purpose of this title not inconsistent with this code. (Ord. 19-12-43, 1-13-2020)

10-17-3: HISTORIC LANDMARK NOMINATION AND DESIGNATION PROCEDURES:

   A.   Nominations:

      1.   Nominations for landmark designation shall be made to the historic preservation commission by any village property owner or businessperson by completing the application form available from the community development department.

      2.   A property or site may also be nominated by the commission or the village board.

      3.   In cases where the nominator is not the property owner, a statement of consent signed by the owner(s) of record of the subject property must be attached to the nomination form.

      4.   Upon receipt of a completed application and until a determination is made by the village board, no permits shall be issued for alteration, construction, removal, or demolition of the proposed landmark.

      5.   Nomination applications shall include the following:

         a.   The name and address of the owner of record of the property proposed for designation;

         b.   A legal description, common street address, and tax parcel identification number of the property proposed for designation;

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

         d.   Historic and current photographs of subject property;

         e.   A written statement describing the property along with any improvements thereupon and setting forth the reasons the property is eligible for nomination, including a statement indicating which of the criteria in division C are met by nomination; and

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

   B.   Hearing:

      1.   Within thirty (30) days of receiving a completed nomination, a public hearing shall be scheduled to consider the eligibility of a property for landmark designation.

      2.   At the hearing, the commission will take testimony presented by the nominator, the owner, and any other interested parties who wish to comment on the application in relation to the criteria for designation as a landmark. The nominator shall be responsible to make the case for designation and supply such supporting evidence of eligibility as can be made available.

   C.   Criteria: The commission shall evaluate the property's eligibility for landmark designation based on its historic and/or architectural significance, the integrity of its design, workmanship, materials, location, setting and feeling, and the extent to which it meets one (1) or more of the following criteria:

      1.   Has character, interest, or value which is part of the development, heritage, or cultural character of the community, county, state or nation;

      2.   Is suitable for preservation or restoration;

      3.   Has yielded, or is likely to yield, information important to prehistory, history, or other areas of archaeological significance.

   D.   Decision:

      1.   The commission may recommend approval, approval with stipulations or denial of the landmark nomination as a whole or parts thereof.

      2.   Within thirty (30) days after the conclusion of the public hearing, the commission shall make a recommendation regarding the proposed landmark designation to include the findings and reasoning. The recommendation will be forwarded to the village board for consideration.

      3.   Landmark designations and additions or modifications to their boundaries shall be made by ordinance, which shall include the legal description of the area to be included within the landmark designation.

   E.   Landmark designation may be rescinded by the same procedures and according to the same criteria set forth herein for landmark designation. No nomination application relating to the same property will be entertained by the commission for twelve (12) months following denial. (Ord. 19-12-43, 1-13-2020)

10-17-4: HISTORIC DISTRICT NOMINATION AND DESIGNATION PROCEDURES:

   A.   Nominations:

      1.   Nominations for district designation shall be made to the historic preservation commission by any village property owner or businessperson by completing the application form available from the community development department.

      2.   A district may also be nominated by the commission or the village board.

      3.   Upon receipt of a completed application and until a determination is made by the village board, no permits shall be issued for alteration, construction, removal, or demolition for any property within the proposed district.

   B.   Notice: Not less than thirty (30) days prior to the scheduling of a public hearing to review a proposed district, the village shall mail written notices of a neighborhood question and answer session via certified mail and first class mail to all property owners as shown on the record of the local real estate tax collector within the proposed district boundaries. The notice shall include an "owner consent form" that allows the property owner to either "consent" or "not consent" to the inclusion of the property within the boundaries of the proposed district. Additionally, the notice of the question and answer session shall include the date, time and location of the session as well as contact information for the HPC staff member. All consent forms shall be postmarked, or hand delivered to the planning division within ten (10) days of the neighborhood question and answer session in order to be considered in the determination of the proposed district boundaries as published in a public hearing notice. The nomination will not be accepted if more than fifty percent (50%) of the voting property owners whose properties are located within the proposed district boundaries object to the designation.

   C.   Nomination applications shall include the following:

      1.   The name and address of the owner of record of each property proposed for designation;

      2.   A legal description, common street address, and tax parcel identification number of all properties proposed for designation;

      3.   Historic and current photographs of properties in the proposed district;

      4.   A map delineating the boundaries and location of the district proposed for designation or a map identifying the nominated resources within the district proposed for designation;

      5.   A written statement describing the district and setting forth the reasons the district is eligible for nomination, including a statement indicating which of the criteria in division E of this section are met by nomination; and

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

   D.   Hearing:

      1.   Within thirty (30) days of receiving a completed nomination, a public hearing shall be scheduled to consider the eligibility of an area for designation as a historic district.

      2.   At the hearing, the commission will take testimony presented by the nominator, property owners, and any other interested parties who wish to comment on the application in relation to the criteria for designation as an historic district. The nominator shall be responsible to make the case for designation and supply such supporting evidence of eligibility as can be made available.

   E.   Criteria: The commission shall evaluate the proposed district for its eligibility as a historic district based on its overall historic and/or architectural significance, and the extent to which it meets one (1) or more of the following criteria:

      1.   The area contains one (1) or more buildings, structures, or sites meeting the criteria for landmark designation, and may also include other buildings, structures or sites which, although they may not qualify for individual landmark designation, contribute to the overall visual character of the area and to its architectural or historic significance;

      2.   The area is historically, economically, or culturally significant to the development of Antioch;

      3.   The area has sufficient integrity to convey the sense of a particular period in the history of the community.

   F.   Decision:

      1.   The commission may recommend additions to or deletions from a proposed historic district.

      2.   The commission may recommend approval, approval with stipulations or denial of the district nomination as a whole or parts thereof.

      3.   Within thirty (30) days after the conclusion of a public hearing, the commission should make a recommendation regarding the proposed historic district. The commission's recommendation should include a listing of those structures considered to be landmarks, contributing and non-contributing within the proposed district, as well as findings and reasonings. In addition to the recommendation for designation, the HPC shall establish a set of regulations to maintain the character of the district for future renovation, rehabilitation, and new construction projects. The regulations will be included as part of the ordinance that declares the district as historic, subject to board approval. Regulations may include: permitted and special uses; accessory buildings and uses of land; design standards; bulk, density and lot coverage standards; setback requirements; fences; and signs. These regulations will supersede the bulk zoning regulations for the area defined within the district. The recommendation and district regulations will be forwarded to the village board for consideration.

      4.   Historic districts, and additions or modifications to their boundaries, shall be made by ordinance, which shall include the legal description of the area to be included within the historic district.

   G.   Classification of an individual property as a landmark, contributing, or non-contributing within a designated historic district may be modified based on significant alterations, whether man-made or acts of nature.

   H.   No nomination application relating to the same district will be entertained by the commission for twelve (12) months following denial. (Ord. 19-12-43, 1-13-2020)

10-17-5 : CERTIFICATE OF APPROPRIATENESS:

   A.   Concept Review:

      1.   Purpose: A concept plan may be submitted for the purpose of obtaining the historic preservation commission's comments and recommendations prior to the owner spending significant time and expense in the preparation of detailed plans and architectural drawings and applying for a certificate of appropriateness.

      2.   Procedure: The property owner requesting a concept review shall submit a preliminary drawing of any exterior alterations or construction, current photographs of the property, historic photographs (if available), a map or survey showing locations of all structures on the property, and a list of proposed materials. The owner shall present the concept plan at a commission meeting.

      3.   After discussion with the owner, the commission may make a preliminary determination whether the proposed work complies with the established criteria and may make recommendations as to any changes that would bring the proposal into compliance.

   B.   Certificate Of Appropriateness: When Required:

      1.   Except as provided herein, a certificate of appropriateness is required prior to issuance of a permit for minor and major work involving any new and other construction, alteration, repair, demolition, relocation or other material change that may affect the exterior architectural appearance of any structure or site within an historic district or of any designated landmark building or site.

      2.   An application for a certificate of appropriateness shall not be required for certain projects. Projects which do not require a certificate of appropriateness include, but are not limited to, those listed below:

         a.   Change in exterior paint schemes or colors;

         b.   Ordinary repair and maintenance of existing exterior architectural features which do not permanently alter or modify the features and do not require a building permit;

         c.   Replacement of existing outside storage sheds;

         d.   Installation, removal, or change in landscaping;

         e.   Repairs to private concrete or asphalt sidewalks, and all sidewalks, curbs, streetlights, fire hydrants and street signs within the public right of way;

         f.   Replacement of existing mechanical and electrical service equipment.

      3.   The requirement for a certificate of appropriateness may be waived in emergency circumstances which require immediate relief, repair, or demolition, where the fire chief or building official certifies that such conditions exist and that said conditions can be eliminated as quickly as is needed only if the certificate of appropriateness is waived.

      4.   In the event any building, structure, or other feature should be damaged by fire or other calamity, or by act of nature, or by the public enemy to such an extent that, in the opinion of the aforesaid official or officials, it cannot reasonably be repaired and restored, it may be removed or demolished in conformity with normal permit procedures and applicable laws. Divisions 3 and 4 shall apply only in cases where it is impractical for the commission to review a certificate of appropriateness.

   C.   Certificate Of Appropriateness: Procedure:

      1.   Where a certificate of appropriateness is required, the community development department shall furnish applicants with an application for a certificate of appropriateness.

      2.   Within ten (10) days following receipt by the community development department of an application for a certificate of appropriateness, the community development department shall notify the chairperson of the historic preservation commission.

      3.   The commission shall review an application for a certificate of appropriateness within twenty one (21) days after notification by the community development department. Plans and specifications for exterior work submitted with the permit application shall be made available to the commission. The community development department shall notify the applicant of the time and place of the meeting.

      4.   Tabling the application shall be considered action by the commission provided, however, that any such delay shall not exceed twenty one (21) days unless the applicant has not provided the additional documentation or expert technical advice requested.

      5.   The commission may table the application for a certificate of appropriateness if it finds that additional documentation or expert technical advice from outside its membership is needed to properly evaluate the application. The commission may hold an additional meeting or meetings to consider the application not more than twenty one (21) days from receipt of all requested documentation and technical advice.

      6.   The commission shall approve an application for a certificate of appropriateness for projects where it is required and that meet the applicable criteria for "minor work." These projects include, but are not necessarily limited to, the following:

         a.   Addition of outside storage and mechanical and electrical service equipment not visible from a public street or sidewalk either because of location or landscaping;

         b.   Application or use of exterior roofing materials of the same kind, type, or texture as that already in use, if appropriate;

         c.   Improvements, alterations, and renovations that can be accomplished without obtaining a building permit, including, but not limited to, screening and siding using the same material as when the building was first constructed;

         d.   Erection, alteration, or removal of features associated with a physical or medical condition of an occupant, clients or customers, but which do not permanently alter exterior features, including access ramps or lifts;

         e.   Replacement of fences of the same type and material in the same location;

         f.   Installation of or change in, storm doors, storm windows, and screens;

         g.   Other such projects that are determined to be minor work, either through consistent interpretation of this chapter, or by determination of either the historic preservation commission or the village board.

      7.   If the commission finds that the work proposed in the application meets the applicable criteria of division D of this section, and is considered "major work" that will not impair the integrity of contributing structures within a historic district, it shall recommend to the village board approval of a certificate of appropriateness. The recommendation shall state its findings and reasoning, which will be forwarded to the village board.

      8.   If the commission finds on a preliminary basis that the work proposed in the application does not meet the applicable criteria of this article, it may make recommendations to the applicant concerning changes that would cause the work proposed in the application to meet the applicable criteria and may confer with the applicant in an attempt to resolve any differences between the applicant's plan and the applicable criteria.

      9.   a.   If the commission finds that the work proposed in the application does not meet the applicable criteria and will therefore adversely affect or destroy historically or architecturally significant features of a landmark or of a building, structure, or site within a designated historic district, it shall recommend denial of a certificate of appropriateness. The recommendation shall state its findings and reasoning, which will be forwarded to the village board.

         b.   Upon subsequent denial, the applicant may submit an amended application to address the findings and recommendations of the commission and the village board. If the commission finds that the amended application conforms to the findings and recommendations of the commission and the village board and to the applicable criteria set forth in this chapter, it shall issue a certificate of appropriateness, and no further action by the village board will be necessary.

      10.   A certificate of appropriateness shall be invalid if:

         a.   Changes have been made to the plans subsequent to the approval of the commission or village board; or

         b.   The permit issued for the work becomes invalid. A certificate of appropriateness remains in force for the same period of validity as the permit.

      11.   The applicant may apply for a certificate of economic hardship upon denial of a certificate of appropriateness pursuant to the following section.

   D.   Certificate Of Appropriateness: Criteria: In deciding whether to recommend approval or denial of an application for a certificate of appropriateness, the commission shall be guided by the following criteria:

      1.   The significance of a site, structure, or building:

         a.   The commission shall apply the maximum flexibility allowed by this chapter in its review of applications for new construction and for alteration, removal, or demolition of structures that have little architectural or historic significance. However, if the new construction, alteration, removal or demolition would seriously impair or destroy historically or architecturally significant features of a landmark or of a building, structure, or site within a designated historic district, the commission shall give due consideration to protection of those historically and architecturally significant features.

         b.   The following properties are presumed to have architecturally or historically significant features: 1) properties within a designated historic district that are classified as architecturally or historically significant by a survey conducted pursuant to the duties assigned to the commission; 2) properties designated as landmarks pursuant to sections of this chapter; and 3) all properties listed on the national register of historic places.

         c.   The following properties will sometimes have architecturally or historically significant features: properties within a designated historic district that are classified as architecturally or historically contributing pursuant by a survey conducted pursuant to the duties assigned to the commission and pursuant to this code.

         d.   The following properties will usually have little architectural or historic significance: properties within a designated historic district that are classified as architecturally or historically non-contributing by a survey conducted pursuant to the duties assigned to the commission and pursuant this code.

      2.   General Design Guidelines:

         a.   Height: The height of any proposed alteration or construction should be compatible with the style and character of the structure and with surrounding structures.

         b.   Proportions Of The Front Facade: The relationship between the width of a building and the height of the front elevation should be compatible with surrounding structures.

         c.   Proportions Of Windows And Doors: The proportions and relationships between doors and windows should be compatible with the architectural style and character of the building.

         d.   Relationship Of Building Masses And Spaces: The relationship of a structure to the open space between it and adjoining structures should be compatible.

         e.   Roof Shapes: The design of the roof, fascia, and cornice should be compatible with the architectural style and character of the building and with adjoining structures.

         f.   Scale: The scale of the structure after alteration, construction, or partial demolition should be compatible with its architectural style and character and with the surrounding structures.

         g.   Directional Expression: Facades in historic districts should blend with and reflect the dominant horizontal or vertical expression of adjacent structures. The directional expression of a building after alteration, construction, or partial demolition should be compatible with its original architectural style and character.

         h.   Architectural Details: Architectural details should be treated so as to make a building compatible with its original architectural style and character and to not detract from the inherent characteristics of surrounding structures.

         i.   Appurtenances: New, replaced, or restored appurtenances shall be sensitive to the individual building or structure, its occupants, and their needs.

         j.   New Structures: New structures in a historic district shall be compatible with, but need not be the same as, the architectural styles and general designs and layouts of the surrounding structures.

      3.   The U.S. Secretary Of The Interior's Standards For Rehabilitation:

         a.   A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

         b.   The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

         c.   Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

         d.   Most properties change over time; those changes that have acquired historic significance shall be retained and preserved.

         e.   Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

         f.   Deteriorated historical features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.

         g.   Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

         h.   Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

         i.   New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale and architectural features to protect the historic integrity of the property and its environment.

         j.   New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

   E.   Code Conflicts: Where there are irreconcilable differences between the requirements of the codes (building code and other codes) adopted by the village and the requirements of this chapter, conformance to these codes shall take precedence. (Ord. 19-12-43, 1-13-2020)

10-17-6: CERTIFICATE OF ECONOMIC HARDSHIP:

Notwithstanding any of the provisions of this chapter to the contrary, upon receipt of a recommendation from the commission and upon making the findings described herein, the village board may approve a certificate of economic hardship to allow the performance of work for which a certificate of appropriateness has been denied.

   A.   Applicants claiming economic hardship shall be required to show evidence of having sought rehabilitation assistance from available sources. The commission will provide the applicant with a list of sources known to it.

   B.   Applicants may submit any or all the following information in support of the application:

      1.   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.

      2.   The assessed value of the land and improvements thereon according to the two (2) most recent officially documented assessments.

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

      4.   Remaining balance on mortgage, if any, and annual debt service, if any for the previous two (2) years.

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

      6.   Any listing of the property for sale or rent, price asked and offers received, if any.

      7.   Any consideration by the owner as to profitable adaptive uses for the property.

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

      9.   Form of ownership or operation of the property, whether sole proprietorship, for profit or not-for-profit corporation, limited partnership, joint venture or other.

      10.   An estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property.

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

      12.   Any other information reasonably necessary for a determination as to whether the property can be reasonably used or yield a reasonable return to present or future owners.

   C.   After reviewing the application and any other information available, the commission shall make a recommendation to the village board regarding the application for a certificate of economic hardship.

   D.   If the village board finds that without approval of the proposed work the property cannot obtain a reasonable economic return, it may issue a certificate of economic hardship; as an alternative, it may delay the issuance of a certificate of economic hardship for a period of up to three (3) months. During this time, the village board shall invite plans and recommendations from the commission or any interested party, to provide for a reasonable beneficial use or a reasonable economic return, or to otherwise preserve the subject property.

   E.   Such plans and recommendations may include, but not be limited to, a relaxation of the provisions of this chapter, financial assistance, the application of building code requirements, and/or changes in zoning regulations.

   F.   If, by the end of this three (3) month period, the village board determines that no viable alternative is available and the property cannot be put to a reasonably beneficial use or the owner cannot obtain a reasonable economic return, then it shall issue a certificate of economic hardship approving the proposed work.

   G.   The village board shall consider the recommendations of the commission in deciding whether to issue the certificate of economic hardship, but may overturn the commission's recommendation if, in its sole discretion, it finds such action appropriate. (Ord. 19-12-43, 1-13-2020)

10-17-7: SUBDIVISION, PLANNED UNIT DEVELOPMENT, AND ZONING REVIEW PROCESS:

   A.   Upon receipt of a petition for: 1) approval of a preliminary plat for a subdivision or planned unit development; 2) a zoning map amendment; or 3) a variance of the zoning ordinance or subdivision control ordinance for any property within a historic district, the community development department shall notify the owner of record of the property that such petition will be reviewed by the commission subject to the provisions of this section.

   B.   Within thirty (30) days of notice of a petition concerning zoning amendments or variances, the commission shall hold a public hearing and provide written comments to the plan commission or zoning board of appeals, as the case may be, describing recommendations to enhance the proposed project relative to character of the district, including, but not limited to, yard setbacks and building scale. No comments shall be made unless a quorum of the commission has visited the site.

   C.   Within thirty (30) days of notice of a petition concerning a subdivision or a planned unit development within the district, the commission shall hold a public hearing and provide written comments to the village board or the plan commission, as the case may be, concerning historic features, structures, and sites that may be affected and the commission's recommendations concerning the most effective means of achieving the village's development objectives within.

   D.   In the case of a subdivision or planned unit development, the commission's recommendations relating to the character of the development, yard setbacks, and building scale shall be made at the time of development review as outlined in division C of this section. No additional commission review shall be required at the time of issuance of a building permit for any improvement within said subdivision or planned unit development which has since been approved by the village board provided, however, that said improvement is consistent with the approved plans. (Ord. 19-12-43, 1-13-2020)