TITLE 12
HISTORIC PRESERVATION
CHAPTER 1
GENERAL PROVISIONS
SECTION:
12-1-1: Purpose
12-1-2: Goals
12-1-3: Definitions
12-1-4: Procedures For Notice Of Public Hearings And Meetings
12-1-5: Procedures For Conduct Of Hearings
12-1-1: PURPOSE:
The purpose of this title is to promote historic and architectural preservation in the village. The village seeks to protect, enhance, and perpetuate those historical structures, buildings, sites, and areas valued by the village and its residents that are significant to the village's history, culture, and architecture. (Ord. O-1-06, 1-9-2006)
12-1-2: GOALS:
This title is created in order to:
   A.   Foster civic pride in the beauty and accomplishments of the past as represented in the village's landmarks;
   B.   Preserve, promote, maintain and enhance the village's historic resources and character as a community comprised principally of well maintained single-family residential neighborhoods and thriving business areas oriented to serve the day to day needs of local residents;
   C.   Protect and enhance the village's attractiveness to residents, businesses, visitors, and prospective home buyers and businesses;
   D.   Maintain and improve property values in the village;
   E.   Protect, preserve, and enhance the village's aesthetic appearance and character;
   F.   Encourage the designation of landmark status upon structures, buildings, sites, and areas on a local, state, and national level;
   G.   Help record owners of designated landmarks obtain grants and loans, from any source, to maintain designated landmarks; and
   H.   Educate the general public as to the significance of historic preservation. (Ord. O-1-06, 1-9-2006)
12-1-3: DEFINITIONS:
For the purpose of this title, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise:
   ADDITION: Any act or process that changes the exterior architectural appearance of a structure or building by adding to, joining with, or increasing the size or capacity of the structure or building.
   ALTERATION: Any act or process, other than demolition, that changes the exterior architectural appearance of a landmark, historic district or any structure, building, or site designated as historic, including, without limitation, the erection, construction, reconstruction, addition, repair, rehabilitation, renovation, removal, restoration, or relocation of any structure or building. Repainting all or any portion of the exterior of a structure or building with paint of the same kind, color and texture is not an alteration for the purposes of this title.
   AREA: A specific geographic division of the village.
   BUILDING: A structure having a roof that is supported by columns or walls for the shelter, support, or enclosure of persons, animals, or chattels.
   CERTIFICATE OF APPROPRIATENESS: A certificate issued by the commission approving plans for the addition, alteration, construction, removal, or demolition of a landmark or structure, building, or site within a designated historic district.
   COMMISSION: The Forest Park historic preservation commission.
   COMMISSIONERS: Members of the Forest Park historic preservation commission.
   CONSTRUCTION: The act of adding an addition to, reconstructing, or otherwise altering an existing structure or building, or the act of erecting a new principal or accessory structure or building on a lot or property.
   DEMOLITION: Any act or process that destroys, in part or in whole, a landmark, historic district or a site.
   DESIGN GUIDELINES: The standards of appropriate activity that will preserve the historic and architectural character of a structure or area.
   DRAWING: Illustrations of any kind; or renderings such as those used before the development of or in place of photographs as records; not limited to architectural renderings.
   EXTERIOR ARCHITECTURAL APPEARANCE: The architectural character, general composition, and general arrangement of the exterior of a structure, building, or site, including, without limitation, the kind, color, and texture of the building material and the type, design, and character of all windows, doors, light fixtures, signs, and appurtenant elements.
   HISTORIC DISTRICT: An area designated as a historic district by ordinance of the village council that may contain, within definable geographic boundaries, one or more landmarks and which may have within its boundaries other structures, buildings, or sites that, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located within the historic district.
   LANDMARK: Any building, structure, or site designated as a landmark by ordinance of the village council, pursuant to procedures prescribed herein, that is worthy of rehabilitation, restoration, and preservation because of its historic and/or architectural significance to the village.
   OWNER OF RECORD: The person, corporation, or other legal entity listed as the holder of legal title on the records of the recorder of deeds of Cook County. If a site has more than one owner of record, and action by the owner of record is required by this title, there shall be a rebuttable presumption that action has been taken by the owner of record where the written consent of a majority of the owners of record for that site is submitted.
   REHABILITATION: The process of returning a structure, building, or site to a state of utility through repair, construction, or alteration, that makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic and architectural values.
   RELOCATION: The process of moving a structure or building on its site or to another site.
   REMOVAL: See definition of Relocation.
   REPAIR: Any change that does not require a building permit that is not construction, relocation, or alteration.
   RESTORATION: The process of restoring, repairing, or reconstructing a property through repair, construction, or alteration, to a former or original condition that enhances those portions and features of the property that are significant to its historic and architectural values.
   SITE: A single lot or parcel of property. For the purpose of determining any action by an owner of record pursuant to this title, site also includes a "lot", as that term is defined in the Forest Park zoning code.
   STRUCTURE: Anything constructed or erected, the use of which requires permanent or temporary location on or in the ground or attached to something having a permanent location on or in the ground. (Ord. O-1-06, 1-9-2006; amd. Ord. O-21-08, 5-27-2008)
12-1-4: PROCEDURES FOR NOTICE OF PUBLIC HEARINGS AND MEETINGS:
   A.   Clerk To Give Notice: The village clerk shall cause notice to be given of public hearings and public meetings held pursuant to this title, in the form and manner and to the persons herein specified.
   B.   Content Of Notice: All notices shall include the date, time, and place of such hearing or meeting, a description of the matter to be heard or considered, a legal description of the subject property, and the common address or particular location of the subject property.
   C.   Persons Entitled To Notice:
      1.   Notice of every public hearing or public meeting set pursuant to this title shall be provided:
         a.   By mail or personal delivery to the applicant and, if a specific parcel is the subject of the application, to the owner of the subject property.
         b.   By mail to any newspaper or person that shall have filed a written request, for notice of all public hearings or public meetings held pursuant to this code. Such written request shall automatically expire on December 31 of the year in which it is made, unless a written request for renewal is submitted prior to such date.
         c.   By mail, personal delivery, or interdepartmental delivery to the village council, and to affected village commissions, departments, officials and consultants.
Such notice by mail as herein required shall be required to be mailed no less than seven (7) days in advance of the date of the public hearing or public meeting by regular United States mail.
      2.   In addition to notice as required by subsection C1 of this section, notice of every public hearing held pursuant to this title in connection with any application for landmark designation, historic district designation, withdrawal of landmark designation, or a certificate of appropriateness, shall be provided:
         a.   By publication in a newspaper published in the village not less than fifteen (15) days nor more than thirty (30) days in advance of the hearing date.
         b.   By certified mail, return receipt requested, or by personal delivery to all owners of property located within two hundred fifty feet (250') of the property which is the subject of the application; provided, further, that in the case of an application for historic district designation, notice shall be provided to all owners of record of property located within the proposed district and to all owners of record of property located within two hundred fifty feet (250') of the perimeter of the proposed district. Notice as required by this subsection shall be provided by the applicant not less than fifteen (15) days nor more than thirty (30) days in advance of the public hearing. (Ord. O-1-06, 1-9-2006)
12-1-5: PROCEDURES FOR CONDUCT OF HEARINGS:
   A.   Rights Of All Persons: Any person may appear and testify at a public hearing conducted pursuant to this title, either in person or by a duly authorized agent or attorney, and may submit documentary evidence; provided that the commission may exclude irrelevant, immaterial, or unduly repetitious evidence.
   B.   Rights Of Parties And Property Owners: Subject to the determination of the commission, the applicant, any board, commission, department, or official of the village, and any property owner entitled to written notice pursuant to this section may be afforded the following rights:
      1.   To present witnesses on their behalf;
      2.   To cross examine all witnesses testifying in opposition to their position;
      3.   To examine and reproduce any documents produced at the hearing;
      4.   To request a continuance for the purpose of presenting evidence to rebut evidence introduced by any other person.
   C.   Adjournment Of Hearing: The commission may at any time, on its own motion or at the request of any person, adjourn the hearing for a reasonable time and to a fixed date, time, and place, for the purpose of providing notice to additional persons, taking further evidence, gathering further information, deliberating further, or for such other reason as the commission may find to be sufficient. The staff secretary of the commission shall notify in writing all commissioners, all parties to the hearing, and any other person designated in the motion for adjournment of the date, time, and place of the next scheduled hearing.
   D.   Sworn Testimony: All testimony at any hearing held pursuant to this title shall be given under oath or affirmation.
   E.   Right To Submit Written Statements: Any person may at any time prior to the commencement of a hearing hereunder, or during such hearing, or within such time following such hearing, as may be allowed by the commission, submit written statements in support of or in opposition to the application being heard.
   F.   Code And Rules To Govern: All other matters pertaining to the conduct of hearings shall be governed by the provisions of this code which may pertain to such hearings, and any rules promulgated by the commission relating thereto.
   G.   Landmark Designation: Any building designated as historic in any survey conducted or authorized by the village shall be granted a rebuttable presumption in favor of landmark designation. (Ord. O-1-06, 1-9-2006)