(A) Applications for landmark designation. The application shall be submitted to the Development Services Department, and shall at the minimum include the following:
(1) The name and address of the property owner and documentation establishing proof of ownership. Documentation of ownership shall include a copy of the recorded deed, commitment for title insurance, or other evidence of ownership deemed acceptable by the Village Attorney.
(2) The legal description and common street address of the property.
(3) A written statement describing the property and setting forth the basis of the proposed designation.
(4) Documentation that the property owner(s) were notified of the requested landmark designation via certified mail.
(5) Written consent of the owner(s) of record of the nominated structure, building, or object. In the event legal and equitable title is held by separate parties, written consent of each shall be required. In the event owner(s) consent is not provided a supermajority vote (75%) shall be required for approval in accordance with division (C)(4) below.
(6) A list of significant exterior architectural features that should be protected.
(7) An overall site plan or aerial photograph of the property.
(8) Photographs of the proposed landmark and exterior features intended for preservation. Front, side, and rear elevation drawings shall be provided if available, or deemed necessary.
(9) A declaration signed by the owner(s) of record of the nominated structure, building, or object setting forth, at a minimum, an intent to further promote and preserve the historic appearance and character of property affected by such designation and an agreement to be subject to and bound by the provisions of the "Certificate of Appropriateness" subchapter of this chapter, including any amendments thereto.
(B) Landmark designation procedures.
(1) Any person, group of persons or association, including, but not limited to the Frankfort Historic Preservation Commission, may nominate a Historic Landmark designation for any structure, building or site within the boundaries of the Village of Frankfort which may have historic or architectural significance as defined by this chapter.. The Development Services Department shall supply, upon request, the application forms. Completed forms shall be submitted to the Development Services Department which shall be forwarded to the Commission for their consideration.
(2) The Development Services Department shall notify the secretary of the Historic Preservation Commission of complete applications within 15 days of their filing. After such notice the secretary of the Historic Preservation Commission shall schedule a public hearing, to be held within 60 days.
(3) Notice of the date, time, place and purpose of the public hearing shall be sent by mail to owner(s) of record and to the nominator(s) as well as to the adjoining property owners within 250 feet of the subject property, not less than 15 nor more than 30 days prior to the date of the hearing. Public notice shall be published in a newspaper having general circulation in the village. The notice shall state the location of the property and a statement identifying the criteria upon which the nomination is based as set forth in this chapter.
(4) During the public hearing, the Commission shall review and evaluate the application according to the criteria established by ordinance.
(5) A Certificate of Appropriateness shall be required for alteration, construction, relocation or demolition of a proposed landmark from the date when the nomination form is presented to the Commission until the final disposition of the request.
(C) Deliberations and decisions.
(1) Following the close of the public hearing, the Secretary of the Historic Preservation Commission shall prepare the Commission's evaluation, recommendation and all available information for submission to the Village Board within 30 days.
(2) If the Commission decides that the landmark should be designated, it shall do so by forwarding a recommendation for approval, passed by a majority of the Commission, to the Village Board for consideration.
(3) The nomination process shall end if:
(a) The Historic Preservation Commission fails to make a recommendation at or within 15 days of the close of the public hearing; or
(b) The Historic Preservation Commission finds that the nominated landmark does not meet the criteria for designation.
(4) A simple majority vote by the Village Board is necessary for approval of a landmark designation, however, in the event that owner(s) consent is not provided a supermajority vote (75%) shall be required. If the Village Board approves the application for a designation, a notice will be sent to the property owner, the Development Services Department, the Building Inspector, the Village Clerk's office and recorded with the County Recorder of Deeds. If the Village Board denies the petition, the Historic Preservation Commission may not reconsider a proposed landmark designation for a period of one year from the close of the public hearing. Reconsideration shall be permitted within the one year period if significant new information concerning the previously nominated landmark relating to the criteria for designation is provided.
(5) The Development Services Department shall notify the owner(s) of record by a certified letter containing information of the Village Board's decision.
(6) Buildings designated as Historic Landmarks shall be subject to issuance of Certificates of Appropriateness.
(Ord. 1454, passed 4-18-94; Am. Ord. 1455, passed 5-2-94; Am. Ord. 3261, passed 9-21-20)