(A) Applications for Historic District designation. Applications shall be filed at the Development Services Department on a form provided by the Development Services Department. Persons wishing guidance or advice prior to completing an application may contact Development Services Department staff or members of the Historic Preservation Commission. Applications shall include the following:
(1) The name(s) and address(es) of the property owner(s).
(2) A map delineating the boundaries of the area to be designated.
(3) A written statement describing the area and properties within the proposed Historic District and setting forth the basis of the proposed designation.
(4) A list and photographs of significant exterior architectural features of all properties in the district that should be protected.
(5) Documentation that all property owner(s) were notified of the proposed historic district designation via certified mail.
(6) Written consent of at least 51% of the owner(s) of record of within the proposed historic district. In the event legal and equitable title is held by separate parties, written consent of each shall be required. In the event the consent of at least 51% of the owner(s) owner(s) is not provided a supermajority vote (75%) shall be required for approval in accordance with division (C)(4) below.
(7) A declaration signed by at least 51% of the owner(s) of record of within the proposed historic district 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) Historic District designation procedures.
(1) Any persons, group of persons, or association, including, but not limited to, the Historic Preservation Commission, may present to the Historic Preservation Commission an application requesting that a defined geographic area be designated as an Historic District. The Village Development Services Department shall supply, upon request, the application forms. Completed forms shall be submitted to the Development Services Department which shall forward them to the Historic Preservation 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' 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 of Frankfort. 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 this chapter.
(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 proposed Historic District 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 area does not meet the criteria for designation.
(4) A simple majority vote by the Village Board is necessary for approval of a historic preservation designation. 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 that the area has been designated as such and that building located within the boundaries of the Historic District shall be subject to issuance of Certificates of Appropriateness. If the Village Board denies the petition, the Historic Preservation Commission may not reconsider a proposed historic district 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 historic district 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.
(Ord. 1454, passed 4-18-94; Am. Ord. 1455, passed 5-2-94; Am. Ord. 3261, passed 9-21-20)