(a) Nominations. Nominations for approval as a certified landmark or a certified historic district may be submitted by a commissioner, the owner of the nominated site, or 50% or more of the owners of property within an area to be nominated.
(b) Preliminary review. Prior to submitting a complete application for landmark or historic district certification approval, an applicant may request the commission to conduct a preliminary review of whether a structure, building, object, site or area could qualify as a certified landmark or historic district. An applicant can seek preliminary review by submitting a request therefor to the village clerk that includes at least the information required in either § 26A-21(c)(1)A.1. through 7., or § 26A-21(c)(1)B.1. through 7., as applicable, and any other information that the applicant wishes to provide. The commission may then review the information and advise the applicant of its preliminary recommendation regarding certified landmark or historic district status based on the information provided. These preliminary review procedures shall be informal and shall not bind either the applicant or the commission in any way.
(c) Application.
(1) The application for nomination shall include as least the following information and specifications:
A. For a certified landmark.
1. Applicant's name and address;
2. Owner's name and address;
3. Street address, legal description or real estate index number(s) of the site;
4. A written statement describing the structure, building, object or site and setting forth reasons in support of the requested certification;
5. Written documentation that the owner or occupant has consented to the requested approval of landmark status;
6. Brief description of the structures, buildings and objects on the nominated site and the structures, buildings and objects on sites adjacent to and across from such site; and
7. A declaration signed by the owner(s) of record of the nominated structure, building, object or site setting forth, at a minimum, an intent to further promote and preserve the historic and architectural appearance and character of property affected by such certification and an agreement to be subject to and bound by the provisions of article VII of this Chapter regarding certificates of appropriateness, including any amendments thereto.
8. Whatever additional materials the commission requests.
B. For a certified historic district.
1. Applicant's name and address;
2. Owners' names and addresses;
3. A vicinity map delineating the boundaries of the area nominated for approval as an historic district;
4. A written statement describing the area and the structures, buildings, objects and sites located therein and setting forth reasons in support of the establishment of an historic district;
5. Written documentation that the owners or occupants have been notified of or consent to the proposed establishment of an historic district;
6. Brief description of the structures, buildings, objects and sites in the nominated area and the structures, buildings, objects and sites, adjacent to and across from such area; and
7. A declaration signed by at least 51% of the owners of record of properties within the proposed certified historic district setting forth, at a minimum, an intent to further promote and preserve the historic and architectural appearance and character of property affected by such certification and an agreement to be subject to and bound by the provisions of article VII of this Chapter regarding certificates of appropriateness, including any amendments thereto.
8. Whatever additional materials the commission requests.
C. For a certified structure, building, object or site in an historic district.
1. Applicant's name and address;
2. Owners' names and addresses;
3. A vicinity map delineating the location of the structure, building, object or site and the boundaries of the historic district in which it is located;
4. A written statement setting forth reasons in support of the certifying the structure, building, object or site, including the manner in which the structure, building, object or site contributes to the historic district;
5. Written documentation that the owners or occupants of the structure, building, object or site have been notified of or consent to the proposed certification;
6. Brief description of the nominated structure, building, object or site and the structures, buildings, objects and sites, adjacent to and across from such structure, building, object or site; and
7. A declaration signed by the owners of record of the structure, building, object or site setting forth, at a minimum, an intent to further promote and preserve the historic and architectural appearance and character of the structure, building, object or site affected by such certification and an agreement to be subject to and bound by the provisions of article VII of this chapter regarding certificates of appropriateness, including any amendments thereto.
8. Whatever additional materials the commission requests.
D. For an honorary landmark as provided in Chapter 26B of the village code.
1. Applicant's name and address;
2. Owners' names and addresses;
3. Information regarding the conferring of honorary landmark status upon the structure, building, object or site in question; and
4. A declaration signed by the owners of record of the structure, building, object or site setting forth, at a minimum, an intent to further promote and preserve the historic and architectural appearance and character of the structure, building, object or site affected by such certification and an agreement to be subject to and bound by the provisions of article VII of this chapter regarding certificates of appropriateness, including any amendments thereto.
(2) Complete application forms shall be filed with the village clerk, who shall forward each application to the commission and its secretary for action.
(d) Notice. Within 15 days after the filing of a nomination on a completed application form, the secretary of the commission shall schedule a public hearing on the whether such application should be recommended for approval by setting forth a date, time and place for such hearing. Such hearing shall be scheduled for the next available regular meeting of the commission. The secretary of the commission shall cause written notice to be sent to the applicant, the owner or owners of record, the occupants (either by name or to "occupants" of the site or sites in question), and, if known, to other persons having a legal or equitable interest in the site or sites nominated for certified status and shall also cause notice to be published in a newspaper of general circulation in the village. Such notice shall be given not less than 15 days prior to the scheduled hearing and shall set forth the nature of such hearing, the site or area involved, and the date, time and place of such hearing. If, upon diligent search, the identity or whereabouts of the owner or owners of record or legal or equitable interest holders is not ascertainable, notice mailed to the person or persons in whose name such site was last assessed is sufficient notice under this chapter.
(e) Public hearing. At the public hearing, the commission shall afford all persons present an opportunity to be heard and to express their views pertaining to the nomination for certified status. The secretary of the commission shall record these proceedings. The commission may adjourn or continue such public hearing without further public notice.
(f) Recommendations.
(1) The commission shall review all information presented to it at the public hearing and shall adopt a recommendation that the nominated landmark, district, or structure, building, object or site does or does not meet the criteria herein prescribed. The recommendation shall be accompanied by a report that shall contain the following information:
A. The commission's rationale for recommending either approval or rejection of the nomination;
B. In the case of a nominated landmark meeting the criteria for landmark status, the significant feature of features in the exterior architectural appearance of the landmark that should be protected and preserved;
C. In the case of an area nominated as a certified historic district and meeting the criteria for certified historic district status, the significant features in the exterior architectural appearance of any structures, buildings, objects or sites within such historic district that should be protected and preserved;
D. In the case of a the case of a nominated structure, building, object or sites within an historic district, the significant features in the exterior architectural appearance of such structure, building, object or site that contributes to such historic district and that should be protected and preserved; and
E. Any other pertinent comments related to the nomination for certified status.
(2) The commission shall submit its recommendations on each nomination to the board of trustees, which shall promptly act upon such recommendation. All recommendations by the commission shall be filed with the village clerk and made available to persons requesting the same in writing.
(g) Establishment of certified status. An ordinance passed by the affirmative vote of at least four members of the board of trustees shall be required to approve a certified landmark, a certified historic district, or a certified structure, building, object or sites within an historic district. Upon passing an ordinance approving the nomination for certified status, the board of trustees shall direct that notice be sent to the building official, the owners of record, the occupants (either by name or to "occupants" of the site or sites in question), and, if known, to other persons having a legal or equitable interest in the approved site or sites, advising them of such approval and informing them that any structure, building, object, site or area granted certified status under this chapter shall thereafter be subject to the requirements of this chapter. The board of trustees shall also direct that the ordinance approving such certified status be recorded in the office of the Cook County Recorder of Deeds, along with the declaration executed by the owner(s) of record pursuant to section 26A-21(c)(1)(A)(7), 26A-21(c)(1)(B)(7), or 26A-21(c)(1)(C)(7).
(h) Denial of certified status. An applicant whose nomination for certified status is denied by the board of trustees may request reconsideration by filing a written request within ten days after a decision denying the application is rendered; provided, however, that the board of trustees shall reconsider a nomination only if substantial new evidence or information regarding the nomination for certified status is provided. Once a nomination has been denied by the board of trustees, no further nominations involving any site whose nomination was denied may be filed for 90 days.
(i) Stay of proceedings. No building, demolition, sign or other permit shall be issued for a structure, building, object, site or area nominated for certified status from the date when the nomination form is filed with the village clerk until the final disposition of the nomination, except upon completion of the procedures set forth in article V of chapter 26B of the village code.
(j) Special procedures for certifying honorary landmarks. Notwithstanding the procedures set forth in subsections 26A-21(d-g) for certifying a structure, building, object, or site as a landmark, for any structure, building, object, or site that has previously been conferred honorary landmark status as provided for in chapter 26B of the village code and for which an application has been filed in accordance with subsection 26A-21(c)(1)(D), the following procedures shall apply in considering the certification of such honorary landmark:
(1) Upon receipt of a completed application, the commission shall review the building permit files relating to the structure, building, object, or site that seeks certification to determine whether any permits have been issued relating to such structure, building, object, or site or alterations have been made to such structure, building, object, or site since it obtained honorary landmark status.
(2) If no permits have been issued or alterations made to the structure, building, object, or site since it obtained honorary landmark status, then the board of trustees may adopt an ordinance granting certified status to such structure, building, object, or site, which shall thereafter be subject to the requirements of this Chapter. If such ordinance is adopted, the board of trustees shall also direct that the ordinance approving such certified status be recorded in the office of the Cook County Recorder of Deeds, along with the declaration executed by the owner(s) of record pursuant to section 26A-21(c)(1)(D)(4).
(3) In the event that permits have been issued or alterations made to the structure, building, object, or site since it obtained honorary landmark status, the commission shall conduct a meeting with the applicant to review the nature of any alterations and whether the alterations were consistent with the criteria set forth in section 26A-53.
(a) If the commission determines that any alterations to the structure, building, object, or site were consistent with the criteria set forth in section 26A-53, then the commission shall recommend that the board of trustees adopt an ordinance granting certified status to such structure, building, object, or site. Upon adoption of such ordinance by the board of trustees, the structure, building, object, or site shall thereafter be a certified landmark and shall be subject to the requirements of this chapter. The board of trustees shall also direct that the ordinance approving such certified status be recorded in the office of the Cook County Recorder of Deeds, along with the declaration executed by the owner(s) of record pursuant to section 26A-21(c)(1)(D)(4).
(b) If the commission determines that any alterations to the structure, building, object, or site were not consistent with the criteria set forth in section 26A-53, then the commission shall direct the applicant to file an application for certified status pursuant to section 26A-21(c)(1)(A) or 26A-21(c)(1)(C).
(Ord. No. 90-32-1841; Ord. No. 2013-10-3340)