ALTERATION: | Any of the following: |
i. Any act or process that requires a building permit and changes the exterior appearance of one or more Protected Features. | |
ii. Any act or process that requires a building permit and changes, as viewed from any adjacent public or private street, the exterior appearance of a Property where one or more Protected Features are located. | |
iii. Any act or process that requires a building permit and that modifies a Protected Landscape; except that this Chapter does not regulate changes to existing plantings, terrain grades, natural courses or bodies of water, or other objects that are not Buildings or Structures. | |
iv. A Demolition of a Feature is not an Alteration of that Feature. However, a Demolition may constitute an Alteration to a Feature that is not to be demolished. For example, where only part of a Building is Protected, the Demolition of the part not Protected may constitute an Alteration of the remainder. | |
AUTHORIZATION: | Having satisfied the applicable Review requirement under this Chapter to proceed with Work, whether by approval by an affirmative vote of the Commission or the Village Board, or as a result of the expiration of any applicable delay period. |
BUILDING: | Anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, and which is intended for human occupancy or habitation. Examples of some Buildings that may be Protected under this Chapter include, without limitation: houses, barns, stables, sheds, garages, courthouses, offices, train depots, churches, schools, stores, and theaters. |
BUILDING COMMISSIONER: | The Building Commissioner appointed from time to time by the Village President and Board of Trustees, including any duly appointed Deputy Building Commissioners. |
CERTIFICATION. | A voluntary, binding agreement by the Owner of a Property that contains Protected Features. The agreement must run with the land and bind future Owners and must provide that any Alteration or Demolition of Protected Features on the Property is subject to the Certificate Review process provided in Section 9-14-45. |
CERTIFIED: | A Feature or subtype of Feature that is Protected and, further, that is located on a Property whose Owner has voluntarily agreed will be subject to the Certificate Review process provided in Section 9-14-45 of this Code in lieu of the Advisory Review process provided by Section 9-14-35 of this Code. |
COMMISSION: | The Lake Bluff Historic Preservation Commission established in Title 2, Chapter 9 of this Municipal Code. |
COMMISSIONERS: | Members of the Commission. |
DEMOLITION: | Any act or process that alters the exterior appearance of a Feature and either: |
i. Destroys, removes, or physically relocates to a different Property at least 50 percent of a Building or Structure, as measured by the proportion of linear feet of exterior wall being demolished to the total linear feet of existing exterior wall. For the purposes of this subsection (i), the following actions are considered to be destruction: | |
a. Removal of the finish materials from both sides of a segment of a wall; | |
b. Enclosing a segment of an existing exterior wall such that it becomes an interior wall; and, | |
c. Cutting new openings or enlarging existing openings will result in the entire width of the new opening being treated as destroyed. | |
ii. Destroys, removes, or physically relocates to a different Property a Structure that does not have exterior walls. | |
iii. Rules of Interpretation: | |
a. Where only part of a Building or Structure is Protected, the criteria provided in this definition are calculated for the Building or Structure as a whole as well as to the individual part(s) that are Protected. | |
b. Activities taking place on a single Property within any consecutive 36 month period are cumulative for the purposes of determining whether an act or process satisfies this definition, even where some or all of the preceding Work is Authorized under this Chapter. | |
DEMOLITION LETTER OF INTENT: | |
i. An existing site plan of the Property illustrating the proposed extent of Demolition. | |
ii. A brief description of any Features on the Property proposed to be demolished. | |
iii. Photographs of the Property, which must include a photograph of the Property from all streets adjacent to the Property. | |
FEATURE: | Part of or an entire Building, Structure, or Landscape. |
LANDMARK: | A Feature that has been designated as a historic landmark by an ordinance duly adopted by the Village Board of Trustees pursuant to the procedures and standards set forth in this Chapter in order to recognize and protect its special historic, visual, aesthetic, cultural, archaeological, and/or architectural significance. |
LANDSCAPE: | Manmade improvements to a portion of land or territory that are significant as a form of architecture and not merely as a complementary setting for one or more structures or buildings. Landscapes may consist of manmade improvements such as dividers (such as walls and fences), drainage and engineering structures (such as retaining walls), site furnishings (such as benches, planters, and urns), fountains and bodies of water, lighting, signage, sculptures, and other works of art. Landscapes do not include existing trees and plantings (whether naturally occurring or consciously planted), terrain grades, natural courses or bodies of water, or objects. Examples of Landscapes that may be Protected under this Chapter include manmade features in such places as, without limitation: parks, gardens, arboreta, plazas, greens, and recreational grounds. |
MUTUALLY AGREED CONDITIONS: | Conditions agreed to by the Commission and the Owner in order to cause the early termination of a Review, as set forth in Section 9-14-10(I)(2). |
OWNER: | A. The person, corporation, or other legal entity that has a fee interest in a Property, as evidenced by the name that appears on the title records in the office of the Lake County Recorder or as otherwise determined by the Building Commissioner. |
B. Where this Chapter requires mailings to an Owner, the requirement is satisfied by mailing to the address on file with the Lake County Chief Assessor’s office for the mailing of property tax statements. | |
C. When the Property is in a land trust or is subject to a long term land lease, or when one or more persons, corporations, or other legal entities have an ownership interest in the Property (including beneficial interests and long term lessee interests), the rights afforded to, and obligations imposed on, Owners in this Chapter apply and are exercised as if there were only one Owner. Neither the Village nor the Commission have any obligation to investigate or determine the legal relationship among the multiple Owners. It is sufficient for any one Owner to act for and bind, the Property (which includes, without limitation, the delivery and receipt of notice and the provision of written consent), unless the Commission receives, within the applicable time periods or any extended time periods as the Commission deems appropriate, clear and convincing evidence, as determined by the Commission, that such Owner does not have the exclusive authority to act for, and bind, the Property. Absent such a timely protest or objection, the Commission may rely on representations made by any one Owner with respect to the exercise of the rights and obligations set forth in this Chapter. | |
PROPERTY: | Land and improvements identified as a separate zoning lot for purposes of the Village’s zoning and subdivision regulations. |
PROTECTED: | A Feature that, except if it is Certified, is subject to Advisory Review pursuant to Section 9-14-35 because it is: |
A. The subject of a Landmark designation; or, | |
B. The subject of a pending application that, if approved or adopted, would cause it to satisfy (i) or (ii). | |
QUALIFIED REPRESENTATIVE: | The Owner of a Property or Feature that is the subject of an application under this Chapter, or an attorney representing the Owner. When the Owner is a land trust, a beneficiary of the trust or an attorney representing the land trust may serve as the Owner’s Qualified Representative. When the Owner is a legal entity other than a land trust, a principal or officer of the Owner or the Owner’s attorney may serve as the Owner’s Qualified Representative. An architect, builder, or contractor retained by the Owner to design or complete Work proposed by an application may also serve as the Owner’s Qualified Representative. |
RESOURCE SURVEY(S): | The following professional survey(s) of historical and architectural resources conducted at the direction of the Village, copies of which are maintained in the offices of the Village Clerk: |
i. “Summary and Architectural Survey,” Historic Certification Consultants, 1998; | |
ii. “A Summary and Inventory of the Southeast Survey Area,” Historic Certification Consultants, 2003; | |
iii. “Summary and Historic Resource Survey: Estate Areas of Lake Bluff,” Benjamin Historic Certifications, 2008; and. | |
iv. “A Summary and Inventory of Historic Resources 2018-2019,” Benjamin Historic Certifications, 2019. | |
REVIEW: | Any of the following processes provided by this Chapter: |
A. Demolition Review for Buildings over 50 years old pursuant to Section 9-14-15; | |
B. Advisory Review for Protected Features pursuant to Section 9-14-40; and, | |
C. Certificate Review for Certified Features pursuant to Section 9-14-45. | |
STRUCTURE: | Anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, but which is not intended for human occupancy or habitation. Examples of some Structures that may be Protected under this Chapter include, without limitation: bridges, fire towers, silos, roadways, railroads, and gazebos. |
WORK: | The specific act or acts proposed to be undertaken by an application for a Review. (Ord. 2022-10, 3-28-2022) |