A. Purpose. This Section provides the general rules of process, procedure, and interpretation common throughout this Chapter.
B. Regulated Activities. It is a violation of this Code for any person to conduct an Alteration or Demolition, as those terms are defined in Section 9-14-5, without first satisfying the applicable Review requirements. The Building Commissioner may not issue a permit for any activity defined as an Alteration or Demolition until any applicable Review requirement has been satisfied, including without limitation construction, demolition, or sign permits.
C. Village Orders Exempt from Review. The Building Commission may expressly exempt from Review under this Chapter any Work necessary to comply with a lawful order of the Village, including, without limitation, Work necessary to correct what the Building Commissioner determines to be an immediate health or safety problem. The Building Commissioner may subject the Work to appropriate conditions to advance the purpose and goals of this Chapter.
D. Partial Natural Destruction or Demolition. In the case of partial natural destruction or demolition of a Protected Feature, the Owner must obtain Authorization for the Work prior to reconstruction. Although exact duplication of the previous Feature may not be required, the reconstructed exterior appearance of the Feature should be in harmony with the exterior appearance of the Protected Feature prior to the damage. The reconstructed Feature thereafter shall remain a Protected Feature.
E. Preliminary Workshops.
1. Who May Apply. Prior to any formal application under this Chapter, any applicant may, and is encouraged, to request a preliminary workshop with the Commission.
2. Purpose. The purpose of a preliminary workshop is to broadly present the Commission with an applicant’s proposal and to provide the applicant with any preliminary views or concerns that Commissioners may have when positions are still flexible; adjustment is still possible; and before the applicant is required to expend the time and resources necessary to prepare the complete documentation required for a formal submittal.
3. Notice. No notice of a preliminary workshop is required except that the workshop must be shown on the Commission’s regular agenda in accordance with the Open Meetings Act (5 ILCS 120/).
4. Procedure. At the meeting at which the preliminary application is considered, any Commissioner may make any comments, suggestions, or recommendations regarding the preliminary application; provided, however, that no recommendation may be made, and no final or binding action may be taken, with respect to any preliminary application by the Commission. Any views expressed in the course of the Commission’s workshop concerning any preliminary application are only preliminary and advisory and only the individual views of the Commissioner expressing them. Nothing said or done in the course of the workshop creates or prejudices any rights of the applicant or obligates the Commission or any Commissioner to approve or deny any formal application following full consideration thereof as required by this Chapter.
F. Applications.
1. Form. Applications under this Chapter must be made in a form and number determined by the Building Commissioner.
2. Minimum Requirements. Every application must include, at a minimum, the following information:
a. The applicant’s name and address.
b. The Owner’s name, if different from the applicant’s.
c. If the application concerns a specific property: an address, assigned property index number, and, if available, a legal description to identify the subject property; and
d. Such other relevant information as requested by the Building Commissioner or the Commission.
e. For Review applications that propose to undertake Work:
(1) Identification of any architect or developer involved in the proposed Work.
(2) If the applicant is not an Owner, the Owner’s authorization to apply.
3. Summary Denial of Incomplete Applications. The Building Commissioner may summarily, and without hearing, deny any incomplete application after providing the applicant a reasonable opportunity to correct any deficiencies.
4. Withdrawal of Application. An applicant has the right to withdraw without prejudice an application at any time prior to the final decision on the application, including if it has been tabled by the Commission or the Village Board of Trustees. Requests for withdrawal must be made in writing by the applicant.
G. Public Notice of Applications.
1. Mailed Notice to Surrounding Owners. Where required by this Chapter, the Village will send notice to the Owners of all properties located within 300 feet from the property line of the subject property including any streets, alleys, and rights-of-way, as well as to the Owners of any subject property that are not applicants. Notice must be by first class mail postmarked no less than 15 days nor more than 30 days in advance of the scheduled meeting date. The notice must include, at a minimum:
a. The date, time, place and purpose of the hearing or meeting;
b. The name of the applicant;
c. If the application concerns a specific property: an address, assigned property index number, or legal description to identify the subject property; and
d. The action or relief sought by the applicant.
2. Newspaper Notice. Where required by this Chapter, the Village will publish notice in a newspaper of general circulation within the Village no less than 15 days nor more than 30 days in advance of the scheduled meeting date. The minimum contents of the notice are the same as required for mailed notice to surrounding Owners.
3. Posting of Signage. Where required by this Chapter, the Village will provide at least one sign which must be prominently displayed within the property or an adjacent right-of-way at a place visible from the adjacent public or private street until the final disposition of an application. It is a violation of this Code for any person to remove, destroy, deface, or tamper with signage posted pursuant to this Chapter without Village authorization. The applicable notice requirement is satisfied even when signage is damaged or destroyed. The contents of the sign must include, at a minimum:
a. The action or relief sought by the applicant; and,
b. The date, time, and location of the hearing(s) or meeting(s). A general statement as to the regular meeting schedule of the Commission satisfies this requirement.
4. Open Meetings Act. In addition to these requirements, the Village will fully comply with the requirements of the Open Meetings Act (5 ILCS 120/) for meetings, including posted notice of meeting agenda on its website and premises.
H. Conduct of Public Hearings. Where this Chapter requires a public hearing to be held, the following rules of procedure apply:
1. Open Meetings Act. All public hearings are subject to the Open Meetings Act (5 ILCS 120/).
2. Representation. All interested parties may appear for themselves or be represented by a person of their choosing.
3. Submission of Testimony. All persons offering testimony at a public hearing must testify under oath. An attorney must be sworn if he/she offers testimony, but not if he/she is questioning a witness, summarizing witness testimony, or addressing the body conducting the hearing on procedural issues. All persons wishing to testify at the public hearing must state for the record his/her name and place of residence. Written statements will be accepted prior to the hearing to be entered into the public hearing record.
4. Submission of Evidence. Any person may appear at a hearing and submit evidence, upon receiving recognition from the Chair of the Commission. Any person may ask relevant questions of other witnesses, but only through the Chair and at the discretion of the Chair. All persons must state his/her name for the record before submitting evidence or questioning a witness at the public hearing.
5. Redundant or Irrelevant Testimony. The Chair may use reasonable discretion in determining when testimony has become redundant or is not relevant to the proceedings.
6. Continuances. The Chair, with approval of the Commission, may continue the public hearing. In order to reopen the hearing, no new notice is required if a hearing is continued to a date specified, provided that a public announcement of the future date, time, and place of the continued hearing is made at the hearing and placed in the minutes. If the hearing is adjourned, rather than continued to a date specified, in order to reopen the hearing all notices must be given that would have been required for the initial public hearing.
I. Conclusion of Reviews (Authorizations).
1. Reviews Cumulative. Any Review or Authorization under this Chapter is a cumulative requirement of Title 9 and Title 10 of this Code. No Authorization allows Work to be undertaken except upon the applicant’s receipt of every permit or approval that may be required by the codes and ordinances of the Village, including without limitation demolition and building permits.
2. Mutually Agreed Conditions of Approval.
a. Purpose. The Commission and the Owner may mutually agree to specific conditions or restrictions that advance the purpose and goals of this Chapter. Without limitation, examples of such conditions may include:
(1) The donation or gift of specified Features to a unit of government or a non-profit organization concerned with restoration, rehabilitation, local history, archaeology, or neighborhood conservation or revitalization.
(2) Deferral of the unelapsed portion of a Review delay, such that the Work may proceed yet the Commission may later consider the design of improvements to be subsequently constructed whether or not such improvements would otherwise be subject to Review by the Commission.
(3) The Owner’s subsequent Certification of any remaining Protected Features.
(4) The Owner’s commitment to restore, rehabilitate, or reinvest in other Features outside the scope of the Work under review. Such Features may be Protected or otherwise be important to the special character of a streetscape or area.
b. Enforcement.
(1) It is a violation of this Chapter to proceed with Work contrary to any Mutually Agreed Conditions unless and until a new Review is conducted and a new Authorization obtained.
(2) The Building Commissioner may withhold permits to authorize Work contrary to any Mutually Agreed Conditions unless and until a new Review is conducted and a new Authorization obtained.
(3) The Commission may require that the Owner enter into a binding covenant providing that the Owner and all subsequent Owners of the Property will fulfill any Mutually Agreed Conditions. Such a requirement runs with the land unless and until it is either satisfied or released by the Commission or the Village Board of Trustees by order, resolution, or ordinance duly adopted.
3. Administrative Changes to Authorizations. The Building Commissioner may administratively approve the following changes to an Authorization without further review by the Commission, or may refer them to the Commission for further review:
a. Reductions to Scope of Demolitions. The Building Commissioner may administratively approve any reduction to the scope of a Demolition.
b. Changes Requested by the State of Illinois Historic Preservation Office. The Building Commissioner may administratively approve any change to an Alteration that is requested by the Illinois State Historic Preservation Office.
c. Minor Changes. The Building Commissioner may approve minor changes that, in his sole discretion, satisfy all of the following:
(1) The change is necessary to, and consistent with, proper completion of the Work reviewed by the Commission;
(2) The change is the minimum necessary to overcome the particular difficulty encountered;
(3) The change is not inconsistent with the purpose and goals of this Chapter; and,
(4) The change does not violate any condition of approval, including any Mutually Agreed Conditions.
d. All Other Changes. All changes referred to the Commission will be reviewed only in accordance with the same procedures and standards established under this Chapter for an original application, including a full set of updated application materials.
J. Successive Applications.
1. Second Applications Without New Grounds Barred For One Year. Whenever any application filed pursuant to this Chapter has been finally denied on its merits, a second application seeking essentially the same relief, whether or not in the same form or on the same theory, must not be brought for a period of one year unless, in the opinion of the Building Commissioner or the Commission, there is substantial new evidence available or a mistake of law or fact significantly affected the prior denial.
2. New Grounds to be Stated. Any such second application must include a detailed statement of the grounds justifying consideration of such application.
3. Summary Denial With or Without Hearing. Any such second application may be denied by the Building Commissioner summarily, and without hearing, on a finding that no grounds appear that warrant a new hearing. In any case where such application is set for hearing, the applicant is required to establish grounds warranting reconsideration of the merits of its application prior to being allowed to offer any evidence on the merits. Unless such grounds are established, the application may be summarily dismissed for such failure.
4. Second Applications After One Year. Whether or not new grounds are stated, any such second application filed more than one year after the final denial of a prior application will be heard on the merits as though no prior application had been filed. All evidence from any prior applications and proceedings, to the extent available, will be deemed admitted to the Commission and made part of the new record. The applicant is required to place in the record all evidence available concerning changes of conditions or new facts that have developed since the denial of the prior application. In the absence of such evidence, it is presumed that no new facts exist to support the new petition that did not exist at the time of the denial of the prior application.
K. Adjustments to Fees for Protected or Certified Status. Various Sections of the Municipal Code provide for special treatment of properties based on their status under this Chapter, including without limitation the increase or reduction in fees or taxes otherwise due. Where such adjustments are provided, the following eligibility rules apply:
1. Where a Property is certified, the Property in its entirety and any activity thereupon is treated as Certified.
2. Where any Feature on a Property is Protected yet the Property is not Certified, the Property in its entirety and any activity thereupon is treated as Protected. (Ord. 2022-10, 3-28-2022)