A. Purpose. The designation of a Landmark recognizes and protects specified Features of special historic, visual, aesthetic, cultural, archaeological, and/or architectural significance.
B. Who May Apply. A Landmark nomination may be submitted by any one of the following parties:
1. One or more Commissioners.
2. The Village Board of Trustees.
3. The Owner of the Property where the Feature(s) to be designated as a landmark are located.
C. Form of Application. In addition to the general requirements of Section 9-14-10 concerning applications, the applicant must provide:
1. A statement describing why each Feature to be designated as a landmark is meritorious for designation as a landmark in view of the criteria for designation in Section 9-14-15;
2. Photographs of each Feature to be designated as a landmark as viewed from each adjacent public or private street; and,
3. Other available information, such as elevation drawings and historic records, that may further substantiate the present condition and significance of each Feature to be designated as a landmark.
D. Notice. The Village will publish notice and provide mailed notice to each affected Owner as well as surrounding property owners, all as provided in Section 9-14-10.
E. Stay of Proceedings. Immediately upon the filing of a complete application, any Feature proposed to be designated as a landmark is Protected and subject to the applicable Review provisions of this Chapter during the pendency of the landmark application.
F. Procedure.
1. Commission Recommendation. Upon receipt of an application and after the required notice has been provided, the Commission must consider the application at a public hearing within 90 days following the receipt of a completed application. The Commission may recommend the Village Board designate a landmark where, based on the record of the hearing, the proposed Feature(s) satisfy one or more of the criteria provided in Section 9-14-15; or may recommend the Village Board deny the application where the Feature(s) does not satisfy the criteria based on the record of the hearing. The affirmative vote of at least four Commissioners is required to make a recommendation to the Village Board.
2. Failure to Act by Commission. If the Commission does not, or cannot, act to either recommend or not recommend the designation of a landmark within 90 days after the date of the Commission’s first meeting to consider an application, such inaction acts as an automatic recommendation that the Village Board deny the application.
3. Village Board Consideration of Designation. The Village Board will initiate and complete consideration of establishing the proposed landmark within 90 days of the Commission’s recommendation. The Village Board will review and give due consideration to the findings, recommendations, and record of the Commission in determining to recommend the designation of a landmark. The Village Board may, by ordinance duly adopted, designate the landmark where, based on the evidence presented, the proposed Feature(s) satisfies the criteria provided in Section 9-14-15.
4. Failure to Act by Village Board. If the Village Board does not, or cannot, act to either approve or deny the designation of a landmark within 90 days after the date of the Commission’s recommendation, such inaction acts as an automatic denial of the application.
G. Effect of Designation.
1. Recordation of Ordinance. The Building Commissioner will cause the enacting Ordinance to be recorded in the office of the Lake County Recorder of Deeds.
2. Notice to Owners. The Building Commissioner will cause notice to be delivered to the Owner advising them of the designation and of the Review requirements that will thereafter apply to the Property.
3. Review of Alterations and Demolitions Required. Any Feature designated as a landmark is a Protected Feature and is thereafter subject to Advisory Review or, where a Certification is present, Certificate Review.
H. Withdrawal of Designation.
1. Automatic Withdrawal of Designation. The landmark designation of a Protected Feature that has been Demolished (i) in accordance and compliance with this Chapter and Demolished pursuant to a valid demolition permit, or (ii) the Protected Feature has been completely destroyed by natural destruction, is automatically withdrawn as of the date of demolition without hearing or decision.
2. By Application.
a. Conditions for Withdrawal. No Landmark designation may be withdrawn except where:
(1) The reasons for which the designation was once appropriate are no longer present, including without limitation, because: such qualities have been lost or destroyed, or additional information has been discovered;
(2) The original designation was clearly in error; or,
(3) There was prejudicial procedural error in the designation process.
b. Procedure. The procedure to consider withdrawing a landmark designation is the same as provided in this Section for the initial designation of a Landmark, including the qualifications of applicants; notice; hearings before the Commission; and final action by the Village Board.
3. Notice. The Building Commissioner will cause notice of withdrawal to be delivered to the Owner and recorded against the Property in the office of the Lake County Recorder. (Ord. 2022-10, 3-28-2022)