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(A) As used in this chapter, the following words and phrases shall have the following meanings:
ADDITION. Any act or process which changes one or more of the "exterior architectural features" of a structure designated for preservation by adding to, joining with or increasing the size or capacity of the structure.
ALTERATION. Any act or process that requires a building or demolition permit and changes one or more of the exterior architectural features of a structure, including, but not limited to the erection, construction, reconstruction, or removal of any structure.
AREA. A specific geographic division of the city.
BUILDING. Any structure created for the support, shelter or enclosure of persons, animals or property of any kind and which is permanently affixed to the land.
CERTIFICATE OF APPROPRIATENESS. A certificate from the Planning and Zoning Commission authorizing plans for alterations, construction, removal or demolition of a landmark or site within a designated historic district.
CITY. The City of Oakbrook Terrace, Illinois.
CITY COUNCIL. The City Council of the city.
COMMISSIONERS. Voting members of the city's Planning and Zoning Commission.
CONSTRUCTION. The act of adding an addition to an existing structure or the erection of a new principal or accessory structure on a lot or property.
DEMOLITION. Any act or process that destroys in part or in whole a landmark or site within a historic district.
DESIGN GUIDELINE. A standard of appropriated activity that will preserve the historic and architectural character of a structure or area.
EXTERIOR ARCHITECTURAL APPEARANCE. The architectural and general composition of the exterior of a structure, including, but not limited to the kind, color, and the texture of the building material and the type, design and character of all windows, doors, light fixtures, signs, and appurtenant elements.
HISTORIC DISTRICT. An area designated as a historic district by ordinance of the City Council and which may contain within definable geographic boundaries one or more landmarks and which may have within its boundaries other properties or structures that, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located within the historic district.
LANDMARK. Any building, structure or site which has been designated as a landmark by ordinance of the City Council, pursuant to procedures prescribed herein, that is worthy of rehabilitation, restoration, and preservation because it its historic and/or architectural significance to the city.
OWNER OF RECORD. The person, corporation, or other legal entity listed as owner on the records of the County Recorder of Deeds.
PLANNING AND ZONING COMMISSION. The city's Planning and Zoning Commission.
REHABILITATION. The process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural and cultural values.
REMOVAL. Any relocation of a structure on its site or to another site.
REPAIR. Any change that does not require a building permit that is not construction, relocation or alteration.
STRUCTURAL CHANGE. means any change or repair in the supporting members of a building, structure, roof or exterior walls which would expand the building in height, width or bulk of the building.
STRUCTURE. Anything constructed or erected, the use of which requires a more or less permanent location on the ground or an attachment to something having a permanent location on the ground, including but not limited to, buildings, signs, decks, fences, patios, swimming pools, pavements, driveways and walkways, provided that readily removable decorative landscape borders or features, including but not limited to bricks, stones, timbers, flower boxes and other similar features shall not be considered STRUCTURES and further provided that fences shall not be considered STRUCTURES for purposes of calculating maximum permitted coverage of the front yard.
(B) Unless specifically defined above, the words or phrases in this chapter shall be interpreted giving them the same meaning as they have in common usage and so as to give this chapter its most reasonable application.
(Ord. 13-22, passed 4-23-13)
(A) Initiation of nomination of landmarks and historic districts. Nomination of an area, property, structure, site or object for consideration and designation as a landmark or historic district shall be submitted to the Planning and Zoning Commission on a form supplied by the Community Development Department, and may be initiated by any of the following:
(1) An owner of record of the area, property, structure, site or object being nominated;
(2) A majority of the Planning and Zoning Commission;
(3) A majority of the City Council; or
(4) A local, state or federal preservation organization.
(B) Notification of nomination and public hearing notice.
(1) Owners of record shall be notified, by regular mail, of the submission of a nomination form within ten business days of receipt of a complete application.
(2) The Planning and Zoning Commission shall schedule a public hearing on the nomination within 60 days following receipt of the completed nomination form. Notice of the time, place, and purpose of such a hearing shall be given by the Planning and Zoning Commission not more 30 days nor less than 15 days prior thereto by the following methods:
(a) By mailing of notification to each owner of record of a nominated Landmark or owner of record of each property, structure, site or object in a nominated Historic District.
(b) By publishing a notice in a newspaper of general circulation in the city.
(C) Hearing. The hearing shall be conducted in accordance with the rules of the Planning and Zoning Commission. The Planning and Zoning Commission shall consider all testimony or evidence relating to the designation criteria in § 155.04, from any person who makes written submissions or appears at the public hearing. The owner of any nominated landmark or of property, a structure, site or object within a nominated historic district, shall be allowed a reasonable opportunity to present testimony or evidence concerning the applicability of the designation criteria in § 155.04.
(D) Recommendation by Planning and Zoning Commission.
(1) Within 60 days of the close of the public hearing, the Planning and Zoning Commission shall make a determination upon the evidence as to whether the nominated landmark or historic district does or does not meet the criteria for designation in § 155.04. If the Planning and Zoning Commission determines that the nominated Landmark or Historic District meets the criteria for designation, the Planning and Zoning Commission shall forward a recommendation of approval to the City Council. The recommendation shall be accompanied by a report detailing the findings of the Planning and Zoning Commission in support of the nomination and shall be transmitted to the City Council within 60 days.
(2) If the Planning and Zoning Commission fails to make its recommendation within 60 days of the public hearing, or if the Planning and Zoning Commission finds that the nominated landmark or historic district does not meet the criteria for designation, the nomination process shall end.
(3) If the Planning and Zoning Commission fails to make its recommendation within 60 days of the public hearing, or if the Planning and Zoning Commission votes not to recommend a proposed designation to the City Council, the Planning and Zoning Commission may not reconsider the proposed designation, except as provided in § 155.03(F), for a period of two years from the date of the Planning and Zoning Commission action or the close of the public hearing, whichever is applicable.
(E) Designation by City Council.
(1) The City Council shall not act upon a proposed landmark or historic district until it has received a written report and recommendation of approval from the Planning and Zoning Commission.
(2) In reaching its decision, the City Council shall review the evidence and testimony presented to the Planning and Zoning Commission.
(3) The designation of a nominated landmark or historic district shall be by ordinance and shall require the concurrence of a majority of the members of the City Council then holding office.
(4) Notice of the City Council's approval of the designation shall be provided by regular mail to the nominator and all property owners of record of the landmark or properties within the historic district.
(5) If the City Council does not approve the recommended designation, the Planning and Zoning Commission may not reconsider the proposed designation, except as provided in § 155.03(F), for a period of two years from the date of the City Council's consideration.
(F) Reconsideration of previously nominated landmarks and historic districts. The Planning and Zoning Commission may reconsider previously nominated Landmarks and Historic Districts within a period of two years of previous action that occurred in accordance with §§ 155.03(D) and 155.03(E) only under the following conditions:
(1) Significant new information concerning the previously nominated landmark or historic district relating to the criteria for designation in § 155.04 is provided, and
(2) The Planning and Zoning Commission votes by an affirmative vote of at least five commissioners to reconsider the previously nominated landmark or historic district.
(Ord. 13-22, passed 4-23-13; Am. Ord. 22-24, passed 8-23-22)
Every nominated landmark or historic district must meet one or more of the following criteria for designation.
(A) Criteria for landmark designation. The Planning and Zoning Commission shall limit its consideration to the following criteria in making a determination on a nomination of an area, property, structure, site, or object for designation by ordinance as a landmark.
(1) Its exemplification of an architectural type, style or design distinguished by innovation, rarity, uniqueness, or overall quality of design, detail, materials, or craftsmanship;
(2) Its identification as the work of an architect, designer, engineer, or builder whose individual work is significant in the history or development of the city, the State of Illinois or the United States;
(3) Its exemplification of important planning and urban design techniques distinguished by innovation, rarity, uniqueness or overall quality of design or detail;
(4) Its representation of an historic, cultural, architectural, archaeological or related theme expressed through distinctive areas, properties, structures, sites or objects that may or may not be contiguous;
(5) Its unique location or distinctive physical appearance or presence representing an established and familiar visual feature of a neighborhood or of the city;
(6) Its exemplification of a pattern of neighborhood development or settlement significant to the cultural history or traditions of the city whose components may lack individual distinction;
(7) Its identification with a person or persons who significantly contributed to the historic, cultural, architectural, archaeological or related aspect of the development of the city, the State of Illinois or the United States;
(8) Its association with important cultural or social aspects or events in the history of the city, the State of Illinois or the United States;
(9) Its location as a site of important archaeological or natural significance;
(10) Its location as a site of a significant historic or prehistoric event or activity which may or may not have taken place within or involved the use of any existing improvements on the property.
(B) Criteria for historic district designation. The Planning and Zoning Commission shall limit its consideration to the following criteria in making a determination on a nomination of an area for designation by ordinance as a historic district. All historic districts that contain contiguous properties, structures, areas, or objects of significance must satisfy the following criteria.
(1) At least 50% of the properties, structures, areas or objects of significance in the historic district must satisfy at least one of the criteria for landmark designation set forth in § 155.04(A); and
(2) The historic district must be geographically definable and reasonably compact in geographic size; and
(3) The historic district must satisfy at least one of the following five criteria:
(a) The properties, structures, areas, or objects of significance in the historic district, taken together, shall convey or represent one or more architectural, cultural, economic, historic, social or other aspects particular to the heritage of the city, the State of Illinois or the United States;
(b) The properties, structures, areas, or objects of significance in the historic district shall exhibit consistency or similarity of use, design, size, scale, style, orientation, materials, detailing, facade design, ornamentation, color, lighting, technology, and/or storefronts;
(c) The properties, structures, areas, or objects of significance in the historic district must have been built, used, or have been significant during the same specified time period;
(d) The properties, structures, areas, or objects of significance in the historic district must create, define or enhance the character of the area for which historic district designation is appropriate; and
(e) The properties, structures, areas, or objects of significance in the historic district must be largely intact, particularly with respect to those qualities for which designation as a historic district is sought, unless such alterations or modifications to those properties, structures, areas, objects and landscapes of significance in the area comply with the United States Secretary of the Interior's Standards for Rehabilitation.
(C) Integrity of landmarks and historic districts. Any area, property, structure, site or object that meets any one or more of the criteria in § 155.04(A) shall also have sufficient integrity of location, design, materials and workmanship to make it worthy of preservation or restoration.
(Ord. 13-22, passed 4-23-13)
(A) When required.
(1) Landmarks; historic districts. A certificate of appropriateness shall be required before the following actions may be undertaken affecting any landmark or structure within a historic district:
(a) Any construction of a new residential or commercial building on a vacant lot.
(b) Any demolition in whole or in part, requiring a permit from the City, which affects the exterior architectural appearance of a structure.
(c) Any replacement structure constructed in conjunction with approval of a demolition.
(d) Any addition to a structure which is visible, at any time of the year, in whole or in part, from any public right-of-way, publicly owned land or adjacent private property that is not held in common ownership with the subject property.
(e) Any alteration which affects the exterior architectural appearance of a structure.
(B) Applications for certificate of appropriateness.
(1) It shall be unlawful to undertake any of the work specified in § 155.05(A) without first obtaining a certificate of appropriateness from the Planning and Zoning Commission. Applications for a certificate of appropriateness shall be made on a form supplied by and shall be submitted to the Community Development Department.
(2) Application forms shall be available from the Community Development Department. Applicants may be required to submit plans, drawings, elevations, specifications, and other information as may be necessary for the Planning and Zoning Commission to adequately review the application. Fees may be required with any application filed as approved and periodically updated by the City Council.
(3) The Community Development Department shall not act upon any permit for work specified in § 155.05(A) until the Planning and Zoning Commission has reviewed the application and issued a certificate of appropriateness.
(C) Review by Planning and Zoning Commission.
(1) Application for Planning and Zoning Commission consideration and action. A complete application shall include without limitation the following plans and information:
(a) Application form.
(b) Description of proposed exterior/interior alterations, if any.
(c) Statement of intent.
(d) Legal plat of survey.
(e) Site plan of proposed improvements (if any improvements are proposed).
(f) Grading plan (if any grade change is proposed).
(g) Dimensioned drawings of all new structures or additions showing exterior materials.
(h) All elevations (at least one elevation shall be in color).
(i) Floor plans.
(j) Roof plan.
(k) Cross sections.
(l) Streetscape elevation. (Required for all new houses and major additions visible from the street.)
(m) Concept studies of alternative options.
(n) Landscape plan.
(o) Photographs of the site, existing buildings and interior, if appropriate.
(p) All applicable fees.
(q) Other materials as required by the Director of Community and Economic Development.
(2) In addition to the above materials, the following shall be submitted for all applications for demolition:
(a) A written statement addressing the demolition criteria.
(b) Historic preservation consultants report and assessment.
(c) Structural evaluation from an independent structural engineer.
(d) Site plan of existing and proposed structures and hardscape.
(e) Elevation of existing and proposed elevations.
(3) One or more of the required materials may be waived if the Director of Community and Economic Development determines that the information is not relevant to the project or to the issues that will be considered by the Planning and Zoning Commission. Detailed information on the required materials shall be provided in the application packet available from time-to-time through the Community Development Department.
(4) Public hearing. After receipt of a complete Planning and Zoning Commission application, as determined by the Director of Community and Economic Development, a public hearing shall be set within 60 days thereafter, or at the first regularly scheduled Planning and Zoning Commission meeting that has not been fully subscribed. The time to consider the application may be extended with the consent of the applicant.
(a) Notice of hearing. Not less than ten days before the date of the public hearing, the Director of Community and Economic Development shall post notice of the time and place of the hearing and mail notice of the hearing to the owners of each property within 1,000 feet of the subject property. For purposes of this section, an OWNER of a property shall be either (i) an occupant, (ii) a legal or beneficial owner, or (iii) the person to whom the most recent real estate tax bill has been sent. Failure of any owner of a property to receive notice shall not affect the validity of any action taken with respect to a petition.
(b) Action by Planning and Zoning Commission. At the conclusion of the public hearing, the Planning and Zoning Commission shall vote in public whether to approve, disapprove, or grant conditional approval of the application based upon consideration of the standards set forth in § 155.06. The Planning and Zoning Commission may continue consideration of an application if the Planning and Zoning Commission determines that additional information is required.
(i) Approval by Planning and Zoning Commission. If a majority of the Planning and Zoning Commission vote to approve the application, the certificate of appropriateness shall be issued to the applicant. Upon receipt of the certificate of appropriateness, the applicant may submit an application to the Community Development Department to obtain necessary permits, if any, which permits may not be issued until the time for appeal as set forth in §§ 155.05(D) and 155.05(E) has expired. The certificate of appropriateness shall be valid for a period of one year from the date of issuance by the Planning and Zoning Commission. Certificates of appropriateness shall not be transferable from the applicant to another subsequent owner of the same property without the consent of the Planning and Zoning Commission.
(ii) Disapproval by Planning and Zoning Commission. If less than a majority of the Planning and Zoning Commission vote to approve the application, the applicant shall be notified within ten business days following the decision of the Planning and Zoning Commission. The Planning and Zoning Commission shall make reasonable efforts to confer with the applicant, offer technical guidance, and attempt to resolve differences. The applicant may resubmit an amended application for consideration by the Planning and Zoning Commission. At the discretion of the Planning and Zoning Commission, additional application fees may be waived.
(iii) Timing. Delays in the issuance of a certificate of appropriateness or of a notification of denial shall not affect the decision of the Planning and Zoning Commission with respect to any application for a certificate of appropriateness.
(D) Appeal of approvals. Any aggrieved person may appeal to the City Council any decision of the Planning and Zoning Commission granting a certificate of appropriateness. The appeal must be filed with the City Clerk within 14 calendar days after the date of the Planning and Zoning Commission's decision.
(E) Appeal of denials. Following a final decision of the Planning and Zoning Commission denying a certificate of appropriateness, (or approving such certificate upon conditions unacceptable to the applicant), an applicant may, within 14 calendar days of the denial, file with the City Clerk an appeal of such denial to the City Council.
(Ord. 13-22, passed 4-23-13; Am. Ord. 22-24, passed 8-23-22)
(A) Standards for review of replacement structures, new construction, additions and alterations. In considering an application for a certificate of appropriateness for replacement structures, new construction, additions and alterations, the Planning and Zoning Commission shall consider only the following general standards, specific design guidelines, if any, accompanying the ordinance designating the landmark, or historic district, and the standards included in this section, as relevant and applicable.
(1) Height. Height shall be visually compatible with properties, structures, sites, public ways, objects, and places to which it is visibly related.
(2) Proportion of front facade. The relationship of the width to the height of the front elevation shall be visually compatible with properties, structures, sites, public ways, objects, and places to which it is visually related.
(3) Proportion of openings. The relationship of the width to height of windows and doors shall be visually compatible with properties, structures, sites, public ways, objects, and places to which the building is visually related.
(4) Rhythm of solids to voids in front facades. The relationship of solids to voids in the front facade of a structure shall be visually compatible with properties, structures, sites, public ways, objects, and places to which it is visually related.
(5) Rhythm of spacing and structures on streets. The relationship of a structure or object to the open space between it and adjoining structures or objects shall be visually compatible with the properties, structures, sites, public ways, objects, and places to which it is visually related.
(6) Rhythm of entrance porches, storefront recesses and other projections. The relationship of entrances and other projections to sidewalks shall be visually compatible with the properties, structures, sites, public ways, objects, and places to which it is visually related.
(7) Relationship of materials and texture. The relationship of the materials and texture of the facade shall be visually compatible with the predominant materials used in the structures to which it is visually related.
(8) Roof shapes. The roof shape of a structure shall be visually compatible with the structures to which it is visually related.
(9) Walls of continuity. Facades and property and site structures, such as masonry walls, fences, and landscape masses, shall, when it is a characteristic of the area, form cohesive walls of enclosure along a street, to ensure visual compatibility with the properties, structures, sites, public ways, objects, and places to which such elements are visually related.
(10) Scale of a structure. The size and mass of structures in relation to open spaces, windows, door openings, porches, adjacent structures, and balconies shall be visually compatible with the properties, structures, sites, public ways, objects, and places to which they are visually related.
(11) Directional expression of front elevation. A structure shall be visually compatible with the properties, structures, sites, public ways, objects, and places to which it is visually related in its directional character, whether this be vertical character, horizontal character, or nondirectional character.
(12) Preserving distinguishing features. The distinguishing original qualities or character of a property, structure, site or object and its environment shall not be destroyed or adversely affected in a material way. The alteration of any historic material or distinctive architectural features should be avoided when possible.
(13) Protection of resources. Every reasonable effort shall be made to protect and preserve archaeological and natural resources affected by, or adjacent to any project.
(14) New construction. In considering new construction, the Planning and Zoning Commission shall not impose a requirement for the use of a single architectural style or period, though it may impose a requirement for consistency with the chosen style.
(15) Repair to deteriorated features. Deteriorated architectural features shall be repaired rather than replaced, wherever possible, in accordance with the Secretary of the Interior Standards for the Treatment of Historic Properties. In the event replacement is necessary, the new material need not be identical to but should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
(16) Surface cleaning. The surface cleaning of historic material and distinctive architectural features shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historically, visually, aesthetically, culturally or archaeologically significant materials shall not be undertaken.
(17) Reversibility of Additions and Alterations. Wherever possible, additions or alterations to historic properties shall be done in such manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the historic property would not be impaired.
(B) Standards for review of demolitions. In considering an application for a certificate of appropriateness for demolition, the Planning and Zoning Commission shall consider only the following general standards, the Secretary of Interior's Standards for Rehabilitation of Historic Properties, as amended, and the standards included in § 155.06(A).
(1) Whether the property, structure or object is of such historic, cultural, architectural or archaeological significance that its demolition would be detrimental to the public interest and contrary to the general welfare of the people of the city and the State of Illinois.
(2) Whether the property, structure or object contributes to the distinctive historic, cultural, architectural or archeological character of the historic district as a whole and should be preserved for the benefit of the people of the city and the State of Illinois.
(3) Whether demolition of the property, structure or object would be contrary to the purpose and intent of this chapter and to the objectives of the historic preservation for the applicable historic district.
(4) Whether the property, structure or object is of such old, unusual or uncommon design, texture, and/or material that it could not be reproduced without great difficulty and/or expense.
(5) Except in cases where the owner has no plans for a period of up to five years to replace an existing Landmark or property, structure or object in a historic district, no certificate of appropriateness shall be issued until plans for a replacement structure or object have been reviewed and approved by the Planning and Zoning Commission.
(Ord. 13-22, passed 4-23-13)
(A) The limitations upon the issuance of demolition permits or building permits in any historic district or affecting any landmark shall not apply when alteration, construction, demolition, or relocation involved in the permit has been ordered by the Director of Community and Economic Development for the preservation of the public health or safety or involves a temporary use by the city.
(B) If the Director of Community and Economic Development has ordered alteration, construction, demolition, or relocation of a landmark or a property, structure or object located within a historic district, the Planning and Zoning Commission shall be notified of the proposed alteration, construction, demolition, or relocation. If the Planning and Zoning Commission disagrees with the plan, the Planning and Zoning Commission shall have the right to delay the proposal 60 days by submitting a delay request. During the delay period, the Planning and Zoning Commission may develop alternative plans for consideration. If after 60 days no such alternative plans can be developed, the proposed alteration, construction, demolition, or relocation may proceed as ordered.
(Ord. 13-22, passed 4-23-13; Am. Ord. 22-24, passed 8-23-22)
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