(A) Certificate Of Appropriateness Required; Exterior Alteration, Addition, Demolition Or Subdivision: No designated building or structure listed in section 11-1-5, appendix D of this chapter shall undergo any exterior construction, addition, alteration, renovation, reconstruction, remodeling, restoration or demolition, where a building or demolition permit is required, or a subdivision of the property, without first obtaining a certificate of appropriateness for such work or proposed subdivision from the commission pursuant to the procedures provided in this section. (Ord. 2900, 3-3-2016)
(B) Criteria: The commission shall consider, where applicable, the current standards for rehabilitation promulgated by the Secretary of the U.S. Department of Interior as a criterion for its review, and shall consider, where applicable, the following criteria in determining whether or not the proposed work or subdivision is compatible and appropriate:
1. Whether such work or subdivision will highlight or positively enhance any exterior feature of the property and improvements upon which landmark status is based.
2. Whether any new improvements will have a positive effect and harmonize with the external appearance of neighboring property.
3. Whether such work or subdivision is compatible with the architectural or historical integrity of the property upon which landmark status is based.
4. Whether such work or subdivision will cause a change in the essential character of the area where the property is located.
5. The physical condition, state of repair and structural stability of the property under consideration and whether the same poses a dangerous and unsafe threat to the health and safety of the community.
6. The proposed demolition and subsequent changes in new improvements and in landscaping to the property under consideration.
7. Whether the property under consideration can be put to a reasonably beneficial use, or provide a reasonable economic return for the owner without undertaking the proposed work, subdivision or demolition. (Ord. 2994, 7-19-2018)
(C) Procedures: The following procedures shall apply to the alteration or other proposed exterior work or demolition of a landmark building or structure or subdivision of property on which the landmark building or structure is situated:
1. Application: An application seeking a certificate of appropriateness shall be combined with an application for a building or demolition permit, or request for approval of a plat of subdivision, as required by the Village, and shall be filed with the Village Manager or his or her designee on forms to be furnished by said Manager. The applicant shall be the owner of the property in question, except for those instances where the work, subdivision or demolition is sought by the Village through proceedings regarding dangerous and unsafe buildings.
The application shall include the information required in subsections 11-1-3-2(C)1(a) through (C)1(d) of this section 11-1-3 and, in addition, shall include any other information which may be required by the commission in the application form, and any additional information as may be required for building or demolition permits by this Code or building or zoning regulations.
Any applicant may request a preapplication meeting with the commission before submitting an application. (Ord. 2900, 3-3-2016)
2. Review: Upon the filing of such application, the Village Manager or his or her designee shall review the same for compliance with building and zoning requirements and, if applicable, Subdivision Code requirements, and if acceptable he shall, within two (2) business days, forward a copy thereof, together with his report that the application meets the requirements for a building permit, subject to a certificate of appropriateness, to the commission, which shall schedule a meeting to review the same within thirty (30) days following receipt thereof. Notice of the date, time and place of such review meeting shall be mailed, by regular mail, not less than fifteen (15) days prior to the meeting, to the applicant and property owner, with additional copies of said notice delivered to the Village Manager or his or her designee. A copy of the notice shall be posted in the bulletin board area of the Village Hall at least forty eight (48) hours before the meeting. To receive an expedited review, the property owner may waive this right to notice. The commission may review the application at its next regularly scheduled meeting or at a special meeting.
The commission shall review the application and may grant a certificate of appropriateness if at least four (4) members find that the proposed work or subdivision is clearly appropriate and in accordance with the applicable criteria set forth in this section.
For applications limited to work which replaces existing historic materials with like kind materials, an individual designated by the commission for such purpose may review the application and may, upon determining that the replacements are clearly appropriate and so consistent with the purpose of this chapter and the criteria set forth in this section that further review by the full commission is not required, administratively grant a certificate of appropriateness with or without conditions. The Village Manager or his or her designee shall report all certificates of appropriateness granted by the designated individual to the commission at its next regular meeting. If, following initial consideration of an application which replaces existing historic materials with like kind materials, the designated individual determines the application is more appropriately reviewed by the full commission, or otherwise feels he or she cannot administratively approve the application, he or she shall inform the Chair and forward the application to the full commission for review.
If the commission or the individual designated by the commission to perform administrative approvals desires further information on the state of repair and structural stability of the property in question, it may request that the Village Manager or his or her designee inspect the property and submit a report thereon. The granting of a certificate of appropriateness by the commission or individual designated by the commission, shall be the final administrative decision and will allow the Village Manager or his or her designee to issue the appropriate building or demolition permit upon fulfillment of all other permit requirements. After issuance of such certificate, no change may be made in the proposed work without resubmittal of an application. (Ord. 2994, 7-19-2018)
3. Notice Of Denial Of Application For Certificate Of Appropriateness; Informal Conference: If at least four (4) members of the commission vote to deny an application, such action shall constitute a determination by the commission that the application will have an adverse effect on the landmark designation of the subject property. The commission shall notify the applicant of such determination and the reason therefor, in writing, by certified mail, and shall advise the applicant of the right to request an informal conference with the commission within ten (10) days after receipt of said notice. Such conference shall allow the commission and the applicant an opportunity to discuss those elements of the proposed work or subdivision which have an adverse effect upon the landmark designation and to resolve or correct the same through the submission of additional information, or through modifications to the proposed work or subdivision, or the withdrawal of the application. Upon conclusion of a requested informal conference, a revised application seeking a certificate of appropriateness may be considered at the next regular meeting of the commission and shall be subject to the provisions in subsection (C)2 of this section.
At the expiration of the ten (10) day period for requesting such conference, in the event no such conference is requested or upon conclusion of the informal conference, if the applicant and the commission cannot reach agreement on the proposed work or subdivision, the commission shall notify the applicant of such determination, in writing, by certified mail, and shall advise the applicant of the right to request a public hearing with the commission within ten (10) days after receipt of said notice, and upon payment of a three hundred sixty dollar ($360.00) fee to cover the costs of publishing notice and of holding such hearing. If no public hearing is requested, the determination of the commission shall be final.
4. Public Hearing: Where the commission has determined that the proposed work or subdivision set forth in an application is not appropriate and in accordance with applicable criteria so as to grant a certificate of appropriateness, and the applicant has requested a public hearing and has paid the hearing fees, the commission shall schedule and hold a public hearing within thirty (30) days following said request. Such public hearing shall be noticed and conducted in accordance with the procedures provided in subsection 11-1-3-2(C)3 of this section 11-1-3.
5. Decision: The commission shall review the information received at the public hearing and shall act, by an affirmative vote of at least four (4) members, to grant, or deny, or modify the requested certificate of appropriateness within thirty (30) days after the completion of the hearing. The commission's decision shall be in writing and shall include findings of fact in support thereof. Copies thereof shall be mailed, by certified mail, to the applicant, with copies submitted to the village manager and the village manager or his or her designee. The commission's decision shall be the final administrative decision subject to the issuance of a certificate of economic hardship or the filing of an appeal as hereinafter provided. Following such denial, no application shall be resubmitted within the next twenty four (24) months except upon written request of the applicant, indicating the incorporation of changes in plans and specifications as may have been recommended by the commission.
6. Certificate Of Economic Hardship: Within ten (10) days following receipt of the decision to deny a certificate of appropriateness, the owner or designated representative may submit an application for a certificate of economic hardship to the commission on forms furnished by the village manager or his or her designee for this purpose, together with payment of another public hearing fee in the amount designated in subsection (C)3 of this section.
The commission shall hold a public hearing within forty five (45) days of receipt of a completed application for a certificate of economic hardship. Said public hearing shall be noticed and conducted in accordance with the procedures provided in subsection 11-1-3-2(C)3 of this chapter and shall, in addition, include notice, by regular mail, not less than fifteen (15) days prior to the hearing, to property owners within two hundred fifty feet (250') of the property for which application has been made.
At the public hearing the commission shall take the testimony presented by the owner(s) and any other interested parties concerning the effect of the proposed alteration, construction, relocation, subdivision of property or demolition upon the designated landmark property, and shall include evidence pertinent to the establishment of a substantial decrease in the fair market value of the property or a substantial decrease in the pretax or after tax return to owners of record or other investors in the property as a result of the denial of the certificate of appropriateness; evidence pertinent to the cost of the proposed construction, alteration, relocation, subdivision of property or demolition, and an estimate of any additional cost that would be incurred to comply with the recommendations of the commission for changes necessary for the issuance of a certificate of appropriateness; evidence pertinent to the structural soundness of any structures on the property and their suitability for rehabilitation; and, in the case of a proposed demolition, evidence pertinent to the economic feasibility of rehabilitation or reuse of the existing structure or improvement on the property.
If, upon completion of the public hearing, the commission finds by an affirmative vote of at least four (4) of its members that, without approval of the proposed work or subdivision, the property cannot be put to a reasonable use or the owner cannot obtain a reasonable economic return therefrom, then the commission shall issue a certificate of economic hardship approving the proposed work, subdivision or demolition, provided that, if the commission deems it to be feasible, it may first make recommendation to the board regarding building code or zoning modifications, or revising other provisions of this chapter to allow for a reasonable use of or return from the property, or to otherwise preserve the same.
The board shall have a period of sixty (60) days to act upon the commission's recommendation before a decision to grant a certificate of economic hardship shall issue. If the commission finds otherwise, it shall deny the issuance of a certificate of economic hardship. Notice of the decision shall be sent to the property owner and the village manager or his or her designee within five (5) working days after the decision.
7. Appeal: Any applicant denied a required certificate of appropriateness or certificate of economic hardship, in whole or in part, may appeal the final decision of the commission to the board within thirty (30) days following receipt of the decision by filing a written notice of appeal in the office of the village clerk, village hall, Riverside, Illinois. The board shall thereafter review the application, using the criteria established for such certificate, and the reasons for the commission's denial thereof, and shall take action, by resolution, to either affirm the commission's decision or to reverse it and order the certificate of appropriateness or of economic hardship to issue; said review and action to take place within forty five (45) days following receipt of the notice of appeal. The decision of the board shall constitute the final administrative decision.
8. Work To Conform To Certificate: All work performed pursuant to the issuance of a certificate of appropriateness or of economic hardship shall conform to the requirements of such certificate. It shall be the duty of the village manager or his or her designee to inspect, from time to time, any work performed pursuant to such certificate to assure such compliance. In the event work is performed which is not in accordance with such certificate, the village manager or his or her designated representative shall issue a stop work order and all work shall cease. No person shall undertake any work on such project as long as such stop work order shall continue in effect.
(D) Penalties: Any person who violates any of the provisions of this section or of section 11-1-3-3 of this chapter shall, upon conviction, be subject to a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for such offense. Each day that a violation exists shall be deemed a separate offense.
Any contractor licensed by this village who undertakes construction, reconstruction, alteration, renovation, demolition or repair of a landmark structure or property, without a permit or in violation of the provisions of this section or section 11-1-3-3 of this chapter, shall suffer revocation of such license by the village for a period of three (3) years.
In addition to the foregoing penalty, the village may institute any appropriate action or proceeding to prevent, restrain, abate or correct a violation of this section or of section 11-1-3-3 of this chapter, including, but not limited to, requiring the restoration of the property and improvements to its appearance prior to violation.
(E) Subdivisions: Any person proposing to subdivide a property containing a landmark who violates any of the provisions of this section or of section 11-1-3-3 of this chapter shall, upon conviction, be subject to a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for such offense. Each day that a violation exists shall be deemed a separate offense. (Ord. 2900, 3-3-2016; amd. Ord. 3084, 4-15-2020)