[Ord. 2003-25, 9-15-2003, § 2]
The purpose of this chapter is to promote the protection, enhancement,
perpetuation, and use of improvements of special character or historical
interest or value in the interest of the health, prosperity, safety,
and welfare of the people of the Village of Elmwood Park by:
(a)
Providing a mechanism to identify and preserve the historic and architectural
characteristics of Elmwood Park which represent elements of the Village's
cultural, social, economic, political and architectural history;
(b)
Promoting civic pride in the beauty and noble accomplishments of
the past as represented in Elmwood Park's landmarks and historic
districts;
(c)
Stabilizing and improving the economic vitality and value of Elmwood
Park's landmarks and historic areas;
(d)
Protecting and enhancing the attractiveness of the Village to its
residents, visitors and shoppers, thereby supporting business, commerce,
and industry, and thereby providing economic benefit to the Village;
(e)
Fostering and encouraging preservation, restoration of structures,
areas, and neighborhoods and thereby preventing future urban blight.
[Ord. 2003-25, 9-15-2003, § 3]
Unless specifically defined below, 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.
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.
Any act or process that 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.
A specific geographic division of the Village of Elmwood
Park.
The President and Board of Trustees of the Village of Elmwood
Park.
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.
A certificate from the plan, zoning and development (PZD)
commission authorizing plans for alteration, construction, removal
or demolition of a landmark or site within a designated historic district.
A certificate from the plan, zoning and development (PZD)
commission authorizing the performance of work for which a certificate
of appropriateness has been denied.
The Elmwood Park plan, zoning and development (PZD) commission.
Voting members of the Elmwood Park PZD commission.
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.
Any act or process that destroys in part or in whole a landmark
or site within a historic district.
A standard of appropriate activity that will preserve the
historic and architectural character of a structure or area.
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.
An area designated as a "historic district" by ordinance
of the President and Board of Trustees 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.
Any person who is eligible to sign a nomination petition
for either historic landmark or historic district designation, the
owner of record of the property nominated for historic landmark or
historic district designation, the members of the PZD, and the President
and Board of Trustees.
Any building, structure or site which has been designated
as a "landmark" by ordinance of the President and Board of Trustees,
pursuant to procedures prescribed herein, that is worthy of rehabilitation,
restoration, and preservation because of its historic and/or architectural
significance to the Village of Elmwood Park.
The person, corporation, or other legal entity listed as
owner of real estate on the records of the Cook County recorder of
deeds.
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.
Any relocation of a structure on its site or to another site.
Any change to a structure that does not require a building
permit, and that is not construction, relocation or alteration.
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.
Anything constructed or erected, the use of which requires
permanent or temporary location on or in the ground, including, but
without limiting the generality of the foregoing, buildings; fences;
gazebos; advertising signs; billboards; backstops for tennis courts;
radio and television antennas, including supporting towers; swimming
pools; satellite dishes; solar panels and wind generation devices.
[Ord. 2003-25, 9-15-2003, § 4]
The members of the plan, zoning and development (PZD) commission
shall constitute the Village's historic preservation commission.
The term PZD and historic preservation commission shall be interchangeable
when used hereinafter in this chapter.
[Ord. 2003-25, 9-15-2003, § 5]
A quorum of the PZD commission shall consist of a majority of
the members then holding office. All decisions or actions of the PZD
commission shall be made by a majority vote of those members present
and voting at any meeting where a quorum exists. Meetings shall be
held at regularly scheduled times, to be established by the PZD commission.
No member of the PZD commission shall vote on any matter that
may materially or apparently affect the property, income or business
interest of that member. No action shall be taken by the PZD commission
that could in any manner deprive or restrict the owner of property
in its use, modification, maintenance, disposition, or demolition
until such owner shall first have had the opportunity to be heard
at a public meeting of the PZD commission, as provided herein. The
chairman, and in his absence the acting vice chairman, may administer
oaths, compel the attendance of witnesses and shall request assistance
from any Village department in preparation for the meeting. All meetings
of the PZD commission shall be open to the public. The PZD commission
shall keep minutes of its proceedings, showing the vote, indicating
such fact, and shall keep records of its examinations and other official
actions, all of which shall be immediately filed in the office of
the Village Clerk and shall be a public record.
[Ord. 2003-25, 9-15-2003, § 6]
The PZD commission, in connection with its actions and activities
pursuant to this chapter, shall have the following powers and duties:
(a)
To adopt its own procedural regulations;
(b)
To identify historically and architecturally significant properties,
structures and areas;
(c)
To investigate and recommend to the President and Board of Trustees
the adoption of ordinances designating properties or structures having
special historic, community, or architectural value as "landmarks";
(d)
To investigate and recommend to the President and Board of Trustees
the adoption of ordinances designating properties or structures having
special historic, community or architectural value as "historic districts";
(e)
To keep a register of all properties and structures that have been
designated as landmarks or historic districts, including all information
required for each designation;
(f)
To determine an appropriate system of markers and make recommendations
for the design and implementation of specific markings of the streets
and routes leading from one landmark or historic district to another;
(g)
To advise owners of landmarks and property or structures within historic
districts on physical and financial aspects of preservation, renovation,
rehabilitation, and reuse, and on procedures for inclusion on the
State or National Register of Historic Places;
(h)
To inform and educate the citizens of Elmwood Park concerning the
historical and architectural heritage of the Village;
(i)
To hold public hearings and to review applications for construction,
alteration, removal, or demolition affecting proposed or designated
landmarks or structures or historic districts, and to issue or deny
certificates of appropriateness and certificates of economic hardship
for such actions. Applicants shall be required to submit plans, drawings,
elevations, specifications, and other information as may be necessary
to make such decisions;
(j)
To develop specific guidelines for the alteration, demolition, construction,
or removal of landmarks or property and structures located within
historic districts;
(k)
To review proposed zoning amendments, applications for special use
permits or variances that affect proposed or designated landmarks
or historic districts;
(l)
To accept and administer on behalf of the Village of Elmwood Park,
upon designation by the President and Board of Trustees, such gifts,
grants and money as may be appropriate for the purposes of this chapter;
(m)
To call upon available Village staff members, as well as other experts,
for technical advice;
(n)
To periodically review the Elmwood Park zoning ordinance and to recommend
to the President and Board of Trustees any amendments appropriate
for the protection and continued use of landmarks or property and
structures located within historic districts.
[Ord. 2003-25, 9-15-2003, § 7]
(a)
Nominations for landmark designation shall be made to the PZD commission
on a form to be provided by the Village Clerk. The filing of an application
for historic landmark designation is restricted to residents of Elmwood
Park, and the petition must include signatures of 66.7% of property
owners and long term leaseholders (with a five year or longer leasehold
interest) within 250 feet of the proposed site. The Village Clerk
shall supply, upon request, the application forms. Completed forms
shall be submitted to the Village Clerk, which shall be forwarded
to the PZD commission for its consideration.
(b)
The commission shall, upon investigation as it deems necessary, make
a preliminary determination as to whether a property, structure, or
area possesses the integrity of design, workmanship, materials, location,
setting and feeling and meets one or more of the following criteria:
(1)
Has significant value as part of the history, heritage, cultural
or social characteristics of the community, county, state or nation;
(2)
Is identified with a person or persons who significantly contributed
to the development of the community, county, state or nation;
(3)
Is representative of the distinguishing characteristics of architecture
inherently valuable for the study of a period, type, method of construction
or use of indigenous materials;
(4)
Is the notable work of a master builder, designer, architect
or artist whose individual work has influenced the development of
the community, county, state or nation;
(5)
Exhibits a unique location or singular physical characteristics
that make it an established or familiar visual feature;
(6)
Is characteristic of a particularly fine or unique example of
a utilitarian structure, including, but not limited to, farmhouses,
gas stations, restaurants or other commercial structures, with a high
level of integrity or architectural significance;
(7)
Consists of an area that has yielded or may be likely to yield,
information important in history or prehistory.
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A preliminary determination as to whether a property, structure,
or area meets one or more of the foregoing criteria shall be made
by the PZD commission within 60 days of filing of a nomination with
the commission.
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[Ord. 2003-25, 9-15-2003, § 8]
(a)
Procedures.
(1)
The PZD commission shall schedule a public hearing within 60
days after preliminary determination of a nomination application;
(2)
Notice of date, time, place and purpose of the public hearing shall be sent by the Village Clerk by regular mail to the owner(s) of record of the property so nominated, and to the nominator(s), as well as to all property owners within 250 feet in each direction of the proposed historic landmark; provided, the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the 250-foot requirement. Such notice shall be mailed not less than 15 days nor more than 30 days prior to the date of the hearing. A public hearing notice also shall be published by the Village Clerk in a newspaper having general circulation in the Village of Elmwood Park. Such publication to be not less than 15 days nor more than 30 days prior to the date of the public hearing. The notice shall state the location of the property and a statement summarizing how the proposed landmark meets the criteria set forth in subsection 25A-6(b) of this chapter. The expense of such mailing and publication shall be a charge to be collected from the nominator(s) prior to the hearing.
(3)
During the public hearing, the commission shall review and evaluate
the application according to the criteria established by this chapter.
(4)
If the PZD commission finds at the time that the application
merits further consideration, then the PZD commission may table the
request until its next regularly scheduled meeting.
(5)
A certificate of appropriateness shall be required for any alteration,
construction, removal or demolition of a proposed landmark, any time
after the date that a nomination form is presented to the PZD commission,
until the final disposition of the application.
(b)
Recommendation. A recommendation by the PZD commission to the Village
President and Board of Trustees shall be made within 30 days following
the date of the closing of the public hearing.
(1)
Following the public hearing, the secretary of the PZD commission
shall prepare the PZD commission's evaluation, recommendation
and all available information for submission to the President and
Board of Trustees within 30 days of the close of the public hearing.
(2)
If the PZD commission recommends the designation of a landmark,
it shall do so by a resolution passed by a majority of the PZD commission.
(3)
The owner(s) of record shall be notified promptly by a letter
from the Village Clerk containing information regarding the PZD commission's
recommendation.
(4)
The President and Board of Trustees shall consider the PZD commission's
recommendation. A simple majority vote by the President and Board
of Trustees is necessary for approval of a landmark designation. If
the President and Board of Trustees approves the application for a
designation, a notice will be sent to the property owner, the code
administration department, and the Village Clerk's office, and
the Village Clerk shall record with the Cook County recorder of deeds
a notice of such designation and that such property shall be subject
to issuance of a certificate of appropriateness. If the President
and Board of Trustees denies the petition, no petitioner or applicant
can file a new application with the Village Clerk for 90 days.
(5)
Buildings designated as historic landmarks shall be subject
to issuance of certificates of appropriateness.
[Ord. 2003-25, 9-15-2003, § 9]
(a)
Petition.
(1)
Nomination for historic district designation shall be made to
the PZD commission on a form to be provided by the Village Clerk.
Any person, group of persons, or association, including, but not limited
to, the PZD commission, meeting the criteria of Subsection (a)(2)
of this section, may present to the PZD commission a petition requesting
that a defined geographic area be designated as a historic district.
The Village Clerk shall supply, upon request, the application forms.
Completed forms shall be submitted to the Village Clerk, who shall
forward them to the PZD commission for its consideration.
(2)
The filing of a petition for historic district designation shall
be restricted to residents of Elmwood Park who live within 250 feet
of the proposed district, and shall contain the signatures of no less
than 66.7% of the property owners of the geographic area cited in
the application form; or if long term leaseholders, (with a five year
or longer leasehold interest) are signatories to the petition, then
the petition shall contain no less than 66.7% of the property owners
and/or long term leaseholders within the proposed geographic area.
(b)
Criteria Used to Determine Designation. The following criteria shall
be utilized by the PZD commission in determining the designation of
historic districts:
(1)
The historic district contains one or more landmarks along with
such other buildings, places or areas within its definable geographic
boundaries which, while not of such historic significance to be designated
as landmarks, nevertheless contribute to the overall visual characteristics
of the landmark or landmarks located in such district;
(2)
A significant number of structures within the proposed historic district meets any of the standards of landmark designation criteria in subsection 25A-6(b) of this chapter;
(3)
Such district establishes a sense of time and place unique to
the Village of Elmwood Park; and/or
(4)
Such district exemplifies or reflects the cultural, social,
economic, political or architectural history of the nation, the state
or the Village.
(c)
Preliminary Determination. A preliminary determination as to whether
a district or an area meets one or more of the foregoing criteria
shall be made by the PZD commission within 60 days of the filing of
a nomination application with the PZD commission.
[Ord. 2003-25, 9-15-2003, § 10]
(a)
Procedures.
(1)
The PZD commission shall schedule a public hearing within 60
days after preliminary determination of a nomination application.
(2)
Notice of date, time, place and purpose of the public hearing shall be sent by the Village Clerk by regular mail to owner(s) of record of the properties proposed to be included in the historic district and to the nominator(s), as well as to all property owners within 250 feet in each direction of the proposed historic district; provided, the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the 250-foot requirement. Such notice shall be mailed not less than 15 days nor more than 30 days prior to the date of the hearing. A public hearing notice also shall be published by the Village Clerk in a newspaper having general circulation in the Village of Elmwood Park. Such publication shall be not less than 15 days nor more than 30 days prior to the date of the public hearing. The notice shall state the location of the property and a statement summarizing how the proposed landmark meets the criteria set forth in subsection 25A-8(b) of this chapter. The expense of such mailing and publication shall be a charge to be collected from the nominator(s) prior to the hearing.
(3)
During the public hearing, the PZD commission shall review and
evaluate the application according to the criteria established by
this chapter.
(4)
If the PZD commission finds at the time that the application
merits further consideration, then the PZD commission may table the
request until its next regular scheduled meeting.
(b)
Recommendation. A recommendation by the PZD commission to the Village
President and Board of Trustees shall be made within 30 days following
the date of the close of the public hearing.
(1)
Following the public hearing, the secretary of the PZD commission
shall prepare the PZD commission's evaluation, recommendation
and all available information for submission to the President and
Board of Trustees within 30 days of the close of the public hearing.
(2)
If the PZD commission recommends that the proposed historic
district should be designated, it shall do so by a resolution passed
by a majority of the PZD commission.
(3)
The owner(s) of record shall be notified promptly by a letter
from the Village Clerk containing information regarding the PZD commission's
recommendation.
(4)
The President and Board of Trustees shall consider the PZD commission's
recommendation. A simple majority vote by the President and Board
of Trustees is necessary for approval of a historic district designation.
If the President and Board of Trustees approves the application for
designation, a notice will be sent to the property owners, the code
administration department, and the Village Clerk's office, and
the Village Clerk shall record with the Cook County recorder of deeds
a notice that the area has been designated as such and that buildings
located within the boundaries of the historic district shall be subject
to issuance of certificate of appropriateness. If the President and
Board of Trustees denies the petition, no petitioner can file a new
application with the Village Clerk for 90 days.
[Ord. 2003-25, 9-15-2003, § 11]
Applications for a nomination shall be filed with the Village
Clerk. Persons wishing guidance or advice prior to completing an application
may contact the code administration department. At a minimum, the
application shall include the following:
(a)
For a landmark:
(1)
The name and address of the property owners and long term (five
years or longer) leaseholders within 250 feet of the site.
(2)
The legal description and common street address of the property,
and the name of the property owner.
(3)
A written statement describing the property and setting forth
reasons in support of the proposed designation.
(4)
Documentation that the property owner has been notified or consents
to the application for designation.
(5)
A list of significant exterior architectural features that should
be protected.
(6)
An Overall Site Plan And Photographs Of The Proposed Landmark.
The plan shall also include a front, side and rear elevation drawing.
(b)
For a historic district:
(1)
The names and addresses of the property owners and long term
(five years or longer) leaseholders within the proposed district and
within 250 feet of the proposed district.
(2)
A map delineating the boundaries of the area to be designated.
(3)
A written statement describing the area and properties within
the historic district and setting forth reasons in support of the
proposed designation.
(4)
A list and photographs of significant exterior architectural
features of all properties in the proposed district that should be
protected.
[Ord. 2003-25, 9-15-2003, § 12]
(a)
A certificate of appropriateness issued by the PZD commission shall
be required before a building permit, moving or building permit or
demolition permit is issued for any designated historic landmark or
any building, structure or site or part thereof in the historic district.
A certificate of appropriateness is required if the building, structure
or site will be altered, extended, or repaired in such a manner as
to produce a major change in the exterior appearance of such building
or structure. Such major changes include, but are not limited to:
(1)
Major changes by addition, alteration, maintenance, reconstruction,
rehabilitation, renovation or repair;
(2)
Any new construction or demolition in whole or in part requiring
a permit from the Village of Elmwood Park;
(3)
Moving a building;
(4)
Any construction, alteration, demolition, or removal affecting
a significant exterior architectural feature as specified in the ordinance
designating the landmark or historic district.
(b)
An exception to the requirement for a certificate of appropriateness
shall be made if the applicant shows the PZD commission that a failure
to grant the permit will cause an imminent threat to life, health
or property.
[Ord. 2003-25, 9-15-2003, § 13]
Every application for a demolition permit or a building permit,
including plans and specifications, for landmarks or structures within
a historic district, shall be forwarded by the code administration
department to the PZD commission within 15 days following receipt
of the application by the code administration department. The application
for issuance of a certificate of appropriateness must include:
(a)
Street address of the property involved.
(b)
Legal description of the property involved.
(c)
Brief description of the present improvements situated on the property.
(d)
A detailed description of the construction, alteration, demolition
or use proposed together with any architectural drawings or sketches,
if those services have been utilized by the applicant, and if not,
a sufficient description of the construction, alteration, demolition,
and use to enable the PZD commission to determine what the final appearance
and use of the real estate will be.
(e)
Owner's name.
(f)
Developer's name, if different than owner.
(g)
Architect's name.
[Ord. 2003-25, 9-15-2003, § 14]
In making a determination whether to approve or deny an application
for a certificate of appropriateness, the PZD commission shall be
guided by the secretary of the interior's "standards for rehabilitation,"
as follows:
(a)
A property shall be used for its historic purpose or be placed in
a new use that requires minimal change to the defining characteristics
of the building and its site environment.
(b)
The historic character of a property shall be retained and preserved.
The removal of historic materials, or the alteration of features and
spaces that characterize a property shall be avoided.
(c)
Each property shall be recognized as a physical record of its time,
place, and use. Changes that create a false sense of historical development,
such as adding conjectural features or architectural elements from
other buildings, shall not be undertaken.
(d)
Most properties change over time; those changes that have acquired
historic significance in their own right shall be retained and preserved.
(e)
Distinctive stylistic features or examples of skilled craftsmanship
that characterize a building, structure, or site shall be preserved
to the extent possible.
(f)
Deteriorated historic features shall be repaired rather than replaced.
Where the severity of deterioration requires replacement of a distinctive
feature, the new feature shall match the old in design, color, texture,
and other visual qualities, and, where possible, materials. Replacement
of missing features shall be substantiated by documentary, physical,
or pictorial evidence.
(g)
Chemical or physical treatments, such as sandblasting, that cause
damage to historic materials shall not be used. The surface cleaning
of the structures, if appropriate, shall be undertaken using the gentlest
means possible.
(h)
Significant archaeological resources affected by a project shall
be protected and preserved. If such resources must be disturbed, mitigation
measures shall be undertaken.
(i)
New additions, exterior alterations, or related new construction
shall not destroy historic materials that characterize the property.
The new work shall be differentiated from the old and shall be compatible
with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment.
(j)
New additions and adjacent or related new construction shall be undertaken
in such a manner that if removed in the future, the essential form
and integrity of the historic property and its environment would be
unimpaired.
[Ord. 2003-25, 9-15-2003, § 15]
Design guidelines for applying the criteria for review of certificates
of appropriateness shall at a minimum, consider the following architectural
criteria:
(a)
Height. The height of any proposed alteration or construction should
be compatible with the style and character of the landmark and with
surrounding structures in a historic district.
(b)
Proportions of Windows and Doors. The proportions and relationships
between doors and windows should be compatible with the architectural
style and character of the landmark.
(c)
Relationship of Building Masses and Spaces. The relationship of a
structure within a historic district to the open space between it
and adjoining structures should be compatible.
(d)
Roof Shape. The design of the roof, fascia, and cornice should be
compatible with the architectural style and character of the landmark.
(e)
Landscaping. Landscaping should be compatible with the architectural
character and appearance of the landmark.
(f)
Scale. The scale of the structure after alteration, construction,
or partial demolition should be compatible with its architectural
style and character and with surrounding structures in a historic
district.
(g)
Directional Expression. Facades in historic districts should blend
with other structures with regard to directional expression. Structures
in a historic district should be compatible with the dominant horizontal
or vertical expression of surrounding structures. The direction expression
of a landmark after alteration, construction, or partial demolition
should be compatible with its original architectural style and character.
(h)
Architectural Details. Architectural details including types of materials,
colors, and textures should be treated so as to make landmark compatible
with its original architectural style and character of a landmark
or historic district.
(i)
Compatibility. New structures in a historic district shall be compatible
with the architectural styles and design in said districts.
[Ord. 2003-25, 9-15-2003, § 16]
(a)
Applications for a certificate of appropriateness are available from
the Village Clerk. Such applications shall be completed and submitted
to the Village Clerk, who shall forward them to the PZD commission.
The Village Clerk shall schedule a public hearing for consideration
of the application, to be held within 45 days of receipt of the application.
A public notice for consideration of the application shall be publicized
not less than 15 days nor more than 30 days before hearing, in a newspaper
of general circulation published in the Village of Elmwood Park. Such
notice shall contain a brief description of the application for certificate
of appropriateness and the address of the property.
(b)
If the PZD commission finds at the time that the application merits
further consideration, then the PZD commission may table the request
until its next regularly scheduled meeting.
[Ord. 2003-25, 9-15-2003, § 17]
The Village Clerk shall notify the applicant in writing of the
commission's decision, within five business days after the close
of the public hearing. If the application is approved, the commission
shall direct the Village Clerk to issue a signed certificate of appropriateness
to the applicant, with copies forwarded to the code administration
department.
A certificate of appropriateness shall be invalid if changes
in the plans reviewed by the PZD commission are necessary in order
to obtain a building permit or if the building permit issued for the
same work becomes invalid. The certificate of appropriateness remains
valid for the same period of validity as the building permit.
[Ord. 2003-25, 9-15-2003, § 18]
In the event of denial of an application for a certificate of
appropriateness, the PZD commission shall notify the applicant in
writing of the disapproval and the reasons therefor and shall recommend
changes, if any, in the proposed action that would cause the commission
to reconsider its denial. Within 15 days of receipt of the notification
of disapproval, the applicant may resubmit an amended application
that takes into consideration the recommendations, if any, of the
PZD commission. The application shall be considered to be withdrawn
if no written amended application is received. Within 15 days of receipt
of a written amended application, the commission must either issue
the certificate of appropriateness or schedule another public hearing,
which hearing shall constitute the applicant's appeal of the
denial of a certificate of appropriateness.
[Ord. 2003-25, 9-15-2003, § 19]
The PZD commission shall select a reasonable time and place
for the hearing of the appeal and give due notice thereof to the applicant
by mailing notice of the hearing, said mailing to be made at least
15 days prior to the date of the hearing. Notice of the time and place
of such public hearing shall be published at least once, not less
than 15 days nor more than 30 days before the hearing, in a newspaper
of general circulation published in the Village of Elmwood Park.
The chairperson shall conduct the hearing and the PZD commission
and the applicant shall have the right to introduce evidence and to
cross examine witnesses. Minutes of the hearing shall be made and
kept.
At the hearing, the PZD commission shall vote to approve or
deny the appeal, announce its decision, and then notify the code administration
department and the applicant within five business days after the conclusion
of the public hearing, unless the time is extended by mutual agreement
between the PZD commission and the applicant.
In the event of a denial of the appeal by the PZD commission, the applicant may appeal the decision to the President and Board of Trustees, whose decision in this matter shall be final subject only to judicial review as provided by law. Such appeal to the President and Board of Trustees must be in writing and filed by the applicant with the Village Clerk within 30 days, as provided in Section 25A-20 of this chapter.
[Ord. 2003-25, 9-15-2003, § 20]
Notwithstanding any of the provisions of this chapter to the
contrary, the PZD commission may issue a certificate of economic hardship
to allow the performance of work for which a certificate of appropriateness
has been denied.
(a)
An applicant for a certificate of economic hardship may submit any
or all of the following information in order to assist the PZD commission
in making its determination on the application:
(1)
The amount paid for the property, the date of purchase and the
party from whom purchased (including a description of the relationship,
if any, between the owner and the person from whom the property was
purchased).
(2)
The assessed value of the land and improvements thereon according
to the two most recent assessments.
(3)
Real estate taxes for the previous two years.
(4)
Remaining balance on mortgage, if any, and annual debt service,
if any, for the previous two years.
(5)
All appraisals obtained within the previous two years by the
owner or applicant in connection with the purchase, financing or ownership
of the property.
(6)
Any listing of the property for sale or rent, price asked and
offers received, if any.
(7)
Any consideration by the owner as to profitable adaptive uses
for the property.
(8)
If the property is income producing, the annual gross income
from the property for the previous two years, itemized operating and
maintenance expenses for the previous two years, and annual cash flow
before and after debt service, if any, during the same period.
(9)
Form of ownership or operation of the property, whether sole
proprietorship, for profit or not for profit corporation, limited
partnership, joint venture or other.
(10)
Any other information, including the income tax bracket of the
owner, applicant or principal investors in the property, reasonably
necessary for a determination as to whether the property can be reasonably
used or yield a reasonable return to present or future owners.
(b)
If the PZD commission finds that without approval of the proposed
work, the property cannot obtain a reasonable economic return therefrom,
then the application shall be delayed for a period not to exceed three
months. During this period of delay, the PZD commission shall investigate
plans to allow for a reasonably beneficial use or a reasonable economic
return, or to otherwise preserve the subject property.
(c)
If by the end of this three-month period, the PZD commission has
found that without approval of the proposed work, the property cannot
be put to a reasonable beneficial use or the owner cannot obtain a
reasonable economic return therefrom, then the PZD commission shall
issue a certificate of economic hardship approving the proposed work.
If the PZD commission finds otherwise, it shall deny the application
for a certificate of economic hardship.
[Ord. 2003-25, 9-15-2003, § 21]
(a)
When a certificate of appropriateness or a certificate of economic
hardship is approved or denied for either a landmark or a structure
within a historic district, the applicant(s) or any interested party
may, within 30 days of such approval or denial, appeal the PZD commission's
decision to the President and Board of Trustees. The President and
Board of Trustees may receive comments on the contents of the record
but no new matter may be considered by the President and Board of
Trustees. The President and Board of Trustees may affirm the decision
or recommend changes by a majority vote of the President and Board
of Trustees after due consideration of the facts contained in the
record submitted to the President and Board of Trustees by the PZD
commission. The President and Board of Trustees may overturn the PZD
commission's decision by a majority vote of a quorum of the President
and Board of Trustees. If the President and Board of Trustees decide
that a certificate of economic hardship should be issued, the Village
Clerk shall notify the applicant, the code administration department
and the PZD commission within seven days of the President and Board
of Trustees' decision, and the code administration department
then shall issue the permit within 15 days.
(b)
If the President and Board of Trustees concurs with the PZD commission's
decision not to issue a certificate of economic hardship, the Village
Clerk shall notify the applicant, code administration department and
the PZD commission within seven days.
[Ord. 2003-25, 9-15-2003, § 22]
In the case of partial or complete natural destruction or demolition
of a site within a historic preservation district or of a landmark,
the owner will be required to obtain a certificate of appropriateness
from the PZD commission prior to reconstruction. Although exact duplication
of the previous structure may not be required, the exterior design
of the property shall be in harmony with:
[Ord. 2003-25, 9-15-2003, § 23]
At any time after designation of a historic landmark or historic
district has been approved by the corporate authorities, the President
and Board of Trustees of the Village of Elmwood Park, by a simple
majority vote, may rescind the designation of a historic landmark
or a historic district upon any terms and conditions as such corporate
authorities deem appropriate. Upon the rescission of such designation(s),
the Village Clerk shall record with the county recorder of deeds a
notice that such designation has been rescinded and that such property
or buildings are no longer subject to issuance of a certificate of
appropriateness.
[Ord. 2003-25, 9-15-2003, § 24]
Any person who undertakes or causes any alteration, construction,
demolition, or removal of any nominated or designated landmark or
property within a nominated or designated historic district without
first obtaining a certificate of appropriateness shall be guilty of
a misdemeanor and upon conviction thereof shall be punished by a fine
of not less than $50 nor more than $750. Every day such violation
shall continue to exist shall constitute a separate violation. The
President and Board of Trustees may institute any appropriate action
or proceeding in the name of the Village of Elmwood Park to enjoin,
correct or abate any violation of this chapter.
